Agenda Item C.3
DISCUSSION/ACTION ITEM
Meeting Date: October 17, 2023
TO: Mayor and Councilmembers
FROM: Kristine Schmidt, Assistant City Manager
SUBJECT: Approve a Supplemental Paid Pregnancy Disability and Parental Bonding Leave Policies
RECOMMENDATION:
Adopt Resolution No. 23-__ entitled, “A Resolution Of The City Council Of The City Of Goleta, California, Authorizing The City Manager To Amend The Memoranda Of Understanding With S EIU, Local 620, And The City’s Personnel Rules To Provide Supplemental Paid Pregnancy Disability Leave And Supplemental Paid Parental Bonding Leave.”
BACKGROUND:
Employee leaves of absence rights in California are very complicated. What follows is a simplified summary of parental leave rights.
Job Protections:
City employees who are “birthing parents” (a term used instead of “women” or “mother” as respectful of gen der diversity and to recognize that many mothers do not physically give birth) are eligible under state law for up to four months of pregnancy disability leave (PDL) for the period during which they are medically disabled 1,2. This runs concurrently with federal Family Medical Leave Act (FMLA) leave covering both the period of pregnancy disability and additional child bonding time after the disability period, for a combined total of up to 12 weeks of leave for eligible 3 employees. California , through the California Family Rights Act (CFRA), extends the available bonding period to a full 12 weeks following the pregnancy disability period. So, an employee’s job is protected 4 1 This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor -ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.
2 According to the State of CA Employment Development Department, this disability period is typically 4 weeks before the expected due date and 6 weeks after for a vaginal birth or 8 weeks after for a cesarean section, so a total of 10-12 weeks for an uncomplicated pregnancy. 3 To be eligible for FMLA or CFRA leave, an employee must have more than 12 months of service with their employer, have worked at least 1,250 hours in the 12-month period before the date they want to begin their leave. State PDL does not have this service requirement. 4 Employees returning to work after taking PDL/FMLA/CFRA leave are entitled to their same or a comparable position and have other job protections.
1 Meeting Date: October 17, 2023
for the pregnancy disability period (typically 10 -12 weeks) plus up to 12 weeks of parental bonding time.
Employees who are not “birthing parents” are eligible for up to 12 weeks of protected (FMLA/CFRA) leave to bond with a new child (by birth, adoption, or foster placement) .
California recognizes the importance of gender equity in parental bonding, as well as the importance of bonding to the relationship with adopted and foster children.
It should be noted that this assumes an employee has not already used their annual FMLA/CFRA allowance for other eligible reasons, such as to care for a family member with a serious health condition.
Income Replacement & Benefit Continuation
The protected leaves discussed above are unpaid. However, there are several separate mechanisms employees may have available for full or partial income replacement and benefit continuation during pregnancy and parental leave.
Unlike the private sector, public employees are not required to participate in employee - paid California State Disability (SDI) or Paid Family Leave (PFL) programs, however most of the City of Goleta’s bargaining units have elected to do so. An employee in a bargaining unit that participates in the state SDI/PDL program is eligible to apply to the state for benefits to cover a portion of lost income 5,6 after a one -week waiting period .
Partial w age replacement is available for birthing parents for the duration of the pregnancy disability period , and for both birthing and non -birthing parents for up to 8 weeks for parental bonding. The amount the employee receives is personalized based on a lookback to their earnings during an identified base calendar quarter, but in general our full and part -time employees could expect about 60% of their earnings to be covered, up to a maximum weekly benefit of $1,540. Employees may supplement this SDI/PFL benefit with their own sick leave banks (during the pregnancy disability period only) and with vacation and other personal leave banks (during both the disability period and the parental bonding period) to make up 100% income replacement , as long as their accrued paid leave banks last . A fter exhaustion of state SDI/PFL benefits and leave banks, they will be on unpaid leave for the duration of the leave 7. (See Attachments 1 and 2 for more information about SDI and PFL.)
Employees who are not in a bargaining unit that participates in SDI/PFL must cover their full leave with any available accrued leave banks, after which the leave will be unpaid.
5 The General, Miscellaneous, and Confidential units participate in SDI/PFL. Employees pay 0.9% of wages, up to the 2023 maximum of $153,164 in wages. The rate is expected to increase to 1.1% in 2024.
Management and hourly employees do not participate in SDI/PFL. 6 Eligibility for SDI/PFL for employees in eligible bargaining units is based upon how much an employee earned during the 5-18 months prior to leave with any covered employer, so some employees who are newer to covered employment may not yet be eligible by the time they take leave. 7 In the unlikely event that an employee is disabled by pregnancy for longer than 90 days, all City employees have a long-term disability policy, paid for by the City, that would kick in to provide additional benefits.
2 Meeting Date: October 17, 2023
An employee remains eligi ble for continued coverage under the City’s health insurance plans while on leave. However, t he City’s financial contribution to medical insurance premiums is only required to continue for the longer of the pregnancy disability period (as required for PDL) or the first 12 weeks of combined pregnancy and parental leave (as required for FMLA). Full or partial health City-paid benefit contributions may continue after that, but only so long as the employee’s leave balances last, a fter which the employee must pay their full family health insurance premiums (both the normal employee and employer portions).
Many employees who choose to exercise their full pregnancy and/or parental leave entitlements end up exhausting their leave balances and transitioning to only partially paid (via SDI/PFL) or fully unpaid le ave. Parents may also exhaust their City -paid contribution to medical benefits, requiring them to pay the full premium amount during parental bonding leave . This can create a financial hardship for families already struggling with the high cost of living in the Santa Barbara area , and s ome employees cannot afford this and are forced to reduce their parental bonding leave.
DISCUSSION:
A number of cities have adopted policies to provide better income repla cement and benefit continuation for new parents. This includes the cities of San Francisco, Sacramento, San Jose, San Diego, Palo Alto, and Petaluma. These policies generally cover the following circumstances:
Covering a portion of absence for pregnancy disability with additional paid sick leave.
Covering a portion of absence for parental bonding with additional paid personal leave.
Extending the period of full employer benefit contribution continuation to ensure coverage during both the pregnancy and parental bonding periods.
Multiple studies have shown improved physical and mental health outcomes for parents and children, and reductions in negative outcomes such as interfamily abuse, related to the availability of paid pregnancy and parental leaves. Fur ther, the existence of these policies, whether used or not, demonstrates an employer’s commitment to employees and their work/life balance and improves employee engagement and morale.
Staff propose to provide supplemental paid pregnancy and parental leave to City employees, pursuant the policy contained in the proposed Resolution (Attachment 3), as follows:
To be eligible, a regular full- or part-time employee must have been employed for at least one year, have successfully completed the applicable probationary period, and have actually worked at least 2080 hours for the City before the commencement of the leave.
For e mployees who are eligible for sta te SDI/PFL or other short -term or long - term disability policy:
3 Meeting Date: October 17, 2023
o Additional paid sick leave for eligible birthing parents will be provided to cover the difference between available SDI benefits and 100% of salary for a period of up to ten weeks of disability; and
o Additional paid release time will be provided for eligible parents to bond with a new child (by birth, adoption, or foster placement) to cover the difference between available PFL benefits and 100% of salary for a period of up to six weeks.
For employees who are not eligible for state SDI/PFL8:
o Additional paid sick leave for eligible birthing parents will be provided to cover 40% of salary for a period of up to ten weeks of disability; and o Additional paid release time will be provided for eligible parents to bond with a new child (by birth, adoption, or foster placement) to cover 40% of salary for a period of up to six weeks.
The City’s full contribution to health benefits will last during the period of supplemental paid parental leave, even when not required under state and federal law.
The adoption of these policies will provide peace of mind to new parents that they can take at least 10 weeks of pregnancy disability leave and at least 6 weeks of parental bonding leave with out losing pay an d benefit contributions, and without having to deplete their leave banks. Staff have discussed this with representatives from SEIU, Local 620, who fully support the adoption of the policies.
GOLETA STRATEGIC PLAN:
9.1. Strategic Goal: Develop and maintain a workforce reflecting the diversity of our community and create a work environment to support all employees.
FISCAL IMPACTS:
Based on a five -year review of new child dependent benefits enrollments, it is anticipated that approximately 1 parental leave will be taken on an annual basis.
The salaries and benefits for employees who take pregnancy and parental bonding leave are already budgeted so possible additional length of paid absence for these leaves does not generally have a direct budget cost, only a productivity cost . Additional budget costs are incurred only when there is a backfill, meaning that a temporary employee is hired or another employee is paid overtime to fill in during the leave. The vast majority of leaves are not backfilled.
Actual increased City costs could theoretically be through:
Birthing parents not exhausting their sick leave banks during pregnancy disability. These banks would then be available for other reasons, potentially 8 While the plan provides 40% income replacements for management employees who do not participate in SDI/PFL, it does leave room for managers to elect SDI/PFL or other employee-paid group disability insurance plan, which would provide full supplement to 100% of pay in the future. 4 Meeting Date: October 17, 2023
providing pay for a subsequent di sability that would otherwise have been unpaid.
Unused sick leave could also theoretically be cashed out a 10% upon retirement. Parents not using their accrued vacation banks to cover parental bonding leave.
Vacation banks are subject to cash -out, such as if an employee later leaves the organization before having used the retained vacation.
Longer continuation of City-paid health benefits. This would generally only occur during the parental bonding period for the birthing parent, or if an employee has otherwise already exhausted more than 6 weeks of benefit continuation for another qualifying family leave during the year, as most other leaves already fall under benefit continuation requirements.
We will monitor the usage of this program and its costs and a ny incurred costs beyond budgeted levels will be evaluated on an annual basis. Most likely, staff will be able to recommend program costs be absorbed in the annual budget. Staff believe that the positive benefits of this program on the organization, and po tentially the community, outweigh the cost impact.
ALTERNATIVES:
The City is not obligated to provide additional pregnancy disability and parental bonding leave benefits. Council could decline to adopt a Supplemental Paid Pregnancy Disability Policy and/or a Supplemental Paid Parental Bonding Leave Policy. Council could direct different benefit levels and/or eligibility requirements. However, it is worth noting that parental bonding leave benefits may not discriminate based on gender.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. EDD Pamphlet: “Disability Insurance Provisions”
2. EDD Pamphlet: “California Paid Family Leave: Helping Californians be there for the moments that matter.”
3. Resolution No. 23 -__ entitled, “ A Resolution Of The City Council Of The City Of Goleta, California, Authorizing The City Manager To Amend The Memoranda Of Understanding With SEIU, Local 620, And The City’s Personnel Rules To Provide Supplemental Paid Pregnancy Disability Leave And Supplemental Paid Parental Bonding Leave.”
5 ATTACHMENT 1:
EDD Pamphlet: “Disability Insurance Provisions”
6 What is Disability?
Disability is an illness or injury, either physical or mental, which prevents you from doing your regular work. Disability includes elective surgery, pregnancy, childbirth, or related medical conditions.
What is Disability
I
nsurance?
Disability Insurance (DI) is a part of the State Disability Insurance (SDI) program. DI helps replace your income
when you can’t work as a result of a non-work-related
disability. The program is funded through your SDI tax
withholding. You are most likely eligible if you’ve paid into the SDI program (noted as “CASDI” on paystubs).
Elective Coverage is a plan where employers, the
self-employed, and general partners may choose to be
covered under SDI. Benefits and eligibility are determined differently between these plans. Find the annual cost of participating at your local Tax Office (edd.ca.gov/office_ locator) or by visiting Disability Insurance Elective Coverage (edd.ca.gov/en/Payroll_Taxes/Disability_Insurance_
Elective_Coverage).
Citizenship and immigration status do not affect eligibility f
or SDI benefits.
The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Requests for services, aids, and/or alternate formats need to be made by calling 1-866-490-8879 (voice).
TTY users, please call the California Relay Service at 711.
This pamphlet is for general information only, and does not have the force and effect of the law, rule or regulation.
Disability
Insurance
Provisions
STATE OF CALIFORNIA
LABOR AND WORKFORCE DEVELOPMENT AGENCY
EMPLOYMENT DEVELOPMENT DEPARTMENT
DE 2515 Rev. 68 (01-22)
What Are My Benefits
During Pregnancy?
Your disability period begins the first day you are unable to do your regular work. DI benefits are based on the period of time your licensed health professional certifies you are unable to do your regular work. You can file a DI claim for your pregnancy-related disability, and recovery from delivery.
Without medical complications, you can receive benefits up to four weeks before your expected delivery date and up to six weeks after your delivery. For cesarean section, you can receive benefits up to eight weeks after delivery.
After your DI pregnancy claim ends, you may be eligible to receive up to eight weeks of Paid Family Leave (PFL) to bond with your new baby. A PFL bonding claim form is automatically sent with the final DI benefit payment.
What If I Require Care
During My Disability?
If you require care during your disability, your child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner may be eligible to receive up to eight weeks of PFL benefits to take time off work to care for you. For more information visit California PFL (edd.ca.gov/ en/disability/paid-family-leave).
DE 2515 Rev. 68 (01-22) INTERNET Page 1 of 2
7 What Are My Rights If
My Benefits Are Denied?
• You can know the reason and basis for any decision that affects your benefits.
• You can appeal any decision about your eligibility for benefits. Appeals must be sent to the DI office in writing. • You can request an appeal hearing before an
Administrative Law Judge (ALJ). You may further appeal
the ALJ’s decision to the California Unemployment
Insurance Appeals Board and the courts.
• Your privacy – all claim information will be kept
confidential except for the purposes allowed by law.
Contact DI
• English 1-800-480-3287.
• Spanish 1-866-658-8846.
• By US mail addressed to PO Box 13140, Sacramento, CA
95813-3140. If you do not have a current claim, you may write to any DI office. Note: Do not mail claim forms to this PO Box.
• By TTY (for TTY users only) at 1-800-563-2441.
• In person by visiting any of the DI Offices
(edd.ca.gov/office_locator).
If your disability is permanent or is expected
to continue for a year or more, contact the
US Social Security Administration (ssa.gov)
or by phone at 1-800-772-1213 (TTY 1-800-325-0778).
What Happens Next?
• A properly completed claim takes two weeks to
be processed.
• We will mail you a Notice of Computation (DE 429D)
confirming we received your claim and providing your
estimated benefit amount.
• You will know we approved your claim once you
receive an Electronic Benefit Payment (EBP)
Notification (DE 2500E).
• If more information is needed or if the claim has been denied, we will contact you.
• The first seven days of your DI claim are a non-payable waiting period. If a claim is filed for the same or related condition within 60 days of the first claim, it will be added on as a continuation of the initial claim. There
is no additional waiting period.
• Benefits are paid once all information is received and you are approved. Benefit periods are two weeks at a time. If you are eligible for additional benefits, you will be sent the needed forms to complete and return. Allow 10 days for
processing. If your benefits end midweek, that week will be paid at the daily rate. This rate is one-seventh of your weekly benefit amount.
• You will receive your benefits by the payment method you choose when filing a claim.
How Do I Apply for Disability
Insurance Benefits?
1. Use SDI Online (edd.ca.gov/SDI_Online) to file for benefits.
OR
You can request a paper claim form by:
• Visiting Forms and Publications
(forms.edd.ca.gov/forms).
• Calling 1-800-480-3287.
California state government employees covered by
SDI should call 1-866-352-7675.
2. After you complete Part A – Claimant’s Statement, have your licensed health professional complete Part B -
Physician/Practitioner’s Certificate online or by using a paper claim form. If you are filing online, SDI Online will provide you a receipt number once Part A is submitted.
Your licensed health professional will need your receipt number to complete Part B.
A claim cannot begin more than seven days before you
were examined by or under the care of a licensed health professional.
3. File online or submit your paper claim form within 49 days from the date your disability begins. If your claim is late, you may lose benefits. Visit Appeals (eedd.ca.gov/en/Disability/ Appeals) for more information.
How Are My
Benefits Calculated?
They are based on your paychecks during a specific
12-month period (called a base period) 5 to 18 months
before the start of your claim. To qualify, you must have earned at least $300 in your base period.
Visit the Disability Insurance and Paid Family Leave
Calculator (edd.ca.gov/PFL_Calculator) to get an estimate.
What Affects My
Ongoing Benefits?
You cannot be paid more than your normal weekly salary
while receiving benefits. DI benefits are not affected by vacation pay you may receive.
Is There a Maximum
Amount to My Benefits?
The maximum amount is 52 times the weekly rate of your
benefits, but not more than your total base period wages earned when you were employed.
Exception: For employers and self-employed individuals
who elect SDI coverage, the maximum benefit amount is
39 times the weekly rate.
Keep in mind that benefits are payable only for a limited period to a resident in an alcoholic recovery home or drug- free residential facility that is both licensed and certified by the state in which the facility is located. However, disabilities related to acute or chronic alcoholism or drug abuse, being medically treated, do not have this limitation.
DE 2515 Rev. 68 (01-22)DE 2515 Rev. 68 (01-22) INTERNET Page 1 of 2 8 ATTACHMENT 2:
EDD Pamphlet: “California Paid Family Leave: Helping Californians be there for the moments that matter.”
9 CALIFORNIA PAID FAMILY LEAVE
Helping
Californians
be there for
the moments
that matter.
A helpful guide for employers
and community counselors.
DE 8520 Rev. 6 (06-22) (Internet) Page 1 of 8
10 California Paid
Family Leave
California Paid Family Leave (PFL) provides up to eight weeks of partial wage replacement to eligible Californians who need time away from work to:
• Care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. • Bond with a new child entering the family by birth, adoption, or foster care placement.
• Take part in a qualifying event because of a spouse, registered domestic partner, parent, or child’s military deployment to a foreign country, including arranging childcare or making financial arrangements.
This guide is designed to help you assist your employees and customers in understanding and navigating the PFL program so they can be present for the moments that matter most.
Who Pays for PFL?
California PFL is funded entirely by employees through State Disability Insurance (SDI) deductions from their paychecks (noted as “CASDI” on most paystubs). PFL is not a government welfare or aid program.
DE 8520 Rev. 6 (06-22) (Internet)
11 What Counts as a
Qualifying Event for PFL?
There are three life events that qualify for PFL – bonding, caregiving, and participating in a qualifying military event.
Bonding – A new parent must be
taking time off work to welcome a
new child into the family through birth,
adoption, or foster care placement.
Bonding benefits must be taken
within 12 m
onths of the child
entering
the family.
A parent is defined as an individual,
spouse, or registered domestic
partner who will be serving as a
parent for the child.
Military Assist – An individual
must be taking time off work to take
part in a qualifying event resulting
from a spouse, registered domestic
partner, parent, or child’s military
deployment to a foreign country.
A qualifying event is any military
event or an essential need resulting
from a family member’s deployment
to a foreign country. For PFL, the
military event does not have to
occur in Ca
lifornia. Qualifying
events in
clude:
• Arranging for childcare or parental
care during the deployment.
• Assisting in making legal or
financial arrangements during the
deployment.
• Attending counseling.
• Assisting the military member
during rest and recuperation leave.
• Attending military sponsored events
or ceremonies.
• Representing the military member
at federal, state, or local events.
• Addressing issues due to the
military member’s death.
Caregiving – An individual must
be taking time off work to care for a
seriously ill child, parent, parent-in-
law, grandparent, grandchild,
sibling, s
pouse, or registered
domestic partner.
PFL defines seriously ill as an illness,
injury, impairment, or physical or
mental condition that requires:
• At-home care or in-patient care in
a hospital, hospice, or residential
medical care facility.
• Continuing treatment by a licensed
health professional.
12 How does PFL Work?
California employees are eligible for
partial-wage-replacement benefits
that can be taken all at once or split
over a 12-month period. To bond
with a new child, leave can be taken
anytime within the first 12 months of a
child entering the family.
Example: After adopting a new child,
a parent may take two weeks of PFL
initially and then the remaining time
eight months later, should they need it.
What Is PFL’s Wage
Replacement Rate?
PFL provides 60% to 70% of an
employee’s past salary. Employers
may allow employees to use vacation,
sick, paid time off, or other leave to
supplement their PFL benefits to
receive 100% of their pay. Employees
can use the Disability Insurance and
PFL Calculator (edd.ca.gov/PFL_
Calculator) to estimate their
weekly benefits.
Does PFL Provide Job Protection?
PFL does not provide job protection, just paid benefits. However, employees may qualify for job protection through other laws that can be taken at the same time as PFL. Employees should check with Human Resources about job protection before applying for PFL.
Family and Medical Leave Act (FMLA) – The FMLA is a federal law that gives eligible employees 12 weeks of unpaid, job-protected leave in a 12-month period to bond with a new child, to care for an ill family member, or to participate in a qualifying military event. Visit the Department of Labor
(dol.gov/agencies/whd/fmla) to learn more.
California Family Rights Act (CFRA) – Similar to the FMLA, the CFRA allows eligible employees up to 12 weeks of unpaid, job-protected leave i
n a 12-month period to bond with a new child or to care for a seriously ill fam
ily member.
New Parent Leave Act (NPLA) – The NPLA provides eligible employees 12 weeks of unpaid, job-protected leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The law covers individuals who work for small employers with 20 or more employees.
Fair Employment and Housing Act (FEHA) – The FEHA does
not provide job protection during PFL but it does provide job protection to individuals while they are using Disability Insurance (DI) for pregnancy disability, childbirth, or a related medical condition. The law prohibits employer discrimination due to disability or pregnancy.
To lear
n more about the CFRA, NPLA and FEHA, visit the
Depar
tment of Fair Employment and Housing (dfeh.ca.gov).
DE 8520 Rev. 6 (06-22) (Internet)
13 How Do PFL and DI Benefits Work Together?
Caregiving
An employee receiving DI benefits
due to a non-work-related injury or
illness may require care due to their
disability, and their family members
may be eligible to receive PFL
benefits to take time away from work
to provide that care.
Bonding
A mother receiving DI benefits due to
pregnancy or childbirth may transition
from her DI claim to a PFL bonding
claim and will automatically receive
a Claim for Paid Family Leave (PFL)
Benefits - New Mother (DE 2501FP)
form when her pregnancy-related DI
claim ends.
DE 8520 Rev. 6 (06-22) (Internet)
14 How Can Employees Apply for PFL?
They can apply online or by mail using a paper claim form. Claims should be submitted no later than 41 days after individuals begin their family leave but not before the first day of leave.
What Information Is
Needed to Fi
le?
• Name of the employer.
• Date they want their claim to begin.
This would be their first day
of family l
eave.
• Wages paid (if any), and last day
of work.
• Claim specific supporting
documentation.
Bonding claims
• Documentation showing proof of
relationship with their child (birth
certificate, adoptive placement
agreement, or foster care
placement
record).
Caregiving claims
• Medical certification showing that
the care recipient has a serious
health condition and requires care.
This must be completed by
a license
d health professional.
• Information about the person who
will be cared for and their signature.
Military assist claims
• Military assist certification.
• Supporting military documentation
(covered active duty orders, a
letter of impending call or order to
covered duty, or documentation
of military leave signed by the
approving authority for the military
member’s rest and recuperation).
• Documentation for the
qualifyi
ng event.
Where Can Employees
Apply for Be
nefits?
1. Visit SDI Online
(edd.ca.go
v/SDI_Online).
2. Register for a new SDI Online
account or sign in to an
exist
ing account.
3. Select “New Claim”.
To Apply for Benefits by Mail:
1. Complete a Claim for Paid Family
Leave (PFL) Benefits (DE 2501F)
form (available in English and
Spanish.) To order a paper English
claim or to download the Spanish
form (DE 2501F/S), visit
EDD Fo
rms and Publications
(edd.ca
.gov/forms).
2. Submit the completed form with all
required documentation to EDD.
DE 8520 Rev. 6 (06-22) (Internet)
15 What Happens Next?
• A properly completed claim, including all supplemental documentation, typically takes two weeks to be processed.
• We will mail a Notice of Computation (DE 429DF) confirming that we received their claim and providing their estimated benefit amount. • Individuals will know we approved their claim once they receive an Electronic Benefit Payment (EBP) Notification (DE 2500E).
• The individual will receive an EDD Debit CardSM or a check depending on what option they selected when filling out their claim form. • If more information is needed or if the claim has been denied, we will contact the individual.
DE 8520 Rev. 6 (06-22) (Internet)
16 For more information, call or visit Contact SDI
(e
dd.ca.gov/Disability/Contact_SDI.htm)
for office l
ocations.
English .....................................1-877-238-4373 Spanish ...................................1-877-379-3819 Cantonese ..............................1-866-692-5595 Vietnamese ............................1-866-692-5596 Armenian .................................1-866-627-1567 Punjabi ....................................1-866-627-1568 Tagalog ....................................1-866-627-1569 TTY ..........................................1-800-445-1312 The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Requests for services, aids, and/or alternate formats need to be made by calling 1-866-490-8879 (voice). TTY users, please call the California Relay Service at 711.
DE 8520 Rev. 6 (06-22) (Internet)
17 ATTACHMENT 3:
Resolution No. 23 -__ entitled, “A Resolution Of The City Council Of The City Of Goleta, California, Authorizing The City Manager To Amend The Memoranda Of Understanding With SEIU, Local 620, And The City’s Personnel Rules To Provide Supplemental Paid Pregnancy Disability Leave And Supplemental Paid Parental Bonding Leave.”
18 RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO AMEND THE MEMORANDA OF UNDERSTANDING WITH
SEIU, LOCAL 620 , AND THE CITY’S PERSONNEL RULES TO
PROVIDE SUPPLEMENTAL PAID PREGNANCY DISAB ILITY
LEAVE AND SUPPLEMENTAL PAID PARENTAL BONDING
LEAVE.
WHEREAS, on December 7, 2021 , the City Council approved and authorized the City Manager to execute Amended and Restated Agreements No. 18-037 and 180-038, the Memorand a of Understanding with SEIU, Local 620 Regarding the Goleta General Employees Bargaining Unit and Miscellaneous Bargaining Unit , which are valid through the ex piration of their terms on December 31, 2023; and
WHEREAS, on July 19, 2022, the City Council approved Resolution 22-40 authorizing the City Manager to amend the Memoranda of Understanding with SEIU, Local 620 , to include certain retention incentives and on November 15, 2022 the City Council approved Resolution Vote On: Motion to Approve Adop t Resolution No. 22-57 entitled, to increase standby pay; and WHEREAS, on February 21, 2 023, Council adoption Resolution No. 23 - 05, repealing and replacing the City of Goleta Personnel Rules , with a subsequent correction adopted on August 15, 2023 via Resolution 23 -45 to add the Bilingual Allowance provision; and
WHEREAS, the City Council wishes to amend the City ’s various rules to provide e nhanced paid time off benef its for employees on pregnancy disability and parental bonding leaves of absence,
NOW, THEREFORE, BE IT RESOLVED BY THE CIT Y COUNC IL OF THE CITY OF GOLETA, AS FOLLOWS:
SECTION 1 . The City Manager is authorized to agree to amend the existing Memoranda o f Understanding with the General and Miscellaneous bargaining unit s as necessary , su bject to agreement with those employee organizations, to include the Supplemental Paid Pregnancy Disability and Supplemental Paid Parental Bonding Leave provisions included in Exhibit A.
SECTION 2. The City Manager is authorized to amend the Personnel Rules, to include the Supplemental Paid P regnancy Disability and 19 Resolution 23-0X
Paid Parental Leaves
Supplemental Paid Parental Bonding Leave provisions included in Exhibit A.
SECTION 5
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this __ day of _____ 2023.
__________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
20 Resolution 23-0X
Paid Parental Leaves
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta , California, DO HEREBY CERTIFY that the forego ing Resolution No. 23-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of ______, 2023 by the following vote of the Council:
AYES:
NOES:
ABSENT:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
21
Exhibit A
New Policies Regarding Supplemental Pay for Parental Leaves
Supplemental Pregnancy Disability Pay (Pregnancy Pay)
1. Eligible regular employees will be entitled to Supplemental Pregnancy Disability Pay during the period in which the employee is disabled by pregnancy, childbirth or related medical conditions.
2. Supplemental Pregnancy Disability Pay shall be the difference between any benefit the employee receives through state SDI or other City-offered group disability insurance plan and 100% of the employee’s base salary for a period not to exceed ten weeks. This will include pay during any waiting period before SDI benefits can be received.
3. For an employee who does not have access to state SDI or City-offered disability insurance benefits for the leave, the maximum amount of Supplemental Pregnancy Disability Pay that will be paid by the City is 40% of the employee’s base pay for a period not to exceed 10 weeks. The employee will be required to make up the difference with the employee’s leave banks, as required under the applicable leave of absence policy.
4. While receiving Supplemental Pregnancy Disability Pay, to the extent not already covered by other City leave policies, the City will also continue to pay that portion of the Flexible Benefit Plan allowance provided under these Personnel Rules up to the lesser of 1) the full allowance amount or 2) the employee’s cost for family medical, dental and vision insurance premium elections on the first date of absence.
5. Employees are eligible for Supplemental Pregnancy Disability Pay if, prior to the first day of an approved leave, they:
a. Have been employed for at least one year and have successfully completed the applicable probationary period, and
b. Have actually worked at least 2080 cumulative hours for the City before the commencement of
6. This benefit is supplemental to other available benefits. To be eligible to receive Supplemental Pregnancy Disability Pay, employees must apply for state SDI or other City-offered group disability insurance benefits to which they have access and remit documentation of such payment eligibility to the City. In no case may Supplemental Pregnancy Disability Pay be used to provide more than 100% income replacement.
7. Supplemental Pregnancy Disability Pay may be used continuously, intermittently or on a reduced schedule as medically necessary.
8. Unused Supplemental Pregnancy Disability Pay shall have no cash value and shall be forfeited following the end of the disability period. 22
9. Eligible employees must request Supplemental Pregnancy Disability Pay at least 30 days prior to the first day their pregnancy disability pay entitlement is to be utilized. Failure to make the request 30 days in advance may result in a delay in receiving the Supplemental Pregnancy Disability Pay.
10. This policy applies to employees on an approved leave of absence. It does not create an entitlement to protected leave. Leave entitlement and protections are established under Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave Law (PDL) and other City leave policies.
Supplemental Parental Bonding Pay (Parental Pay)
1. Eligible regular employees will be entitled to Parental Pay for:
a. The birth of a child who resides with the employee and for whom the employee has physical and legal custody, or
b. The adoption or foster placement of a child under the age of sixteen who resides with the employee and for whom the employee has physical and legal custody.
2. Supplemental Parental Bonding Pay shall be the difference between any benefit the employee receives through state PFL or other City-offered group insurance plan covering bonding leave and 100% of the employee’s base salary for a period not to exceed six weeks. This will include pay during any waiting period before PFL benefits can be received.
3. For an employee who does not have access to state PFL or City-offered group insurance benefits for the leave, maximum amount of Supplemental Parental Bonding Pay that will be paid by the City is 40% of the employee’s base pay. The employee will be required to make up the difference with the employee’s leave banks, as required under the applicable leave of absence policy.
4. While receiving Supplemental Parental Bonding Pay, to the extent not already covered by other City leave policies, the City will also continue to pay that portion of the Flexible Benefit Plan allowance provided under these Personnel Rules up to the lesser of 1) the full allowance amount or 2) the employee’s cost for family medical, dental and vision insurance premium elections on the first date of absence.
5. Employees are eligible for Supplemental Parental Bonding Pay if, prior to the first day of an approved leave, they:
a. Have been employed for at least one year and have successfully completed the applicable probationary period, and
b. Have actually worked at least 2080 cumulative hours for the City before the commencement of the leave.
6. This benefit is supplemental to other available benefits. To be eligible to receive Parental Pay, employees must apply for State PFL or other City-offered group leave benefits covering parental bonding leave to which they have access and 23
remit documentation of such payment eligibility to the City. In no case may Parental Pay be used to provide more than 100% income replacement.
7. The employee must apply for and begin use of Parental Pay within four (4) months of becoming eligible for the benefit. Parental Pay is not available prior to the birth, adoption, or placement of a child.
8. Parental Pay must be used within one (1) year of an employee becoming eligible for the benefit. Any Parental Pay not used in that one (1) year period shall be forfeited.
9. An eligible employee is entitled to Parental Pay only once for each birth, adoption, or foster placement regardless of the number of children involved (e.g., twins). Parental Pay for placement of a foster child is limited to once every 36 months.
10. Parental Pay must be used continuously. However, upon the request of the employee and subject to City operational needs, Human Resources may grant usage of Parental Pay on an intermittent or reduced schedule.
11. Eligible employees must request Parental Pay at least 30 days prior to the first day their Parental Pay is to be utilized. Failure to make the request 30 days in advance may result in a delay of receiving the benefit.
12. This policy applies to employees on an approved leave of absence. It does not create an entitlement to protected leave. Leave entitlement and protections are established under Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave Law (PDL) and other City leave policies. 24