Sworn public safety Employees are permitted limited use of City Equipment, such as cell phones, in the course of their duties, while operating an authorized emergency vehicle. The law provides an exception for those operating a commercial motor truck (excluding pickups) to use a two-way radio operated by a "push -to -talk" feature.
Section 5. No Expectation of Privacy
Employees shall have no right or expectation of privacy in E-mail, text, data, or image messages created, transmitted, received, deleted or stored using City Equipment or City Business conducted on Employee Equipment, including electronic communications routed by a third party communications service provider.
All communications transmitted via City Equipment, whether or not related to personal or confidential matters, are subject to monitoring, at the City's discretion. The City monitors communications transmitted via City Equipment in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passwords and "message delete" functions do not restrict or eliminate the City's ability or right to access electronic communications on City Equipment. The City will not monitor personal E-mail, text, data, or image messages created, transmitted, received, deleted or stored using Employee Equipment that is unrelated to City Business.
The City may randomly or routinely monitor or intercept electronic communications sent or received on City Equipment (voice -mail, e-mail, text messages, images, data and Internet access) and retains the right to do so at any time and without notice to Employees. The City also retains the right, without notice to Employees, to conduct searches of City Equipment and related systems to ensure that they are being used in conformance with this Policy. The City currently monitors, views and/or intercepts information or messages in or accessed through the communications system in the following circumstances and for the following purposes:
A. Any activity necessary to the provision of service including, without limitation, the maintenance or repair of any City Equipment or software, the retrieval of lost messages, or for the protection of the rights and property of City; B. Assistance to persons or entities authorized by law to intercept electronic City communications or to conduct electronic surveillance provided the City is provided with or obtains a court order or other lawful authorization; C. The intercepting person is a party to the communication or one of the parties to the communication has given prior consent to such interception; D. The electronic communication intercepted is made through a communication system, which is configured so that the electronic communication is readily accessible to the public;
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E. The logging of statistical information concerning the use of or activity upon any communication system including Internet use statistics and access information for individual users that is compiled and forwarded for management review; and F. Monitoring of communications with the public to assure the quality of public service.
Section 6. Duplication of Software and Use of Copyrighted Materials Software and related documentation licensed to the City may be protected by copyright, patent, trade secret or other forms of legal protection. Employees shall not duplicate software programs and any Employee who unlawfully duplicates software may be subject to criminal prosecution or civil damages. No Employee shall install, use, copy, alter or distribute these programs except as permitted by law and only to the extent permitted by the contract or license agreement between the City and the owner.
Employees learning of any misuse of software must immediately notify their Department Director. City Equipment shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization.
Section 7. Backup Copies
Employees may not keep any backup copies of work done for the City when they separate from the City. Employees must obtain written permission from their Department Director to download and retain samples of their work. Downloading may occur only in the presence of the Employee's Supervisor. Employees are prohibited from keeping a copy of proprietary information, data or programs upon separation.
Section 8. Installation of Software
The integrity of City Equipment is vital to the City's operations. Employees may not download or install any program onto City Equipment without the express consent of their Department Director and the IT Division Manager. When in doubt, Employees must seek permission prior to taking any action that could jeopardize the integrity of City Equipment.
Section 9. Personal Use
Employees who are required to be available for City work continuously or outside of their regularly scheduled hours, may be authorized to utilize their City Equipment for personal use. Examples of such positions are those at the Department Director level and certain safety positions. The appropriate mix of personal/business cell phone usage will be determined at the Department Director level, with final authority on this issue resting with the City Manager or his/her designee. City Equipment may be operated or accessed for incidental personal use (e.g., web browsing, E-mailing, etc.)
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on an Employee's break or meal period and with Supervisor approval provided that the use does not:
A. Directly or indirectly interfere with the operation of other City Equipment; B. Involve any cost or expense to the City;
C. Interfere with the Employee's performance of his/her duties or other obligations to the City;
D. Involve creation or operation of a commercial, business, or political activity or website/blog; and
E. Violate this Policy, or any other applicable law, rule or regulation.
Employees are reminded that personal use of City Equipment does not mean the Employee has any personal right of privacy in that use or related information and any records of City Equipment are subject to review by the City.
Section 10. Overtime Related to Communications Equipment Non-exempt Employees shall not use City Equipment after their normal working hours without prior approval from an authorized Supervisor. The Fair Labor Standards Act (FLSA) requires that the City pay each Employee who is entitled to receive FLSA overtime for all hours worked. This provision does not apply to Employees who are exempt from FLSA overtime because of the executive, administrative, or professional nature of their job duties.
No time spent in any activity on City Equipment or Employee Equipment used for City Business may be done outside of a non-exempt Employee's scheduled work hours without advance approval from the Employee's Supervisor. Emergencies may arise that call for an exception to this rule. In emergencies, the Employee may perform the work, but must notify a Supervisor as soon as possible, and in no event later than the end of that day. If the Employee's Supervisor denies the request to work overtime, the Employee must comply with the Supervisor's directive and cease working overtime.
All time spent outside of the non-exempt Employee's scheduled hours on City Equipment or Employee Equipment used for City Business must be reported on official City forms so that the City may pay the Employee for that work. Non-exempt Employees may never choose to work and not request compensation. All legitimate overtime will be compensated.
Non-exempt Employees are required to record all work time on official City forms and to work overtime with prior approval. Failure to follow the City's overtime approval procedures will result in being paid for all legitimate work time, and being subject to
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disciplinary action, up to and including termination for violating the overtime approval procedures.
Section 11. Violations
An Employee who violates this Policy is subject to disciplinary action, up to and including termination. Communications and data transmitted and/or stored on City Equipment or by a third party communications service provider in violation of this Policy will be disclosed in the context of disciplinary proceedings. 12/11 /01
Revised February 2010
Revised August 2011
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AUTHORIZATION AND RELEASE
REGARDING CITY EQUIPMENT
I, have read, understand, and acknowledge the City's Policy regarding City Equipment, and Employee Equipment used for City Business. I understand and agree that the City may access my voice mail, E-mail, text, image, and data messages, and other electronically stored information on City Equipment under my control. I understand that searches of City Equipment may be conducted without advance notice in order to ensure the City Equipment is being used consistent with this Policy to facilitate transmittal of information related to the City's operations, and that have no expectation that any information stored or transmitted via any City Equipment or a third -party communications service provider accessed via City Equipment will be private.
Accordingly, I hereby authorize any Electronic Communications Service to release to the City any information the City may request relating to electronic communications and/or any other form of instant or delayed messaging transmitted and/or received by myself on City Equipment. I also agree to search and immediately turn over any information the City may request relating to electronic communications and/or any other form of instant or delayed messaging transmitted and/or received by myself pertaining to City Business conducted on Employee Equipment. I understand that my failure to review and turn over information related to City Business stored on Employee Equipment may result in my discipline, up to and including termination.
I hereby release, and discharge the City and the person, firm, company, corporation or other third -party to whom this authorization is directed, including their agents, representatives and employees, from any and all liability of every nature and kind arising out of their providing the information, records and other matters referenced above relating to City Equipment pursuant to this authorization.
I further understand, acknowledge and agree that I will operate and use City Equipment and Employee Equipment when used for City Business according to this Policy. I understand and acknowledge that failure to comply with this Policy will result in discipline, up to and including termination.
A photocopy of this authorization and release shall be accepted with the same validity as the original.
Employee Signature Date
Revised August 2011
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APPENDIX D
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Familv and Medical Leave Pol
Section 1. Statement of Policy
The federal Familv and Medical Leave Act ("FMLA") and the California Familv Riahts Act To the Family Rights AGt ("CFRA")' provide eligible employees the opportunity to take unpaid, iob- protected leave for certain medical and nonmedical needs for themselves and family members.
This policy outlines and explains how the City of Newport Beach ("City") administers each of these leaves. Emplovees who misuse or abuse this policy may be disciplined up to and including termination. For more information regarding leave under this policy, employees should contact Human Resources. —Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA.
Section 2. Definitions
A. "Twelve (12)-Month Measurement Period Method": Under this policy, the City of Newport Beach uses the rolling 12-month period measured backwards from the date employee begins leave to determine benefit eligibility. Benefit eligibility is based on hours actually worked.
B. "Covered Call to Active Duty" Refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the president of the United States pursuant to certain laws.
' Effective January 1, 2021, pursuant to SB 1383, CFRA will now be applicable to all employees who work for an employer with five or more employees, expands the scope of "family members" for whom employees can take leave to include additional categories, places less restrictions on the amount of leave if both parents work for the same employer in connection with the birth, adoption or foster care placement of a child, and modifies reinstatement rights. Accordingly, this policy incorporates the CFRA's amendments, which provide more expansive protections to employees than the FMLA. 3-260
1. In the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or
2. In the case of a member of the reserve component of the Armed Forces, duty during the deplovment of members of the Armed Forces to a foreian country under a call or order to active duty under certain specified provisions.
C. "Covered Servicemember"
1. A current servicemember of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
B-D. "Family Member:" FMLA and CFRA have differing definitions of "family member," and only the FMLA allows employees to take up to 26 weeks of leave to provide care for an injured military family member.
"Child". Any biological, adopted, or foster child, stepchild, legal ward, child of a domestic partner, or a person to whom the employee stands in loco parentis. The eligibility for a child differs under CFRA and FMLA, as CFRA expands child eligibility to those over the age of 18 and who are a child of the employee's registered domestic partner.
2. "Grandchild" A child of the employee's child. Covered under CFRA only.
3. "Grandparent" A parent of the emolovee's parent. Covered under CFRA onlv. 4 Sihlinn• 4 person related to the employee by blood, adep+inn or affinity through a nommon legal or hieleninal parent "Parent" A biological, adoptive, step or foster father or mother. or anv other individual who stood in loco oarentis when the employee was a minor.
5. "Parent in Law" The parent of the employee's spouse or domestic partner.
Covered under CFRA only.
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6. "Registered Domestic Partner" An adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another stated that is substantially equivalent to the California domestic partnership is also sufficient. Covered under CFRA only.
7. "Sibling" A person related to the employee by blood, adoption, or affinity through a common legal or biological parent. Covered under CFRA only.
8. "Spouse" A person with whom the employee entered into marriage as defined or recognized under state law, including those in same -sex marriage. 4—
E. "Health Care Provider"
1. A Doctor of Medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition:
3. Podiatrists. dentists. clinical Dsvcholoaists. optometrists. and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4. Nurse, nNurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
F. "Next of Kin of a Covered Servicemember" The nearest blood relative other than the covered servicemember's spouse, domestic partner, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
G. "Outpatient Status of a Covered Servicemember" The status of a member of the
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Armed Forces assigned to either:
1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
H. "Qualifying Exigencies" Includes:
1. Short -notice deployment: To address any issue that arises out of short notice (within seven (7) days or less) of an impending call or order to active duty.
2. Military events and related activities: To attend any official military ceremony, program or event related to active duty or a call to active duty status, or to attend certain family -support or assistance programs and informational briefings.
3. Child care and school activities: To arrange for alternative child care; to provide child care on an urgent, immediate -need basis; to enroll a child in or transfer a child to a new school or day care facility; or to attend meetings with staff at a school or day care facility.
4. Financial and legal arrangements: To make or update various financial or legal arrangements or to act as the covered military member's representative before a federal, state or local agency in connection with service benefits.
5. Counseling: To attend counseling (provided by someone other than a health care provider) for the employee, the covered military member, or a child or dependent when necessary as a result of duty under a call or order to active duty.
6. Temporary rest and recuperation: To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation.
7. Post -deployment activities: To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the covered military member's active duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active duty status.
8. Mutually agreed leave: Other events that arise from the close family member's call or order to active duty, provided that the City of Newport Beach and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave.
I. "Serious Health Condition: " An illness, injury, impairment, or physical or mental condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a medical facility. A person is considered "inpatient" when a health care facility admits him or her to the facility with the expectation that he or she will remain at least overnight, even if it later develops that
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such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2. Continuing treatment by a health care provider and either prevents the employee from performing the functions of his or her job or prevents the qualified family member from participating in school or other daily activities. a) A period of incapacity which is more than three consecutive calendar days; and b) Subsequent treatment or period of incapacity relating to the same condition and also involves:
i. +Two or more treatments by a health care provider; or At least one treatment by a health care provider, the first of which must occur within seven days of incapacity, and results in a regimen of continuing treatment under the supervision of the health care provider, a nurse or physician's assistant under direct supervision by a health care provider or by a provider of health care services (e.g., a physical therapist) under orders of or on referral by a health care provider.
This would include a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is overthecounterover the counter and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3. Any period of incapacity due to pregnancy or for prenatal care.
An employee may request Pregnancy Disability Leave under the California Pregnancy Disability Leave Law [See Government Code �§12900, et. seq.] This is separate and distinct from California Family Rights Act Medical Leave.
Amount of Leave: An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, "four months" means 693.33 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an agreed -upon specific date of return, and be submitted to the Human Resources Department_
Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: the employee is disabled from working by pregnancy, childbirth or a related medical condition; 2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and 3) the estimated duration or end date of the leave.
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Compensation during PDL: Pregnancy disability leaves are without pay. However,_the employee may elect to use flex leave or any other accrued paid time off during the leave.
Health Insurance Benefits During PDL: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before the employee's leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond their control
4. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
4. a)_+ -Requires periodic visits for treatment to a health care provider; b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
55A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.
66—Any period of absence to receiving multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
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I. "Serious Injury or Illness:" The definition of "serious injury or illness" for current_ see „ berservicemembers and veterans is distinct from the definition of "serious health condition" for CFRA/FMLA leave.
a-. An injury or illness incurred by the current service -member in the line of duty while on active duty in the armed forces that may render the_ seNine r„emberservicemember medically unfit to perform the duties of the_ seNir•e membeiservicemember's office, grade, rank, or rating or existed before the beginning of the member's active duty and was aggravated by the service in the line of duty while on active duty in the armed forces; or
1. 2
m1�1'1'1%or of er the Na�nal Guard Reserves, an ini„ry er illness t was TT1� �T��s
;RGUrred by the -member in the line of duty on oGtiv duty n the Armed FnorrGeess (or existed before the beginning of the member's aGtive duty and was aggravated b sep,4ce On the !one of duty en aGtive duty in the Armed Forces) and that manifested itself before or after the member became a veteran.In the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran and is 1) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the armed forces and rendered the service member unable to perform the duties of the service member's office, grade, rank or rating; 2) a physical or mental condition for which the covered veteran has received a VA service -related disability rating of 50 percent or greater, and such rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; 3) a physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would absent treatment; or 4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
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Section 3. Reasons for Leave
FMLA
Covered family Employee's spouse (including those in
member same -sex marriages), child (minor or
dependent adult2) or parent
Reasons for leave
■ Birth of a child for purposes of
bonding
■ Placement of a child for adoption or
foster care
■ To care for the employee's covered
family member (above) with a
serious health condition
• The serious health condition of the
employee (including pregnancy)
■ A qualifying military exigency related
to the covered active duty or call to
covered active duty of an
employee's spouse, child (of any
age) or parent who is a member of
the United States Armed Forces
■ To care for a family member who is
a current servicemember or veteran
with a serious illness or injury (26
weeks
CFRA
Employee's spouse (including those in
same -sex marriages), registered
domestic partner, child (of any
age), child of domestic partner, sibling,
grandparent or grandchild
■ Birth of a child for purposes of
bonding (including the child of a
domestic partner)
■ Placement of a child in for adoption
or foster care
■ To care for the employee's covered
family member (above) with a
serious health condition
■ The serious health condition of the
employee (excluding pregnancy)
■ A qualifying military exigency related
to the covered active duty or call to
covered active duty of an
employee's spouse, domestic
partner, child (of any age), or parent
in the United States Armed Forces,
as specified in Section 3302.2 of the
Unemployment Insurance Code
In circumstances where a leave qualifies for both FMLA and CFRA leave, the leaves will run concurrently for a total of 12 weeks3.
It is possible that an employee could qualify for 12 weeks3 of CFRA leave to care for a domestic partner or grandparent (who are not considered eligible family members under the FMLA) and then qualify for 12 weeks3 of FMLA to care for a child, spouse, or parent, for a total of 24 weeks3.
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MEN
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W.
The employee's own medical disability related to preRaRGy and T ry
birth.
lip
MEN
1411110
22-A child is "incapable of self -care" if he/she requires active assistance or supervision to provide daily self -care in three or more of the activities of daily living or instrumental activities of daily living —such as, caring for grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence or using a telephone. 'The Acts only require the City to provide 12 weeks: however, the City offers a more generous benefit of four (4) months.
Section 4. Employees Eligible for Leave
An employee is eligible for leave for the reasons stated above if the employee:
A. Has been employed with the City of Newport Beach for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and B. Has been employed with the City of Newport Beach for at least 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee's fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.
Section 5. Amount of Leave
The FMLA and CFRA offer 12 workweeks of unpaid job protections. However, Uunder the City's policy, eligible employees may receive up to four (4) months of protected leave under the FIVI n iGFR for reasons as described in Section 3 (Reasons for Leave).
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For an employee who is on approved FMLA/CFRA leave due to their own serious health condition, an additional two (2) months may be approved if the employee provides the required medical certification, the employee's Department Director is able to reasonably accommodate the absence and the City Manager approves the request.
For military caregiver leave, an eligible employee may take up to 26 workweeks of leave in a single 12-month period. The single 12-month period begins on the first day leave is taken to care for a covered service -member and ends 12 months thereafter, regardless of the method used to determine leave availability for other FMLA/CFRA-qualifying reasons.
A. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth er placement of the Gh d. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.
2. If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be Gemplied within compliance.
B. When Both Spouses Are Employed by the City of Newport Beach In any case in which both parents of a child, adoptee, or foster child are both employed by the City and are entitled to leave:
If leave is taken for the birth of a child (see Section 2 or 3 for each Leave's definition of "child") for purposes of bonding; Fer purpes ^funder _CFRA g alifyiRg leave, each parent is entitled to take 16 werkweeks our (4) months of SERA leave during any 12- month period for bonding leave. -If an employee ^nl., has leave taking leave available under FMLA, then the aggregate number of workweeks ^f FMLA leave try which both rrarrrvc�--vr-vrvrrcvrc �rrvr�rr�
may eenttlewill be limited to 16 workweeks dy n^total for both spouses is four months during any 12 month period if leave is taken for the birth or adoption or foster aGa4e of the a rle ' hild (i.e., bGnrdiRg Teave).
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With respect to_ eFViGe memberservicemember leave, if both parents of a covered se. A- R,embefservicemember are employed by the City and are entitled to leave to care for a covered serV!Ge R,ernbe_, the aggregate number of workweeks of leave to which both may be entitled will be limited to 26 workweeks in a 12-month period to care for a_ nor,,;^^ m^mh^rservicemember. This limitation does not apply to any other type of leave under this policy.
C. Service-mMember Family Leave
If leave is taken to care for a service -member as set forth in Section 3 above, an eligible employee may take up to 26 workweeks of leave during a 12-month period. Leave to care for an injured or ill_ SeFViGe- nemberservicemember, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period. This leave may be taken on an intermittent or reduced work schedule basis consistent with the Section 8 of this Policy. The City may require the employee to provide certification for the serious injury or illness.
Section 6. Employee Benefits While on Leave
A. Group Health Insurance During Unpaid Leave
Under this policy, the FMLA and CFRA provide for unpaid, job -protected leave.
Employees may remain in paid status by substituting their unpaid absence with their own paid leave (see Section 7 Substitution of Paid Leaves). However, if an employee is not in paid status or receiving state disability due to their own serious health condition, the employee will continue to be covered by the City's group health insurance for up to six (6) months each leave year to the same extent that coverage is provided while the employee is on the job, which includes payroll deductions and taxable cash back under the City's cafeteria program.
B. Recovery of Premium if the Employee Fails to Return from Leave If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control.
Section 7. Substitution of Paid Leaves
While on unpaid leave under this policy, as set forth herein, an employee 4 +^may use all paid leaves to remain in paid status during family and medical leave as described below.
Remaining in paid status will ensure the employee's pay continues to be reported to CalPERS and they continue to accrue leave time.
A. Employee's Right to Use Paid Leaves Concurrently with Family Leave An employee may substitute their own paid leave time for all or part of any otherwise unpaid leave under this policy.
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Employees who have and want to use sick leave to substitute for the otherwise unpaid leave, may do so in compliance with the Employee Policy Manual and the following stipulations:
i. I The leave is for the employee's own serious health condition; or ii. 2.The leave is needed to care for a parent, spouse, domestic partner or child with a serious health condition and would be permitted as sick or flex leave under the City's leave policy.
B. The City of Newport Beach and An Employee's Rights: If aAn Employee Requests a Leave Without Mentioning FMLA or CFRA
If an employee requests to utilize paid leave for time off without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA- qualifying purpose, the City may inquire further into the reason for the absence.
The City will notify employees out more than three (3) days, who have used sick leave or unplanned paid leave that they have been placed on FMLA.
Section 8. Medical Certification
Employees who request leave must provide written certification and/or recertification from the health care provider of the individual requiring care if requested by the City as described below:
A. Employee's Own Serious Health Condition
If the leave is requested because of the employee's own serious health condition, the certification must include: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position.
Upon expiration of the time period the health care provider originally estimated that the employee needed for his/her own serious health condition, the employee must obtain recertification if additional leave is requested.
B. Family Member with Serious Health Condition
If leave is requested because of the employee's need to care for a family member, as described in Section 3, who has a serious health condition, the certification must include:
the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the family member and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision family member. The term "warrants the participation of the employee" includes, but is not limited to, providing psychological comfort and arranging third -party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
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C. Pregnancy
Pregnancy disability leave must be supported by a written certification from the attending physician stating that: the employee is disabled from working by pregnancy) childbirth or a related medical condition; 2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and 3) the estimated duration or end date of the leave.
D. Qualifying Exigency
The first time an employee requests leave because of a qualifying exigency; the City may require the employee to provide a copy of the military member's active duty orders or other documentation issued by the military. The documentation must indicate that the military member is on covered active duty or call to active duty status in a foreign country and the dates of the military member's active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as Permitted by the FMLA/CFRA.
GE. Service-Mmember with Serious Injury or Illness
If leave is requested because of the employee's need to care for a covered_ � . - m„beFservicemember who is a child, spouse, parent or "next of kin" of the employee, the employee must provide written certification from a health care provider regarding the injured_ serViGe mernbe servicemember's serious injury or illness. The City will verify the certification as permitted by the FMLA/GFR regulations.
F. Time to Provide a Certification
When an employee's leave is foreseeable and at least 30 days notice has been provided, the employee must provide a medical certification, if requested, before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts.
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F—. G. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by this Policy, the City may delay the FMLA/CFRA leave until the required certification is provided or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.
Gr.H. Recertification
If the City has a good faith objective reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification.
K.I. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (not consecutive days/hours) or on a reduced leave schedule to provide self -care or to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary prior to requesting the intermittent leave. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City reserves the right to require employees returning from intermittent leave to undergo a fitness for duty examination prior to returning to work. The City may also require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternative position of equivalent pay and benefits that better accommodates the leave schedule.
Section 9. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows of an upcoming leave, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable military leave duty to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. Such notice may be orally given. The employee is required to comply with the City's usual call -in procedures for notifying a supervisor regarding sick leave. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.
Section 10. Reinstatement Upon Return from Leave
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A. Reinstatement to Same or Equivalent Position
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
Jiq
1 B. Date of Reinstatement
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return.
C. Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
D. Return -to -Work Certification
As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a return -to -work certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
Section 11. Required Forms
Employees must fill out and submit to Human Resources the following applicable forms in connection with leave under this policy:
A. A "Request for Family/Medical Leave" form approved by the City to be eligible for leave.
Note: Employees will receive a response to their request which will set forth certain conditions of the leave; and
B. Medical certification —either for the employee's own serious health condition; for the serious health condition of a child, parent, spouse, or domestic partner; or for the serious
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illness or injury of a_ -inemberservicemember.
10/16/2008 — Amended to add Military Leave
12/30/2008 — Amended to include legislation changes effective January 1, 2009 10/25/2022 — Amended to include legislation changes effective January 1, 2021
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Employee Name
Department
Hire Date
Request for Family/Medical Leave
Date of Request
Position Title
I request a Family/Medical Leave for the following reason (check one):
A. The birth of a child and/or in order to care for such child.
B. The adoption or placement of a child for foster careadoption or foster care.
C. In order to care for a family member because such family member has a serious health condition. Check one:
❑ CHILD ❑ SPOUSE❑ DOMESTIC PARTNER ❑ PARENT
❑ GRANDPARENT (CFRA) ❑ GRANDCHILD (CFRA) ❑ SIBLING (CFRA) (Must submit "Physician Certification" within 15 calendar days.) D. Employee's own serious health condition that makes the employee unable to perform the functions of his/her position.
(Must submit "Physician Certification" within 15 calendar days.) E. For a "qualifying exigency" arising out of the fact that Employee's spouse, domestic partner, -child, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Check one:
❑ CHILD ❑ SPOUSE- ❑ PARENT ❑ DOMESTIC PARTNER (CFRA)
F. In order to care for an immediate family member who is a member for the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is in outpatient status through the Armed Forces, or is otherwise on the temporary disability retired list, for a "serious injury or illness" Check one:
❑ CHILD ❑ SPOUSE ❑ DOMESTIC PARTNER ❑ PARENT
$ IXNAE,ST C DACT 0; ❑ NEXT OF KIN: -
(Must submit "Physician Certification" within 15 days.)
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Method of Leave Requested
A. Consecutive Leave
B. Intermittent or Reduced Leave Schedule (Specify schedule below) Date leave is to begin: Expected atiGR of leaveduration of leave:
If the duration of my family/medical leave (total of paid and unpaid time) does not exceed 4 months, I will be returned to my same or equivalent position. I understand that if my family/medical leave should exceed 4 months plus an additional 2 months (if approved), I will be returned to my same or equivalent position, only if available. If my same or equivalent position is not available, I understand that I may not be entitled to reinstatement rights under FMLA.
Date Employee's Signature
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Notice to Health Care Provider
Under Department of Labor regulations for the Family and Medical Leave Act and the State of California Family Rights Act, "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse -midwife who is authorized to practice by the State and performing within the scope of their practice as defined by State law, ova Christian Science practitioner or other health care providers as outlined in Section 2 of the Family and Medical Leave Policy.
Our employee has requested leave under the provisions of Federal Family and Medical Leave Act and/or California Family Rights Act family and medical oa„o s statutes for:
• His or her own serious health condition; or
• For the purpose of caring for your patient who is a PaFeRt (190919glGal, festeF or adoptive parent; a stepparent a legal guardiaR; gFandparent; 9F etheF person who stood in loco parentis to the employee when the employee was a child), Ghild (bie'GgiGal, adopted or f0Gt8F Ghild; a stepGhild; a legal ward; a child for whom the employee is standing in IOGG parent's to; or an adult dependent Ghild); grandGhild; sibling; er speuse (a husband er wife as defiRed er reGegnized under State law for purposes of marriage, inGluding E;ommon law marriage an states where it is reGegnized) of our empleyeegualified family member under the Acts or as outlined in Section 2 of the Family and Medical Leave Policy.
Please note the in-laws are not covered by this provision.
In order for the City to determine whether this leave qualifies for family and medical leave under Federal and/or State law, please complete the brief Health Care provider section on the reverse side of this form and return it to our employee.
A Serious Health Condition is:
Any illness, injury (including on the job), impairment or physical or mental condition that involves:
• Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or • Any period of incapacity requiring absence from work, school, or regular daily activities for more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or • Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or
• Prenatal ca re; e
• Pregnancy disability; leave taken for disability due to pregnancy, childbirth or related medical conditions.
Examples: heart attacks, heart conditions requiring heart bypass or valve operations, most cancers, back conditions requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, and injuries caused by serious accidents on or off the job.
A Serious Health Condition is Not:
• Allergies treated by over the counter or prescribed medication which may be administered by the patient/employee;- • The patient is not incapacitated for more than three calendar days, is not under the continuing care of a health care provider, and/or the patient does not have a serious long-term health condition; or • Voluntary treatment or surgery unless inpatient hospital care is required.
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DO NOT DISCLOSE THE UNDERLYING DIAGNOSIS WITHOUT CONSENT OF PATIENT City of Newport Beach
(CONFIDENTIAL)
FOR RECORDKEEPING ONLY
FAMILY AND MEDICAL LEAVE CERTIFICATION
Employee Name:
Patient if other than employee):
Relationship of employee to patient:
If patient is a child, is he/she 18 years of age or older? ❑ yes ❑ no If yes, is child incapable of self care'? ❑ yes ❑ no Requires certification
Beginning date of leave:
What is the employees anticipated return to work date:
If unknown or on oin rovide earliest estimated return to work date Medical Status and Recommendations from Health Care Provider Does this employee or patient have a serious health condition? see definitions ❑ yes ❑ no On what date did the serious health condition commence? Duration of medical condition:
If leave is for the employee:
Is employee able to perform the functions of his/her job? (see job description) ❑ yes ❑ no Questions regarding the employee's job duties may be addressed to the employee's supervisor.
Employee's Supervisor: Phone:
Can the employee work a reduced work schedule or require other medical accommodation(s)? ❑ yes ❑ no
If yes, please include schedule of visits or treatment if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee's normal schedule of hours per day or days per week:
If leave is for employee's family member:
Is the employee's presence necessary to provide on -site care for the patient? or ❑ yes ❑ no Is the employee's presence deemed beneficial to the welfare of the patient? ❑ yes ❑ no Does the patient require full time care?
❑ yes ❑ no
If no, give an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule:
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Health Care Provider Information
Health Care Provider Signature Date
Type of Health Care Provider see definition):
Address Phone
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City of Newport Beach
(CONFIDENTIAL)
FOR RECORDKEEPING ONLY
FAMILY AND MEDICAL LEAVE RETURN TO WORK CERTIFICATION
Under Department of Labor regulations for the Family and Medical Leave Act and the State of California Family Rights Act, "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse -midwife who is authorized to practice by the State and performing within the scope of their practice as defined by State law;1--er a Christian Science practitioner or other health care providers as outlined in Section 2 of the Family and Medical Leave Policy.
Employee Name:
The following information is to be completed by your health care provider. Return this form to your supervisor prior to your return to work date.
Employee is released to work effective (date):
Is employee able to perform the functions of his/her job? (see attached job description) ❑ yes ❑ yes, with restrictions/accommodations ❑ no
Questions regarding the employee's job duties may be addressed to the employee's supervisor.
Employee's Supervisor: Phone:
Please list any functional limitations:
Are the limitations: ❑ permanent ❑ temporary, until (date):
Comments:
Health Care Provider Information
Health Care Provider Signature Date
Type of Health Care Provider see definition):
Address Phone
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APPENDIX E
CITY OF NEWPORT BEACH
ORGANIZATIONAL VALUES AND BEHAVIORS
ORGANIZATIONAL VALUES
As Employees of the City of Newport Beach, we choose to embrace and practice the following values:
In practicing integrity, we strive to be honest, reliable, respectful, ethical, fair and authentic. We will serve in a manner consistent with community values and follow through on our commitments.
In practicing empathy, we will be sensitive to the needs of others by being compassionate, thoughtful, open-minded, willing to understand, and by being good listeners.
In practicing service, we understand our roles as representatives of the City. We will endeavor to practice humility, to make things better for others, and to treat others, as we want to be treated.
In practicing excellence, we will strive to do our best by demonstrating competence and a commitment to quality. We will be innovative, thorough, efficient and effective in our work.
In creating a positive work environment, we will express our appreciation for, and recognize, others. We will follow a work ethic, take pride of ownership in our work, be courteous, encourage creative thinking, seek and be open to challenges, create esprit de corps, maintain a safe work environment, and act with enthusiasm.
In creating unity of purpose, we will practice cooperation and teamwork. We will practice open communication by keeping others informed, considering the needs of others, and at times deferring to the needs of others.
In practicing responsibility, we will be accountable in our work, take initiative, make appropriate decisions, and act decisively. We will acknowledge our errors and correct them.
In practicing loyalty, we will respect the individual and the position. We will support each other, abide by decisions, and strive to always present a positive image of the City.
MMULIE
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ORGANIZATIONAL BEHAVIORS
The following behaviors were identified as ways for the organization's employees to demonstrate and act on their values. The list is not meant to be all-inclusive, but rather descriptive of the types of behaviors that would demonstrate each value.
Integrity —no surprises, speak up with concerns rather than internalize; say in the group what you say in private; always be honest; frank; give credit where it's due; be factual in advising public on processes and regulations; consistency of application of regulations; all customers deserve same treatment; tell people the whole story.
Empathy —expressions of concern; active listening; walking in each others' shoes; slow to judgement; acknowledge others' feelings; show you care; respect one another's professional abilities.
Service —be courteous, professional; problem -solving attitude; ask customers if they need help and then help them; keep public informed about what you're doing; timeliness; quality service; acceptance of role to carry out Council policy; friendliness; be receptive to complaints and requests; help them navigate the system; put yourself in their shoes.
Excellence —encourage innovation; support professional growth; seek to become an expert; encourage self -development; allow people to be innovative without negative consequences; encourage creativity in problem -solving; be up- to-date on technological advances.
Create a positive work environment —clearly define expectations; frequent feedback on work performance; reward work performance; education and development opportunities; employee lounge.
Unity of purpose —reinforce with each other why we're here; act in support of mission statement; identify opportunities to help each other, cross -training and education; informational exchange; aligning work processes and products.
Loyalty —going the extra mile; project positive image through appearance and actions; not talk disparagingly about organization and leadership.
Responsibility —show up regularly and ready to work; master the elements of our jobs; take ownership of work product; take pride in work; meet deadlines or tell supervisor; smooth transitions between departments; tell supervisor if you see a problem or have a problem; be solution -oriented; don't be reluctant to do something extra; offer constructive criticism.
12/ 11 /01
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