90-051 9UR-51 1
RESOLUTION NO. 90R-~! ............
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING PERSONNEL RULE 32, PAID
LEAVE PROGRAM
WHEREAS, on April 26, 1988, the City Council adopted
Resolution No. 88R-156 adopting Personnel Rules covering
management, confidential and non,represented part-time employees;
and
WHEREAS, the Human Resources Director has recommended in a
staff report dated January 30, lggo, that Personnel Rule 32, Paid
Leave Program, be created and added to said Personnel Rules; and
WHEREAS, the City Council of the City of Anaheim does find
that amending Resolution No. 88R-156 by adding Personnel Rule 32,
Paid Leave Program is in the best interests of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Resolution No. 88R-166 is hereby amended by
adding Personnel Rule 32 to read as follows:
"Section 32.0 Full-time management employees in the classified
service with an average, regular work week of fifty six (56) hours
shall accrue paid leave time in accordance with the following
conditions:
32.01 For the first four (4) years of continuous, fu]]-time
service, such employees shall accrue paid leave at the
rate of 9.75 hours for each complete biweekly pay
period (253.5 hours or 10.5625 shifts per year).
92.02 Upon completion of four (4) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 10.5 hours for each complete
biweekly pay period (273.0 hours or 11.375 shifts per
year).
32.03 Upon completion of eight (8) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 12.0 hours for each complete
biweekly pay period (312.0 hours or 13.0 shifts per
year).
32.04 Upon completion of fourteen (14) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 13.25 hours for each complete
biweekly pay periods(344.5 hours or 14.3542 shifts per
year).
32.04 Upon completion of eighteen (19) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 14.75 hours for each complete
biweekly pay period (383.5 hours or 15.9792 shifts per
year),
90R-51 2
Section 32.1 An employee requesting paid leave time for an absence
from work as a result of any injury or illness which comes under
the State of California Worker's Compensation Insurance and Safety
Act after eligibility for Industrial Accident leave has ended shal]
receive maximum compensation from the C~ty in an amount equal to
the difference between temporary disability payments mandated by
---_~- the State of California Worker's :Compensation Insurance and Safety
Act and h~s regular basic rate o{ pay.
Section 32.2 Paid leave time shall continue to accrue in accor-
dance with the above provisions during any period of leave with pay
except that employees who remain!on Industrial Accident Leave after
exhausting State mandated 4850 benefits shall accumulate no paid
leave time.
Section 32.3 Paid leave time ~n excess of three (3) consecutive
work shifts shall require the prior authorization of the Fire Chief
or a certification from a licensed medical practitioner that the
employee is disabled and unable to work. Paid leave time for
reasons other than illness or injury shall be scheduled and taken
in the best interests of the City and the Fire Department. Failure
on the part of the employee to comply with these requirements may
be considered for disciplinary action.
Section 32.4 An employee shall have one (1) hour deducted from his
accrued paid leave time for each hour of paid leave time taken.
Section 32.5 The minimum amount~ of paid leave time that may be
taken at any time is one (1) houlr.
Section 32.6 The maximum amount of paid leave time that may be
taken at any time shall be that :amount that has accrued to the
emp]oyee.
Section 32.7 An employee who utt]izes paid leave time under the
provisions of th~s Rule shall inform their immediate supervisor of
the fact and the reason as soon as possible and shall ensure that
their position is manned in accordance with Fire Department
operating policies. :
Section 32.8 In the event that!an employee leaves work during
working hours and is placed on paid leave time prior to the close
of the work day, such paid leave time shall be calcu]ated to the
nearest hour.
Section 32.9 Paid leave time which is accrued but not taken shall
be paid under the following conditions:
90R-51 3
32.91 Upon termination, the employee shall be paid for all
hours accrued but not~ used in excess of two hundred
forty five (245). In the event the employee retires
from City service, all hours accrued but not used up to
a maximum of the two hundred forty five (245) shall be
reported as unused sick leave for additional service
credit in accordance with the contract between the City
and the Public Employees Retirement System.
32.92 An employee shall be paid at his regular hourly rate of
pay for all paid leave time hours accrued but not used
in excess of three hundred fifty (350) hours (or at the
employee's option in excess of seven hundred fifty
(750) hours) in each.calendar year Payment shall be
made in January of each year.
Section 32.10 In the event an employee's work schedule chamges
from a forty (40) hour assignment to a fifty-six (56) hour assign-
ment, the paid leave account shall be established as follows:
32.101 Sick leave and vacation hours accumulated shall be
added together, multiplied by the ratio of 55/40 (1.~),
and rounded to the next highest whole hour.
32.102 The employee's paid :leave account shall be credited
with the hours resulting from this calculation and
shall be immediately available for use.
Section 92.11 In the event an employee's work schedule changes
from a fifty six (56) hour assignment to a forty (40) hour assign-
ment, paid leave time accrued but not taken shall be converted as
follows: ~
32.111 Hours in the employee's paid leave time account shall
be reduced by multiplying the balance by the ratio of
40/56 (.7143) rounded to the next highest whole hour.
32.112 The employee's account balance for sick leave with pay
shall be credited with all hours to a maximum of one
hundred seventy five (175) and shall be available fop
immediate use.
32.113 The employee's account balance for vacation with pay
shall be credited with any hours remaining and shall be
immediately available for use.
Section 32.12 Paid leave time shall be used under the provisions
of this Rule for absences as the result of a non-occupational ill-
ness or injury for up to ten (10) regularly scheduled work shifts
per occurrence. In the event such an absence exceeds ten (10)
regularly scheduled work shifts, an employee may, at his option,
use accrued paid ]eave time In ~lieu of the disability benefit
described in Section 32.13. When exercising such an option, the
employee shall exhaust all accrued paid leave time prior to receiv-
ing any disability benefit for ithe remainder of the STD benefit
period.
90R-51 4
Section 32.13 An employee who is continuously and totally disabled
fop mope than ten (10) regularly scheduled work shifts shall be
eligible to receive a disability benefit of net sixty percent (60~)
of his base rate of pay, after withholding taxes and ]ess deducti-
ble benefits. Such disability benefit shall continue during total
disability up to a maximum of six (S) months from date of disabil-
ity.
32.131 Deductible benefits include salary or other compensa-
tion paid by any employer, WorkeP's Compensation Act,
oP similar law including benefits for partial oP total
disability, whether permanent or temporary if benefits
being received ape fop the current disabling condition;
a pension plan toward which the City contributed.
32.132 Total disability means an employee's complete inability
to engage in his regular occupation.
32.133 Benefits are not payable unless the employee is regu-
larly seen and treated by a licensed physician oP
medical practitioner who certifies to the continuing
disability.
Section 32.14 If two or more periods of total disability occur
duping a specific six month elimination period for insured LID
plan, all such periods shall be considered as one period of
continuous total disability under the following conditions:
32.1A1 All periods of total disability must be due to the same
32.1A2 All recurring periods of total disability that qualify
as one period of continuous total disability for the
insured LTD plan, shall qualify as one period of con-
tinuous total disability for the City Disability Plan
and shall not require a new one month waiting period
before the City Disability Benefits will be paid; and
$2.143 Commencement of the benefit period for the insured LTD
plan shall automatically terminate benefits from the
City Disability Plan.
Section 22.15 An employee who is continuously and totally disabled
for more than six (6) months shall receive long term disability
benefits in accordance with the provisions of Rule 25."
90R-51 5
BE IT FURTHER RESOLVED that the effective date of this
Resolution is February 16, lgg0.
AND BE IT FURTHER RESOLVED that except to the extent
amended, Resolution No. 88R-166 shall remain In full force and
effect.
THE FORESDINS RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this ~..~ay of February, 1990.
ATTEST:
¥~Y C-~6'~ i~ E '~ I T~'"'~'~'"'~NAH ~'~ ..............
APPROVED AS TO FORM:
~<~f.-C~TY ATTORNEY OF, THE CITY OF ANAHEIM
1027/VK
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-51 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of February, 1990, by thelfollowing vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter
NOES: COUNCIL MEMBERS: None ~
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-51 on the 14th day of February, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of February, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL) ~
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-51, duly passed and
adopted by the Anaheim City Council on February 13, 1990..
~CITY CLERK OF T~E CITY OF ANAHEIM
Exhibit 90R-51 1
RULE 32 PAID LEAVE PROGRAM
Section 32.0 Fu]l-time management employees in the classified
service with an average, regular work week of fifty six (56) hours
shall accrue paid leave time in accordance with the following
conditions:
32.01 For the first four (4) years of continuous, full-time
~-~- service, such employees shall accrue paid leave at the
'-_~- rate of 9.75 hours for each complete biweekly pay
period (252.5 hours lot 10.5625 shifts per year).
32.02 Upon completion of four (4) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 10.5 hours for each complete
biweekly pay period ,(273.0 hours or 11.375 shifts per
year).
32.03 Upon completion of eight (8) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate ofl 12.0 hours for each complete
~ biweekly pay period i(312.0 hours or 13.0 shifts per
year). ~
32.04 Upon completion of fourteen (14) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of~ 13.25 hours for each complete
biweekly pay period (344.5 hours or 14.3542 shifts per
year).
32.0~ Upon completion of eighteen (19) years of continuous,
full-time service, such employees shall accrue paid
leave at the rate of 14.75 hours for each complete
biweekly pay period :(383.5 hours or 15.9792 shifts per
year).
Section 32.1 An employee requesting paid leave time for an absence
from work as a result of any injury or illness which comes under
the State of California Worker's~Compensation Insurance and Safety
Act after eligibility for Industrial Accident leave has ended shall
receive maximum compensation from the City in an amount equal to
the difference between temporary disability payments mandated by
the State of California Norker's Compensation Insurance and Safety
Act and his regular basic rate of pay.
Section 32.2 Paid leave time shall continue to accrue in accor-
dance with the above provisions during any period of leave with pay
except that employees who remain~on Industrial Accident Leave after
exhausting State mandated 4850 benefits shall accumulate no paid
leave time.
Exhibzt 90R-51 2
Section 32.3 Paid leave tlme in:excess of three (3) consecutive
work shifts shall require the prior authorization of the Fire Chief
or a certification from a licensed medical practitioner that the
employee is disabled and unable to work. Paid leave time for
-~I~ reasons other than illness or injury shall be scheduled and taken
in the best interests of the City and the Fire Department. Failure
on the part of the employee to comply with these requirements may
be considered for disciplinary action.
Section 32.4 An employee shall have one (1) hour deducted from his
accrued paid leave time for each hour of paid leave time taken.
Section 32.5 The minimum amount:of paid leave time that may be
taken at any time is one (1) hour.
Section 32.8 The maximum amount of paid leave time that may be
taken at any time shall be that amount that has accrued to the
employee.
Section 32.? An employee who utilizes paid leave time under the
provisions of this Rule shall inform their immediate supervisor of
the fact and the reason as soon as possffble and shall ensure that
their position is manned in accordance with Fire Department
operating policies.
Section 32.8 In the event that an employee leaves work during
working hours and is placed on paid leave time prior to the close
of the work day, such paid leave time shall be calculated to the
nearest hour.
Section 32.9 Paid leave time which is accrued by not taken shall
be paid under the following conditions:
32.91 Upon termination, the employee shall be paid for all
hours accrued but not use din excess of two hundred
forty five (245). In the event the employee retires
~I~ from City service, all hours accrued but not used up to
a maximum of the two hundred forty five (245) shall be
reported as unused sick leave for additional service
credit in accordance with the contract between the City
and the Public Employees Retirement System.
32.92 An employee shall be paid at his regular hourly rate of
pay for all paid leave time hours accrued but not used
in excess of three hundred fifty (350) hours (or at the
employee's option in excess of seven hundred fifty
(?50) hours) in each calendar year Payment shall be
~=~ made in January of each year.
Section 32.10 In the event an employee's work schedules changes
from a forty (40) hour assignment to a fifty-six (58) hour assign-
ment, the paid leave account shall be established as follows:
Exhibit 90R-51 3
32.101 Sick leave and vacation hours accumulated shall be
added together, multiplied by the ratio of 56/40 (1.4),
and rounded to the next highest whole hour.
32.102 The employee's paid leave account shall be credited
with the hours resulting from this calculation and
shall be immediately available for use.
Section 32.11 In the event an employee's work schedule changes
from a fifty six (56) hour assignment to a forty (40) hour assign-
ment, pafd leave time accrued but not taken shall be converted as
follows:
32.111 Hours in the employee's paid leave time account shall
be reduced by multiplying the balance by the ratio of
40/56 (.7143) Pounded to the next highest whole hour.
32.112 The employee's account balance for sick leave with pay
shall be credited with all hours to a maximum of one
hundred seventy five (175) and shall be available for
immediate use.
32.113 The employee's account balance for vacation with pay
shall be credited with any hours remaining and shall be
immediately available for use.
Section 32.12 Paid leave time shall be used under the provisions
of this Rule for absences as the result of a non-occupatiomal
mess or inlury for up to tam (10) regularly scheduled work shifts
per occurrence. In the event such an absence exceeds ten (10)
regularly scheduled work shifts; an employee may, at his option,
use accrued paid leave time fn lieu of the dfsabi]ity benefit
described in Section 32.13. When exercising such an option, the
employee shall exhaust all accrued paid leave time prior to receiv-
ing any disability benefit for the remainder of the STD benefit
period.
Section $2.13 An employee who is continuously and totally disabled
for more than ten (10) regularly scheduled work shifts shall be
eligible to receive a disability benefit of net sixty percent (60~)
of his base rate of pay, after withholding taxes and ]ess deducti-
ble benefits. Such disability benefit shall contlnue during
disability up to a maximum of six (6) months from date of dtsabil-
32.131 Deductible benefits include salary or other compensa-
tion paid by any employer, Worker's Compensation Act,
or similar law including benefits for partial or total
disability, whether permanent or temporary if benefits
being received are for the current disabling condition;
a pension plan toward which the City contributed.
32.132 Total disability means an employee's complete inability
to engage in his regular occupation.
Exhibit 90R-51 4
32.133 Benefits are not payable un]ess the employee is regu-
larly seem and treated by a licensed physician or
medical practitioner who certifies to the continuing
disability.
Section 32.14 If two or more periods of total disability occur
during a specific six month elimination period for insured LTD
plan, all such periods shall be considered as one period of
continuous total disability undem the following conditions:
32.141 All periods of tote3 disability must be due to the same
cause or causes; and:
32.142 All recurring periods of total disability that qualify
as one period of continuous tote] disability for the
insured LTD plan, shall qualify as one period of con-
tlnuous total disability for the City Disability Plan
and shall not require a new one month waiting period
before the City Disability Benefits will be paid; and
32.1~3 Commencement of the benefit period for the insured LTD
plan shal] automatically terminate benefits from the
City Disability Plan.
Section 32.15 An employee who is continuously and totally disabled
for more than six (6) months shall receive long term disability
benefits in accordance with the provisions of Rule 23."
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1/30/90