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4. Complaint Investigation. The formal investigation and written investigation report shall include the following elements:
a) Review and evaluation of the activities and circumstances alleged to be EEO violations;
b) Review and evaluation of the applicable policies, practices, and procedures;
c) Review and evaluation of the participants' roles, responsibilities and activities in relationship to the alleged violations;
d) Review and evaluation of other relevant documentation that may include personnel files, disciplinary, performance, payroll or related records; e) Assessment of the extent to which allegations are supported by the evidence;
f) Identification of corrective, preventative and other appropriate measures recommended to resolve the problem (including roles, responsibilities, timetables and other relevant considerations).
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Appendix C
CITY OF BERKELEY
ADMINISTRATIVE REGULATIONS
A.R. NUMBER: 2.4
EFFECTIVE DATE: August 17, 1994
REVISED DATE: June 5, 1995
PURPOSE:
To set forth policy and procedure for the implementation and administration of Family Care Leave as required by the Federal Family and Medical Leave Act, and the California Family Rights Act, and to incorporate the separate City of Berkeley Parental Leave Policy under a comprehensive Family Care Leave program.
POLICY:
It is the policy of the City to extend the full benefits of family care leave to any permanent career employee who has a minimum of one (1) year career service with the City of Berkeley, and limited benefits to qualified temporary employees as defined herein.
Employees eligible for parental leave shall be entitled to a maximum of one (1) year of leave for the birth or adoption of a child who is five (5) years of age of younger. Employees eligible for family care leave under state and federal law are eligible for twelve (12) weeks of leave for the birth or adoption of a child or for the placement of a child with the employee for foster care, to care for a family member with a serious health condition, or to care for the employee's own serious health condition. Leaves under this provision may not be combined to yield a larger amount of leave than the stated maximums. Time away from work on parental leave shall be deducted from the amount permitted for medical leave, and time away from work on medical leave shall be deducted from the amount permitted for parental leave.
PROCEDURE:
Parental Leave
There are two types of parental leave described in this regulation. The first kind of parental leave is a one-year parental leave policy provided by the City of Berkeley's personnel rules and regulations. Not all City employees will qualify for this benefit. The second kind of parental leave is a twelve-week parental leave required by state and federal law which respectively are called the California Family Rights Act and the Family and Medical Leave Act of 1993. Some employees who do not qualify for the City's one- year parental leave policy may qualify under state and federal law for the twelve-week parental leave.
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A. City of Berkeley Personnel Rules
1. Any employee with one (1) or more years of benefited employment with the City of Berkeley shall be entitled to up to one (1) year of parental leave as provided in the City's personnel rules as follows:
a. The birth of a child of the employee, or the adoption of a child who is five (5) years of age or younger by the employee.
b. Leave for the birth or adoption of a child must commence no later than thirteen (13) months from the date of birth or adoption and must conclude no later than twenty-five (25) months from the date of birth or adoption.
Leave may begin before the date of birth or adoption upon presentation of medical certification of pregnancy, or the presentation of legal evidence of adoption. Leave may be taken intermittently upon mutual agreement between the employee and the department director.
c. Employees exercising their rights under this provision must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of parental leave.
d. At the employee's option, the employee may be placed on authorized leave without pay or may be compensated during parental leave with his / hertheir accumulated sick leave (up to a maximum of two hundred (200) days), and all other accrued leaves. Such accrued leave balances will be paid in the same manner as if the employee were absent due to illness or on vacation during the leave. Upon exhausting all employee designated leave balances, the employee will be on unpaid status for the remainder of the leave.
e. During approved parental leave, after all accrued leaves are exhausted, the City will maintain life and health insurance coverage for the duration of the parental leave subject to any regular participation requirement of the employee.
f. In the event both parents are employed by the City of Berkeley, both employees may take parental leave simultaneously if eligible. g. Approved parental leave shall not be deducted from the employee's seniority service date.
B. State and Federal Law
1. Employees who are not eligible for the one-year parental leave benefit under the City of Berkeley's personnel rules may still qualify for up to twelve (12) weeks of parental leave in a twelve-month period under state and federal law. In addition,
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while the City of Berkeley's one-year parental leave policy does not cover placement of a child with the employee for foster care, the state and federal law does provide leave for foster care. In order to qualify for parental leave under federal and state law, employees must have at least one (1) year of continuous service with the City and also have worked at least 1,250 hours in the twelve (12) months preceding the leave. This includes non-career hourly employees. Eligible employees may be entitled to a leave of absence of up to a maximum of twelve (12) weeks in a twelve-month period as follows:
a. Upon the birth of the employee's child, the adoption of a child by the employee or placement of a child with the employee for foster care; b. Leave may begin before the date of birth, adoption or foster care upon presentation of medical certification of pregnancy, the presentation of legal evidence of adoption, or presentation of documentation requiring state action for foster care. Leave may be taken intermittently upon mutual agreement between the employee and the department director, but under no condition may intermittent leave extend the period of parental leave beyond the one (1) year period in which the maximum twelve (12) weeks of leave is permitted to be taken under state and federal law.
c. Employees exercising their rights to parental leave under state and federal law must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of parental leave.
If the need is such that 30 days' notice cannot be provided, the request must be made as soon as possible.
d. All parental leaves of absence under federal and state law are unpaid unless an employee has accrued leave. All accrued sick leave, vacation leave, compensatory leave, and/or administrative leave must be used before being placed on leave without pay.
e. During an approved parental leave under federal and state law, the City will maintain life and health insurance coverage for the duration of the twelve- week parental leave subject to any regular participation requirement of the employee.
f. In the event both parents are employed by the City of Berkeley, both employees may take parental leave simultaneously if eligible.
g. Approved parental leave shall not be deducted from the employee's seniority service date.
Medical Leave
1. Eligible employees shall be granted medical leave as follows:
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a. Up to twelve (12) weeks of leave in a twelve-month period to care for a family member with a serious health condition, or to care for the employee's own serious health condition that prevents the employee from performing his / hertheir job.
b. For the purposes of this provision, a family member is defined as a biological child, adopted or foster child, stepchild, legal ward of an employee, biological parent, step-parent, adoptive parent, legal guardian, grandchild or grandparent in families where no parents are present, spouse or domestic partner. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition requiring either inpatient treatment at a hospital, hospice, or residential care facility or continuing treatment by a health care provider that prevents the employee from performing his / hertheir job.
c. Employees exercising their rights under this provision must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of medical leave. If the leave is unforeseen, the employee shall provide the department director written notice of leave as soon as is practicable. When medically necessary, leave may be taken intermittently or on a reduced work week schedule, however the employee must schedule the leave so as not to unduly disrupt the department director operations. The City may transfer an employee to another position which would better accommodate the requirements of the City's operations.
d. At the commencement of medical leave, the employee must first use accrued sick leave, and then must use all other accrued leaves. Employees may not use greater than twelve (12) days of their sick leave to care for a family member. Such accrued leave balances will be paid in the same manner as if the employee were absent due to illness or on vacation during the leave. Upon exhausting all leave balances, the employee will be on unpaid status for the remainder of the leave.
e. During approved medical leave, after all applicable leaves are exhausted, the City will maintain life and health insurance coverage for the duration of the leave subject to any regular participation requirement of the employee.
f. The foregoing leave shall be granted upon medical certification that the employee has a serious health condition, or the employee is needed to care for a family member suffering from a serious health condition. Additional medical opinions may be required (at the City's expense) and a fitness for duty report to return to work.
g. Approved medical leave shall not be deducted from the employee's seniority service date.
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2. Non-career hourly employees shall be eligible for up to twelve (12) weeks of medical leave if they have a minimum of one (1) year of service and have worked at least 1,250 hours during the previous twelve (12) months.
Implementation of Family Care Leave
1. Employees requesting family care leave must submit completed Request For Family Care Leave form (designating either parental or medical leave), or if leave is unforeseen, call their supervisor to obtain the form.
a. If parental leave is requested, employee must provide medical certification of pregnancy, legal evidence of adoption, or evidence of State authorized foster care.
b. If medical leave is requested to care for the employee's own serious health condition, the department shall require the employee to submit the City of Berkeley Medical Certification form completed by the employee's personal physician.
c. If medical leave is requested to care for a family member, the employee must submit City of Berkeley Medical Certification form indicating that the employee is needed to provide care for family member.
3. Employees may only be granted intermittent parental leave upon mutual agreement between the employee and the Department / City.
4. Intermittent leave must be granted for medical leave to care for the employee's own serious health condition provided the employee schedules leave so as not to unduly disrupt the department's operational needs.
5. Upon receiving documented leave requests, the departmental payroll clerk will conduct an audit of the employee's file and time cards for previous 12 months to confirm that the employee is eligible for family care leave, and to determine amount of leave employee can use.
6. Upon verification of employee eligibility, ACM / Department Director will approve family care leave for a specific time period and forward the leave application to Human Resources Director and City Manager for authorization.
7. The department will prepare the necessary payroll forms and employee transaction form to document the family care leave, and to ensure that the employee receives compensation, if applicable, and that all paid leaves are exhausted, as appropriate, prior to placing the employee on leave without pay.
Appendix D
Side Letter: Resolution of Pending Unfair Labor Practice Charges and Grievances
Within 30 days of ratification by the Union and approval by City Council, career full-time employees (which for the purposes of this Section only shall include career employees who regularly work 30 or more hours per week) will be paid a one-time lump-sum of four hundred dollars ($400) to resolve all pending Unfair Labor Practice charges and group grievances filed by the Union. All such Unfair Labor Practice charges and grievances will be held in abeyance until the time of payment, and the Union will withdraw all such charges and grievances within 10 days after payment. This agreement shall not apply to the pending grievance entitled Benefits for Part Time Workers filed on August 26, 2023.
City of Berlceley and SEIU 1021
Maintenance and Clerie,I·Chapt rs
n,.p
Community SeM and P rt Tlme ecre tion Le uiers Association
TENTATIVE AGREEMENT
JULY 2020
ment Ott the fol "' mms.:
A. ProvlsloNI Empayee
end MC SMtfoo 1.3.4 o nclude following:
ths. r
8. "1!itNRHP911ill'
C. LMncW.
e
'
ch
O. l rmOu do
les Ing011JU'fle 26, 2021..
E. Add lonal t.M,p;ilpon Layoff's for1tle Tenn of MOU
no less than $19.
$19.33,
t "'" piy penod
urtv
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e
ltlon City contr but s me
conr wit'1SEIU on th increilSes.
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·-·-· - .
federal or grant funding hasbeen reduced or eliminated and would require the City to backfill such positions. Allother MOUprovisions on Layoffs remain unchanged.
F. COVI019 R1latad Proposals
1. Addition.al CityEmerpncyPaid Skk LHve Allocation. NEW LANGUAGE: The City shall provide an additional80hours of emergency paid sick leave to be used for COVID-19 related reasonsas listedin theEmergency Paid Sick Leave Act. Part-time employees receive a prorated number of hours. In order to use this additional Cityemergency paid sick leave, the employeemust first exhaust all hours thattheyreceived under the Emergency PaidSick Leave Act. The City willuse a specific payrode for this additional emergency paid sick leave and these additional hours will be available untilJune 30,2021. These additional 80 emergency paid sick leave hoursshallhave no cash value and may not be used towards any CalPERS retirement service credit asoutline in section 43.7.5 of the Maintenance and Clerical MOU and 47.8.S of the Community Services MOU.
2. Additional Roatin1Holidays. NEW LANGUAGE: For employees who were required to remainIn the workplace from March 17,2020-June 1, 2020, the City willprovide 8 hoursof floating holidays for every 40hoursof regularly scheduled hours worked in the wori<place up to a maximum of 32hoursof floatingholiday. The City willcredit these floating holiday hours in the first full pay period after adoption of the MOU. The following classifications which, due to the nature of the assignment, require backfill, employees will be paid a stipend in the amount of the earned floating holiday hours up to a maximum of 32 hours the first fullpayperiodin August 2020:
Solid Waste Drivers, SolidWaste Workers, LongHaul Drivers, Community Services Officer, Public Safety Dispatchers1/11, and Supervising Public Safety Dispatchers.
City willuse a specific pay code for theseadditional floating holiday hours willbeavailable untilJune 30, 2021. These additional 32hoursof floating holiday shallhave no cash value and may not be usedtowards CalPERS retirement service credit asoutlined in section 43.7.5 of the Maintenance andClerical MOU and 47.8.Sof the Community Services MOU.
Date: I· / · 2..0Q.{)
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