RESOLUTION NO. 20240-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, RELATING
TO PAY FOR NON -REGULAR EMPLOYEES AND
REPLACING RESOLUTION NO. 202019-10473
THE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY
RESOLVES AS FOLLOWS:
Section 1: Non-Regular Appointments
Each person employed in a classification liste d in Appendix A or to a regular classification on a temporary, hourly basis shall be a non regular employee. Such employees are at -will (without vested property rights and subject to termination without cause) and shall work on a part -time, temporary, seasonal, on -call, emergency, intermittent, substitute or other irregular basis.
Section 2: Non-Regular Appointments to Regular Classifications
The hourly compensation for aAn non-regular employee appointed to a regular classification on a temporary, hourly basis shall be a non -regular employee. The hourly compensation for such appointments shall be set in accordance withto the City Council approved salary range for the classification as set forth in the City of Fullerton Schedule of Base Salary Rates and Allocation of Classes to Salary Ranges.
Section 23: Overtime Pay
(A) Fair Labor Standards Act (FLSA) - Non-Exempt Employees
With the exception of Except for those described in paragraph ( CB), non - regular employees are covered by the Fair Labor Standards Act (FLSA).
Non-exempt non-regular employees shall receive overtime pay in accordance with the FLSA for all hours actually worked in excess of 40 hours in a seven (7)-day work period.
(B) Work Period
The FLSA work period for non-regular employees not on a 9/80 1 schedule shall
1 Employees on a 9/80 work schedule work 80 hours over nine workdays during a two-week period. The schedule typically consists of eight nine-hours days, one eight-hour day and one day off. The day off is Resolution 20240-XX
be seven (7) days in length commencing at 12:01 a.m. each Saturday. For non-regular employees on a 9/80 schedule, the work period shall be seven (7) days in length commencing at the end of the fourth (4 th) hour of the shift on their alternate day. For example, a non-regular employee working Monday to Thursday from 7:00 a.m. to 5:00 p.m. and 7:30 a.m. to 4:30 p.m. on alternate Fridays, the seven (7)-day work period shall begin at 11:31 a.m. each Friday.
(B)(C) FLSA- Exempt Employees
Any non-regular employee person employed by the Parks and Recreation Department to work only in recreation programs which operate no more than seven consecutive months in any calendar year, and any person employed in a professional, administrative or management capacity as defined within the FLSA is not covered by the FLSA and therefore exempt from it.
(C)(D) If the FLSA is invalidated, set aside or otherwise held inapplicable to local governments, this Section shall not apply.
Section 34: Special Event Pay
Any non-regular employeeperson assigned to work either:
a. the City sponsored Fourth of July celebration or First Night celebration ; , or
b. required to work on the days of the Fourth of July or First Night events staffing City facilities rented for private events
shall be entitled to receive theirhis/her regular compensation at a rate of one and one halfone- and one-half (1 ½) time their base hourly rate for any hours worked on the days of the events. This compensation is limited to only the days of the City sponsored Fourth of July and the First Night events.
Section 45: Emergency Pay
Effective July 1, 2018, Aany non-regular employee required to work a shift that includes a least two (2) full hours between the hours of 12:00 a.m. and 6:00 a.m. on a single day or that extends for a period of more than 12 consecutive hours in an emergency situation to ensure the continuance of City business may be granted compensation at a rate of one - and one-half (1 ½) time their base ho urly rate for all or a portion of such hours. Such Emergency Pay compensation requires written City Manager authorization.
Section 56: BenefitsCalifornia Public Employees’ Retirement System (CalPERS) and Federal Insurance Contribution Act (FICA)
the same as the eight-hour day of the alternate week and is referred to as the alternate day.
Resolution 20240-XX
Replacement Plan
Any non-regular employee person employed in a classification listed in Appendix A - Group A is excluded from membership in the California Public Employees’ Retirement System (CalPERS) in accordance with the contract between the City of Fullerton and CalPERS. Such non-regular employees shall be enrolled in the City's Federal Insurance Contribution Act (FICA) replacement plan. .
Any non-regular employee person employed in a classificati on listed in Appendix A - Group B or in a regular classification as a non -regular employee shall be enrolled in the City's FICA replacement plan unless or until they he or she qualifyies for membership and are required to enroll in CalPERS and is required to enroll in the CalPERS retirement . Enrollment in the FICA replacement plan shall cease when CalPERS enrollment becomes effective.
Non-regular employees enrolled in the FICA replacement plan shall contribute
3.75% of earnings in accordance wit h Resolution No. 8266. Matching City contributions will also be deposited in the employee’s deferred compensation account.
Non-regular e Employees who qualify for membership in CalPERS and are not “new members” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) shall contribute the normal member rate of seven percent (7%) of total compensation earnable (as defined in Government Code §20636) toward their retirement benefit. Such non-regular employees shall contribute an additional 1.9585.696% of compensation earnable , either through an applicable “cost sharing” provision in the contract between the City and CalPERS, a contribution to a Section 115 Trust established for payment of future CalPERS liabilities, or a combination of “cost sharing” and a Section 115 plan contribution with the maximum possible portion of the 5.696% to be paid through the “cost sharing” provision until such time that “cost sharing” is eliminated.
Non-regular employees who qualify for membership in CalPERS and are “new members” as defined by PEPRA shall contribut e an amount stipulated by Cal PERS of total compensation earnable toward their retirement benefit.
Section 67: Sick Leave
In accordance with the Healthy Workplaces, Healthy Families Act of 2014, California Labor Code Sections 245 through 249, non-regular employees covered by this resolution shall be eligible for paid sick leave hours subject to the following terms:
a. The City shall establish for each non-regular employee a bank of paid sick leave hours for use subject to the terms specified in subsections b. through lk. below.
Resolution 20240-XX
b. A bank shall be established for a non-regular employee as follows:
i. Upon initial hire, the sick leave bank shall be established within 30thirty calendar days of the hire date.
ii. For a non-regular employee rehired after July 1, 20152015, with a period greater than twelve 12 months since separation from the City, the sick leave bank shall be established within 30thirty calendar days of the rehire date.
i.iii. For a non-regular employee rehired by the City after July 1, 20152015, with a break in service of less than 12twelve months, the bank of sick leave hours shall be established upon rehire in accordance with subsection lk. below.
c. A non-regular employee shall be eligible to use hours within theirhis/her sick leave bank in accordance with the following:
i. Upon initial hire, a non-regular employee shall be eligible to use hours from theirhis/her bank after the 90th calendar day following theirhis/her date of hire.
ii. For a non-regular employee rehired after July 1, 20152015, with a period greater than 12twelve months since separation from the City, the non-regular employee shall be eligible to use hours from theirhis/her bank after the 90 th calendar day following theirhis/her date of rehire.
i.iii. For an non-regular employee rehired by the City after July 1, 2015 with a break in service of less than 12twelve months, the non-regular employee shall be eligible to use hours from theirhis/her bank immediately if they he/she met the 90 calendar day waiting period during theirhis/her previous employment with the City or after the 90th calendar day following theirhis/her date of rehire if theyhe/she did not previously fulfill the 90 calendar day waiting period.
d. Upon initial establishment, a non-regular employee's sick leave bank shall be credited with either 4024 hours or five (5) three times their employee's regularly scheduled daily work shift, whichever is greater. For a non-regular employee with regular work shifts of varying length, the sick leave bank shall be established using the length of the longest regularly scheduled work shift. To the extent possible, scheduled work shifts shall be of equivalent lengths.
Non-regular employees who were provided sick leave hours between July 1, Resolution 20240-XX
2023, and December 31, 2023, will be provided an additional 16 hours of sick leave or two (2) times their regularly scheduled daily work shift, whichever is greater, retroactive to January 1, 2024.
d.e. After the 90 day waiting period described in subsection c. above and upon written or verbal request to their supervisor, a non-regular employee may utilize paid sick leave hours within theirhis/her leave bank for the purpose of diagnosis, care, or treatment of an existing health condition of, or preventive care for, the mselves employee or the ir employee's family member as defined in Labor Code Section 245.5 or if the y employee areis a victim of domestic violence, sexual assault, or stalking, for the purposes described in subdivision (c) of Labor Code Section 230 and subdivision (a) of Labor Code Section 230.1.
e.f. The number of sick leave hours a non-regular employee may request for use during a scheduled work shift may not exceed the number of hours he/she was scheduled during the shi ft for which a request is made. For example, a non-regular employee scheduled to work a four hourfour (4)- hour shift who requests sick leave for the day, may use no more than four (4) hours of sick leave for the day.
f.g. A non-regular employee absent during a scheduled work shift for reasons for which paid sick leave may be used , shall use available paid sick leave hours to cover all scheduled hours not worked to the extent hours are available. The minimum increment for use of sick leave is two hours.
g. An employee who is not scheduled to work any hours during a two -week payroll period established by the City of Fullerton shall be considered to be in inactive status for the purposes of this section. An employee on inactive status shall not be eligible to use paid sick leave during the pay period or pay periods he/she is on inactive status
h. Each fiscal year, effective the pay period during which July 1 falls, a non- regular employee's sick leave bank shall be reset to the appropriate limit determined in subsection d. above . Unused sick leave hours will not carryover from one fiscal year to the next.
i. Prior to resuming work after taking three (3) or more consecutive shifts of sick leave, a non-regular employee shall submit a physician’s written certification of the medical necessity for their absence from work and a written release stating that they are able to perform their normal or modified job duties.
If the absence of three (3) or more consecutive shifts is for family illness, the non-regular employee shall submit certification from the family member’s attending physician of the medical condition during the length of absence for Resolution 20240-XX
which paid leave is requested. The physician’s certification shall verify that the family member had an illness, injury or medical procedure during the period of time for which paid leave is requested. However, the certification shall not be required to include a diagnosis or description of injury or treatment.
h.j. A non-regular employee who has worked for the City for at least 12 months and has at least 1,250 hours of service for the City dur ing the 12 -month period immediately preceding the sick leave is eligible for provisions of the Family Medical Leave Act (FMLA).
i.k. Unused hours remaining in a non-regular employee's leave bank at the time of separation from the City shall have no cash value to the employee.
j.l. If a non-regular employee who has qualified for use of theirhis/her sick leave bank under subsection c. above separates from employment with the City of Fullerton and subsequently is rehired within one (1) year of their his/her separation date, their his/her sick leave bank shall be reestablished with the balance of hours remaining in their his/her bank upon separation, if the reinstatement occurs in the same fiscal year as the non-regular employee's separation date. If the rehire date is less than one (1) year from his/hertheir separation date but falls within a new fiscal year, their his/her sick leave bank will be reinstated with the full fiscal year's value of sick leave as determined in subsection d. above.
Section 78: Bereavement Leave
This program shall provide that a non-regular employee be permitted an absence with pay for the lesser of three (3) shifts or 18 hours following the death of an immediate family member. Such time shall be paid at the non-regular employee’s regular base hourly rate and shall not be charged to sick leave.
The definition of “immediate family” for the purposes of bereavement leave shall include the non-regular employee’s spouse, parents, children, stepchildren, brother, sister, mother -in-law, father -in-law, grandparent, grandchild, stepparent, legal guardian and others as required by law.
Section 89: Medical Insurance - Eligibility and Non-regular Employee Contributions
Any non-regular employee person employed in a classification listed in Appendix A - Group A or Group B, or in a r egular classification as a non -regular employee who meets the definition of "full-time employee" under the Federal Patient Protection and Affordable Care Act (ACA) shall be eligible for enrollment in the City sponsored medical plan designed to meet the requirements of the ACA. The plan shall be referred to as the ACA Minimum Value Plan.
Resolution 20240-XX
Under the ACA, a full -time employee is defined as anyone who works an average of 30 hours or more per week within a 12 -month period or is expected to work at least 30 hours per week upon initial appointment.
To determine full time status, the City shall use the look back measurement period for non-regular employees who have been employed for the prior November to October period each year as follows:
Standard Measurement
Period: November 1 through October 31
Administrative Period: November 1 through December 31
Stability Period: January 1 through December 31
For all other non -regular employees, the City shall use the look back measurement period in accordance with the following rules:
Initial Measurement
Period:
Twelve months (beginning on the first of the month
following the
start date, unless the start date is the first of a
calendar month in which case the period will start on
that date)
Administrative Period: 60 calendar days (beginning the first of the month following the end of the Initial Measurement Period)
Stability Period:
Twelve months following the administrative period
unless the new variable hour employee does not
measure as being a full- time employee during the
Initial Measurement Period, then the Stability Period
associated with the Initial measurement Period must
not exceed the remainder of the Standard
Measurement
Period (plus any associated Administrative Period)
Upon hire of a non-regular employee, the employing Department will determine whether the employee will be assigned a full-time work schedule as defined by the ACA. Under the ACA, a full -time employee is defined as anyone who works an average of 30 hours or more per week within a 12-month period or is expected to work at least 30 hours per week upon initial appointment. If the non-regular employee is expected to be a full-time employee as defined by the ACA, the City shall offer the ACA Minimum Value Plan within sixty (60) days of appointment . For non-regular Resolution 20240-XX
employees who are not assigned full time work schedules, eligibility determination for the ACA Minimum Value Plan will be based on an analysis of the appropriate look back measurement periods described above.
All non-regular employees will be measured over two (2) periods: during the 12-month period beginning on the first day of the month following the date of initial employment and then again during the standard measurement period. The initial measurement period and the standard measurement period will be applied to all non- regular employees.
A non -regular employee's health benefit eligibility status may change each year if they do not meet the minimum requirement of working 30 or more hours per week as defined by the ACA.
Non-regular e Employee premium contributions for eligible non-regular employees shall be set annually utilizing the "federal poverty line safe harbor" (FPL) method. Under this method, the non-regular employee's required contribution for a calendar month for non-regular employee-only coverage shall be set at the nearest whole dollar less than the applicable FPL maximum contribution. Eligible non-regular employees may choose to enroll eligible dependents on the plan at the non-regular employee's own cost.
Section 910: Cancellation
This Resolution supersedes Resolution N o . 202019-10473. Provisions of the Resolution are effective June 22December 26, 20240 unless otherwise stated.
ADOPTED BY THE FULLERTON CITY COUNCIL on June 18November 17, 20240.
__________________________
Mayor
ATTEST:
_____________________________
Lucinda Williams, City Clerk
Resolution 20240-XX
Date