Resolution - 9036i.
RESOLUTION NO 9036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION NO. 7223 RELATING TO THE
PERSONNEL RULES, AS AMENDED, REVISING PERSONNEL RULE X, SECTION
10.28
•WHEREAS, the Personnel Rules of the City of West Covina are reviewed
to ensure that they are responsive to the needs of the City and operating
departments; and
WHEREAS, the Personnel Rules of the City of West Covina should be
revised to address trends both nationally and locally with regard to
valuing the needs of families; and
WHEREAS, the Personnel Rules of the City of West Covina must be
consistent with current legal standards;
NOW, THEREFORE, the City Council of the City of West Covina,
California, does resolve as follows:
SECTION 1. Personnel Rule X - Section 10.28, Parental Leave of
Absence, shall be amended as follows:
10.28 FAMILY CARE AND MEDICAL LEAVE
A. Pregnancy, Childbirth and Related Child Care
Leaves due to pregnancy or subsequent to the birth or
adoption of a child for parental care purposes, will be
granted for a reasonable period of time by the City
Manager, provided such period, including paid leave and
leave without pay, shall not exceed 12 weeks in a 12-month
period. Only those employees with at least 1,250 hours
during the last 12 months and more than 12 months of
service shall be eligible.
Employees on Pregnancy leave may be granted up to four
months of leave, depending upon the actual period of
disability. Additionally, either or both parent(s) of the
child, if eligible, can take a family care leave of up to
12 weeks to care for the newborn.
Requested leaves will be evaluated on a case by case basis
and substantiated by physician certification.
B. Adoption or Foster Care
Leaves due to adoption or foster care placement of a child
will be granted by the City Manager, provided such period
shall not exceed 12 work weeks in a 12 month period. Only
those employees with at least 1,250 hours during the last
12 months and more than 12 months of service shall be
eligible.
Leave must be taken all at one time within one year of
adoption or placement and may not be taken intermittently.
C. Employee/Family Illness
Leaves due to the serious health condition of the employee,
• child, spouse, or parent of an employee may be granted for
a reasonable period of time by the City Manager, provided
such period including paid and unpaid leave, shall not
exceed 12 work weeks in a 12 month period. Only those
employees with at least 1,250 hours during the last 12
months and more than 12 months of service shall be
eligible.
Certification from a health care provider that the
employee's leave is necessary, the probable duration of the
condition, estimation of amount of time the employee needs
to take off to care for the family member, a statement that
the serious health condition "warrants the participation"
of the employee to provide care may be required upon
request. Additionally, if the leave is for the employee's
own health condition, the certification must contain a
statement that the employee is unable to perform the
functions of his or her job.
D. Use of Paid Leave
Paid benefit time such as vacation, personal leave days,
compensatory time and administrative leave may be taken
during any family leave period so long as the total time
off does not exceed 12 work weeks in a 12 month period.
Such leave must be used prior to an employee taking leave
without pay except.during the disability period of a female
employee which is in conjunction with the birth of a child.
Sick leave may only be used during the disability period
or as provided under Personnel Rule X, Section 10.21, D.2.
All employees on family care and medical leave are entitled
to return to the same or a comparable position.
E. Use of Health Insurance Benefits
Health insurance benefits shall continue for the duration
of the leave under the same conditions as if the employee
had continued in employment. If the employee fails to
return to work after the period of leave to which the
employee is entitled has expired, the City is entitled to
recover the premiums paid on behalf of the employee for
maintaining coverage, unless the failure to return is for
a reason other than the continuation, recurrence, or onset
of a serious health condition that entitles the employee
to leave or extenuating circumstances beyond the employee's
control.
Family care leave shall be administered in a manner consistent with
Sections 12945, 12945.2 and 19702.3 of the California Government Code
and the federal Family and Medical Leave Act of 1993. California law
shall prevail unless preempted by federal law.
The federal Family Medical and Leave Act (FMLA) provides that state
laws such as the California Family Rights Act are not "preempted" or
superseded by the federal FMLA to the extent those laws provide
family or medical leave rights greater than the federal FMLA.
Collective bargaining agreements cannot provide benefits less than
those required by the federal FMLA.
SECTION 2. The remaining provisions of Resolution No. 7233, as
amended, shall remain in full force and effect until amended or repealed
by resolution of the City Council.
•
SECTION 3.
December 7, 1993.
The effective date of this resolution is
SECTION 4. The City Clerk shall certify to the adoption of this
resolution.
APPROVED AND ADOPTED THIS 7th day of December 1993.
ATTEST:
City Cle
I HEREBY,CERTIFY that the foregoing resolution was duly adopted
by the City Council on the 7th day of December 1993.
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
APPROVED AS TO FORM:
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City Attorney
Herfert, Manners, McFadden, Wong, Jennings
None
None
None
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