01-08-2002 - Modification of Personnel Rules Relating to Industrial DisabilitiesCity of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager
and City Council AGENDA
FROM Kermit Francis, Interim Director of Personnel ITEM NO. C-6a
DATE January 8, 2002
SUBJECT: MODIFICATION OF PERSONNEL RULES
RELATING TO INDUSTRIAL DISABILITIES
SUMMARY: This is a request to modify Personnel Rule Sec. 16.29 WORK RELATED
DISABILITY LEAVE, A. Entitlement to Leave, and B. Salary Step Increases
During Leave, and to clarify language regarding eligibility to return to work, as
indicated on the attached document.
BACKGROUND:
The current 'Personnel Rules rp event non -safety: employees from accruing vacation and sick
leave benefits "during a period of disability leave..:.....".. Recent litigation requires that said
benefits be allowed to accumulate when the employee, is on disability, leave._ Also, the language
in Sec. 10.29 A refers to cessation of benefits upon retirement while the actual practice is that the
employee's benefits are impacted - .when the Doctor has determined the disability to be
permanent and stationary and the employee either may return to work or is unable to
return to usual and customary duties. This change allows the.language to more clearly reflect
the actual practice under. Workers' Compensation -procedures. .
DISCUSSION:
On August 31, 2001 the City of West Covina received notification from their legal counsel
Richard L. Adams II; of Alvarez-Glasman & Colvin .that the Personnel Rules be amended to
conform to a recent Appellate Court case finding and' thereby "allow accruals to continue during
periods in which an employee is on temporary disability". Additionally a language change is
recommended, as indicated above, to allow workers' compensation practice and rules to be in
conformance. These actions, in the first instance, appear to be required to ensure that the City of
West Covina does not discriminate under workers' compensation law, and in the second instance
clarify language regarding return to work or eligibility for permanent workers compensation
benefits. These. changes are consistent with the City Council's authority to adopt, amend or
repeal the Personnel Rules as provided in section 2-192, paragraph (b) of the West Covina
Municipal Code.
OPTIONS:
None appear available
FISCAL IMPACT:
Regarding the change caused by the Appellate Court case: A cost cannot be determined at this
time as costs are, dependent on frequency and duration of the disability in each case. The
languageconformance change has no cost as it only brings the language of the Rules in
compliance with Workers Compensation practice.
RECOMMENDATION:
Adopt the recommended changes as set forth in the. Revised Personnel Rules attached to this
report as Exhibit 1.
Kermit Francis
Interim Director of Personnel
REVIEWED AND APPROVED BY:
Erin Hoppe
Interim Risk Management Director
EXHIBIT 1,
PERSONNEL RULES
RULE X - LEAVES
SEC. 10.29 WORK RELATED DISABILITY LEAVE
A. Entitlement to Leave
Whenever any employees of the City are disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of their
duties, they shall, be entitled, regardless of their period of service with the
City, to leave of absence while so disabled, without loss of salary — temporary
disability compensation, if any, being considered as and credited to salary for
this purpose — for the period of such disability, but not exceeding one year, or
until such earlier date as they are
determined to be permanent and stationary and unable to return to their usual
and customary duties; and the leave of absence hereby granted shall be in
addition to, and shall not be charged to or deducted from, accumulated sick
leave except as provided herein. Such leave, however, shall not be paid for
more than seven days unless and until such employees are awarded or receive
disability benefits under the Workers' Compensation and Insurance Law of
the State of California based upon such disability. When and while
applicable, this'section shall supersede the provisions of the Grievance
procedure.
,;