Side Letters/Modification
to MOUs, Terms of
Employment, and
Schedule of Benefits for
All Employees
City Council
June 20, 2023
Proposed Amendments to the MOUs,
Terms of Employment and Schedule of
Benefits
PROPOSED AMENDMENT #1 - CALIFORNIA FAMILY RIGHTS ACT:
Effective January 1, 2023, AB 1041 amended the California Family Rights Act and the Healthy Workplaces, Healthy Families Act (Labor Code section 245 et al.) to add a “designated person” (meaning a person identified by the employee at the time the employee requests paid sick days) to the definition of family member.
The new law expands the class of people for whom an employee may take leave to provide care to include a designated person.
The current definition of family member in current MOUs and Terms of Employment for unrepresented groups does not include a “designated person”.
Proposed Amendments to the MOUs, Terms of
Employment and Schedule of Benefits, Cont’d
PROPOSED AMENDMENT #2 –BEREAVEMENT LEAVE:
In addition, effective January 1, 2023, AB 1949 entitles eligible employees to five days of bereavement leave.
Currently the Memoranda of Understanding for represented employees and Terms of Employment/Schedule of Benefits for unrepresented and contract employees provide one full work week of paid bereavement leave.
For employees on the 8/75 or 9/75 work schedule, where one full workweek for an employee is less than five (5) work days, the proposed amendment provides that such employee may take one additional day of bereavement leave for the death of an immediate family member for a total of five (5) working days. The additional day shall be unpaid or the employee may use accrued paid leave.
Staff Recommendation
Proceed with Adoption of Resolution Approving the proposed changes to the MOUs, Terms of Employment, and Schedule of Benefits for all represented and non-represented employees in compliance with changes in state law.
Declaration under California Government Code
Section 54953(c)(3):
As explained during prior item on this evening’s agenda, Government Code section 54953, subsection (c)(3) requires that, before taking final action, the City Council orally report a summary of the recommendation changes to the salaries, salary schedules, or compensation paid in the form of fringe benefits of local agency executives. Therefore, I am reporting the following summary regarding such items appearing on the agenda.
Item #23-252, pertains to final action by the City Council regarding the recommendation to approve the following changes to compensation for both City executive and non-executive employees:
(1) Include “designated person” (meaning a person identified by the employee at the time the employee requests paid sick days) to the definition of family member for purposes of requesting leave time.
Declaration under California Government
Code Section 54953(c)(3) Cont’d:
(2) Provide for employees on a 8/75 or 9/75 work schedule, where one full workweek for an employee is less than five (5) work days, such employee may take one additional day of bereavement leave for the death of an immediate family member for a total of five (5) days. The additional day shall be unpaid or the employee may use accrued paid leave.
Questions?