MEMORANDUM OF UNDERSTANDING
between
The City of Richmond, California
and
The International Association of Fire Fighters
Local 188
July 1, 2025 – June 30, 2028
July 1, 2025 – June 30, 2028
CITY OF RICHMOND AND IAFF LOCAL 188
MEMORANDUM OF UNDERSTANDING 2025-2028
TABLE OF CONTENTS
1. RECOGNITION ................................................................................................................ 3
2. UNION DUES PAYROLL DEDUCTION ........................................................................... 3
3. EMPLOYEE RIGHTS ....................................................................................................... 4
4. CITY AND DEPARTMENTAL RIGHTS ............................................................................ 6
5. NO STRIKE ...................................................................................................................... 6
6. GRIEVANCE PROCEDURE ............................................................................................ 6
7. SALARIES ...................................................................................................................... 10
7.1 SALARY CHANGES ..................................................................................................... 10
7.2. OVERTIME AND COMPENSATION FOR OVERTIME ............................................... 11
7.3 WORKERS’ COMPENSATION LEAVE ....................................................................... 13
8. BILINGUAL PAY............................................................................................................. 15
9. INDIRECT PAY ALLOWANCES..................................................................................... 15
10. HOURS ........................................................................................................................ 20
10.1 HOURS FOR FIRE PREVENTION SERVICES DIVISION PERSONNEL .................. 21
11. ON-CALL FIRE INVESTIGATOR ELIGIBILITY AND COMPENSATION ...................... 22
12. ATTENDANCE ............................................................................................................. 23
13. LEAVES OF ABSENCE ............................................................................................... 24 LEAVE OF ABSENCE WITHOUT PAY ................................................................... 24 LEAVES OF ABSENCE WITH PAY ........................................................................ 24 SICK LEAVE ............................................................................................................ 24 BEREAVEMENT LEAVE ......................................................................................... 24 PARENTAL LEAVE ................................................................................................. 24 FAMILY AND MEDICAL CARE LEAVE ................................................................... 24
14. VACATION ................................................................................................................... 27
15. MILITARY LEAVE ........................................................................................................ 30
16. LEAVE FOR JURY DUTY ............................................................................................ 31
17. CERTAIN COURT APPEARANCES ............................................................................ 31
18. HEALTH BENEFITS ..................................................................................................... 31 MEDICAL PLANS .................................................................................................... 31 ACTIVE EMPLOYEE BENEFIT ACCOUNT ............................................................ 31 CAFETERIA OPTION .............................................................................................. 31 DENTAL PLAN ........................................................................................................ 31 VISION PLAN .......................................................................................................... 31 FLEXIBLE BENEFITS PLAN ................................................................................... 31
19. LIFE INSURANCE AND LONG-TERM DISABILITY ..................................................... 35
20. RETIREMENT PLAN .................................................................................................... 35
21. OCCUPATIONAL HEALTH, SAFETY, AND WELLNESS PROGRAMS ...................... 36
22. LAYOFFS AND EFFECTS ........................................................................................... 36
23. RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD ........................ 37
24. NEPOTISM POLICY ..................................................................................................... 37
25. PROBATIONARY PERIOD .......................................................................................... 38
26. PROBATIONARY PERFORMANCE REPORTS .......................................................... 39
July 1, 2025 – June 30, 2028
27. PERFORMANCE EVALUATIONS ................................................................................ 39
28. HOLIDAYS ................................................................................................................... 39
29. DAILY STAFFING ........................................................................................................ 40
30. EXERCISE EQUIPMENT ............................................................................................. 40
31. DRUG AND ALCOHOL ABUSE TESTING ................................................................... 40
32. MEETING REGARDING ADVANCED LIFE SUPPORT (ALS) PROGRAM ................. 41
33. FULL AGREEMENT/ZIPPER CLAUSE ........................................................................ 41
34. TERM ........................................................................................................................... 41 ATTACHMENT A – SALARY SCHEDULE ......................................................................... 43 ATTACHMENT B – FAMILY & MEDICAL LEAVE POLICY ................................................ 44
July 1, 2025 – June 30, 2028
MEMORANDUM OF UNDERSTANDING
between
CITY OF RICHMOND
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 188
JULY 1, 2025 - JUNE 30, 2028
1. RECOGNITION
The City of Richmond (City) recognizes the International Association of Fire Fighters (IAFF), Local 188 (Union or Local 188) as the sole and exclusive representative for the Fire Fighters Bargaining Unit, consisting of the following classifications, as well as any new classifications which may be assigned to this unit in accordance with the City Charter, the City's Employer - Employee Relations Resolution, Personnel Rules and State law.
Firefighter Trainee
Firefighter
Fire Engineer
Fire Captain
Fire Inspector I & II
Deputy Fire Marshal
2. UNION DUES PAYROLL DEDUCTION
A member of this unit may, at any time execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) as furnished by the Union.
The Union will be the custodian of records for such Deduction Authorization Form and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.
The City shall begin deductions in the amount prescribed by the Union in the first full pay period after receipt of written Certification from the Union. The employer shall transmit such payments to the Union no later than thirty (30) days after the deduction from the member’s earnings occurs.
Deductions may be revoked only pursuant to the terms of the Deduction Authorization Form unless the employee is in an unpaid status. The employees’ earnings must be regularly sufficient, after other legal and required deductions are made, to cover the
July 1, 2025 – June 30, 2028
amount of the appropriate Union dues. When a member in good standing of the Union is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings, nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.
The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by the Union.
3. EMPLOYEE RIGHTS
3A. No Discrimination
No employee covered by this Agreement shall be discriminated against by the City or by the Union by reason of race, color, religion, creed, sex, sexual orientation, age, national origin, physical or mental disability, lawful Union activity, refusal to participate in Union activity, or any basis prohibited by law.
3B. Release Time
The Union may designate representatives for the purpose of assisting bargaining unit members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of Understanding (MOU or Agreement).
In consideration of the unique and restrictive work schedule of Fire Fighters, the City shall afford such representatives reasonable time off during working hours without loss of compensation or other benefits for representational purposes as provided in this section. Release time must be scheduled so as not to unduly interfere with work load and job requirements as determined by the Fire Chief or designee . The Fire Chief or designee shall not be obligated to afford release time to more than one union representative per grievance meeting or investigatory meeting which the employee reasonably believes may result in punitive action and which an employee is entitled to representation. The City does not provide paid release time for employees who are off-duty.
The Union shall advise the Fire Chief, the Director of Human Resources or designee of the names of its authorized Union representative(s) and continuously update any changes to the authorized Union representatives.
The authorized representative(s) of the Union shall be permitted access to City facilities at reasonable times for the purpose of transmitting information, to
July 1, 2025 – June 30, 2028
investigate grievances, or for representation purposes. The Union representative shall give prior notice of their visit to the Fire Chief or designee. Approval of such requests shall not be unreasonably withheld.
Where practicable, authorized Union representative(s) seeking release for purposes of this subsection must inform the Fire Chief or designee of their proposed absence no later than forty -eight (48) hours prior to such proposed absence, and must receive advance approval. The request for release time should be in writing and include the date, time, approximate number of hours requested, and the category of representational purpose from the activities listed below. The Fire Chief may withhold or revoke approval of any proposed absence when operational needs or other legitimate considerations so warrant. If the Fire Chief withholds or revokes approval of any proposed absence pursuant to this subsection, the Fire Chief or designee will identify, in writing, the reason(s) supporting the decision to withhold approval.
“Representation purposes” includes the following:
• Attending Labor-Management meetings;
• Attendance at monthly general membership meetings by Union officers (President, Vice President, Business Agent, and/or Secretary);
• Formally meeting and conferring on matters within the scope of representation;
• Negotiations and a reasonable amount of time to caucus immediately before the scheduled meeting, subject to approval by the Director of Human Resources;
• Meetings called by the City Director of Human Resources, or the Fire Chief with the Union for the purpose of addressing issues pertaining to Union wages, hours or working conditions;
• Meetings called by the Union with City Human Resources, Fire Chief, or the Fire Chief’s designee for the purpose of addressing issues pertaining to Union wages, hours or working conditions.
• Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, in matters relating to a charge filed by the Union against the City or by the City against the Union; or,
• Testifying or appearing as the designated representative of the Union in matters before the City Council, the City’s Personnel Board or an arbitrator.
The Fire Chief will consider other requests for release time, not enumerated above, on a case-by-case basis.
July 1, 2025 – June 30, 2028
4. CITY AND DEPARTMENTAL RIGHTS
Local 188 recognizes that the City and the Fire Chief retain, whether exercised or not, solely and exclusively all expressed and inherent rights and authority pursuant to law with respect to determining the level of and the manner in which the City's Fire Department activities are conducted, managed, and administered, and Local 188 recognizes the exclusive right of the Fire Chief to maintain departmental rules and procedures for the administration of the Fire Department during the term of this Memorandum provided that such rules and procedures do not violate any of the specific expressed provisions of this MOU. The City recognizes that it has an obligation under Section 3505 of the Government Code to meet and confer in good faith on matters within the scope of representation as those matters are defined under Section 3504 of the Government Code.
5. NO STRIKE
The Union and its members pledge that they shall not engage in any strike, slow down, sick out, sympathy strike, partial strike or other concerted refusal to perform job responsibilities.
6. GRIEVANCE PROCEDURE
Purpose: This procedure is designed to assure accessibility of employees covered by this Agreement to an equitable system for resolving disputes as rapidly as possible at the lowest management level possible.
6.A. Definitions
A GRIEVANCE - is any dispute between the City and the employees covered by this Agreement concerning:
1. A claimed violation, misapplication, or misinterpretation of a specific provision of this Agreement which adversely affects the grievant.
2. Discipline of an employee covered by this Agreement involving a reprimand, demotion, suspension, dismissal, or reduction in pay.
3. Any situation bearing on the status or conditions of employment of an employee covered by this Agreement.
A GRIEVANT - is an employee covered by this Agreement or an authorized representative of the Union who is filing a grievance as defined above. Grievances which affect more than one employee in a substantially similar manner may be consolidated at the discretion of either the City or the Union and thereafter represented by a single grievant or representative selected by the grievant involved.
July 1, 2025 – June 30, 2028
6.B. Time Limits
The grievant must initiate the grievance within fourteen (14) calendar days of the event giving rise to the dispute or from the date the grievant could reasonably have been expected to have knowledge of such event. At each step, the City representative shall have fourteen (14) calendar days to respond to the grievance.
The grievant shall have fourteen (14) calendar days from receipt of a written response to appeal the grievance to the next higher step.
6.C. Procedures:
1. Informal Level
The grievant must orally discuss the issue of concern with their Battalion Chief/Fire Marshal. The Battalion Chief/Fire Marshal shall have fourteen (14) calendar days to give an oral answer or response to the grievant.
2. Formal Level
STEP 1: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within fourteen (14) calendar days of receipt of such answer, file a formal written grievance with the Fire Chief using the grievance form and attachments, if necessary. The Fire Chief shall designate an appropriate Chief Officer to handle the grievance. The designated Chief Officer shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.
STEP 2: If the grievant is not satisfied with the designated Chief Officer's written response, the grievant may file a written appeal to the Fire Chief. The Fire Chief shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.
STEP 3: If the grievant is not satisfied with the Fire Chief's written response, the grievant may file a written appeal to the City Manager. The City Manager, or their designee, shall investigate the grievance which shall include a meeting with the concerned parties and give a written response to the grievant.
STEP 4: If the grievant is not satisfied with the City Manager's or designee's written response, the grievant may submit their request for a hearing before the Personnel Board in accordance with the City Charter and Personnel Rule IX or, where permitted, as delineated below, to present the matter to an arbitrator.
Binding Arbitration. Binding arbitration is agreed to by the Union and its members with full knowledge that they are waiving their rights to a Personnel Board hearing as described in Personnel Rule IX, and in Article XIII Section 7(a) of the City Charter. Specifically, employees utilizing binding arbitration waive the right for a Personnel Board investigation, hearing, and recommendation to the City Manager.
July 1, 2025 – June 30, 2028
Applicability. Binding arbitration shall be applicable only in the following situations:
Disputes concerning disciplinary actions greater than five (5) days suspension without pay, including disciplinary termination of employment, pay reductions equivalent to greater than five days’ pay, and demotions.
Disputes over the agreement concerning interpretation and/or application of specific language in grievable sections of this Memorandum of Understanding for which no other avenue of redress exists may also be grieved to arbitration. Such request for arbitration must come only from the Union. In such circumstances, an arbitrator will decide how the specific requirement, condition, or provision of the agreement will be applied.
Time Lines . A written request for arbitration shall be served on the Director of Human Resources within 14 calendar days after the City Manager has delivered to the employee their decision on the disciplinary matter or contract interpretation (application) issue. These time lines may be waived or extended only with the mutual written consent of both parties.
If the above time limitations are not met, the grievant or the Union will have waived all rights to arbitration or a hearing by the Personnel Board on the proposed discipline or contract interpretation/application issue.
Selection of an Arbitrator. An impartial arbitrator shall be selected jointly by the City and Union. Within fourteen (14) calendar days of the request for arbitration, the moving party will request of the California State Mediation and Conciliation Service a list of five arbitrators. Each party shall in turn cross off one name on the list; the first party to cross off a name shall be determined by a flip of a coin. The final name left on such list shall be the arbitrator. The arbitrator shall render a decision no later than 30 days after the arbitration hearing, unless otherwise agreed upon by the parties and the arbitrator. Such decision shall be in conformance to the terms of this MOU. Copies of the decision will be furnished to both parties.
Decision of the Arbitrator is Binding. The decision of the arbitrator shall be final and binding on the parties and on any affected employees covered by this agreement.
Said decision shall be issued in writing and made in accordance with and in conformance to, the terms of this MOU.
Fees and Expenses. The fees and expenses of the arbitrator and of a court reporter if used, shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own attorney's fees or other presentation costs including but not limited to preparation for the hearing and post-hearing briefs, if any.
Limitations on Arbitrator's Authority and Jurisdiction. No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves an eligible employee in this represented unit and unless such dispute falls within the section above entitled
July 1, 2025 – June 30, 2028
Applicability.
Proposals to create, add to, or change this written agreement or addenda supplementary thereto shall not be arbitrable and no proposal to modify, amend, or terminate a negotiated agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred to this process. Likewise, no grievance arising out of the exercise of the City and Departmental Rights section of this MOU shall be submitted to this procedure.
No arbitrator shall have the power to amend or modify a negotiated agreement or addenda supplementary thereto or to establish any new terms or conditions of employment or to make any decision in violation of existing law. The arbitrator’s authority shall be limited only to the application and interpretation of the provisions of this written agreement. The arbitrator shall have no authority to base any decision on any past practice or custom which is inconsistent with any provision of this agreement, or to render an award on any action occurring before the effective date or after the stated termination date of this agreement.
6.D. General Provisions:
If a grievant is appealing discipline which has gone through the "Skelly meeting" process, the grievant may take the grievance directly to Step 4 of the grievance process.
If a grievant fails to carry their grievance forward to the next step within the prescribed time period, the grievance shall be considered settled based upon the written response rendered at the most recent step utilized.
If a City representative fails to provide a written response within the prescribed time period, the grievant may appeal their grievance to the next higher level.
The grievant may be represented by a person of their choice at any step of this procedure. The City representative shall be advised of the grievant's representative in writing.
Time limits and formal levels may be waived by mutual written consent of the parties.
Proof of service shall be accomplished by certified mail or personal delivery, which will include an acknowledgment receipt form.
A grievance form will be jointly developed to include information which describes the grievance, identifies the issue(s) involved, sets forth the remedy requested, and documents timelines.
July 1, 2025 – June 30, 2028
7. SALARIES
The Parties have agreed to the following base wage increases:
Effective the pay period including July 1, 2025, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).
Effective the pay period including July 1, 2026, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).
Effective the pay period including July 1, 2027, the City shall increase the base pay for all employees in the bargaining unit by five percent (5.0%).
7.1 SALARY CHANGES
7.1.A. Salary Designations
The salaries herein established are on a monthly basis, except as where otherwise established.
7.1B. Advancements and Promotions
Salary advancements shall be made in conformance with the salary plan contained within this memorandum of understanding and in conformance with the provisions of the City Charter and Personnel Rules as these relate to salary advancement and employee promotion.
7.1C. Effects of Certain Personnel Actions Upon Salaries
An employee occupying a position which is reallocated to another classification, the maximum salary for which is less than the maximum salary for the incumbent's present classification, shall continue to receive their present salary. An employee occupying a position in a classification, the maximum salary rate for which is reduced, shall continue to receive their present salary. Such continuations of present salaries shall each be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that position shall be made in accordance with the salary range established by this memorandum of understanding. "Y" rating does not apply in the event of bumping to a lower paid classification as a result of layoff.
When the classification's salary range increases to the level of the employee's "Y" rated salary, the employee will once again be eligible for salary increases through both merit and across the board increases, not to exceed the top step of the salary range.
July 1, 2025 – June 30, 2028
7.1.D. Eligibility for Salary Advancement
Each year of satisfactory service normally shall make an employee eligible for consideration for salary advancement within the salary range of their classification, except where such employee is in a class for which there is a single rate of pay.
Annual advancement shall not be automatic, but shall depend upon the increased value of an employee to the City as reflected by the recommendation of their supervisor and their department head within a written performance evaluation.
Exceptionally meritorious service shall be considered adequate grounds for consideration for advancement even though such service is of less than one year's duration. Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the Classified Service for good and sufficient reasons.
7.1.E. Promotion – Effect Upon Rate of Compensation
Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher monthly salary in the salary range which attaches to the higher class and is at least five percent (5.0%) higher than their previous salary.
7.1.F. Demotion
The rate of compensation to be paid in all cases of demotion, whether voluntary, disciplinary, for incompetence, or in lieu of layoff, shall be determined by the City Manager, based upon the recommendation of the Department Head and the Director of Human Resources.
7.1.G. Effect of Leave Without Pay Upon Salary Advancement
An employee who has taken leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty days.
Leave of absence for a period totaling less than thirty (30) days in the given service year shall have no effect upon the employee's anniversary date.
7.2. OVERTIME AND COMPENSATION FOR OVERTIME
7.2.A. Definitions
Employees are entitled to overtime compensation for all hours worked in excess of their assigned work schedule.
July 1, 2025 – June 30, 2028
7.2.B. Rate of Compensation for Overtime Worked
Overtime shall be paid either by cash at the rate of one and one- half (1.5) times the hourly regular rate for each overtime hour worked, or by compensatory time- off accrued at the rate of one and one-half (1.5) hours per overtime hour worked.
The hourly regular rate shall be computed by dividing annual salary by the normal schedule of total working hours per year, and includes other add- on pays including longevity, bilingual pay and education incentives as well as other pays that may be required by law or by agreement of the parties.
7.2.C. FLSA Cycles
The City has established a twenty -four day 207(k) work period for all eligible fire suppression personnel, regardless of rank, pursuant to the Fair Labor Standards Act (FLSA). Under this twenty -four day FLSA work period (also referred to as 24- day cycle), the FLSA overtime threshold is one hundred and eighty -two (182) hours actually worked in the twenty -four day work period. The first twenty -four day work period of Fiscal Year 2022- 2023 began at 7:30 AM on June 23, 2022 and ended twenty-four days later on July 16, 2022, and regularly recurs on this basis.
Employees assigned to administrative duties are subject to a seven- day FLSA work period pursuant to 207(a) of the FLSA with an overtime threshold of forty hours actually worked per 7- day week. The workweek for employees assigned administrative duties shall begin at 12:01 a.m. Sunday and shall end seven days later at 12:00 a.m. unless otherwise designated by the Fire Chief.
7.2.D. Compensatory Time-Off
An employee has the right to request overtime compensation in cash payment or in the form of compensatory time-off (CTO). Fire suppression personnel may accrue a maximum of 144 hours of CTO. Employees working a 40-hour week may accrue a maximum of 100 hours of compensatory time-off. When an employee has reached the maximum number of accrued compensatory time- off hours, overtime compensation shall be paid in cash until the employee’s compensatory time-off bank falls below the maximum.
When requesting CTO, employees agree to provide notice as required by Fire Department policy.
Employees adhering to the above advance notice schedule shall not be denied their requested accumulated CTO days off unless granting such a request would result in undue disruption of the Department’s operations. The City agrees to allow four (4) suppression personnel per shift off on vacation or CTO leave at any one time. In the event two (2) or more employees from the same shift request to use compensatory time on the same date, Management will utilize the process established for Station Bidding to determine which employee(s), if any, may be permitted to use leave time.
July 1, 2025 – June 30, 2028
For purposes of this section, a duty shift is as defined in Article 10.B. of this MOU.
7.2.E. Accumulated Compensatory Time-Off At Time of Separation
At separation, accumulated and unused CTO will be paid to the separating employee at the legally-required rate.
7.2.F. Procedure Governing Overtime
All overtime hours must be approved by the Fire Chief or their designated representative.
7.2.G. Call-Back Time
An employee called back to work shall be credited with a minimum amount of three (3) hours at the overtime rate.
7.2.H. Shift Holdovers
Employees who are held over their regular duty shift change time shall be eligible for overtime pay, in six -minute increments, paid at one and one- half times their hourly rate of pay.
7.2.I. Part-Time Employment
Employees who work on a seasonal, part -time, or intermittent basis shall be paid for time actually worked. Any time worked in excess of their regularly scheduled shift will be paid at one and one-half times their hourly rate of pay.
7.2.J. 56-Hour Reportable FLSA Overtime
Because 56- hour personnel are scheduled to work ten hours of FLSA overtime every 24-day FLSA duty cycle as part of their regular work schedule, the City pays such employees six hours of “FLSA premium pay” per pay period, calculated at 0.5 times the base wage, plus any applicable bilingual pay, longevity pay, and education incentive, plus the work period value of any applicable cafeteria opt-out payment the employee may receive. See 2 C.C.R. 571(a)(5) and 2 C.C.R. 571.1(b)(4) – Fair Labor Standards Act (FLSA). The rate paid for FLSA premium pay has been in effect since at least January 1, 2021.
7.3 WORKERS’ COMPENSATION LEAVE
Any City employee, who is unable to work because of bodily injury or sickness which occurs while he/she is acting within the course and scope of their employment, shall be paid their full salary up to a maximum of 52 weeks from the date that he/she is unable to work in accordance with Labor Code Section 4850, subject however, to the following conditions.
July 1, 2025 – June 30, 2028
7.3.A. A return to duty or retirement with pension within said period of time shall automatically terminate the City's liability hereunder.
7.3.B. During the time the employee is receiving total temporary disability compensation payment, the City shall make payment in accordance with Labor Code Section 4850 as applicable. If after completion of disability leave, it is determined that a permanent and stationary disability exists, it shall be the City's decision to retire the employee with a 60% sick leave cash -out as final total settlement. This option is in lieu of the PERS credit option described in Section 20.
7.3.C. The termination by the City of payments under this Section shall terminate the City's liability hereunder for the payment of full salary. If, within 60 days after the termination of said total temporary disability compensation payments, an employee applies for a hearing before the Workers' Compensation Appeals Board (WCAB), the employee's full salary shall be paid forthwith pending decision by the WCAB, but not to exceed a total of 52 weeks from the beginning of the injury or illness.
7.3.D. In the event that it shall be determined from competent medical evidence that it is reasonably probable that an employee absent on compensation leave will not be physically or mentally able to perform the full duties of their position, the City shall terminate their right to any contribution toward their salary. Said employee shall be obligated to immediately apply for a disability pension. The employee's department head shall be responsible for the administration of the provisions hereof, and he/she shall require the employee to submit periodic medical reports and also, if necessary, require the employee to submit to such medical examinations as may be necessary to provide the City with information as to the employee's physical and mental condition. Said employee shall cooperate fully with the City. Upon the employee's date of disability retirement, the employee, upon approval by the City, shall be entitled to receive as final total settlement, a lump sum payment of 60% of their sick leave accumulated up to their retirement date. This option is in lieu of the PERS credit option described in Section 20.
7.3.E. During the time that an employee is disabled by reason of bodily injury or sickness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period.
7.3.F. An employee absent from duty under this Section shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave.
7.3.G. In the event that an employee's injury or sickness results from the carelessness or negligence of a third party, the City shall have the same right of subrogation for reimbursement of salary paid as does the City's compensation carrier under the Labor Code of the State of California.
July 1, 2025 – June 30, 2028
7.3.H. In case a dispute arises by reason of the provisions of this Section, the City Manager shall have the right to make such investigation as the City Manager deems advisable, and shall determine the issue.
8. BILINGUAL PAY
8.A. The City recognizes the diversity of the community. To this extent, the purpose of the bilingual pay is to ensure that Fire Department personnel are able to communicate effectively so that language barriers will not serve as an impediment to carrying out the mission of the Fire Department.
8.B. The City shall pay 2% bilingual pay calculated on the employee’s base wage plus any applicable longevity pay and/or education incentive to those specified members who meet the following qualifications:
1. Be able to successfully pass an oral interview by a person(s) chosen by the Human Resources Department. The interviewer(s) will be looking for proficiency in speaking and interpreting the language.
2. Languages qualifying for bilingual pay are:
Spanish
Vietnamese
Laotian
American Sign Language
3. An additional pay form will be submitted to the Human Resources Department requesting bilingual pay . The Director of Human Resources can add additional languages that are eligible to receive this differential, based on the needs of the Fire Department. The Fire Department would need to justify their need to pay a bilingual differential for a language not delineated above.
8.C. The current rate paid for bilingual pay has been in effect since at least January 1, 2021.
9. INDIRECT PAY ALLOWANCES
9.A. Acting Pay
The Fire Department may, in its sole discretion, assign members to perform the work of members in higher classifications. Such assignments shall be for a specific period of time. This assignment and the period of time for it, shall be specified on the daily roster. A fter successful participation in the department's Certification for Acting Program OR while certified on an appropriate, unexpired promotional list, assigned members shall be paid at the acting pay rate for each five consecutive hours or longer worked thereafter in the higher classification. The department has
July 1, 2025 – June 30, 2028
the prerogative to return such members to their former classification at any time.
The rate for acting pay shall be the step within the range of the higher classification that provides a minimum of five percent more than the employee’s salary as defined in the payroll system. The rate for acting pay has been in effect since at least January 1, 2021.
Members who have not been certified by the department's Certification for Acting Program, but are deemed qualified to act, will receive acting pay from the first hour that they serve in the acting capacity, when required to act in a higher classification.
Such requirement must be made by the Chief or his or her designee.
FIRE DEPARTMENT PROGRAM ON CERTIFICATION FOR ACTING PAY
1. Purpose: This section establishes the departmental program and policies which relate to members of the Local 188 bargaining unit acting in higher classifications and pay for such work. It is intended to be read and administered in a manner consistent with EEO/AA principles. It is not intended, and shall not be construed to limit the Department's ability to assign "acting" responsibilities to management or other non-unit personnel.
2. Acting Pay: Acting pay for unit members shall only be awarded for qualifying work in a higher classification for periods of five or more consecutive hours. If the assignment exceeds five hours, the member will be awarded acting pay from the start of the assignment. Unit members shall not receive acting pay for work in a higher classification without first having been certified for acting pay in that classification under the provisions of this program or certified on an appropriate, unexpired promotional list.
From time to time, situations may arise when no certified (either by department qualifications or on a promotional list) individuals are available to act in a higher classification. During these short -term periods, the department may use a firefighter or engineer who does not regularly act in higher classifications to fill a vacant position. On these occasions the department will pay acting pay from the first hour of acting in the higher classification.
3. Requirements: Unit members must have permanent status in an appropriate Richmond Fire Department rank and possess at least the following years of full - time paid experience in an organized fire department prior to applying for acting certification:
Acting Classification Experience Requirement to Apply
Fire Engineer.................2 years as a Fire Fighter Fire Captain................. 3 years as a Fire Fighter or Fire Engineer Battalion Chief...............2 years as a Fire Captain
4. Acting Certification Process: The three phases of the departmental process for
July 1, 2025 – June 30, 2028
acting certification include:
a. Application. Members must apply personally by memorandum to the Director of Training to enter the departmental process for acting certification.
b. Qualifying Examination. Applicants must pass a qualifying examination.
Applicants will be provided appropriate study guide material in advance of the examination by the Director of Training who shall administer the examination at a time and place mutually agreeable to the applicant and the Director of Training. The general nature of qualifying examinations shall be subject to meeting and conferring between Local 188 and management (fire and personnel). A minimum passing score of 70% must be achieved on each section of the test. Applicants who fail the qualifying examination may try again following a suitable preparation period of no less than 30 days from the initial test date, or as mutually agreed upon by the Union and the Director of Training. The fire department shall ensure a fair, consistent and confidential exam environment for all candidates, where only Chief Officers are to serve as evaluators. Department designated Subject Matter Experts (SMEs) may be present for certain exams to assist in setup, verify proper function of department equipment or apparatus, and to consult with Chief Officers on current operational practices.
c. Acting Certification. Applicants receiving a 70% score or higher shall be certified by the Department to act in that higher classification. This certification shall be for a two (2) year period subject only to revocation for specific reason disclosed to the member by the Department subject to final review by the Fire Chief should the member so request. Members approved for acting pay prior to adoption of this program shall be certified by the Department to act in that higher classification. The Department shall maintain a current listing of all members certified to act.
5. Acting Assignments With a Promotion List: Upon receipt of certified results of a promotional examination, shift battalion chiefs shall establish an acting assignment schedule. This schedule will prioritize the assignment of acting service based on departmental service seniority in order of those in the "A" band, "B" band, "C" band, and any others certified to act as needed to fit a rotational policy limiting such members to two consecutive twenty-four hour shifts or one set in an acting capacity. Supervisors shall monitor the hours each individual is in an acting capacity to endeavor to assure an equitable distribution of opportunity to act.
6. Acting Assignments Without a Promotion List: In the absence of an active promotion list, shift battalion chiefs shall rotate acting assignments among those individuals certified to act in the higher classification. Shift Battalion Chiefs shall endeavor to base the rotation on an individual’s departmental service seniority.
Should any member so assigned and working in a higher classification incur any
July 1, 2025 – June 30, 2028
injury or illness which involves lost time during such assignment, he or she shall revert immediately to the regular classification and shall not receive acting pay for any time not actually worked; provided, however, that a member so assigned and working who incurs an industrial injury or illness shall be paid at the rate due the higher classification for time lost during the remainder of the period of the specific assignment only.
9.B. Uniform Allowance
Bargaining unit members shall receive an allowance of $800.00 per fiscal year. Half of this a llowance shall be paid on June 16
th and the remaining half paid on
December 16 th for the purchase and maintenance of required uniforms, including footwear. To qualify for either or both of the semi -annual allotments, members must be employees of record on the date of payment.
9.C. Supplemental Pay
1. Advanced Skills Incentive : Effective January 1, 2014, an employee trained and certified in the following advanced skills received a 5% incentive pay: Hazardous Material Technician, Hazardous Materials Specialist, Marine Response training or Advanced Rescue Training. On January 1, 2018, the 5% advanced skills incentive was rolled into the base salaries for the Firefighter, Fire Engineer, Fire Captain, Fire Inspector I & II and Deputy Fire Marshal job classifications.
2. Longevity: An employee with 5 years of service with the Richmond Fire Department shall receive an additional 2% calculated on the employee’s base wage plus any applicable education incentive. Employees with 10 years of service with the Richmond Fire Department shall receive an additional 2.5% for a total of 4.5% calculated on the employee’s base wage plus any applicable education incentive. Employees with 25 years of service with the Richmond Fire Department shall receive an additional 4.5% above regular salary for a total of 9%.
Effective the first full pay period after Council approves this MOU, employees with fifteen (15) years of service with the Richmond Fire Department shall receive an additional 2.5% for a total of 7% calculated on the employee’s base wage plus any applicable education incentive. Effective the first full pay period after Council approves this MOU, employees with twenty (20) years of service with the Richmond Fire Department shall receive an additional 2% for a total of
9.0% calculated on the employee’s base wage plus any applicable education incentive; employees with 25 years of service with the Richmond Fire Department shall continue to receive 9%.
The rate paid for longevity has been in effect since at least January 1, 2021.
3. Hazardous Materials Response Team : Six bargaining unit members per shift received a HAZMAT differential. As of January 1, 2014, this differential was
July 1, 2025 – June 30, 2028
referred to as Advanced Skills Incentive. On January 1, 2018, the Advanced Skills Incentive was rolled into base salary as noted above in section 9.C.1.
4. EMT 135 Certification: The Fire Department paid a 1.5% incentive for advanced EMT training to all IAFF Local 188 members to achieve the EMT 135 Certification. This differential was in addition to the 4.0% EMT differential previously received by employees covered by this MOU that was rolled into base salaries as noted above in section C.1.a. On January 1, 2018, the 1.5% EMT 135 Certification differential was rolled into the base salaries of the Firefighter, Fire Engineer, Fire Captain, Fire Inspector I & II and Deputy Fire Marshal job classifications.
5. Education Incentive
a. An employee will receive 2.5% calculated on the employee’s base wage for the following degrees or certifications:
Associate of Arts Degree
Associate of Science Degree
Company Officer Certification
An employee will receive 5.0 % calculated on the employee’s base wage for the following degrees or certifications:
Bachelor of Arts Degree
Bachelor of Science Degree
Chief Officer Certification
Degrees must be from an accredited community college, college, or university.
An employee is only eligible to receive the incentive for one degree and/or certification. An employee possessing multiple degrees and/or certifications will be eligible for the most valuable incentive. For example, an employee possessing a Company Officer Certification and a Bachelor of Arts Degree will receive a 5.0% incentive. Employees who become eligible in the future will receive the incentive pay prospectively.
b. An employee possessing a Firefighter II Certification will receive 2.5% calculated on the employee’s base wage. Firefighter II Certification must be issued by the California State Fire Marshal or by another fire training agency that is accredited by the International Fire Service Accreditation Congress (IFSAC) and/or Pro Board, and the certification must bear the corresponding IFSAC or Pro Board Seal.
Obtaining Firefighter II Certification
In furtherance of the parties’ mutual interest in facilitating employees’ ability to obtain a Firefighter II Certification, the City will make a good faith effort to
July 1, 2025 – June 30, 2028
establish a partnership with an accredited ARTP (for example Los Medanos College) to provide the required testing. If the City cannot reestablish such a partnership in a timely fashion, the City will make a good faith effort to submit an application to become an Accredited Local Academy (ALA) by July 1, 2027.
Limited Duration 2025-2028 Firefighter II Skills Program
For the term of this 2025-2028 MOU only, employees without a Firefighter II Certification may obtain the 2.5% upon successful completion of the Firefighter 2 Certification CTS task book. As used here, “successful completion” means satisfactory execution of each job performance requirement as evaluated by a qualified individual of a higher rank, and subsequent sign off on the completed task book by the Fire Chief. If an employee receives the 2.5% under this limited duration 2025-2028 Firefighter II Program, they shall not be eligible for an additional 2.5% upon obtaining the required Firefighter II Certification (described above). This Program ends at the end of the term of this contract, which is June 30, 2028. This means employees who do not obtain the required Firefighter II Certification by June 30, 2028 will no longer receive the 2.5%. The parties understand that the
2.5% available under the limited duration 2025-2028 Firefighter II Program is not reportable to CalPERS as special compensation.
c. The City will initiate education incentive pay described in paragraphs (a) and (b) above the first full pay period after the Human Resources Department receives an Additional Pay Form and written proof of a qualifying degree or certification.
10. HOURS
10.A. Duty Cycle
A duty cycle shall consist of eight (8) twenty -four hour duty shifts within a 24- consecutive day period for fire suppression employees
10.B. Duty Shift
A duty shift shall consist of twenty -four hours commencing at 7:30 a.m., and ending at 7:30 a.m., the day following.
10.C. Duty Days
The normal duty shift for firefighting employees engaged in fire suppression activities shall be considered to be two (2) consecutive duty days within twenty -four hours, one of which shall be of ten hours length, beginning at 7:30 a.m., and ending at 5:30 p.m., the second of which shall be of fourteen hours length, beginning at
July 1, 2025 – June 30, 2028
5:30 p.m., and ending at 7:30 a.m., of the following day. This shall be in accordance with the detailed duty schedule maintained by the Fire Department.
10.D. The normal work week for non- firefighting employees covered by this agreement shall be forty (40) hours, Monday through Friday.
10.E. Nothing herein shall prevent the City Council from directing the City Manager to (1) reduce the workforce, and/or (2) reduce the normal or traditional hours of work because of a shortage of work, lack of funds, or material change in duties or organization. Consistent with State law, any reductions would be subject to meet and confer with the bargaining unit to discuss its impact on the employees covered under this Agreement.
10.1 HOURS FOR FIRE PREVENTION SERVICES DIVISION PERSONNEL
Fire Prevention Services Division (FPSD) personnel shall be assigned work schedules at the discretion of the Fire Chief.
5/8 Schedule
The standard work schedule for FPSD personnel is an eight-hour shift Monday through Friday, commencing at 0800 through 1700 with a one (1) hour unpaid meal period.
9/80 Schedule
At the discretion of the Fire Chief, FPSD personnel may work a 9/80 schedule, which consists of eight (8) nine (9) -hour days and one (1) alternating eight (8)-hour day and one day off, every two weeks. The 9/80 workday begins at 0800 and ends at 1730 with one (1) thirty (30) minute unpaid meal period.
When a day-off falls on a holiday, the day -off will be taken the day before the holiday if the holiday falls on a Tuesday through Friday. If the holiday falls on a Monday, the day after the holiday will be the employee’s day-off.
When an eight (8) -hour holiday falls on a n employee’s nine (9)-hour regular day -off, the employee must use one (1) hour of CTO or vacation time to make up the additional hour.
Trading days-off will be allowed when approved by the Fire Marshal. Minimum staffing will be determined by the Fire Marshal.
Vacation, sick leave and compensatory time- off will be taken in accordance with the employee’s regularly-scheduled hours for a given day.
Each employee shall select, according to seniority within class, a specific day within the two (2) -week period as their assigned day -off. For the purpose of seniority, the time served within the rank of Fire Inspector (I & II) and time served within the rank of Fire
July 1, 2025 – June 30, 2028
Captain will be considered equivalent.
4/10 Schedule
At the discretion of the Fire Chief, FPSD personnel may work a 4/10 schedule, which consists of four ten-hour days of work per week. All requirements associated with the 9/80 schedule outlined above, also apply to employees on a 4/10 schedule, except as follows:
• The workday for employees working a 4/10 schedule shall begin at 0800 and end at 1830 with one (1) thirty (30) minute unpaid meal period.
• When an eight (8) hour holiday falls on a ten (10) hour regular day-off, the employee must use two (2) hours of CTO or vacation time to make up the difference.
11. ON-CALL FIRE INVESTIGATOR ELIGIBILITY AND COMPENSATION
11.A. Eligibility
Fire Prevention Services Division (FPSD) personnel are eligible for On-Call Fire Investigator duties upon successful completion of all of the following:
1. Completion of the following courses (with certificate):
a. California State Fire Marshal Fire Investigator 1A, Basic Fire Investigation b. California State Fire Marshal Fire Investigator 1B, Evidence & Documentation c. California State Fire Marshal Fire Investigator 1C, Preparation for Legal Proceedings
d. California POST PC 832, Arrest and Firearms
2. Participation in a minimum of six fire investigations under the supervision of someone already qualified as a fire investigator. A fire inspector called back for these supervised investigations after their regular working hours shall receive a minimum of three (3) hours pay at one and one half (1 ½) rate as described in Article 7.2F of this MOU.
In addition, to be eligible for On-Call Fire Investigator duties, a Fire Inspector I must have completed their initial probation period.
Once the Fire Inspector is qualified to be the On-Call Fire Investigator, they shall be placed into the rotation to be the On-Call Fire Investigator consistent with section B below.
11.B. On-Call Fire Investigator Compensation
1. Standby / On-Call Pay: Fire Investigation callback after regular working hours will be as follows:
July 1, 2025 – June 30, 2028
One (1) Fire Investigator shall be designated as Standby/ “On Call” per day (24 hours) for the purpose of conducting a fire scene investigation after regular working hours.
The On-Call Fire Investigator shall be available by cell phone communication outside regular working hours and must be able to respond to the fire scene within sixty (60) minutes of cell phone contact . When notified by Fire Dispatch for the need of an investigator, On -Call personnel must notify Fire Dispatch as soon as possible, and no later than ten (10) minutes , of their expected arrival time and respond to the fire scene immediately.
Investigators assigned to On- Call duty shall be paid an additional 2 hours at straight time per day On-Call.
If an investigator is not available for duty during any portion of their twenty -four (24) hour On-Call shift, the Fire Investigator must notify the Fire Marshal and will forfeit the two (2) hours of On -Call pay for the twenty -four (24) hour shift for which they were unavailable for emergency response. In such cases, the Fire Marshal will designate a replacement On-Call Inspector for that day, who will receive two (2) hours of On-Call pay.
2. While “On Call,” an investigator who is called back for an investigation shall be paid at time and one half (1.5 ) for hours worked in response to the callback.
Investigators who are not “On Call,” and are called back for an investigation shall receive a minimum of three (3) hours pay at time and one half (1.5 ), as described in Article 7.2(F) of this MOU.
12. ATTENDANCE
Employees covered under this Agreement shall be in- attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. The Fire Department shall keep daily attendance records of employees which shall be reported on the payrolls. Absence without leave may be cause for disciplinary action.
Absence without leave, for three consecutive days shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known.
If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.
If the employee or an authorized representative of the employee contacts the City within 30 calendar days of the date of resignation requesting reinstatement, the City will, on a case by case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee. This provision in no way limits the discretion of the City to
July 1, 2025 – June 30, 2028
discipline an employee for his or her absence without leave.
13. LEAVES OF ABSENCE
For purposes of this Article, when referred to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.
13.A. The following shall be considered as normal types of leaves of absence.
Leave of Absence Without Pay Compensation Leave
Leave of Absence With Pay Vacation Leave
Sick Leave Military Leave
Family Sick Leave Parental Leave
Bereavement Leave
13.B. Leave of Absence Without Pay
One Year: Upon an employee's request, the City Manager shall have the authority to grant a leave of absence without pay for a period not to exceed one (1) year.
Over Three Days: No employee shall be granted a leave of absence without pay for a period in excess of three (3) days for 40- hour per week employees or three duty days (for 56-hour employees) unless:
1. they make a written request of the Department Head, stating the reason(s),
2. the Department Head recommends it,
3. the Director of Human Resources recommends favorable action by the City Manager, and
4. the City Manager approves it.
Less Than Three Days: A request for a leave of absence without pay for a period of three days or less (40- hour employees), three duty days or less (56- hour employees) may be granted to an employee by the Department Head.
Failure on the part of the bargaining unit members to report promptly at the expiration of their leave may be considered as cause for disciplinary action or discharge.
13.C. Leave of Absence With Pay
The City Manager, upon the recommendation of the Fire Chief and the Director of Human Resources, shall have the authority to grant leave of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of
July 1, 2025 – June 30, 2028
more than two calendar weeks, it shall require specific City Council approval.
13.D. Sick Leave
1. Each employee shall accrue sick leave credits at the rate of eight (8) hours a month for 40- hour per week employees and 12 hours a month for 56- hour per week employees, per month of service beginning 30 calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate.
Sick leave may be used in increments of 6 minutes or more.
All employees in the Classified Service shall be entitled to sick leave as specified in the preceding paragraph except the following:
a. Employees who work on an intermittent or part -time basis and who have worked less than half-time in the preceding calendar year.
b. Employees who work on a seasonal basis or employees other than regular employees who work on a limited- term appointment, including but not limited to relieving another employee on sick leave or injury leave.
2. Family Sick Leave : A bargaining unit member may use sick leave for illness or injury to a member(s) of their family as provided by law . For purposes of this section, family member is defined as child, parent (or parent-in-law), spouse or domestic partner , grandparent, grandchild, sibling, or designated person. Such usage of sick leave shall be within the amounts specified in Section 13.D.
3. Sick Leave Use: Sick leave properly may be used as provided by law. Example proper sick leave uses include illness, injury, medical care, dental care, diagnosis, employee assistance therapy and medical therapy.
4. Doctor’s Certificate of Disability : A doctor's certificate of disability must be furnished on the request of the City Manager, the Department Head, or their designee. But in any event, a doctor's release to return to work shall be mandatory after seven consecutive calendar days of sick leave.
5. Payment for Unused Sick Leave: Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty -five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference no later than January 15 each year. When an employee elects to receive payment in cash or vacation time, their sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee's credit. To be eligible for this
July 1, 2025 – June 30, 2028
provision, an employee must have been a full -time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.
Any bargaining unit member who retires from City service shall be entitled to receive pay for 60% of their accumulated sick leave at the effective date of their retirement.
The spouse or registered domestic partner of any employee who dies due to a work-related illness shall receive pay for 50% of the accumulated sick leave of the deceased employee.
13.E. Bereavement Leave
Employees shall be eligible for bereavement leave under the provisions specified below. Use of leave under this article runs concurrently with leave under Administrative Policy 313.
1. Upon the death of an employee’s “family member” as that term is defined in this section, the employee shall have a right to take up to five days of bereavement leave. The days of bereavement leave need not be consecutive. The bereavement leave shall be completed within three months of the date of the death of the family member. ”F amily member” means spouse, parent, children, sibling, aunt, uncle, grandparent, grandchildren, father -in-law, mother -in-law, sister-in-law, brother -in-law, domestic partner , the children of the domestic partner, and the parents and siblings of the domestic partner, and minors living with the employee as a member of the family.
2. For 40-hour employees, up to four workdays of bereavement leave shall be paid.
For 56- hour employees, up to two 24- hour work shifts shall be paid. The remainder of the five days of bereavement leave shall be unpaid, except that an employee may use vacation, compensatory time off, or sick leave that is otherwise available to the employee.
3. One (1) day of paid bereavement leave is available to attend services for relatives not meeting the above definition of " family member." These would include nieces, nephews, and cousins.
4. Absence to attend burial services for persons other than family members or relatives as defined above, shall be taken either as compensatory time off, in no- pay status, or as vacation in amounts needed.
13.F. Parental Leave
In the event of the birth or adoption of a child, parental leave is available as follows:
1. The birthing parent shall be granted a leave of absence without pay for a period
July 1, 2025 – June 30, 2028
up to four (4) months. An additional two (2) months shall be granted with appropriate medical documentation.
During this leave, the City will continue to pay the premium for the employee’s medical plan and long-term disability plan, subject to policy rules and regulations.
2. All other new parents (i.e., non- birth parents or adoptive parents) shall be granted thirty (30) days' leave without pay commencing one week prior to the birth or adoption of a child, during which time the City will continue to pay the premium for the employee's medical plan.
3. All parents granted a leave of absence as described above, shall receive four weeks of paid leave for 40- hour per week employees as part of their parental leave. Fifty-six hour per week employees shall receive eight (8) twenty-four (24) hour shifts.
13.G. Family and Medical Care Leave
The City provides family and medical care leave pursuant to State and Federal law.
For reference, the City Policy addressing family and medical care leave (current as of the effective date of this MOU) is attached to this MOU as Attachment B.
14. VACATION
14.A. Each regular full -time employee shall be eligible for vacation leave as described in the following sections. The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed.
The only employees who are not covered by this section are: employees who work on an intermittent basis, and who have worked less than half -time in the preceding calendar year; employees who work on a part -time basis, and who have worked less than half -time in the preceding calendar year; and employees who work on a seasonal basis, or employees, other than regular employees, who work only on a limited-term appointment, including but not limited to replacing another employee on sick leave, injury leave, or maternity leave.
14.B. Each employee working on a full-time basis shall accrue vacation at the rates specified below beginning with the date of original appointment. Vacation accrual shall be based on seniority. The accrual rate shall be as follows:
July 1, 2025 – June 30, 2028
YEARS OF SERVICE 56 HR. EMPLOYEES 40 HR. EMPLOYEES
0-5 Years: 6 Shifts 12 Days
5+ - 20 Years: 9 Shifts 18 Days
20+ - 25 Years: 12 Shifts 24 Days
25+ Years: 13 Shifts 26 Days
Vacation Reserve: No employee in the bargaining unit shall accumulate more than the equivalent of two times their annual vacation accrual plus 112 hours. At any time during the year when t wo times the vacation accrual plus 112 hours are accrued, the employee will cease earning vacation until the employee has utilized vacation and their balance has fallen below their maximum accrual. Each time the maximum accrual is reached, the employee shall stop accruing additional vacation.
There will be no exceptions or waivers of the vacation accrual limit. The Department shall schedule vacation off, on or before an employee reached their vacation accrual maximum.
An employee on 4850 leave may accrue up to one additional year of vacation accrual, for a maximum of three times their annual vacation accrual plus 112 hours.
Upon return to work from 4850 leave, for a period of time not to exceed six months :
1) the employee’s vacation accrual maximum will be three times their annual vacation accrual plus 112 hours and 2) employee may accrue additional vacation over that cap during that six month period of time. After that six -month period, the employee shall cease to earn additional vacation if they are above the two annual vacation periods plus 112 hours limitation.
14.C. Limitations on Vacation Leave
No employee shall take more than the equivalent of one annual vacation period in any one calendar year, except when vacation has been deferred at the request or order of the department head and approved by the City Manager in the best interests of the City government and the employee.
Each employee working full-time in a regularly established, continuing position in the Classified Service normally must have served one year continuously in order to be eligible for vacation leave. When unusual needs exist and after proper formal approval has been obtained, an employee, after six months of continuous service, may be permitted to take accumulated vacation.
14.D. Vacation which has been deferred at the request or order of the department head and approved by the City Manager is excluded from the preceding provisions of this section. Requests for deferring vacation must be presented to the City Manager before October 30 of any calendar year.
14.E. Generally, vacation shall be used in increments of not less than two (2) consecutive duty shifts. However, an employee may use vacation leave in lesser amounts when
July 1, 2025 – June 30, 2028
authorized to do so in writing by the Fire Chief. Such lesser amounts shall not be less than one-half shift increments.
14.F. Effects of Holidays Upon Vacation Leave: (This language is applicable to non- fire suppression personnel working a 40- hour work week only). In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave and vacation leave shall be extended accordingly.
14.G Times At Which Vacation Leave Shall Be Taken
The times at which an employee shall take their vacation leave during the calendar year shall be determined by the Fire Chief or their designee, with due regard for the wishes of the employee and particular regard for the needs of the service.
However, the Fire Chief must ensure that each employee uses his or her vacation leave within the calendar year unless that employee requests and obtains postponement.
14.H. Effects of Extended Military Leave Upon Vacation Leave
For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.
14.I. Compensation for Deferred or Other Unused Vacation Leave
If an employee is terminated from employment, or is granted an extended military leave, such employee or their estate shall be paid for all unused vacation.
14.J. Vacation Amounts at Termination of Active Employment
Following termination of active employment for whatever cause, the City government shall pay to the employee or to the estate such vacation as was due to the employee at termination. Payment by the City government to the employee or the estate shall be in one payment at approximately the time of termination of active employment.
14.K. For the purpose of calculating sick and vacation accruals for part -time personnel, any time compensated as sick leave or vacation shall be considered as time worked. Less than full-time employees will advance to higher levels of leave accrual rates when their cumulative time worked, during years that qualify for the accrual of leave benefits, equals the time required for full-time employees to advance to higher accrual rates.
14.L. Rate At Which Vacation Leave Shall Accrue for Other Than Full-Time Employees
Each employee working on an intermittent or part -time basis and who has worked 50% or more of the annually scheduled working hours in the preceding calendar year without a termination of employment shall be entitled to a prorated vacation
July 1, 2025 – June 30, 2028
leave based upon their date of employment, upon the number of calendar years in which service has been rendered, and upon the actual amount of time worked in the preceding calendar years.
15. MILITARY LEAVE
15.A. Military leave shall be granted in accordance with the provisions of California State law. All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. If the employee applies to the Public Employee Retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City paid salary while on extended active duty, for a period up to twelve months.
15.B. No person shall be appointed permanently to a position from which another is on military leave, provided that nothing contained in this section shall prevent an employee originally appointed to a military leave vacancy from obtaining a permanent appointment to another position in the same class in the event a vacancy shall occur through death, retirement, resignation, promotion, demotion, transfer or other action not related to military leave.
15.C. When an employee is called for and serves an involuntary extended duty period beyond the normal two week obligation in the military, the City will pay the difference between the employee's extended active duty pay and their base pay for a period of up to 12 months. This will only occur when the employee's City pay is higher that the employee's military pay.
16. LEAVE FOR JURY DUTY
A City employee ordered to jury duty during the employee's regularly scheduled work hours has a right to full pay during actual jury service. The following shall apply:
16.A. All City employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.
16.B. City employees shall properly inform the officials who control jury duty of such unusual factor in their City jobs, including workload, as the jury officials might judge to be adequate ground for deferral of or excuse from jury duty.
16.C. Such jury leave may be based upon, but is not limited to coroner, municipal court, county superior court and federal jury duty.
16.D. Employees shall pay immediately to the City Government such amounts of money as they receive as a per diem, but shall be entitled to keep such mileage payment as are made to them.
July 1, 2025 – June 30, 2028
16.E. Each Department Head must properly notify jury officials when jury service by a subordinate would seriously impair the operation of the department.
16.F. Each employee shall expeditiously report their probable absence for jury duty, and must immediately report the termination of active jury service.
16.G. If an employee is ordered to report to jury duty before 10:00 am on a day immediately following an on- duty shift, the employee may request to have the night shift off (i.e. will be released from work at 5:30 pm) on the evening immediately preceding the requirement to report to jury duty. In order for the employee to be eligible to have the night shift off, the employee must have confirmed the requirement to report to jury duty. This means that the employee must call the court and have been ordered to report to jury day on the day immediately following the request to have the night shift off.
17. CERTAIN COURT APPEARANCES
17.A. Employees occasionally are required, by subpoena or otherwise, to be present at court proceedings in connection with their City employment. Such court appearances shall be in full duty status. Employees are entitled, through normal administrative procedures, to payment by the City government for out of pocket expenses.
17.B. Employees required, by subpoena or otherwise, to be present in court not in connection with their City employment shall make court appearances either in no pay status or on vacation time.
18. HEALTH BENEFITS
For purposes of this Article, when referred to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.
18.A. Medical Plans
The City shall contract with the California Public Employees Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond Safety Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the rules promulgated by PERS. Unless prohibited by PERS or by law, the medical plan coverage described herein shall apply to persons retired.
July 1, 2025 – June 30, 2028
The City shall pay $20.00 per month to PERS on behalf of each active employee participating in a health plan. In the event PERS requires a minimum employer payment in excess of $20.00 per month, the City shall pay the additional amount.
The City shall pay $2.00 per month on behalf of each eligible retired employee or eligible survivor of a retired employee who subscribes with PERS for coverage.
This amount on behalf of retirees or their eligible survivors shall be increased annually, at the minimum rate required by PERS.
18.B. Active Employees Benefit Account
In addition to the contributions listed above, the City shall establish a Benefits Account for each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City. All such employees shall receive monthly contributions from the City into their benefit account. That amount, coupled with the $20 described in 18 .A. shall not exceed the amount of premium for the Kaiser North Rate for the applicable level of coverage.
Contributions shall be made based on single coverage, one dependent, and more than one dependent costs. Where permitted by the plan provider, dependent coverage shall include the employee’s Registered Domestic Partner and the qualified dependent children of an employee’s Registered Domestic Partner. Should the premium for the Kaiser North Rate change during the life of this contract, the City shall change the dollar amount to be paid toward this benefit by the same amount as the premium change. The above premium limit will become effective July 1, 2006.
Employees covered by a plan more expensive than the above referenced second highest plan shall pay the difference between the City's contribution and the plan's premium after January 2001.
The City shall not treat the City contributions of $20.00 or the Employee Benefit Account as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any Federal, State or local tax liability or penalty that may arise out of the implementation of this section.
18.C. Active Employee Medical Contribution
Employees in Local 188 classifications contribute $125 per month for active employee medical benefits.
18.D. Retiree Medical
When a retiree or dependents becomes eligible for Medicare benefits, the monthly payments shall be reduced. The retiree medical reimbursement cannot be used for fees imposed by Medicare.
July 1, 2025 – June 30, 2028
The City will provide retiree medical premiums based on the following chart, and not to exceed 100% of the second highest cost plan premium or the actual cost of the retiree's medical plan:
Years of Service Percent of Premium*
27 years or more 100%
15 - 26 years 90%
*Percentage of the second highest cost plan for single, double, or more than two dependents coverage.
Retirees eligible for 100%, and covered by a plan more expensive than the second highest cost plan shall pay the difference between the City's contribution and the plan's premium. Retirees eligible for 90%, shall pay the difference between the City's contribution and the actual premium.
Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.
To be eligible for the benefits of this section, the retirees must retire (1) on or after August 1, 1988, and (2) retire within 120 days of separation from the City payroll, and (3) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (4) be at least 35 years of age with a minimum of 15 years City service.
The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in the PERS medical program. If in the case of Medicare eligible, the retiree changes the number of dependents, the amount shall be reduced accordingly.
If a retiree qualifying for the benefits above is survived by a spouse who qualified as an annuitant (i.e. is continuing to receive a pension from the City), said surviving spouse shall receive all the benefits described above and is subject to the same administrative procedures.
18.E. OPEB (Retiree Medical) Contribution
Employees in Local 188 classifications contribute $400 per month toward other post-employment benefits (OPEB).
18.F. Hepatitis B Immunizations
For those classes covered by this memorandum of understanding, Hepatitis B
July 1, 2025 – June 30, 2028
immunizations and any follow -up treatment required to keep immunizations current, will be provided at City cost.
18.G. Cafeteria Option:
Employees who provide proof of alternative minimum essential health coverage (such as coverage provided by their spouse or domestic partner’s employer), the U.S. Military, or another group coverage) will be eligible to receive compensation for opting out of the City’s health care coverage in the amount of $200 ($150 if not eligible for dependent coverage) per month, subject to the below conditions . This option is available upon initial employment and at the annual insurance benefits "open enrollment” period. In the event alternative coverage is lost, the City will allow reinstatement within 30 days of the loss of coverage date to the City's health plan as described in the preceding paragraphs. Bargaining unit members receiving the $200 credit in lieu of benefits may apply the credit towards the IRS Section 125 Flexible Benefits Plan described in paragraph J below, or receive the $200 as a taxable addition to their salary. The eligible opt -out arrangement conditions that must be satisfied in order for an employee to receive compensation for opting out of the City’s health care coverage are as follows:
1. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);
2. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies;
3. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period. Reasonable evidence may include an attestation by the employee;
4. The employee must provide the evidence/attestation every plan year;
5. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and
6. The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s tax family does not have alternative minimum essential coverage.
18.H. Dental Plan
The City shall contribute the full premium towards group dental plan benefits for employees and dependents including two thousand ($2,000) lifetime maximum for orthodontics and adult orthodontics coverage. Where permitted by the plan
July 1, 2025 – June 30, 2028
provider, “dependents” shall include the employee’s Registered Domestic Partner and qualified dependent children of the employee’s Registered Domestic Partner.
The maximum dental benefits (except for orthodontics) is one thousand five hundred dollars ($1,500) per year for the life of this MOU.
18.I. Vision Plan
The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months. Where permitted by the plan provider, “dependents” shall include the employee’s Registered Domestic Partner and qualified dependent children of the employee’s Registered Domestic Partner.
18.J. Flexible Benefits Plan
The City has established a Flexible Benefits Plan under the provisions of IRS Section 125, subject to any changes in Federal law or regulations that may occur.
The Flexible Benefits Plan is available to all bargaining unit employees.
Employees may use their own funds on a tax -free basis to participate in the Flexible Benefits Plan. Employees eligible for the credit in lieu of medical insurance may apply those funds towards the Flexible Benefits Plan.
Options available through the Plan are:
1. Medical Premiums
2. Dependent Care
3. Health Care Reimbursement
Any funds applied to options 1-3 would be tax-free.
19. LIFE INSURANCE AND LONG-TERM DISABILITY
19.A. The City shall provide a $50,000, group life insurance program for regular full -time classified employees in this bargaining unit.
19.B. The City shall pay the premium for a Long -Term Disability program provided by the California Association of Professional Firefighters $29.50 Safety Group Plan.
20. RETIREMENT PLAN
20.A. Effective January 1, 2005, the City stop ped contributing any portion of the employee’s share of CalPERS retirement cost and cease d reporting the value of “EPMC” as special compensation. Employees now pay the full amount of their required PERS contribution pursuant to Internal Revenue Code Section 414 (h) (2).
July 1, 2025 – June 30, 2028
20.B. The retirement formula for bargaining unit members designated as “classic” (as defined by CalPERS) is 3%@55. C lassic members began paying a 12% employee contribution on September 1, 2015 , pursuant to Gov. Code 20516. The retirement formula for bargaining unit members designated as “PEPRA,” which means members covered by the Public Employees’ Pension Reform Act, is 2.7% at 57.
PEPRA requires that PEPRA members contribute 50% of the “Total Normal Cost,” which is a percentage set by CalPERS that may change from year to year as determined by CalPERS.
20.C. Members of the bargaining unit may apply for military service credit directly to PERS.
20.D. Members of the bargaining unit upon retirement may have their sick leave balance credited towards years of service.
21. OCCUPATIONAL HEALTH, SAFETY, AND WELLNESS PROGRAMS
21.A. Safety Training
Mandatory safety training will be conducted for all staff, targeted to specific classifications and positions.
21.B. Stress Reduction
The City will make stress reduction programs available to all employees.
22. LAYOFFS AND EFFECTS
22.A. Order of Layoffs
The order of layoffs of employees with permanent appointments in the class shall be in the reverse order of total cumulative time served within that class upon the established date for the layoff to become effective. In the event two or more individuals were appointed to rank on the same day, total cumulative City time shall be used to determine lay -off. If total cumulative City time is identical, the deadlock will be broken by a coin toss. Representatives of the Union and management will conduct the toss.
No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated.
July 1, 2025 – June 30, 2028
22.B. Bumping
Employees laid off as in "A." above, will "bump" to the next lower classification that they have held in a permanent status, provided that the amount of time the employee has served in the Fire Department exceeds the amount of time served of at least one other employee in that classification.
22.C. Severance Pay
A permanent employee, engaged in fire suppression, who is laid off due to reduction in force, as outlined in the Personnel Rules, shall be entitled to severance pay in the amount of three shifts (pro- rated if part time) of unused sick leave for each year of continuous service up to a maximum of 15 shift's pay. Employees covered by this agreement and working a 40- hour week shall be entitled to severance pay in the amount of six days (pro -rated if part time) of unused sick leave for each year of continuous service up to a maximum of 30 day's pay. Any such employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those work days during which the individual was not in an employment status. Reinstatement from lay off is contingent on the employee first repaying any severance pay he/she is not entitled to. The City will maintain its regular level of contributions towards health and life insurance benefits for one month for any permanent employee who is laid off.
23. RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD
23.A. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least fourteen (14) days notice before leaving the service, a written resignation stating the effective date and reason(s) for resigning.
If an employee fails to provide such notice and later seeks reinstatement, the employee's failure to provide notice may result in a refusal of reinstatement. The resignation shall be forwarded to the Director of Human Resources with a statement by the Fire Chief or designee evaluating the services of the employee.
23.B. During the probationary period, any probationary employee may be released at any time by the Fire Chief or designee. Confirming past practice, the parties acknowledge that release from probationary employment is not subject to the grievance procedure.
24. NEPOTISM POLICY
24.A. For purposes of this Article, immediate family members include husband, wife, parents, children, brothers, sisters, aunts, uncles, grandparents, grandchildren, father-in-law, mother-in-law, sister-in-law, brother-in-law, the employee’s Registered Domestic Partner, the children of an employee’s Registered Domestic Partner, and
July 1, 2025 – June 30, 2028
the parents and siblings of an employee’s Registered Domestic Partner.
24.B. The Fire Chief has the responsibility and discretion to address claims raised by employees concerning the effect on safety, efficiency and/or morale of members of immediate families:
1. being in direct or indirect supervisory relations over each other, or
2. reporting to the same supervisor.
During the term of this MOU, the Fire Chief will attempt to resolve any such issues through mechanisms such as changes in shift or assignment, without financial hardship to the employees involved.
25. PROBATIONARY PERIOD
25.A. The probationary period is a basic part of the employee selection process, and shall be used for: (1) close observation of the employee's work and conduct, (2) securing the most effective adjustment of a new employee to their position, and (3) rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness and development which are required.
25.B. All appointments made from eligible lists of permanent positions shall be tentative and subject to a probationary period. Based on the recommendation of the Fire Chief, and with the approval of the Director of Human Resources and the City Manager, continuous temporary service prior to appointment from an appropriate eligible list may be counted as part of the probationary period provided that the temporary service was in the same class and the same position to which the probationary appointment is made. Such probationary period shall be six months for employees who have been promoted from one position to another in the Fire Department and eighteen months for all initial appointments (including time spent as a Firefighter Trainee) . The Fire Chief may request, and with the approval of the Director of Human Resources and the City Manager, that a probationer be granted their permanent status in less than eighteen months.
25.C. Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which he/she was appointed, unless charges are filed, and he/she is discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.
25.D. Effect of Leaves of Absence On Probationary Period
The probationary period of a given employee shall be extended by the time equal to the time she/he has been on leave of absence, other than vacation, or holiday leave during this probationary period.
July 1, 2025 – June 30, 2028
26. PROBATIONARY PERFORMANCE REPORTS
26.A. It shall be the duty of the Fire Chief during the probationary period of each employee in the Department to investigate thoroughly the probationer's adjustment, performance and general acceptability to determine whether or not the probationer is fully qualified for permanent appointment. He/she shall be responsible for reports on the probationer's performance and conduct at the completion of every three calendar months during the probationary period, and within ten days of the end of the probationary period, or more frequently if deemed desirable by the Fire Chief or their designee. Such reports will be reviewed with the probationary employee by the rater. The probationary employee shall receive a copy of each report.
26.B. The final probationary report on each probationary employee shall include the Fire Chief's recommendation to the City Manager either to retain or reject the probationer. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.
27. PERFORMANCE EVALUATIONS
The City proposes that the Parties continue the current performance evaluation process without change with the recognition that performance evaluations are not subject to challenge via the grievance procedure.
28. HOLIDAYS
28.A. Bargaining unit members working a forty -hour week shall be allowed a fully paid leave of absence (8 hours) on the following named holidays:
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January President’s Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday Following
Christmas Day December 25
Day before Christmas or New Year’s Day
When a holiday falls on Sunday, the Monday following shall be considered as a
July 1, 2025 – June 30, 2028
holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday.
In addition to those holidays listed above, eligible employees shall be:
1. Granted one paid "floating holiday" per calendar year which may be taken at any time during the calendar year subject to the approval of the department head.
Said holiday must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year, and
2. Granted two (2) hours additional "floating holiday" time per calendar year, to be administered as in paragraph "1" above.
28.B. Firefighters working a fifty-six (56) hour week shall be compensated each pay period for holiday pay in equal amounts based on the following: fifteen (15) holidays times twelve (12) hours per holiday, divided by 24 pay periods..
The rate at which a fifty-six (56) hour employee is compensated for holiday pay shall be calculated on the employe’s base wage plus any applicable bilingual, longevity, and/or education incentive. The rate paid for 56-hour holiday pay has been in effect since at least January 1, 2021.
The fifteen (15) holidays consist of the fourteen (14) municipal holidays listed in section 28.A. and the day before Christmas.
29. DAILY STAFFING
The City agrees to constant staffing for seven (7) engine companies and one (1) ladder truck company. Each company shall be staffed with a minimum of three (3) Local 188 positions, consisting of one (1) Captain, one (1) Engineer, and one (1) Firefighter.
The City and Local 188 agree that if unforeseen events (i.e. injuries, unplanned long term absences, etc., above the projected norms) occur, the parties will meet to discuss what, if any, changes may be made to the staffing model outlined above.
30. EXERCISE EQUIPMENT
The City will repair exercise equipment owned by the City and located in City fire stations.
31. DRUG AND ALCOHOL ABUSE TESTING
The Fire Fighters' union and the City agree to utilize the testing protocol agreed to in
July 1, 2025 – June 30, 2028
December 1994, in the event that a member shows evidence of being under the influence of drugs or alcohol on the job.
32. MEETING REGARDING ADVANCED LIFE SUPPORT (ALS) PROGRAM
The City and Local 188 agree to meet on April 14, 2026, to discuss mutually relevant issues regarding the forthcoming establishment of the Richmond Fire Department’s Advanced Life Support (ALS) Program. The purpose of the meeting will be to identify issues that may be subject to meeting and conferring and to try to set a working schedule to meet and confer on such issues that will not delay the City’s roll out of the program.
33. FULL AGREEMENT/ZIPPER CLAUSE
This Agreement constitutes the full agreement between the parties regarding wages, hours, and terms and conditions of employment for bargaining unit members. This Agreement supersedes any and all other prior memoranda of understanding or side letters between the parties. During the term of this Agreement, the City shall not be required to negotiate over any Union proposal on any matter covered by this Agreement, and the Union shall not be required to negotiate over any of the provisions of this Agreement, except as required by this Agreement or any addendum thereto or as mutually agreed to by the City and the Union.
The City shall retain the right to propose and implement policies and programs and the Union shall retain the right to propose policies and programs, which do not conflict with the provisions of this Agreement, in accordance with the Meyers-Milias-Brown Act.
34. TERM
This Agreement shall be effective from July 1, 2025, through June 30, 2028.
For I.A.F.F. Local 188: For City of Richmond:
Ken Martin Lisa Charbonneau
Chief Negotiator Chief Negotiator
Marcus Faumui LaShonda White
President Deputy City Manager
July 1, 2025 – June 30, 2028
Carolyn Conry Nickie Mastay
Business Agent Deputy City Manager
Kelly Griffin Sharrone Taylor
Bargaining Team Member Director of Human Resources
Emily Combs
Director of Finance
Catherine Selkirk
Human Resources Manager
July 1, 2025 – June 30, 2028
Attachment A – Salary Schedule
Effective July 1, 2025 (5% increase)
Classification Monthly Salary*
Step 1 Step 2 Step 3 Step 4 Step 5
Firefighter
Trainee $6,390
Firefighter $9,963 $10,449 $10,958 $11,521 $12,072
Fire
Engineer $11,653 $12,229 $12,852
Fire
Captain $13,401 $14,063 $14,780
Fire Inspector
I $13,401 $14,063 $14,780
Fire Inspector
II $14,405 $15,118 $15,888
Deputy Fire
Marshal $15,853 $16,646 $17,478
*Monthly salary is displayed as rounded figures and is therefore approximate.
July 1, 2025 – June 30, 2028
ATTACHMENT B
Current City Administrative Policy 315 “Family, Medical, and Pregnancy Leave” Last revised April 2, 2025
I. Purpose
To define the City of Richmond’s policy and procedure with regard to family, medical, military caregiver, and pregnancy disability leave in accordance with State and Federal laws including Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and pregnancy disability leave provisions of the California Fair Employment and Housing Act (FEHA).
II. Definitions
CFRA: The California Family Rights Act. The California- specific law that provides certain employees with up to twelve (12) weeks of unpaid, job-protected leave per year.
Child:
1. Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day -to-day responsibility for care, and includes a biological, adopted, foster or step- child. A child is “incapable of self -care” if they require 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 and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.
2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self -care. An employee’s child means a biological, adopted, foster, step- child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
Covered Active Duty: (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 deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.
Covered Service Member: (1) a current member 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
July 1, 2025 – June 30, 2028
(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.
Designated Person: means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.
Domestic Partner: is another 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 state that is substantially equivalent to the California domestic partnership is also sufficient.
Family member: (1) for FMLA leave means an employee’s child, parent, and spouse; (2) for CFRA leave means an employee’s child, parent, parent -in-law, spouse, domestic partner, grandchild, grandparent, and sibling.
FMLA: The Family and Medical Leave Act. The federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.
Grandchild: means a child of the employee’s child.
Grandparent: means a parent of the employee’s parent.
Health Care Provider: means any of the following:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2. An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
3. A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (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. A nurse practitioner or nurse- midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
July 1, 2025 – June 30, 2028
5. A Christian Science practitioner 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.
Military Caregiver Leave: Leave related to a seriously injured or ill servicemember or veteran under the FMLA/CFRA.
Next of Kin of a Covered Service Member: means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.
Outpatient Status: means, with respect to a covered service member, the status of a member of the 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.
Parent: means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
Parent-in-law: means the parent of a spouse or domestic partner of the employee.
PDL: Pregnancy Disability Leave. California protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.
Qualifying Exigency: Leave related to the deployment of a military member under FMLA/CFRA.
Serious Health Condition: means an illness, injury impairment, or physical or mental condition that involves:
1. Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
July 1, 2025 – June 30, 2028
2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by 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; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over 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. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.
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:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of 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.
5. A period of incapacity that 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 health care provider.
July 1, 2025 – June 30, 2028
6. Any period of absence to receive 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.
Serious Injury or Illness: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred 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 the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) 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.
Sibling: means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
Spouse: means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.
Single Rolling 12- Month Period: means a rolling 12- month period measured backward from the date leave is taken and continuous with each additional leave day taken. Also known as the rolling backward method, each time an employee takes FMLA leave, the remaining leave entitlement is any balance of the 12 weeks which has not been used during the previous 12-Month Period.
III. Policy
The City provides family and medical care leave (including military caregiver and pregnancy disability leave) for eligible employees as required by federal and state law.
Employees who misuse or abuse these leaves may be disciplined, up to and including termination. Employees who fraudulently obtain or use CFRA/FMLA/PDL are not protected by those laws’ job restoration or maintenance of health benefits provisions.
IV. Eligibility and Entitlement
July 1, 2025 – June 30, 2028
A. Family and Medical Leave
Eligible employees are entitled to an unpaid FMLA/CFRA leave of absence of up to twelve (12) work weeks in a single rolling 12-month period, for one (1) or more of the following reasons:
1. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;
2. The birth of the employee’s child or to care for the employee’s newborn;
3. The placement of a child with an employee in connection with the adoption or foster care of a child. Foster care must be by a formal agreement between the foster parent and the State, County, or licensed foster care placement agency;
4. Leave to care for a child, parent, or spouse who has a serious health condition;
a. CFRA expands this leave to permit to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;
5. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation;
a. CFRA expands this leave to employee’s domestic partner who is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.
An employee is eligible for FMLA/CFRA leave if the employee has been employed by the City for at least twelve (12) months; and the employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
B. Military Caregiver Leave
Military caregiver leave is covered by FMLA. Eligible employees who are the spouse, son, daughter, parent, or “next of kin” of a covered service member of the U.S. Armed Forces shall be entitled to a combined total of twenty -six (26) weeks of unpaid leave to care for the servicemember who has a serious injury or illness: incurred in the line of duty while on active military duty; or that 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. This leave can run up to twenty-six (26) weeks of unpaid leave during a single 12- month period. If FMLA
July 1, 2025 – June 30, 2028
leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.
The first twelve (12) weeks may run concurrently with CFRA if the family member is covered under both CFRA and FMLA.
C. Pregnancy Disability Leave
All employees, regardless of the length of service, are entitled to take an unpaid Pregnancy Disability Leave (PDL) of up to four (4) months during the period of time that their health care provider determines they are actually disabled by pregnancy, childbirth or a related medical condition. PDL may be taken before and after birth during any period of time the employee is physically unable to work because of the pregnancy or pregnancy -related condition. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor - ordered bed rest, gestational diabetes, pregnancy -induced hypertension, preeclampsia, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.
PDL may be used up to the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on 37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.
PDL may be taken consecutively or intermittently. All leave taken in connection with a specific pregnancy counts toward computing the four-month period. PDL may be modified as an employee’s changing medical condition dictates.
[An employee affected by pregnancy, childbirth, or related medical condition may request a reasonable accommodation (for example, an adjustment or change to the work environment). Refer to AP 316 for information on reasonable accommodations.]
D. Child Bonding
While PDL provides protected leave to eligible employees disabled by pregnancy, the CFRA separately provides protected leave to eligible employees to bond with a new child. CFRA provides eligible employees up to twelve (12) weeks within one (1) year of the child’s birth, adoption, or start of foster care for child bonding. Both parents are entitled to bonding leave.
If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
July 1, 2025 – June 30, 2028
1. The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and
2. Each married parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.
As outlined in the applicable Memorandum of Understanding, all full-time employees granted a leave of absence as described above, shall receive four (4) weeks of paid parental leave.
Intermittent Leave or Reduced Leave Schedule
If an employee requests to use leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “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 may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
V. Minimum Duration of Leave
A. Birth, Adoption, Foster care Placement of Child: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child.
In addition, the basic minimum duration of such leave is two (2) weeks.
However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.
B. Serious Health Condition: If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.
VI. Compensation and Use of Concurrent Paid and Other Leaves
Leave under FMLA, CFRA, and PDL are unpaid. In addition to any paid leaves provided under an applicable Memorandum of Understanding, employees must use all paid accrued leaves concurrently with family and medical care leaves as described below.
A. Use of Accrued Paid Leave
July 1, 2025 – June 30, 2028
To remain in paid status, an employee who has been granted leave under this policy must concurrently use and exhaust all available and accrued paid leave in the following order:
• Employee’s own serious health condition: First sick leave, then vacation leave, then any and all other accrued paid time off.
• Serious health condition of a family member: Employee may elect to use sick leave. If an employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave.
• Birth of a child, to care for the newborn child, and/or for placement with the employee of a son or daughter for adoption or foster care: First vacation leave, then any and all other accrued paid time off other than sick leave.
Thereafter, the employee may elect to use sick leave.
• Qualifying Exigency: Vacation leave, then any and all other accrued paid time off other than sick leave.
• Caring for a covered service member: Employee may elect to use sick leave.
If employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave.
• Pregnancy Disability: First sick leave must be used and exhausted.
Thereafter, the employee may elect to use vacation leave or any other accrued paid time off.
Exception: Employees are not required to use accrued paid time off during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit.
Any leave used under this policy, where paid leave is also concurrently used, shall count toward the cap on leave entitlements.
If an employee requests to utilize accrued vacation leave or accrued paid time off without reference to a FMLA/CFRA/PDL qualifying purpose, the City may not ask the employee if the leave is for a 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/PDL qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
B. Paid vs. Unpaid Leave
July 1, 2025 – June 30, 2028
An employee on paid leave will continue to accrue sick leave and vacation leave at their normal rate. An employee on unpaid leave will not accrue leave.
C. Concurrent Leaves
Unless otherwise provided by law, if an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave.
Military: FMLA leave taken due to a qualifying exigency will not run concurrently with leave under the CFRA. However, military caregiver leave taken to care for a family member or next of kin who is a covered service member will run concurrently with leave under the CFRA, unless the covered service member is a next of kin that is not considered a family member under the CFRA.
Pregnancy: FMLA will run concurrently with PDL. CFRA will not run concurrently with PDL.
Temporary Disability: A leave of absence taken pursuant to Workers' Compensation Law or a temporary disability benefit plan (State Disability Insurance or other) shall also be counted, to the extent that such leave of absence qualifies, as family and medical leave or pregnancy disability leave under this policy and related law. FMLA leave does not run concurrent with leave taken for peace officers and firefighters under Labor Code Section 4850.
VII. Benefits While on Leave
Whether the employee uses accruals to remain in paid status or is on unpaid leave pursuant to the leaves in this policy, the City will continue to provide any group health insurance coverage that was provided to the employee before the leave, under the same terms and conditions as if the employee continued actively working during the period for up to twelve (12) weeks for FMLA/CFRA leave (up to 26 weeks for military caregiver leave).
If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain their coverage while they are disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on
37.5 hour per week times 17 1/3 weeks. An employee who works less than full- time will receive a pro rata or proportional amount of leave.
July 1, 2025 – June 30, 2028
The employee will continue to be responsible for the employee share of medical coverage, if applicable. Failure to do so may result in loss of coverage. The City will cease to maintain the employee’s health coverage if an employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease. The employee is responsible for all health care coverage costs for absences or time away from work exceeding the leave entitlements of this policy.
While on unpaid leave pursuant to this policy, employees will continue to be covered by the City’s benefits plans that are not part of its group health plan (e.g., life, short-term, or long-term disability insurance, retirement and pension plans) for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job.
If the employee fails to return to work after their leave entitlement has been exhausted or expires, the City will 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, reoccurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.
Seniority: An employee retains employee status during any leave, herein, and is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employe benefit plan. An employee’s hire date and service date will not be adjusted as a result of leave authorized pursuant to this policy. The review date for performance and step/merit increases shall be subject to adjustment based on the applicable Memorandum of Understanding.
Union Dues: The employee is responsible for maintaining dues to the applicable employee association, if required.
VIII. Procedure for Requesting/Granting Leave
A. Notification
An employee is responsible to request family, medical, or pregnancy disability leave.
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their
July 1, 2025 – June 30, 2028
supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.
If thirty (30) days’ advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practicable.
B. Application and Certification
An employee requesting leave must complete a Request for Leave Application and return it to Human Resources at least thirty (30) days before the leave begins, when possible. In the case of an unforeseen event or incapacitation, notification must be made by the employee or the employee's authorized representative to Human Resources as soon as the need arises and no later than two (2) business days after leave has commenced.
The Human Resources Department will send an eligibility notice to the employee within five (5) working days of receipt of the employee's request for family, medical, or pregnancy disability leave or within (5) working days of acquiring knowledge of the need for such leave. Once the eligibility notice is received. the employee must submit proper medical certification to the Human Resources Department before the leave begins in the case of a foreseeable event. In the case of an unforeseeable event, proper medical certification as described below must be submitted to Human Resources within fifteen (15) calendar days of receipt of eligibility notice. Failure of the employee to provide timely or incomplete medical certification may defer or even disqualify requests for FMLA leave.
Birth of a Child or Placement with Employee for Adoption or Foster Care: An application for leave for the birth, adoption, or foster care placement of a child must be accompanied by a birth certificate or other appropriate documentation.
Employee’s Own Serious Health Condition: An application for leave based on an employee’s own serious health condition must be accompanied by a Medical Certification Form completed by the applicable health care provider containing all of the following:
1. The date, if known, when the serious health condition commenced;
2. The probable duration of the condition; and
3. A statement that the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position due to the condition.
July 1, 2025 – June 30, 2028
Upon expiration of the time period the health care provider originally estimated that he employee needed for their own serious health condition, the employee must obtain recertification if additional leave is request.
Family Member Serious Health Condition: An application for leave based on the need to care for a family member (as defined) who has a serious health condition must be accompanied by a written certification from the health care provider of the family member requiring care that contains all of the following:
1. The date, if known, when the serious health condition commenced;
2. The probable duration of the condition;
3. An estimated amount of time that the health care provider believes the employee needs to care for the family member; and
4. A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the family member.
Upon expiration of the 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.
Service Member Serious Injury or Illness: An application for FMLA leave to care for a covered service member who is a child, spouse, parent, or “next of kin” of the employee must be accompanied by written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.
Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the employee must provide their immediate supervisor with military orders, or other appropriate documentation issued by the military that indicates 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 status. A copy of the new active-duty orders or similar documentation will 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 and CFRA regulations.
Pregnancy Disability: An application for leave due to pregnancy disability must be accompanied by written certification from the attending physician stating:
1. The employee is disabled from working by pregnancy, childbirth, or a related medical condition;
2. The date when the employee became disable by pregnancy, childbirth, or related medical condition; and
3. The estimated duration or end date of the leave.
All medical information provided by the employee shall be maintained in a confidential manner by Human Resources and disclosed only to the extent necessary to process the request for leave and in conformance with law.
July 1, 2025 – June 30, 2028
An employee must sufficiently explain the purpose of the leave so that Human Resources can determine whether it qualifies as family or medical leave or pregnancy disability leave. This explanation is necessary even if accrued paid leave (e.g. vacation or sick leave) shall be used concurrently with the otherwise unpaid leave under this policy. If necessary, any leave already taken may be retroactively designated as family and medical leave, pregnancy disability leave, or military caregiver leave. Human Resources shall process the leave request in consultation with the employee's supervisor and, if necessary, with the Department Head. Employees who take intermittent leave should make a reasonable effort to schedule such treatment to minimize disruption to the workplace.
IX. Director of Human Resources’ Review of an Employee’s Medical Certification for Employee’s Own Serious Health Condition
An employee must provide a medical certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or nonresponsive. If the certification is incomplete or insufficient, the Director of Human Resources or designee will give the employee written notice of the deficiencies and seven (7) days to cure, unless a longer period is necessary considering the employee’s diligent, good faith efforts to address the deficiencies.
After giving the employee an opportunity to cure any deficiencies, the Director of Human Resources or designee may contact the health care provider who provided the certification to clarify or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the provider who signed the form. “Clarification” means contacting the provider to understand the handwriting on the certification or to understand the meaning of the response. The Director of Human Resources or designee may not ask for additional information beyond that which is required on the certification form.
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, 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. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.
July 1, 2025 – June 30, 2028
X. Return to Work and Reinstatement
A. Periodic Reporting: 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.
B. Release: Upon completion of leave due to the employee’s own serious health condition or because of pregnancy disability, the employee must provide the City with a written notice from the health care provider releasing the employee to return to work. Failure to provide such certification will result in denial of reinstatement.
C. Return to Work: An employee on leave is expected to return to work on the next workday following the last day of the approved leave period.
D. 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 they return to work. If the return-to-work date differs from the original agreement, or if no agreement was made, the City must reinstate the employee within two (2) business days of being given notice that the employee intends to return, or as soon as reasonably possible thereafter to expedite the employee’s return to work.
E. Reinstatement to Same or Equivalent Position: Upon return, the employee will be reinstated to their original position, so long as it was not eliminated for a legitimate business reason during the employee’s leave. If the employee’s original position is no longer available, the employee will be assigned to an equivalent, open position with equivalent benefits and pay.
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/PDL period.
F. Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.
G. Disability: If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation that will allow the employee to perform the essential functions of their job, in accordance with policy.
July 1, 2025 – June 30, 2028
XI. Additional Leave
Employees who desire leave over and beyond family, medical, military caregiver, and pregnancy disability leave as defined in this policy may request leave of absence with pay using accrued leave, or leave of absence without pay, in accordance with the applicable Memorandum of Understanding.
July 1, 2025 – June 30, 2028
MEMORANDUM OF UNDERSTANDING
CITY OF RICHMOND AND LOCAL 188
INDEX
Acting Pay ............................................................................................................... 15 Active Employee Benefit Account .......................................................................... 32 Advanced Skills Incentive ...................................................................................... 18 Attendance .............................................................................................................. 23
Bereavement Leave ................................................................................................ 24 Binding Arbitration ..................................................................................................... 7 Binding Arbitration-Time Limits ................................................................................. 8 Bilingual Pay ........................................................................................................... 15 Bumping –Layoffs ................................................................................................... 37
Cafeteria Option ...................................................................................................... 34 City Rights ................................................................................................................ 6 Court Appearances ................................................................................................. 31
Demotion ................................................................................................................ 11 Dental Plan ............................................................................................................. 34 Departmental Rights ................................................................................................. 6 Doctors Certification of Disability ............................................................................ 25 Drug and Alcohol Abuse Testing............................................................................. 40 Duty Cycle .............................................................................................................. 20 Duty Days ............................................................................................................... 20 Duty Shift ................................................................................................................ 20
Employee Rights ....................................................................................................... 4 Education Incentive ................................................................................................. 19 Exercise Equipment ................................................................................................ 40
Family and Medical Care Leave.............................................................................. 27 Family Sick Leave ................................................................................................... 25 Fire Inspectors/Investigators ................................................................................... 21 Flexible Benefits Plan ............................................................................................. 35 Floating Holiday ...................................................................................................... 40 Full Agreement........................................................................................................ 41
Grievance-Definition ................................................................................................ 6 Grievance-General Provisions .................................................................................. 9 Grievance Procedure ................................................................................................ 7 Grievance-Time Limits .............................................................................................. 7
July 1, 2025 – June 30, 2028
Health Benefits........................................................................................................ 31 Holidays .................................................................................................................. 39 Hours ...................................................................................................................... 20
Indirect Pay Allowances .......................................................................................... 15 Inspectors Schedule ............................................................................................... 21 Investigators Schedule ............................................................................................ 23
Jury Duty Leave ...................................................................................................... 30
Layoff ...................................................................................................................... 36 Layoff-Bumping ....................................................................................................... 37 Layoff-Order ............................................................................................................ 36 Leaves of Absence ................................................................................................. 24 Leaves of Absence Without Pay ............................................................................. 24 Leaves of Absence With Pay .................................................................................. 24 Life Insurance ........................................................................................................ 35 Long Term Disability Insurance .............................................................................. 35 Longevity Pay ......................................................................................................... 18
Medical Plans ......................................................................................................... 31 Military Leave .......................................................................................................... 30
Nepotism Policy ...................................................................................................... 37 No Discrimination ...................................................................................................... 4 No Strike ................................................................................................................... 6
Occupational Health, Safety & Wellness Programs ................................................ 36 Overtime ................................................................................................................. 11 Overtime-Definitions ............................................................................................... 11 Overtime-Procedures .............................................................................................. 13 Overtime-Rate of Compensation............................................................................. 12
Parental Leave ........................................................................................................ 26 Part-Time Employment ........................................................................................... 13 Payment for Unused Sick Leave ............................................................................. 25 Performance Evaluations ........................................................................................ 39 Probationary Performance Reports ......................................................................... 39 Probationary Period ................................................................................................ 38 Promotion-Effect Upon Rate of Compensation ....................................................... 11
Recognition ............................................................................................................... 3 Release During Probation ....................................................................................... 37 Release Time ............................................................................................................ 4 Resignation ............................................................................................................. 37 Retiree Medical ....................................................................................................... 32
July 1, 2025 – June 30, 2028
Retirement Plan ...................................................................................................... 35
Safety Training ........................................................................................................ 36 Salaries ................................................................................................................... 10 Salary-Advancements and Promotions ................................................................... 10 Salary Changes ...................................................................................................... 10 Salary Designations ................................................................................................ 10 Salary-Effects of Certain Personnel Actions ........................................................... 10 Salary-Effect of Leave Without Pay Upon Salary Adv ............................................. 11 Salary-Eligibility for Salary Advancement ............................................................... 11 Salary Schedule ...................................................................................................... 43 Severance Pay........................................................................................................ 37 Shift Holdovers........................................................................................................ 13 Sick Leave .............................................................................................................. 25 Stress Reduction..................................................................................................... 36 Supplemental Pay ................................................................................................... 18
Term of Contract ..................................................................................................... 41
Uniform Allowance .................................................................................................. 18 Union Dues ............................................................................................................... 3
Vacation .................................................................................................................. 27 Vacation Leave Limitations ..................................................................................... 28 Vision Plan .............................................................................................................. 35
Workers Compensation .......................................................................................... 13
Zipper Clause ......................................................................................................... 41