Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCES
DATE: NOVEMBER 28, 2023
SUBJECT: PAID SICK LEAVE POLICY FOR TEMPORARY/PART-TIME AND FULL-
TIME/TEMPORARY EMPLOYEES
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution amending the paid sick leave policy for Temporary/Part-time and Full-Time/Temporary employees in accordance with Senate Bill 616.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8205 approving a paid sick leave policy pursuant to SB 616 for temporary/part-time and full-time/temporary employment status employees.
BACKGROUND
On September 10, 2014, the Governor signed into law the Healthy Workplaces, Healthy Families Act of 2014 which provides twenty-four (24) hours or three (3) days of paid sick leave for eligible employees beginning July 1, 2015.
On June 23, 2015, the City Council adopted a resolution establishing the City’s Paid Sick Leave benefits in accordance with the new law. The amount of paid sick leave offered under the City’s current policy needs to be increased for compliance with the new law, which is effective January 1, 2024.
ANALYSIS
On October 4, 2023, the Governor signed SB 616 into law which amends the Health Families Act of 2014. Under the new law, the current requirement to provide three (3) days (or 24 hours) of paid sick leave has been increased to five days (or 40 hours) of paid sick leave.
APPROVED BY
CITY MANAGER
PAID SICK LEAVE POLICY FOR TEMPORARY/PART-TIME AND FULL-TIME/TEMPORARY
EMPLOYEES
NOVEMBER 28, 2023
PAGE 2
2 The proposed resolution will amend the City’s current Paid Sick Leave policy to increase the amount of leave provided to comply with the new law. Under this new policy, the amount of paid sick leave available to most part-time employees will increase by 16 hours per fiscal year to the new total of 40 hours. Additionally, the section of the policy covering the eligible uses of paid sick leave has been updated to ensure compliance with all applicable legal requirements. The remaining provisions of the policy remain in accordance with the City’s existing Paid Sick Leave Policy.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
FISCAL IMPACT
Approval of the recommended action will result in an estimated expenditure of $87,000 for the additional paid sick leave hours to multiple departmental temporary staffing accounts as previously approved in the Fiscal Year (FY) 2023-2024 operating budget.
Sufficient funding is included in the FY 2023-24 budget for the recommended actions.
ATTACHMENTS
Attachment A: Resolution No. 23-8205
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A PAID SICK LEAVE POLICY PURSUANT TO AB 616 FOR TEMPORARY/PART-TIME AND FULL- TIME/TEMPORARY EMPLOYMENT STATUS EMPLOYEES.
WHEREAS, on June 23, 2015, the City Council adopted a resolution establishing the City’s Paid Sick Leave benefits for eligible employees in accordance with AB 1522, the Healthy Families Act of 2014; and
WHEREAS, AB 616 signed into law on October 4, 2023, amended the requirements of the Healthy Families Act of 2014; and
WHEREAS, for compliance with AB 616, the City of Downey revised the existing paid sick leave policy for temporary/part-time and full-time/temporary employment status employees who are not currently covered by an established collective bargaining agreement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. This resolution revises the existing Paid Sick Leave Policy for temporary/part-time and full-time/temporary employment status employees attached as Exhibit A, and by this reference, is hereby adopted.
SECTION 2. This resolution shall become effective January 1, 2024, and any conflicting provisions previously adopted are hereby rescinded.
SECTION 3. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED this 28th day of November 2023
____________________________
CLAUDIA M. FROMETA, Mayor
ATTEST:
____________________________________
ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
RESOLUTION NO.
PAGE 2
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 28th day of November 2023, by the following vote, to wit:
AYES: Council Members
NOES: Council Member
ABSENT: Council Member
ABSTAIN: Council Member
ALICIA DUARTE, CMC
City Clerk
EXHIBIT A
CITY OF DOWNEY
PAID SICK LEAVE POLICY
EFFECTIVE JANUARY 1, 2024
(TEMPORARY/PART-TIME & FULL-TIME/
TEMPORARY EMPLOYMENT STATUS EMPLOYEES)
This Policy applies only to temporary/part-time and full-time/temporary employment status employees of the City of Downey (hereafter referred to as “Employees”).
Eligibility for Upfront Paid Sick Leave
All eligible temporary/part-time employees shall receive Paid Sick Leave in an amount of whichever of the following is greater:
1) Forty (40) hours, or
2) Five (5) times the number of hours in a single regularly scheduled shift of the Employee
All full-time/temporary employment status Employees in the classification of Ambulance Operator shall receive Paid Sick Leave in the amount of whichever of the following is greater:
1) Forty (40) hours of paid sick leave, or
2) Five (5) times the number of hours in a single regularly scheduled shift.
Usage of Paid Sick Leave
Timing for Usage
Employees are eligible to request and use available Paid Sick Leave on the ninetieth (90th) calendar day of employment following their Date of Hire. Subsequently, employees shall be provided annual upfront Paid Sick Leave on the first date of the pay period that includes July 1st in the amount established under this Policy, at which time any previous balance of Paid Sick Leave will be zeroed out.
Eligible Use of Paid Sick Leave
Upon written or oral request, Employees may use Paid Sick Leave for the following purposes:
(1) Diagnosis, care, or treatment of an existing health condition, or preventive care for, an employee or an employee’s family member; (2) For an employee who is a victim of domestic violence, sexual assault, or stalking, to obtain or attempt to obtain any relief, including, without limitation, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child; to seek medical attention for injuries caused by crime or abuse; to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse; to obtain psychological counseling or mental health services related to an experience of crime or abuse; or to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; or (3) As otherwise permitted by applicable law.
EXHIBIT A
CITY OF DOWNEY PAID SICK LEAVE POLICY
EFFECTIVE JANUARY 1, 2024
PAGE 2
For purposes of this policy, “family member” means any of the following: (1) a child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; (2) a biological, adoptive, or foster parent, stepparent, 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) a spouse; (4) a registered domestic partner; (5) a grandparent; (6) a grandchild; (7) a sibling; and (8) a designated person. For purposes of this policy, a “designated person” means a person identified by the employee at the time the employee requests Paid Sick Leave, however, an employee shall be limited to one designated person per 12-month period for Paid Sick Leave.
Increments for Use of Paid Sick Leave
Paid Sick Leave shall be used in increments of no less than one (1) hour.
Notification of Use
If the need for Paid Sick Leave is foreseeable, an Employee shall provide reasonable advance notice to a supervisor, in writing or orally, of the Employee’s intent to use Paid Sick Leave. If the need for Paid Sick Leave is not foreseeable, an Employee shall provide notice for the need to use Paid Sick Leave as soon as practical.
Payment for Paid Sick Leave
Calculation of Paid Sick Leave
Paid Sick Leave shall be calculated at the Employee’s regular rate of pay during the week in which the employee uses the Paid Sick Leave.
Limitations on Use
Separation of Employment
Any remaining balance of unused Paid Sick Leave shall not be paid out to an Employee upon termination, resignation, retirement or other separation of employment. If an Employee separates from City of Downey employment and is rehired within 365 days, the Employee is entitled to the reinstatement of any previously earned and unused Paid Sick Leave.
Right to Modify
The City expressly reserves the right to periodically review and unilaterally modify the terms of this Policy without prior advance notice to Employees.