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TO:Honorable Mayor and Members of the City Council
ATTENTION:Jeffrey L. Stewart,City Manager
FROM:Susan Crumly,Human Resources and Risk Manager
SUBJECT:Consideration and possible action to adopt Resolution No.22-14 – A Resolution amending Personnel Rule No. 806.2(a) defining Family Medical Leave Act (FMLA)leave calculations.
DATE:April 11, 2022
EXECUTIVE SUMMARY
The proposed Resolution amends Personnel Rule No. 806.2(a) which governs the calculation of Family Medical Leave Act (“FMLA”) time periods.
RECOMMENDATION TO CITY COUNCIL
1)Adopt Resolution No.22-14;or
2)Alternatively, discuss and take other action related to these items.
BACKGROUND
The City Council adopted Resolution No.21-30 on April 26, 2021,which established new Personnel Rules. During collective bargaining, representatives from all of the City’s bargaining units requested a change to Rule No. 806.2 which defines the method for calculating time for FMLA leave.As set forth in the draft Resolution, the definition would be changed as follows:
FISCAL IMPACT
None.
ATTACHMENT
Resolution No. 22-14.......................................................................................................2 “12-Month Period” means a rolling 12-month
period measured forward from the date leave is
first taken and continuous with each additional
leave day taken. (29 CFR § 825.200(b)(4); 2 Cal.
Code Regs. § 11090(b).)”
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CITY OF BELLFLOWER
RESOLUTION NO. 22-14
A RESOLUTION AMENDING PERSONNEL RULE NO. 806.2(A) DEFINING
FAMILY MEDICAL LEAVE ACT (FMLA)LEAVE CALCULATIONS
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.The definition of “12-Month Period” in Personnel Rule No.806.2(a), as adopted by Resolution No. 21-30 on April 26, 2021,is amended to read as follows:
“12-Month Period” means a rolling 12-month period measured forward from the date leave is first taken and continuous with each additional leave day taken. (29 CFR § 825.200(b)(4); 2 Cal. Code Regs. § 11090(b).)” SECTION 2.This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before,this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 3.If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4.Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5.The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto SECTION 6.This Resolution will take effect immediately upon adoption. ///
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City of Bellflower
Resolution No. 22-14
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11TH DAY OF APRIL 2022.
________________________________
Ray Dunton Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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