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12-11-2018 CC Rpt 19COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: DECEMBER 11, 2018 FROM: CITY MANAGER ITEM NO:19 SUBJECT:ADMINISTRATIVE POLICY 7.9 - PAID SICK LEAVE FOR AT-WILL PART- TIME, TEMPORARY AND SEASONAL EMPLOYEES RECOMMENDATION: Approve the addition of Administrative Policy 7.9; Paid Sick Leave for At-Will, Part-time, Temporary, and Seasonal Employees. BACKGROUND/ANALYSIS: Effective July 1, 2015, California Assembly Bill 522, also known as the Healthy Workplaces/Healthy Families Act of 2014, required employers to provide paid sick leave for at-will, part-time, temporary, and seasonal employees. Employees covered by this act are entitled to 24 hours of paid sick leave per year. Employees may begin using accrued sick leave on the 90th day of employment and may use the leave for themselves or a family member. An employee can accrue a maximum of 48 hours of accrued sick leave that may be carried over from year to year, thereby providing a cushion for those times when illness is a more frequent event. Once an employee hits this accrual cap, they will not accrue any additional paid sick leave until they fall below the accrual cap. The City is not required to pay out accrued, unused paid sick leave hours upon separation. However, if an employee is rehired within one year, previously accrued and unused paid sick hours will be reinstated. City Staff consulted with labor attorneys from Liebert Cassidy Whitmore to review the provisions of Assembly Bill 522 and developed a program that is in compliance with the law. The City implemented this paid sick leave program for at-will part-time, temporary, and seasonal employees when the law was originally enacted. Human Resources staff advises affected staff of this benefit when hired and works with Payroll staff to ensure the paid sick leave is implemented for eligible employees. This Administrative Policy formally adopts this program and establishes staff's responsibility to abide by the policy's provisions. ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.; "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)). 150/296 FISCAL IMPACT: None. Respectfully Submitted,Recommended By: Attachments Administrative Policy 151/296 Revised: 12/11/18 1 of 3 Personnel Section 7.9 CITY OF CHINO HILLS ADMINISTRATIVE POLICY GUIDELINES PAID SICK LEAVE FOR AT-WILL PART-TIME,Date Adopted: 12/11/18 TEMPORARY, AND SEASONAL EMPLOYEES Section: 7.9 ONLY 1. PURPOSE To establish a paid sick leave policy that applies to at-will part-time, temporary, and seasonal employees only. 2. RESPONSIBILITY The Paid Sick Leave Policy for At-Will Part-Time, Temporary, and Seasonal Employees is administered by the Human Resources Division. All City employees are responsible for understanding and abiding by the provisions of this Policy. 3. POLICY Effective July 1, 2015, California’s Paid Sick Leave Law, AB 1522, requires the City of Chino Hills to provide paid sick leave to at-will part-time, temporary, and seasonal employees using the following guidelines: 3.1 GENERAL 3.1.A. For purposes of this Policy, “employees” means any at-will part-time, temporary, and seasonal employees. 3.1.B. The City of Chino Hills will provide each employee with 24 hours of paid sick leave on July 1, 2015, or their first employment date if after July 1, 2015, and each successive 12-month period. An employee is not eligible to begin using any accrued paid sick leave until the 90th day of employment with the City. 3.1.C. In accordance with California’s Paid Sick Leave Law, an employee may use up to 24 hours accrued paid sick leave in a 12-month period for one of the following reasons: 152/296 ADMINISTRATIVE POLICY SUBJECT: PAID SICK LEAVE FOR AT-WILL PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ONLY Section 7.9 Revised: 12/11/18 2 of 3 Personnel Section 7.9 3.1.C.1. For the employee’s own diagnosis, care or treatment of an existing health condition or preventative care. 3.1.C.2. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including: 3.1.C.2.a. Child (including a biological, adopted, or foster child, step child, legal ward, or a child to whom the employee stands in loco parentis). 3.1.C.2.b. Spouse or Registered Domestic Partner. 3.1.C.2.c. Parent (including biological, adoptive, or foster parent, step parent or legal guardian of an employee or the employee’s spouse or Registered Domestic Partner, or a person who stood in loco parentis when the employee was a minor child). 3.1.C.2.d. Grandparent. 3.1.C.2.e. Grandchild. 3.1.C.2.f. Sibling. 3.1.C.3. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: 3.1.C.3.a. A temporary restraining order or restraining order. 3.1.C.3.b. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. 3.1.C.3.c. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. 3.1.C.3.d. To obtain services from a domestic violence shelter, program, or rape crisis center as aresult of domestic violence, sexual assault, or stalking. 3.1.C.3.e. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. 3.1.C.3.f. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 153/296 ADMINISTRATIVE POLICY SUBJECT: PAID SICK LEAVE FOR AT-WILL PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ONLY Section 7.9 Revised: 12/11/18 3 of 3 Personnel Section 7.9 3.2 SICK LEAVE USE 3.2.A. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable. If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as it is practicable. 3.2.B. An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave. 3.2.C. Paid sick leave shall not be taken as vacation or personal leave. 3.2.D. Paid sick leave will not be considered hours worked for purposes of overtime calculation. 3.2.E. Paid sick leave may not be used to extend an employee’s separation date. 3.3 ACCRUED PAID SICK LEAVE 3.3.A. Unused sick leave shall be accrued to a maximum total not to exceed 48 hours. Absence or illness may not be charged to sick leave if not already accumulated. 3.3.B. Paid sick leave is not payable to the employee upon separation from employment. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. 3.3.C. If an employee separates from City employment and is rehired by the City within one year of the date of separation, previously accrued and unused sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periodsof employment with the City before any paid sick leave can be used. 3.3.D. Part time employees must stay compliant with the maximum hours of 29 or less per week, even when taking paid sick leave hours. 154/296