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90-050 ~ 90R-50 1 RESOLUTION NO. gOR-_5~.-- A RESOLUTION OF THE C TY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 17, SICK LEAVE AS SET FORTH IN RESOLUTION NO. 88R-166 WHEREAS, on April 26, 1988, the City Council adopted Resolution No. 88R-166 adopting Personnel Rules covering manage- ment, confidential and non-represented part-time employees; and WHEREAS, the Human Resources Director has recommended in a staff report dated January 30, lgg0, that Personnel Rule 17, Sick Leave be amended by deleting reference to fifty-six (56) hour employees; and WHEREAS, the City Council of the City of Anaheim does find that amending Reso]ution No. 88R-166 is in the best interests of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Counci] of the City of Anaheim that Resolution No. 88R-166 be amended by revising Personnel Rule 17, Sick Leave to read as follows: "Section 17.0 Full-time confidentia] and management employees in the classified service shall accrue annual Sick Leave with pay in accordance with the following provisions: 17.01 Regular, full-time employees with an average regular work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period.; 17.02 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay, except that Public Safety employees who remain on Industrial Accident Leave in accordance with Personnel Rule 18, Industrial Accident Leave, after exhausting State mandated 4850 benefits shall accumulate no sick ]eave. 17.03 An employee requesting slck leave for an absence from work as a result of any injury or dlsease 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 compensattonl from the City 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 his reguqar basic rate of pay. 90R-50 2 Section 17.1 Each employee shall have one-half (1/2) hour deducted from his accrued sick leave time for each one-half (1/2) hour of sick leave taken. An emp]oyee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued sick leave time for each regularly scheduled working day that he is on paid sick leave. 17.11 An employee may, at&his option, elect to use vacation time to bridge the period after sick leave is exhausted ~__~ and prior to STD commencing. Section 17.2 Sick Leave that I$ accrued, but not taken, shall be accumulated. 17.21 Regular, full-time confidential or management employees with an average regular work week of forty (40) hours shall be paid at their regular hourly rate of pay for all hours accumulated beyond one hundred seventy-five (175) in each calendar year. Payment shall be made in January of each year, or upon the employee's termina- tion of employment for any reason. A maximum of one hundred seventy-five (175) hours shall carry over from year to year. Section 17.3 A confidential or management employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60%) of his/her base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall con- tinue during total disability up to a maximum of six months from date of disability. Upon completion of thirty (30) and/or ninety (gO) days of absence while receiving short term disability bene- fits, an employee shall be required to undergo a physical examin- ation by the treating physician~or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness:or injury and the proghosts and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one hundred and twenty (120) days of absence only uponisubmission of the report of physical examination by the treating physician or medical practitioner. 17.31 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. 17.32 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. 90R-50 3 Section 17.4 In the event that any paid holiday occurs durfng a period when any confidential or management employee is on pald sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. Section 17.5 An employee eliglble for paid sick leave shall be granted such leave for the following reasons: 17.51 Illness of the employee or physical incapacity of the employee due to illness or injury. 17.52 Enforced quarantine of the employee in accordance wlth community health regulations. 17.53 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appoint- ments shall require prior approval of the employee's supervisor and will be granted in accordance with the best interests of the City of Anaheim and the emplo- yee's department or division. 17.54 Temporary dfsabllitles caused by pregnancy and child- birth. 17.55 Up to forty-eight (48) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. Section 17.6 A confidential or management employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reason- able time may be cause of denial of sick leave with pay. Section 17.7 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the employee*s Executive Manager or Administrative Manager may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his posi- tion. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. Section 17.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such sick leave shall be calculated to the nearest one-half (1/2) hour. Section 17.g Effective December 19, 1980, accrued Sick Leave hours shall be entered in a new Sick Leave plan. 90R-50 4 17.91 Regular full-time confidential and management employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable Sick Leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75~) to be reported as service credit at retlrement; twenty-five percent (25~) converted to cash  value at the employee's current (December lg, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as desig- nated by Public Employee's Retirement System records if the employee dies while employed. Employees who retire during calendar year 1984 or thereafter shall receive service credit for all hours up to one hundred seventy- five (175). 17.92 Regular full-time management employees with an average regular work week of fifty-six (56) hours shall have up to two hundred forty-five (245) hours credited to a usable Sick Leave account. The remainder (over 245 hours) shall be credited as follows: seventy-five percent (75~) to be used as service credit at retire- ment; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retire- ment, layoff or to his/her beneficiary, as designated by Public Emp]oyee's Retirement System records, if the employee dies while employed. Employees who retire in calendar year 1984 or thereafter shall receive service credit for all hours up to two hundred forty-five (245). 17.93 An employee in a classification designated as confi- dential or management who has more than five (5) years of continuous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his/her Employee Sick Leave Trust Fund account. When requested, such payments may be diverted to the employee's Deferred Compensation account, or paid in cash by separate check subject to standardized withholding taxes. Nhen partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entlre remaining balance in the account. Section 17.10 If two or more periods of total disability occur during a specific six-month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 90R-50 5 17.101 All periods of total disability must be due to the same cause or causes; and 17.102 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 ANAHEIM Disability Plan and shall not require a new one month waiting ~ period before ANAHEIM Disability Benefits will be paid; and 17.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. Section 17.11 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Section 17.12 This rule does not apply to management employees with an average regular work week of fifty-six (56) hours (with the exception of Section 17.92), with the adoption of Rule 32, Paid Leave Program." BE IT FURTHER RESOLVED that the effective date of said amendment to Resolution No. 88R,186 is February 16, 1990. AND BE IT FURTHER RESOLVED that except to the extent amended, Resolution No. 88R-166 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this/3.r_~......day of February, 1990. ................. ATTEST :_ CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: 102?/VK CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-50 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 the .following 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-50 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-50, duly passed and adopted by the Anaheim City Council on February 13, 1990.. CITY CLERK OF THE CITY OF ANAHEIM Exhibit 90R-50 1 RULE 1 7. SICK LEAVE Section 17.0 Full-time confidential and management employees in the classified service shall accrue annual Sick Leave wlth pay in accordance with the following provisions: 17.01 Regular, full-time employees with an average regular work week of forty (40) hours shall accrue pafd sick leave at the rate of three (3) hours for each complete biweekly pay period. M~WMMRZ~//~//~MFYM~/////ZM//~dd~KYM~///M~M//~M~M MMMF~//~//KMM/~M~M/Mf/KMM/~Y~/'~MMMZM~M/M~WMMW~ 17.03 Paid ~ick leave shall continue to accrue accordance with th~ abov~ provi~ion~ during any period of ] cave with pay, except that Publ Safe~y employees who remain on %ndus~r~a] Accident Leave In accordance ~ith Personnel Rule 18 Industrial Acctden~ Leave, after exhausting mandated 4850 beneflts shall accumulate no Sick Leave. : ~?.0~ An employee requemt~ng $~ck leave ~or an absence ~rom ~ork as a result o~ anF ~nJu.~ or ~h~ch comes under the S~a~e o~ California Compensatfon Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from the City tn an amount equal to the difference between temporary dtsability payments mandated by the State of Ca31fornta Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. Section 1?.1 Each employee sha~3 have one-baSf (1/2) hour deducted from his accrued sick 3cave time for each one-half (1/2) hour of sick ~eave taken. An employee wtth a reguSar work of eight (8) hours sha~3 have eight (8) hours deducted from accrued sick 3cave time for each regu~arSy scheduSed working that he is on paid sick qeave. 17.11 An employee may, at his option, elect to use vacation time to bridge the period after Sick Leave ls exhausted and prior to STD commencing. Exhibit 90R-50 2 Section 17.2 Sick Leave that is accrued, but not taken, shall be accumulated. 17.21 Regular, full-time confidential or management employees with an average regular work week of forty (40 hours shall be paid at their regular hourly rate of pay for all hours accumulated beyond one hundred seventy-five (175) in each calendar year. Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. A maximum of one hundred seventy-five (175) hours shall carry over from year to year. ~7/~ RM{MZMF///~MZZ/~MM//M~M~{MMMM~//MMMZM~MM~//yM//KMM ~M~R//Mf//fYf~i/~YX//~//~M~f~//~ZZ//MM/~Y~/~K ~$f///fM{~Z~F///~M~fZ~//?~M//Mf//~//fMf//~M~f~ ~M~Z~///WM~MM~//~WM//~M~fMd//~M~//fMf~i/f~YM £~P~//WW~//MM~//M~Md//~MM~M{//KM//~MM/fMZZMW$M~ fMFMWZM/////MMM//MWM~FM~/MM~/M~MM/~g~/MMWF~/M~MM~ KMK~Z//~$~R//ZM~YM//MMMF~//M~Md/~d/$M{/KMM/~ZMMM~ ~MM///M~WMZ~//MMMF~/M~Y~///F~MMMK/~ZZ/WM/MM~M/$M ~MW~F~//MF//M~//~M~F/////EM~ZMY~M~/~M/~M/M$M~KM fM~YM//~M//~MMM~/fMf/~M~M~/~Y~W/Z~YM/WM~MM~ ~WM//MMMdfMd//~Md//FMM~y/f~M//~#P~/MMMF~/WM~MM/MM ~MF~M~//WMFRMd//M~Md~//~Y~R/MMMF~/W~M~///~/M~XYMdM Section 17.3 A confidential or management employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60%) of his/her 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 months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shal] be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosfs and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one hundred and twenty (120) days of absence only upon submission of the report of physical examination by the treating phys~cian or medical practitioner. Exhibit 9~50 3 17.31 Deductible benefits include salary or other compensation paid by any employer; Horker'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. 17.32 Total disability: means an employee's complete inability to engage In his/her regular occupation. 17.35 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 17.4 In the event that any paid holiday occurs during a period when any confidential or management employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. Section 17.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 17.51 Illness of the employee or phystcal incapacity of the employee due to illness or injury. 17.52 Enforced quarantine of the employee in accordance wfth community health regulations. 17.53 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appointments shall require prior approval of the employee's supervisor and will be granted in accordance with the best interests of the City of Anahefm and the employee's department or division. 17.54 Temporary disabilities caused by pregnancy and childbirth. 17.55 Up to forty-eight (48) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. Section 17.6 A confidential or management employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. ~ Exhibit 90R-50 4 Section 17.7 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the employee's Executive Manager or Administrative Manager may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. Section 17.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such paid sick leave shall be calculated to the nearest one-half (1/2) hour. Section 17.g Effective December 19, 1980, accrued Sick Leave hours shall be entered in a new Sick Leave plan. 17.91 Regular full-time confidential and management employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable Sick Leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (754) to be reported as service credit at retirement; twenty-five percent (254) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. Employees who retire during calendar year 1984 or thereafter shall receive service credit for all hours up to one hundred seventy-five (175). 17.92 Regular full-time management employees wlth an average regular work week of fifty-six (56) hours shall have up to two hundred forty-five (245) hours credited to a usable Sick Leave account. The remainder (over 245 hours) shall be credited as follows: seventy-five percent (?54) to be used as servfce credlt at retirement; twenty-five percent (254) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as designated by Public Emptoyee's Retirement System records, if the employee dies while employed. Employees who retire in calendar year 1984 or thereafter shall recefve service credlt for all hours up to two hundred forty-five (245). Exhibit 90R-50 5 17.93 An employee in a: classification designated as confidential or management who has more than five (5) years of continuous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his/her Employee Sick Leave Trust Fund account. Nhen requested, such payments may be diverted to the employee's Deferred Compensation account, or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be ]ess than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. Section 17.10 If two or more periods of total disability occur during a specific six-month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 1?.101 All per~ods of total disability must be due to the same cause or causes; and 17.102 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 ANAHEIM Disability Plan and shall not require a new one month waiting period before ANAHEIM Disability Benefits will be paid; and 17.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. Section 17.11 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Rule17F/mmc Revised 04/14/88 Adopted effective April 29, 1988 - Resolution No. 88R-166