TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Jennifer Schembri
SUBJECT: See Below DATE: October 9, 2024
Approved
Date:
10/10/24
COUNCIL DISTRICT: Citywide
SUBJECT: Approval of the Terms of a Side Letter Agreement with the San José Police Officers’ Association (SJPOA) Relating to the City-Paid Parental Leave Program
RECOMMENDATION
Adopt a resolution approving the terms of a Side Letter Agreement between the City and the San José Police Officers’ Association (SJPOA) to amend the City-Paid Parental Leave Program and authorizing the City Manager or her designee to execute an agreement with those terms.
SUMMARY AND OUTCOME
Adoption of the resolution will approve a Side Letter Agreement to amend the City-Paid Parental Leave Program with the SJPOA. Full-time employees represented by the SJPOA will receive a maximum total of 320 hours of paid time off and will be eligible to use up to a maximum total of 120 hours of their available sick leave for eligible births, adoptions, or foster care placements that occur on or after January 1, 2024.
BACKGROUND
In 2023 and 2024, through the collective bargaining process, the City reached agreements with all City bargaining units to increase City-Paid Parental Leave from a maximum total of 40 hours to a maximum total of 320 hours for eligible full-time employees. These changes were not negotiated with the SJPOA at that time, as the Memorandum of Agreement between the City and the SJPOA does not expire until June 30, 2025.
COUNCIL AGENDA: 10/22/24
FILE: 24-2081
ITEM: 2.7
HONORABLE MAYOR AND CITY COUNCIL
October 9, 2024
Subject: Approval of the Terms of a Side Letter Agreement with the San José Police Officer’s Association (SJPOA) Relating to the City Paid Parental Leave Program
On September 25, 2024, the City and the SJPOA reached a Side Letter Agreement with terms that are consistent with those reached with the City’s other bargaining units, which will provide parity across the organization as it relates to the amount of City-paid parental leave hours available for eligible full-time employees and improve the administration of the program. (Attachment - Side Letter Agreement – City-Paid Parental Leave Program.)
ANALYSIS
Adoption of the Administration’s recommendation will result in eligible full-time employees receiving a maximum total of 320 hours of paid time off and the ability to use up to a maximum total of 120 hours of their available sick leave for eligible births, adoptions, or foster care placements that occur on or after January 1, 2024. For the period of January 1, 2024, through the effective date of the Side Letter Agreement, no retroactive timecard adjustments will be allowable and any additional City-Paid Parental Leave hours as provided for in the agreement may only be used on a prospective basis.
The terms of the Side Letter Agreement will be reflected in the City’s Administrative Policy Manual.
City-Paid Parental Leave and use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12-months from the birth, adoption, or placement of the child.
EVALUATION AND FOLLOW-UP
No additional follow-up action with City Council is expected at this time.
COST SUMMARY/IMPLICATIONS
It is anticipated there will be no additional ongoing costs for the City-Paid Parental Leave Program. However, there potentially may be additional costs associated with backfilling positions that will be on leave. The San José Police Department will absorb, to the extent possible, any additional costs.
COORDINATION
This memorandum was coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
HONORABLE MAYOR AND CITY COUNCIL
October 9, 2024
Subject: Approval of the Terms of a Side Letter Agreement with the San José Police Officer’s Association (SJPOA) Relating to the City Paid Parental Leave Program
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the October 22, 2024 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
Jennifer Schembri
Deputy City Manager
The principal author of this memorandum is Elsa Cordova, Deputy Director, City Manager’s Office of Employee Relations. For questions, please contact [email protected] or (408) 535-8159.
ATTACHMENT – Side Letter Agreement – City-Paid Parental Leave Program
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
_ THE SAN JOSE POLICE OFFICERS’ ASSOCIATION
City-Paid Parental Leave Program
The City of San Jose and the San Jose Police Officers’ Association (POA) hereby agree to the following changes to the City-Paid Parental Leave Program:
Full-time employees shall be eligible for City-Paid Parental Leave and are subject to the terms and conditions of the City of San Jose’s Paid Parental Leave Policy.
Effective January 1, 2024, for eligible births, adoptions, or foster care placements, full- time employees will receive a maximum total of three hundred and twenty (320) hours of paid time off and shall be eligible to use up to a maximum total of one-hundred and twenty (120) hours of their available sick leave for City-Paid Parental Leave reasons. e For the period of January 1, 2024 through the effective date of this agreement, no retroactive timecard adjustments will be allowable and any additional City-paid parental leave hours as provided herein may only be used on a prospective basis.
City-Paid Parental Leave and the use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12 months from the birth or placement of child.
The parties hereby agree to incorporate the language in this Side Letter into any successor agreement reached between the City and the POA. This agreement shall become effective when signed by all parties below and approved by the City Council in open session.
FOR THE CITY: FOR THE UNION:
AbMAGK. 09/24/24
Elsa Cordova Date Steve Slack
ih Director of Employee Relations President, SJPOA
=
Pdul Joseph Date
Acting Chief of Police
Date
9/25/2024
9/25/2024