RES-2007-095RESOLUTION NO. 2007- 095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 2006 -111
NUNC PRO TUNC WHICH ESTABLISHED PERSONNEL RULES
FOR MANAGEMENT, CONFIDENTIAL AND NON REPRESENTED PART -TIME
CLASSIFICATIONS
WHEREAS, the Human Resources Director has recommended in a staff
report dated June 19, 2007, that Resolution No. 2006 -111 be amended in the manner
hereinafter set forth; and
WHEREAS, through inadvertence and clerical error, Resolution No. 2006-
111 reflected inaccurate effective dates; and
WHEREAS, through inadvertence and clerical error, Resolution No. 2006-
111 reflected inaccurate paid leave rates; and
WHEREAS, the City Council finds that it is in the best interest of the City
of Anaheim to correct said Resolution No. 2006 -111, nunc pro tunc, to reflect the true
intent of the City Council.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that the attached Personnel Rule 32 (Paid Leave Program) is corrected nunc
pro tunc to include the above referenced corrections and is hereby substituted in place
of the original Personnel Rule 32 as adopted by Resolution No. 2006 -111; and
BE IT FURTHER RESOLVED that except to the extent amended herein
Resolution No. 2006 -111 shall remain in full force and effect.
F: \OT4024CS.DOC
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 191-h day of J une 2007, by the
following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY
1
v.I/
OF THE iips F ANAHEIM
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
CITY NAHEIM
MAYOR OF THE CI JSF NAHEIM
F: \OT4024CS.DOC
RULE 32. PAID LEAVE PROGRAM
Section 32.0 Effective Juno 27, 2007 June 30. 2006, 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, full -time service, such employees shall accrue
paid leave at the rate of,9.75 hours for each complete biweekly pay period 1253.5 hours
or. 10.5625 shifts per year). Effective June 29. 2007. such employees shall accrgle paid_
leave at the rate of 10.75 hours for each complete biweekly Day period (279.5 hours or
11.6458 shifts Der vear).
i Deleted: 8.75
Deleted: 217.1
Deleted: 9.0458
32.02 Upon completion of four (4) years of continuous, full -time service, such employees shall
accrue paid leave at the rate of,10.S hours for each complete biweekly payperiod (273.0_ Deleted: 9.1
hours or, 11.375 shifts per year). Effective June 29. 2007. such employees shall accrue per 236.6
paid leave at the rate of 11.5 hours for each complete biweekly Day period (299.0 hours
or 12.4583 shifts oer year). D ew 9.8583
32.03 Upon completion of eight (8) years of continuous, full -time service, such employees shall
accrue paid leave at the rate of 1..2.0 hours for each complete biweekly payperiod (312.0 Deleted: 10.6
hours or;, 3�.0 shifts per year). Effective June 29. 2007, such employees shall accrue 275.6
paid leave at the rate of 13 hours for each complete biweekly oav period (338.0 hours or
14.0833 shifts per year). Deleted: 11.4833
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_ Deleted: 11.85
(344.5 hours or,14.3542 shiftsper year). ffeQtjye June 23. 2007. such employees elygl Deleted: 308 .1
accrue paid leave at the rate of 14.25 hours for each complete biweekly Dav period
(370.50hours or 15.4375 shifts per vear). Deleted: 12.8375
32.05 Upon completion of nineteen (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 Deleted: 13.35
(383.5 hours or 15.9792 shifts peryear). Effective June 29. 2007, euch tQmplovees shalt
Deleted: 347.1
accrue paid leave at the rate of 15.75 hours for each complete biweekly Day period
1409.50hours or 17.0625 shifts Der year). Deleted: 14.4625
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 Califomia Workers 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 Califomia Worker's Compensation Insurance and Safety Act and his regular basic rate of pay.
Section 32.2 Paid leave time shall continue to accrue in accordance 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 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 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.
Rule 32. Paid Leave Program
Page 2
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 32.6 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 32.7 An employee who utilizes paid leave time under the provisions of this Rule shall inform
his/her immediate supervisor of the fact and the reason as soon as possible and shall ensure that his/her
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 but not taken shall be paid under the following
conditions:
32.9.1 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.
32.9.2 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.
32.9.3 An employee may be paid at his regular hourly rate of pay for all or a portion of paid
leave
time hours accrued but not used in excess of two hundred forty five (245) hours upon
submission of a written and signed request to the Finance Department, Payroll Office.
Requests submitted during any biweekly pay period shall be paid on the payday for that
pay period. A maximum of four (4)such payments shall be allowed each calendar year.
When requested, such payments may be diverted to the employee's Deferred
Compensation account, within limits established by law.
Section 32.10 In the event an employee's work schedule changes from a forty (40) hour assignment to
a fifty -six (56) hour assignment, the paid leave account shall be established as follows:
32.10.1 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.
32.10.2 The employee's paid leave account shall be credited with the hours resulting form 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 assignment, paid leave time accrued but not taken shall be converted as follows:
32.11.1 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.
Rule 32. Paid Leave Program
Page 3
32.11.2 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.
32.11.3 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 In the event an employee's work schedule changes from a forty (40) hour assignment to
a fifty -six (56) hour assignment after June 29, 2007, the employee's Paid Leave account shall be credited
with one (1) hour of Paid Leave for each complete pay period during which the employee was assigned to
the 40 hour assignment; except that there shall be no credit for time in a forty (40) hour assignment prior
to June 29, 2007. Paid Leave credited to an employee's account pursuant to this Section shall be in
addition to any other Paid Leave entitlement an employee may have under the provisions of Section 32.0.
32.12.1 It is the intent that employees promoted from a 40 hour assignment shall receive credit
for time worked between June 29, 2007 and their date of promotion as described in
Section 32.12 above upon retuming to a fifty six (56) hour assignment or as described in
Section 32.12.2 below upon their separation from City service.
32.12.2 In the event an employee who is in a forty (40) hour assignment separates City service
for any reason, the employee shall be credited with additional accrued vacation equal to
the ratio of 40/56 (.7143) hours for each complete pay period during which the employee
was assigned to the 40 hour assignment; except that there shall be no credit for time in
the forty (40) hour assignment prior to June 29, 2007.
Section 32.13 Paid leave time shall be used under the provisions of this Rule for absences as the result
of a non occupational illness 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 leave 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 receiving any
disability benefit for the remainder of the STD benefit period.
Section 32.14 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 less deductible benefits. Such disability benefit shall continue
during total disability up to a maximum of six (6) months from date of disability.
32.14.1 Deductible benefits include salary or other compensation 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.
32.14.2 Total disability means an employee's complete inability to engage in his regular
occupation.
32.14.3 Benefits are not payable unless the employee is regularly seen and treated by a
licensed physician or medical practitioner who certifies to the continuing
disability.
Section 32.15 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 under the following conditions:
32.15.1 All periods of total disability must be due to the same cause or causes; and
Rule 32. Paid Leave Program
Page 4
32.15.2 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 continuous
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
32.15.3 Commencement of the benefit period for the insured LTD plan shall automatically
terminate benefits from the City Disability Plan.
Section 32.16 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.
Doc: Rule32F
Created 1/90 (Resolution No. 90R -51)
Reviewed 2/92 No Change
Revised 7/02
Revised 6/18/2004
Revised 5/2006
Revised 6/2006