J. Smartphone: A cellular phone that is characterized as a wireless telephone set with special computer-enabled features, such as e-mail, text-messaging, Internet, Web browsing, fax, PIM, and LAN connectivity that provides computing and information storage and retrieval capabilities for personal or business use. Examples include Android, iPhone, and other data-enabled devices running mobile software.
K. Social Networking Sites: Any web-based URL site that allows for the public or private 287
3 posting of messages, photos, or videos. Social networking sites include, but are not limited to, Facebook, LinkedIn, Twitter, YouTube, Yelp, and Instagram.
L. Standards: Departmental directions or instructions describing how to achieve policy.
M. Users: Any person using the City’s Electronic Communications Systems.
N. Vendors: Any private person or business enterprise doing business with the City.
O. Wi-Fi cellular phone: A cellular telephone that can automatically switch between conventional cellular and Wi-Fi VoIP modes, even during the course of a conversation. A Wi-Fi LAN acts, in effect, as a cellular repeater for such a phone.
III. POLICY AND PROCEDURES
A. Access of Electronic Communications Systems.
1. No regular, probationary, temporary, seasonal, or contractual City employee or volunteer shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All employees, Councilmembers, Commissioners, and volunteers provided access to the City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage shall be given a copy of this and all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance.
B. No Right of Privacy.
The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment or supplies. Employees should be aware that the terms of this Policy limit their privacy in the workplace.
The City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage are City property and are intended for City business. All Electronic Communications and Electronic Storage within these systems are the property of the City, regardless of the content, including any personal communications. The City reserves the right to monitor the Electronic Communications Systems for any reason at any time without notice to the user(s), including the right to review, audit, and disclose all matters and content sent over and/or stored on Electronic Communications Systems.
As a result, employees should be aware that no Electronic Communications transmitted on the Electronic Communications Systems, or Electronic Storage contained within the systems, is private or confidential. Employees do not have an expectation of privacy with respect to any use, including storage, business or personal, of the City’s Electronic Communications Systems.
288
4 Employees should be aware that Electronic Communications and/or Electronic Storage can be copied, modified, and/or forwarded to others without the express permission of the original author. Therefore, employees must use caution in the storage, transmission, and dissemination of Electronic Communications outside of the City and must comply with all state and federal laws. Electronic Communications and/or Electronic Storage of the City may be recognized as official records in need of protection/retention in accordance with state and federal laws. All electronic communications are subject to the Personnel Rules and all state and federal laws, including but not limited to the California Public Records Act, open meeting laws, and the federal Electronic Communications Privacy Act.
C. Passwords.
All passwords created by the user or issued to the user are for the purpose of communication and are not to be shared, given, or otherwise disclosed to any other person.
Passwords must not be shared and may be changed periodically by the City to ensure security. All security features contained within the City’s Electronic Communications Systems, such as passwords, codes, or delete functions, will not prevent the City from accessing employees’ business or personal Electronic Communications, stored or otherwise, on the City’s Electronic Storage Systems.
D. Appropriate Use of Electronic Communications Systems.
The City’s Electronic Communications Systems are designed to facilitate City business and communication through the appropriate use of the Electronic Communications Systems and Electronic Storage thereon. The City values its Electronic Communications Systems and Electronic Storage, and takes measures to safeguard them from corruption and illegal use, and to protect the City from any possible liability due to illegal use of the Electronic Communications Systems and Electronic Storage.
1. No user shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All users requesting authorization to access the City’s Electronic Communications Systems, Electronic Communications, and/or Electronic Storage shall be given a copy of all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance with those policies.
E. Improper Use of Electronic Communications Systems.
It is the responsibility of each City employee to use the City’s Electronic Communications Systems in a professional and courteous manner. The City forbids the use of its Electronic Communications Systems in a manner that violates any law, regulation, ordinance, or policy or procedure of the City. Electronic Communications Systems should not be used in any way that is offensive, harmful, or insulting to any person. Examples of prohibited uses include, but are not limited to:
1. Illegal activities;
289
5 2. Solicitation of funds;
3. Political messages or transmissions;
4. Messages or transmissions that violate the City’s Policy Against Harassment, Discrimination, Retaliation and Abusive Conduct based on gender, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital status, sexual orientation, gender expression or identity, age, pregnancy, childbirth, related medical condition, reproductive health decision-making, or military or veteran’s status, or any other basis protected by applicable federal, state or local law;
5. Messages or transmissions that violate the City’s personnel rules, and/or another policy of the City, including, but not limited to, policy against workplace violence or drug-free workplace policies; or
6. Any other message or transmissions which are in any way inappropriate.
F. Personal Use of Electronics Communications Systems.
The City’s Electronic Communications Systems are primarily for the conduct of City business. Limited, occasional, or incidental use of the electronic communications systems (either furnished by the City or property of the employee) for personal, non-business purposes is permitted only under the following circumstances:
1. Personal use may not interfere with the productivity of the employee or his/her coworkers;
2. Personal use may not involve any prohibited activity described in this Policy;
3. Personal use may not involve conduct that is prohibited under other City Policy or Rule;
4. Personal use may not disrupt or delay the performance of City business;
5. Personal use may not consume City resources or otherwise deplete system resources available for City business purposes;
6. Personal use may not be used for personal employee gain or commercial ventures;
7. Personal use may not support or advocate non-City-related business purposes.
If an employee’s personal use of the City’s Electronic Communications Systems results in a cost to the City, the cost must be reimbursed to the City by the employee.
G. Retention of Electronic Communication.
No electronic communication shall be considered by the City to be retained in the ordinary course of business, with the exception of electronic communication containing content 290
6 required to be retained by law.
It is the responsibility of the creator to determine if an electronic communication sent internally should be classified as a record that requires retention in accordance with the City Council-approved Records Retention Schedule. It is the responsibility of the recipient of an electronic communication received from outside City sources to determine if an electronic communication should be classified as a record that requires retention in accordance with the City Council-approved Records Retention Schedule. Once retention status is determined, transfer of the electronic communication to a printed hard copy is required prior to deletion or purge from the electronic communication system.
H. Access of Another Person’s Electronic Communications.
Employees may not intentionally intercept, eavesdrop on, record, read, alter, retrieve, receive, send, or use another person’s Electronic Communications and/or Electronic Storage without proper authorization. Employees, including system administrators and Supervisors, may not, without proper authorization, peruse Electronic Communications and/or Electronic Storage of other employees. Proper authorization may be granted as set forth in Section III-I of this policy.
I. Requests for Access to Employees’ Data, Messages, and Phone Records.
Employees may not intentionally intercept, eavesdrop on, record, read, alter, retrieve, receive, send, or use another person’s Electronic Communications, Electronic Communications Systems, or Electronic Storage Systems without proper authorization.
Employees, including system administrators and supervisors, may not, without prior authorization from the City Manager, peruse Electronic Communications or Electronic Storage Systems of other employees.
Requests for access into an employee’s individual data, messages, and phone records will be made to the City Manager. The City Manager may grant such request and direct appropriate action.
J. City-Wide Website Policies.
The City’s website, including all domains owned and maintained by the City, represent a fundamental communication tool for providing critical City information to the public. The goal of the website is to encourage increased participation in City government and to help create a more vibrant community for residents and visitors alike. Toward that end, the development and use of the City’s sites are guided by the Website Policy:
1. The City Manager is responsible for the creation and implementation of the City website, ensuring compliance with the City’s policies regarding the website, and maintaining and securing the City’s servers and website.
2. To preserve the public nature of the City’s website and to avoid any perception that the City endorses or provides favorable treatment to any private person or business enterprise (hereinafter collectively referred to as “vendor”), no corporate or 291
7 commercial logos or links to vendor sites will be allowed on the City’s external website, unless such link represents a mission critical partnership and is permitted by the City Manager.
3. Vendors that create or maintain a website for the City must follow all policies established for the City’s website.
4. The City’s website is for “official use” only. All information disseminated through the City’s website must be related to the official duties and responsibilities of employees and City departments.
5. The California Public Records Act applies to information processed, sent, and stored on the Internet. Confidential information should not be posted on the City’s external website. The City Manager must approve all posted information.
6. No City employee or official may use any City website for campaign-related purposes. Such campaign-related purposes include, but are not limited to, the following: statements in support or opposition to any candidate or ballot measure; requests for campaign funds or references to any solicitations of campaign funds; and references to the campaign schedule or activities of any candidate. No City official’s website may be linked to any private website related to a candidate’s campaign for elective office, but it may link directly to the home page of the Office of the City Clerk’s election-related pages, where general election and candidate information can be found.
K. Internet Usage Policies.
1. Authorization for Internet Access. Authorization for Internet access must be obtained through the employee’s supervisor. Once authorization is approved, the employee is responsible for the security of his/her account password and will be held responsible for all use or misuse of his/her account. Users must maintain secure passwords.
2. General Provisions. The City reserves the right to limit access to certain sites deemed inappropriate. Access may be monitored at the request of a Department Head. Should the need arise, you are obligated to cooperate with any investigation regarding the use of your computer equipment.
Questions regarding confidential or proprietary information should be directed to the City Manager. City management has the right to monitor and log all transactions in or out of the system. All security features contained within the City’s Electronic Communication Systems, such as passwords, codes, or delete functions, will not prevent the City from accessing employees’ Electronic Communications, stored or otherwise, on the systems.
3. Appropriate Use of the Internet. Employees who are granted access to the Internet are expected to use this access in a professional and courteous manner. The prohibited uses of Electronic Communications Systems described in this Policy 292
8 apply to the use of the Internet. All users should be aware that appropriate use of the Internet includes, but is not limited to, the following rules:
(a) Never use an account assigned to another user.
(b) Never make an unauthorized attempt to enter any computer. (c) Never post, send, or provide access to any confidential City materials or information, unless authorized.
(d) Never post, send, or provide videos or still footage taken during working hours and/or during the course of employment to any social networking website.
4. Improper Use of the Internet. Employees should be aware that the improper use of the Internet also includes, but is not limited to:
(a) Disclosing confidential information obtained in the course of employment; (b) Accessing websites or online content that may degrade, hamper, or impede on the performance and/or capacity of the City’s Electronic Communication Systems;
(c) Accessing gross, indecent, obscene, harassing, pornographic, or sexually explicit materials;
(d) Accessing gambling sites;
(e) Accessing illegal drug-oriented sites; and
(f) The representation of yourself as someone else, real or fictional.
5. Social Networking Sites.
(a) Personal Use of Social Networking Sites. Except as is consistent with Section F of this Policy, the City does not condone the personal use of social networking sites during the workday or by using City-owned equipment.
Employees are also reminded and cautioned that information posted on a social networking site may not be private or confidential. Employees are also reminded and cautioned that information posted on a social networking site may be used as evidence in administrative or legal proceedings. An employee’s use of social networking sites in a manner that violates City Rules or Policies will not be tolerated by the City and may be grounds for disciplinary action, up to and including termination.
(b) Official City Use of Social Networking Sites. The City may elect to use social networking sites to communicate with the public. Such official use of social networking sites is regulated by the City Manager. No department 293
9 in the City may establish a presence on any social networking site without the advanced approval of the City Manager.
No employee is authorized to post information on behalf of the City on any social networking site without the express, written permission of the City Manager or, in the case of a department-specific site, the respective Department Head. Department Heads may also designate another employee to be responsible for the maintenance of the department’s social networking site. Unauthorized posting on behalf of the City will not be tolerated.
L. Employee Terms of Use for City-Issued Phones
City-issued phones are provided for conducting City business. All telephone equipment (land-line phones and cellular phones) shall be issued to personnel according to the needs defined in their job descriptions.
The use of phones by employees for making personal calls may be permitted, subject to the provisions of this Policy, if it does not interfere with the conduct of City business. The use of City’s phones must be in accordance with the following procedures and the procedures contained in the City’s Cell Phone Use Policy:
1. All calls should be limited to the shortest amount of time necessary to conduct City business.
2. All City employees must continuously strive to minimize costs.
3. Employees are not allowed to use City-issued phones in an illegal, illicit, or offensive manner.
4. Employees are not allowed to use City-issued phones to conduct personal for-profit business.
5. Safeguarding issued equipment is the responsibility of the individual employee.
Misuse or abuse of equipment may be cause for disciplinary action and/or cost reimbursement.
6. Features on cellular phones such as directory assistance, busy signal confirmations, text messaging, and emergency interruptions should only be used for official City business and only when absolutely necessary. Misuse or negligent use of these features may be cause for disciplinary action and/or cost reimbursement.
7. Employees are not allowed to operate cellular telephones, tablets, PDAs, laptop computers, navigational devices, or any other devices that may cause driver distraction when driving a City vehicle or when driving a private vehicle being used to conduct City business. Employees shall make every attempt to properly park their vehicle prior to using such devices. The only exception to this rule is if the employee uses a hands-free device.
294
10 M. City-Issued Phone Monitoring
On an annual basis, the Department Heads may review which employees have cell phones and whether or not they still need them.
Department Heads are responsible for documenting the issuance of a cell phone, its accessories, and ensuring that they are returned once the employee has exited the department. All equipment must be returned in good working condition, excluding reasonable wear and tear. Employees may be held financially responsible for unreturned equipment.
N. Information and Assistance
Any employees experiencing difficulties in the use of City’s Internet services or in interpreting or implementing the Policy on the Use of Electronic Communications are encouraged to contact the Human Resources Office.
O. Violation of Policy
Violations of this Policy shall be reported to the City Manager and/or the appropriate Department Head. Any employee who accesses the City’s Electronic Communications Systems without complying with the procedures set forth in this Policy or otherwise violated this Policy may be subject to disciplinary action, up to and including termination, as provided for in the City’s Personnel Rules and Regulations. In addition, misuse of the Electronic Communications Systems may, in appropriate cases, be referred for criminal prosecution.
P. Lost, Stolen, or Damaged Electronic Equipment
Employees are responsible for the safe and proper use of city-owned electronic equipment, ensuring it is maintained in good working order and protected from damage or loss.
Reporting Procedures: Employees must submit a written memo for any incident of loss, theft, or damage to their supervisor and the IT department as soon as possible. Employees must provide as much detail as possible in their report, including the date, time, and location of the incident, as well as any relevant information about the equipment. In the event of loss or damage equipment, the City will determine whether to replace or repair the equipment, and will inform the employee of the decision.
In cases where damage or loss is determined to be due to employee negligence or misuse, the employee may be held responsible for the cost of repair or replacement.
Consequences of Non-Compliance
Disciplinary Action:
Failure to comply with this policy may result in disciplinary action, up to and including termination of employment.
295
11 Cost Recovery:
Employees may be required to reimburse the company for the cost of repair or replacement of damaged or lost equipment, particularly if the damage or loss is due to employee negligence or misuse.
296
12 CITY OF SOLEDAD
ACKNOWLEDGEMENT OF
POLICY ON THE USE OF ELECTRONIC COMMUNICATIONS
This will acknowledge that I have received, read, and understand the City of Soledad’s Policy on the Use of Electronic Communications. I am aware that violation of this Policy may result in disciplinary action, up to and including termination. I understand this signed acknowledgement will be maintained in my personnel file.
I recognize and understand that the City’s Electronic Communications Systems are to be used primarily for conducting City business. I am aware that I have no expectation of privacy or confidentiality when using the City’s Electronic Communications Systems and/or Electronic Storage. I understand that the City has, and will exercise, the right to monitor, review, copy, and/or disclose all matters on the City’s Electronic Communications Systems and/or Electronic Storage at any time, with or without notice to me, and that such access may occur during or after working hours. I realize that the use of a password or other security features does not restrict the City’s access.
I also hereby consent that the City may monitor, review, and/or copy any information, both personal and business-related, on the City’s Electronic Communications Systems and/or Electronic Storage at any time, and may, without further notice, disclose that information to a third party, including law enforcement agencies.
My signature below further signifies that I have read this Policy and that I accept and agree to comply with all of its provisions.
PRINT FULL NAME ___________________________________________________ SIGNED ____________________________________________________________ DATE ______________________________________________________________ [RETAIN IN EMPLOYEE PERSONNEL OR OTHER APPROPRIATE FILE] 297
Temporary Part-Time Employee
Leave of Absence Manual
September 2025
298
1 LEAVES OF ABSENCE
This Temporary Part-Time Employee Leave of Absence Manual (“Manual”) sets forth basic guidelines for the management and administration of leaves of absence for temporary parttime hourly personnel employed by the City of Soledad (the “City”).
SECTION 1. GENERAL PROVISIONS
A. Applicability of Manual. The provisions of this Manual will apply to all temporary parttime hourly positions. This Manual does not apply to any positions in the Classified Service.
B. Violation of Manual. Violations of the provisions of this Manual may be addressed as a performance matter and be grounds for disciplinary action. A violation will not make disciplinary action mandatory, but will be given such weight as the City determines to be appropriate in view of all the circumstances.
C. Amendment and Revision of Manual. Amendments and revisions of this Manual may be made by resolution of the City Council. The re-publication of this document or other written notification will be made generally available to employees.
D. Prior Policies Repealed. If the terms and provisions of this Manual are inconsistent or in conflict with the terms and provisions of any prior City Rules, resolutions, regulations, and/or policies governing the same subject, the terms of this Manual will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed.
E. Employee Responsibility. It will be the responsibility of each employee to become aware and be knowledgeable of this Manual.
F. Distribution of Manual. A copy of this Manual will be distributed to each City employee.
Newly hired employees will receive a copy upon hire. An employee with questions about this Manual may direct them to Human Resources.
G. Not an Employment Contract. None of the provisions of this Manual shall be deemed to create a vested contractual right for any employee.
H. Changes to the Law. When any local, state, or federal statute, regulation, or law that is incorporated in this Manual or upon which the Manual rely is amended through legislative or regulatory action or is deemed to have been amended by judicial decision, the Manual shall be deemed amended in conformance with those amendments.
I. Severability. If any section, subsection, sentence, clause, or phrase of the Manual is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the Manual.
SECTION 2. LEAVES OF ABSENCE
299
2 A. Industrial Illness/Injury Leave. The City will grant a leave of absence to any employee who is unable to work due to an industrial illness/injury.
1. Duration. Leave duration under this section shall continue until: a) the City determines that the employee is released to return to work by the employee’s health care provider without restrictions; b) the employee’s health care provider releases employee to work with restrictions, and the City determines that it has a reasonable accommodation for the restrictions; or c) the City receives evidence, which the City deems satisfactory, from the employee’s health care provider that the employee is unable to return with or without restrictions. The City may also terminate a leave of absence under this section if the employee retires from City employment or the employee fails to cooperate in good faith in the interactive process with the City to determine whether reasonable accommodation is available to return to work.
2. Coordination. If leave under this section is also designated as FMLA/CFRA leave of absence, the employee may coordinate any unused accumulated sick hours with any workers’ compensation insurance, long-term disability, and any other wage replacement benefits, up to an amount equal to the employee’s regular salary.
Employee taking leave under this section that is not designated as FMLA/CFRA shall coordinate unused accumulated sick hours with workers’ compensation insurance, long-term disability, and any other benefits provided to the employee, up to an amount equal to the employee’s regular salary.
B. Leaves of Absence Without Pay. In accordance with the procedures in this section, a temporary unpaid leave of absence for a defined period may be considered because of illness or disability, to take a course of study increasing the employee’s usefulness on return to City service, or for acceptable personal reasons.
1. Written Request. When an employee has exhausted their accrued paid sick leave, the employee may request a leave of absence without pay in accordance with this Section. The employee must submit a written request to the City Manager for a leave of absence without pay, along with any supporting documentation. The City Manager may request further reasonable documentation in support of the employee’s request for a leave of absence without pay, including confirmation that the employee is reasonably expected to return to work with the City upon conclusion of the authorized leave period, in accordance with applicable laws.
2. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for medical reasons, the employee is required to first fully exhaust the employee’s paid sick leave in order to be eligible to receive a leave of absence without pay.
3. Authority to Grant a Leave of Absence Without Pay. The City Manager may grant an employee a leave of absence without pay for a period not to exceed three months.
After three months, the leave of absence may be extended if so authorized by the City Manager. Extensions of leaves of absence will not be granted unless, in the judgment of the City Manager, the City would not experience undue hardship from 300
3 the employee’s continued absence, or the particular circumstances would otherwise justify the extension. The approval or rejection of the City Manager will be in writing and final.
4. Return to Work. Upon expiration of a regularly approved leave, the employee will be reinstated in the position held at the time leave was granted, provided such position continues to exist. An employee on leave who fails to report to duty promptly at its expiration will be subject to disciplinary action for being on an unauthorized absence up to and including termination of employment.
C. Military Leave of Absence. Military leave shall be granted pursuant to state and federal law. An employee entitled to military leave shall give the employee’s Department Director an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of the employee’s military orders to the employee’s Department Director. The Department Director shall advise Human Resources of such military orders immediately.
D. Jury Duty. An employee who receives a summons or subpoena to appear for jury duty must provide reasonable advance notice to the employee’s supervisor and human resources and provide a copy of the original summons to human resources. It will be the general rule to excuse employees of the City from the regular responsibilities of their positions without pay when called for jury duty. However, if, in the opinion of the City, the absence of the employee would result in an undue disruption of work programs, the City may direct the employee to request an exemption or postponement of jury duty. An employee excused from jury duty prior to the completion of the employee’s normal workday must return to work.
E. Voting Leave. The City encourages eligible employees to register and vote in all federal, state, and local elections. Employees of the City are expected to vote prior to or following their assigned working hours. In accordance with the Election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside regular working hours within which to vote at statewide elections, the employee may take off such working time as will enable the employee to vote. A maximum of two hours may be taken with pay. To receive time off for voting, the employee must notify the employee’s Department Director in advance. Employees who need Voting Leave must take such leave at the beginning or end of the employee’s work shift, based on the needs of the Department and the employee’s schedule. The exact amount of time off work and the scheduling of time off shall be decided between the employee and the employee’s Department Director.
Employees who use Voting Leave are required to present a voter’s receipt to their Department Directors.
F. Family and Medical Care Leave. The City provides family care and medical leaves of absence in accordance with the Family Medical Leave Act (“FMLA”), the California Family Rights Act (“CFRA”), and the Pregnancy Disability Leave Law (“PDL”). The policy regarding these leaves of absence are set forth in a separate City policy. 301
4 G. Subpoenaed Absence. An employee who is subpoenaed or otherwise required under a court order to provide testimony as a witness is entitled to leave without pay to comply with such subpoena or court order. An employee who receives a “Summons or Subpoena to Appear” for witness duty must provide reasonable advance notice to the employee’s supervisor and human resources and provide a copy of the original summons to human resources.
H. Fitness for Duty Leave and Examination. Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, free from adverse effects of physical, mental, emotional, and/or personal issues.
This Section is intended to provide a safe environment and protect the health and welfare of employees and the public. If an employee feels that the employee is not fit to perform the employee’s duties, the employee must notify the employee’s supervisor immediately.
1. Reasons for Fitness for Duty Leave. In the discretion of the City, an employee may be placed on a Fitness for Duty Leave and/or ordered to participate in a fitness for duty examination in any of the following situations:
a. An employee returns from a medical leave of absence of more than five working days.
b. An employee is involved in the interactive process with the City under Section 3.
c. Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, disproportionate response to criticism, and inappropriate or uncharacteristic interactions with the public, co-workers, and supervisors. d. Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of impairing drugs or alcohol shall be conducted in accordance with applicable City policy.
2. Procedures for Ordering a Fitness for Duty Examination. When a Supervisor becomes aware of or observes behavior that makes the Supervisor reasonably suspect that the employee may not be fit for duty, the Supervisor shall refer the employee to Human Resources, who will determine if a fitness for duty examination is appropriate, and, if so, will schedule the employee for a fitness for duty examination. If the circumstances warrant it, the Department Director may place the employee on leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.
3. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “fit for duty with restrictions” or “unfit for duty”. In the case of finding an employee fit for duty, the 302
5 doctor may issue work restrictions. In no case shall the doctor reveal the underlying cause of the fitness or unfitness for duty without the employee’s permission. a. Fit for Duty. If the doctor finds the employee is fit for duty, the employee shall return to work immediately and perform all duties of the employee’s position.
b. Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specifically enumerate what restrictions are necessary and for how long those restrictions are necessary.
The City shall then evaluate those restrictions and determine if the City can reasonably accommodate those restrictions. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process.
c. Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work. The employee may request a leave of absence in accordance with the appropriate applicable provision(s) of this Manual. If the employee can provide certification of fitness for duty prior to the exhaustion of all paid and unpaid leave that the employee is entitled to under this Manual, the employee shall be returned to work. However, if such certification is from the employee’s own health care provider, the City may request a second opinion from a doctor of its choosing and at its cost to evaluate the employee under the requirements of this Section. If the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor shall be binding. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process.
I. School Leave. The City will grant a leave of absence to an employee who is the parent, guardian, stepparent, foster-parent, grandparent, or a person who stands in loco parentis to a child, in accordance with the following provisions.
1. Permissible Purposes:
a. To participate in the activities of the child’s primary or secondary school or licensed child care provider;
b. To find, or to enroll, or reenroll the child in a primary or secondary school or licensed child care provider.
c. To address an emergency, such as:
i. A request from a child care provider or school that the child be picked up.
303
6 ii. A provision in the attendance policy for the child care provider or school, other than a planned holiday, that prohibits the child from attending.
iii. Closure or unexpected unavailability of the child care provider or school, other than during planned holidays.
iv. A natural disaster, including, but not limited to, fire, earthquake, or flood.
d. To appear at the school of a suspended child pursuant to a request made by the child’s school under California Education Code section 48900.1.
2. An employee may take up to 40 hours of leave per calendar year, but no more than eight hours in one calendar month. However, no limit shall be placed on the amount of leave taken under section 2(I)(1)(d). If more than one City employee requests leave in connection with the same child, only the first employee to provide notice is entitled to receive leave. The second employee may also be permitted to take a simultaneous leave of absence if the second employee obtains written supervisory approval. The amount of leave available is fixed at a maximum of 40 hours per calendar year, regardless of the number of children, grandchildren, or wards that an employee may have.
3. An employee must provide reasonable advance notice of the need for leave and must make all reasonable efforts to schedule the leave so as not to unduly disrupt the operations of the City. If an emergency makes such notice impossible, the employee shall notify the employee’s Department Director as soon as possible.
Employees returning from leave are required to provide written verification from the school or child care provider of the employee’s need for leave at the specific time and date. If an employee fails to provide sufficient verification, the City may determine that the leave time was unauthorized.
4. Leave under this section is unpaid.
J. Sick Leave. The City provides part-time employees paid sick leave as required under California law. Details regarding paid sick leave, including accrual and use of such leave, are covered in this section of this Manual.
1. Definitions:
a. Hours Worked. Hours worked shall include all time when an employee is required to be on duty or to be on the City’s premises or at a prescribed workplace, and all time when an employee is suffered or permitted to work.
Paid sick time is not considered time worked.
b. Family Member. Family member means any of the following: a child (which means a biological child, adopted child, foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This 304
7 definition of a child is applicable regardless of age or dependency status), a parent (which means a biological parent, adoptive parent, foster parent, stepparent, legal guardian of an employee or registered domestic partner, or person who stood in loco parentis when the employee was a minor child), a spouse, a registered domestic partner, a grandparent, a grandchild, a sibling, or a designated person (which means a person identified by the employee at the time the employee requests paid sick leave. The City limits the employee to one designated person per 12-month period for paid sick leave).
2. Paid Sick Leave:
a. Eligibility for Sick Paid Sick Leave. Employees are eligible for paid sick leave after they work for the City for at least thirty (30) days within a calendar year. Employees who work fewer than thirty (30) days within a calendar year are not eligible for paid sick leave.
b. Annual Sick Leave Advance. At the time of hiring, and on January 1st of each calendar year thereafter, the City shall grant employees forty (40) hours of sick leave to use for permitted purposes as described in this policy.
Temporary employees hired to work for the City for a period of less than 120 days will not receive 24 hours of sick leave up front, but will instead receive 1 hour of sick leave for every 30 hours worked. c. Qualification Period Prior to Use of Paid Sick Leave. Employees are entitled to use their accrued paid sick leave only after completing ninety (90) days of employment. Employees who work fewer than 90 days are not entitled to take any paid sick leave. The days worked for the City, by an employee who separates from the City and is rehired within one year from the date of separation, shall count toward the 90-day qualification period. d. Notice of Accrued Paid Sick Leave. All accrued paid sick leave will be reflected on the employee’s paystub, including the balance of paid sick leave available.
e. No Advance of Paid Sick Leave. The City will not “advance” or “lend” paid sick leave to an employee prior to the City’s annual sick leave advance on January 1 of any given calendar year.
f. Sick Time Rate of Pay. Employees shall be compensated for paid sick leave at their regular rate of pay for the position and schedule in which paid sick leave is utilized.
g. Annual Paid Sick Leave Use Limit. Employees may use up to 40 hours of accrued paid sick leave during a calendar year.
305
8 h. Forfeiture of Unused Sick Leave. Except for temporary employees hired to work for the City for a period of less than 120 days, any accrued and unused sick leave shall be forfeited on December 31 of every calendar year.
Temporary employees hired to work for the City for a period of less than 120 days may carryover up to 80 hours of accrued and unused sick leave to the next calendar year.
i. Minimum Increments Paid Sick Leave. The minimum charge to an employee’s paid sick leave account shall be 1 hour per work day. j. No Compensation for Unused Sick Leave: No employee subject to this Leave of Absence Policy shall be compensated for, or allowed to exhaust any accrued sick leave upon resignation, retirement, termination, dismissal, lay-off, or death.
k. Abuse of Sick Leave. Abuse of sick leave may be grounds for discipline.
Abuse shall be determined on a case-by-case basis. Sick leave abuse may include, but is not limited to, failure to abide by the provisions of this section and use of sick leave for purposes other than those permitted in this section. l. Permitted Use of Sick Leave. Upon the oral or written request of an employee, the City shall permit the employee to use accrued paid sick leave for the following purposes:
i. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member.
ii. Employees who are victims of crime or abuse may take time off as paid sick leave to obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the employee or their child.
iii. Employees who are victims of crime or abuse may take time off as paid sick leave to seek medical attention for injuries caused by crime or abuse; to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse; to obtain psychological counseling or mental health services related to an experience of crime or abuse; or to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
m. Request for Use of Paid Sick Leave.
i. An employee shall contact their immediate supervisor prior to or within one hour of the commencement of their work shift to report 306
9 the need for paid sick leave. If no immediate supervisor is available, an employee shall contact their Department Director. Consideration shall be given to emergency situations that restrict the employee from contacting their immediate supervisor within the first hour of work, including, but not limited to: accident, injury, or hospitalization. In such emergency situations, an employee shall contact their supervisor as soon as practicable.
ii. If the need for paid sick leave unforeseeably arises, such as at an Employee’s work site, the employee shall notify their immediate supervisor before the employee leaves the work site, or as soon as practicable.
iii. When an employee has advance notice of the need for paid sick leave, such as when scheduling non-emergency medical and dental appointments, the employee is required to notify their supervisor at least two (2) days in advance of their need for paid sick leave.
Employees are encouraged to schedule medical and dental appointments outside normal working hours if possible.
iv. An employee is not responsible for searching for or finding another employee to cover their shift in order to use paid sick leave. n. Unused Paid Sick Leave. No employee shall be compensated for, or allowed to exhaust any accrued paid sick leave upon resignation, including retirement, termination, layoff, or death.
o. Reinstatement of Unused Paid Sick Leave. Unused accrued paid sick leave at termination shall be reinstated upon return to active status occurring within no more than twelve (12) months of termination. For employees who return to the City within twelve (12) months from their previous separation, days worked prior to the previous separation will count toward the ninety (90) day qualification period.
p. Paid Sick Leave Accrual Upon Promotion to Regular Employee Status. If an employee is promoted to Regular Employee status, the employee’s accrued paid sick leave shall remain intact and will thereafter be subject to all rules and policies governing accrued paid sick leave for regular employees.
q. Records Documenting Hours Worked and Paid Sick Leave Accrued and Used. The City shall keep records documenting the hours worked and paid sick leave accrued and used by an employee for three (3) years. r. Employee Inspection of Records Pertaining to Paid Sick Leave. Upon reasonable request to Human Resources, and within twenty (21) calendar days after the request, the City shall afford current and former employees 307
10 the right to inspect or copy records pertaining to their hours worked and paid sick leave accrued and used.
K. Bereavement Leave. An employee is eligible to receive leave under this section if the employee has been employed by the City for at least thirty (30) days prior to commencement of leave. Upon the death of an employee’s immediate family member, as defined in this section below, the employee is entitled to take up to five (5) unpaid leave days for an immediate family member’s death. However, the employee may use accrued sick leave to receive pay during leave under this section. Leave days under this section need not be consecutive, but shall be completed within three months of the date of death of the immediate family member.
1. For the purposes of this section, an immediate family member means: a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, parent-in-law, or foster children, legal wards, and legal guardians. An employee must inform their supervisor prior to commencing bereavement leave. In administering this section, the City may require verification of death within thirty (30) days of the first day of the leave. Any documentation provided by the employee to support leave under this section shall be maintained as confidential. Sufficient documentation includes any of the following: a death certificate, a published obituary, or written verification of death, burial, memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
L. Reproductive Loss Leave. Upon completion of thirty (30) days of employment with the City, an employee shall be eligible to receive reproductive loss leave as provided in this section.
A. Definitions applicable to this section.
1. Reproductive loss event: means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
2. Failed adoption: means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to any person who would have been the parent if the adoption was completed.
3. Failed surrogacy: means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to any person who would have been the parent if the child was born as a result of the surrogacy.
4. Miscarriage: means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy. 308
11 5. Stillbirth: means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
6. Unsuccessful assisted reproduction: means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.
B. Leave Entitlement. An employee may receive up to five (5) days of unpaid leave under this section following a reproductive loss event. If an employee experiences more than one reproductive loss event within a twelve (12)-month period, the City may grant additional reproductive loss leave, under this section, up to twenty (20) days within a twelve (12) month period. An employee may use leave entitlement under this section nonconsecutively.
Except as otherwise provided in subsection C “Impact of Other Leave” below, leave under this section shall be completed within three (3) months of the reproductive loss event.
C. Impact of Other Leave. If prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave under the City’s Family Care and Medical Leave Policy, or any other leave entitlement under state or federal law, the employee shall complete leave under this section within three (3) months of the end date of the other leave.
D. Use of Accrued Paid Leave. An employee may use vacation leave, sick leave, or other leave that is otherwise available to the employee to receive compensation while on leave under this section.
E. Nonretaliation; Noninterference. The City will not retaliate against an employee, including imposing any disciplinary action, because of the employee’s exercise of the right for leave under this section or an employee giving information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave. Further, the City will not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
F. Confidentiality Provision. The City will maintain the confidentiality of any employee requesting leave under this section. Any information provided to the City pursuant to this section will be maintained as confidential and will not be disclosed except, as necessary, to internal personnel, legal counsel, or as may otherwise be required by law.
309
1 FAMILY CARE AND MEDICAL LEAVE, PREGNANCY DISABILITY LEAVE, AND
MILITARY FAMILY LEAVE POLICY
I. PURPOSE:
To provide employees with information about and establish guidelines for the taking of family care and medical leave, in accordance with the federal Family and Medical Leave Act (“FMLA”), the California Family Rights Act (“CFRA”), and the California Pregnancy Disability Leave Law (“PDL”).
II. POLICY:
To the extent not already provided for under current leave policies and provision, the City of Soledad (the “City”) will provide family and medical care leave for eligible employees as required by State and federal Law. The leaves provided for in this Policy are granted under a variety of state and federal laws. Employees should be aware that leave under one Section of the Policy may also qualify for leave under another Section. In addition, leave may qualify under one law for a particular purpose, but not another law. For example, an employee is entitled to take CFRA leave to care for a domestic partner, but FMLA leave does not include domestic partners. In such cases, the City will advise affected employees in writing which of their statutorily-protected leaves are being used and how much of that leave remains.
Additional definitions and other provisions governing employees' rights and obligations under the FMLA, CFRA, and PDL that are not specifically set forth below are set forth in the Department of Labor's FMLA regulations (29 C.F.R. § 825.00 et seq.) and the California Department of Fair Employment and Housing’s CFRA regulations (2 C.C.R. § 11087 et seq.) and PDL regulations (2 C.C.R. § 11035 et seq.) This Policy is deemed to include such regulatory provisions, including subsequent revisions to such regulatory provisions.
III. FAMILY CARE AND MEDICAL LEAVE (FMLA/CFRA LEAVE):
A. Eligibility: To be eligible for FMLA/CFRA leave, an employee must have been employed by the City for at least 12 months prior to the date on which the FMLA/CFRA leave is to commence, and have worked at least 1,250 hours over the 12-month period preceding the FMLA/CFRA leave. For employees performing covered military service under the federal Uniformed Service Employment and Reemployment Rights Act, periods of absence due to such service shall be counted for purposes of determining whether the employee meets these eligibility requirements.
B. Qualifying Reasons for FMLA/CFRA Leave: Employees meeting the eligibility requirements under Section III.A. may take FMLA/CFRA leave for any 310
2 of the following qualifying reasons:
1. The birth of a child of the employee and in order to care for such child.
2. The placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child.
3. Providing care for a spouse, child, or parent with a serious health condition. (a) The CFRA also provides for leave to care for the following family members due to a serious health condition: domestic partner, adult child, child of a domestic partner, grandparent, grandchild, sibling, parent-in-law, or a designated individual1 who is either related by blood or whose association with the employee is the equivalent of a family relationship2.
4. The employee's own serious health condition.
The FMLA and CFRA also provide for military exigency leave and military caregiver leave (FMLA only), and those types of leaves are addressed under Section V of this Policy. The PDL also provides for leave for employees with a serious health condition on account of the employee’s pregnancy, childbirth, or related medical conditions, and that leave is addressed under Section IV.
C. Child: Leave may be taken under Section B.1., B.2., or B.3 under CFRA and FMLA, concurrently, by an employee for a "child" who is any of the following
1. A biological child, adopted child, foster child, stepchild, legal ward of the employee, or a child to whom the employee stands in loco parentis, and who, at the time leave is to commence is either:
a. under 18 years of age; or
b. 18 years of age or older and incapable of caring for himself/herself because of a mental or physical disability.
2. CFRA’s definition of child includes child as defined in Section C.1 above, and also any of the following:
a. A child, as defined in Section C.1 above, of a registered domestic partner; or
b. An adult biological child, adopted child, foster child, stepchild, legal ward of the employee, or a child to whom the employee stands in loco parentis of the employee or of the employee’s domestic 1 An employee may identify their “designated person” at the time the employee requests leave under this Policy 2 Each employee shall be limited to selecting one “designated person” per twelve month period for the purposes of this Policy.
311
3 partner.
D. In loco parentis:
1. For purposes of this Policy an employee stands in loco parentis by providing day-to-day care or financial support with demonstrated intent of assuming the responsibilities typically held by a parent.
2. Whether an employee stands in loco parentis to a child for purposes of this Policy will be determined by the City on a case-by-case basis, and the City may require reasonable documentation to support an employee's claim of providing either day-to-day care or financial support for the child.
E. Spouse: The definition of spouse expressly includes individuals in lawfully recognized same sex marriages, common law marriages and marriages that were validly entered into outside of the United States if they could have been entered into at least one state. In addition, the regulatory definition of spouse has moved from “state of residence” rule to “place of celebration” rule in which to look to the law of the place in which the marriage was entered into as opposed to the law of the state where the employee resides. This allows all legally married couples, whether opposite-sex or same sex or married under the common law, to have consistent federal family leave rights regardless of their residence.
F. Parent: Parent means a biological, foster or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in loco parentis to the employee as a child. For purposes of leave under only CFRA, parent includes parent-in-law.
G. Domestic Partner: A registered domestic partner as defined by Family Code 297 through 297.5.
1. Two adults who have chosen to share one another’s lives in an intimate and committed caring relationship.
2. Domestic partnership is established in the state of California when both persons file a Declaration of Domestic Partnership with the Secretary of State and the time of the filing all of the following requirements are met:
a. Neither persons are married to someone else nor is a member of another domestic partnership unless otherwise terminated, dissolved, or adjudged a nullity;
b. Both persons are at least 18 years of age and are not related by blood in any way that would prevent them from being married in California; and
c. Both persons are capable of consenting to domestic partnership. 312
4 H. Serious Health Condition: A serious health condition is an illness, injury, impairment, or physical or mental condition that involves the employee or a Covered Family Member3that makes the employee unable to work. Specifically it involves either inpatient care or continuing treatment or supervision by health care provider as follows: following:
1. “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care, or any resulting period of incapacity. a. A person is considered to have an “overnight stay” for purposes of this provision if a health care facility formally admits the person to the facility with the expectation that the person will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.
2. “Continuing treatment or supervision by a health care provider” means and includes any one or more of the following:
a. In-person treatment two or more times, within 30 days of the first day of incapacity (CFRA excludes two or more in-person treatments within 30 days to establish continuing treatment), unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider, with the first visit being within seven days of the first day of incapacity; or
b. In-person 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, with the first visit being within seven days of the first day of incapacity (CFRA does not include a seven-day requirement to establish continuing treatment). c. Any period of incapacity due to pregnancy, or for prenatal care, whether or not in-person treatment is received during that time, or whether the resulting absence lasts fewer than three days (CFRA excludes pregnancy as a serious health condition, including other conditions of pregnancy related disability).
3 For purposes of this Policy, a “covered family member” means: 1) a child as defined in Section III.C; 2) a parent as defined in Section III. F; 3) a spouse as defined in Section III.E, 4) a domestic partner as defined in Section III.G; 5) a Sibling (CFRA only); 6) a Grandparent (CFRA only); 7) a Grandchild (CFRA only); and/or 8) a Designated Person as provided in Section III.B.3 (CFRA only).
313
5 d. Any period of incapacity, or treatment for such incapacity, due to a chronic serious health condition, whether or not in-person treatment is received during that time, or whether the resulting absence lasts fewer than three days. A chronic serious health condition is one which:
i. Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; and
ii. Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii. May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
e. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.
Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
f. 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, for either:
i. Restorative surgery after an accident or other injury; or ii. A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days (CFRA excludes full-days provision and states incapacity of more than 3 consecutive days) in the absence of medical
intervention or treatment, such as cancer (chemotherapy, radiation, etc. ), severe arthritis (physical therapy), or kidney disease (dialysis).
3. “Incapacity” means that a person is unable to work, attend school, or perform regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
I. Amount of Leave Entitlement: Provided that all applicable conditions of Section III are met, an employee may take a maximum of 12 workweeks of FMLA/CFRA leave in a rolling 12-month period measured backwards from the date the employee uses any FMLA/CFRA leave.
314
6 1. Employees taking FMLA/CFRA leave for the birth, adoption, or foster care of their child must initiate and complete any FMLA/CFRA leave within one year of the birth of the child or placement of the child with the employee for adoption or foster care.
2. Parents who are both employed by the City may take a maximum combined total of 12 workweeks of FMLA leave and may each take a maximum of 12 workweeks of CFRA leave in a 12-month period for the birth, adoption, or foster care of their child. Both parents and registered domestic partners (CFRA only in some circumstances) may be on leave simultaneously, provided the employees provide a certificate, from a health care provider, stating the need for both employees’ participation in the care of the child.
3. An employee’s FMLA/CFRA leave does not need to be consecutive, but can be cumulative within a 12-month period.
4. Industrial injury leaves and all non-industrial injury leaves are FMLA/CFRA leaves if they qualify as serious health conditions.
J. Concurrent Use of Accrued Paid Leaves: Leave taken under this Policy is unpaid. Employees may elect or may be required to use their accrued leave balances concurrently with FMLA/CFRA leave, as provided below. When an employee elects or is required to use the employee’s accrued leave balances, the employee may specify in writing the order in which the employee would prefer to exhaust accrued leave balances. If the employee fails to designate the order of exhaustion, the City will exhaust the leave balances in the following order: sick leave (subject to the terms of this Section III.J.1., below), vacation, administrative leave, compensatory time, and floating holiday. The paid leave shall run concurrently with the FMLA/CFRA leave, and shall not extend the employee’s entitlement to FMLA/CFRA leave.
1. Sick leave: Employees are required to coordinate all accumulated sick leave concurrently when FMLA/CFRA leave is taken for the employee’s own serious health condition. Employees may elect to so coordinate their accumulated sick leave when FMLA/CFRA leave is taken for any other reason under Section III.B. of this Policy.
2. Other paid leaves: Employees are required to coordinate all other accrued paid leaves of absence, including but not limited to, compensatory time off, administrative leave, vacation, and holiday leave, when taking FMLA/CFRA leave for any reason.
3. Coordination with Wage Replacement Plans: If an employee who is on FMLA/CFRA leave is also receiving a wage replacement payment from Workers’ Compensation, the employee and the City may mutually agree to 315
7 coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.
K. Intermittent or Reduced Schedule Leave: Intermittent FMLA/CFRA leave is leave taken on an as-needed basis in increments of minutes, hours, or days. A reduced schedule FMLA/CFRA leave involves a reduction in the number of hours per day or per week that an employee regularly works, with the employee substituting FMLA/CFRA time for hours not worked. The minimum FMLA/CFRA leave increment that can be taken by an employee is fifteen (15) minutes.
1. Calculation of Intermittent or Reduced Schedule Leave: The maximum equivalent number of hours to which an employee is entitled during the 12- week period will be based on the employee's regularly scheduled workweek. For example, an employee who is regularly scheduled to work 40 hours per workweek will be entitled to a maximum of 480 hours of FMLA/CFRA leave, whereas, an employee who is regularly scheduled to work 32 hours per workweek will be entitled to a maximum of 384 hours of FMLA/CFRA leave. In calculating this amount for employees with a varying schedule, the City will use an average of the employee's workweeks within the 12-month period immediately preceding the intermittent or reduced schedule leave.
2. Impact on Salary: Where permitted by applicable state and federal wage and hour laws, the City may make deductions from an employee’s salary for all hours of leave taken as intermittent leave, unless the employee is entitled or required to coordinate paid leave. Such deductions do not affect the employee’s classification as exempt or nonexempt for purposes of the Fair Labor Standards Act.
3. Inclusion of Scheduled Overtime: If an employee normally would be required to work overtime hours, but is unable to do so because of an FMLA/CFRA-qualifying reason that limits the employee’s ability to work overtime, the hours that the employee would have been required to work may be counted against the employee’s FMLA/CFRA entitlement, as the employee would be considered to be using intermittent or reduced schedule leave. For example, if an employee is normally required to work 50 hours in a particular workweek, but because of an FMLA/CFRA-qualifying reason, the employee works only 40 hours that week, the employee would use 10 hours of FMLA/CFRA-protected leave out of the 50-hour workweek.
4. Conditions for Taking Intermittent or Reduced Schedule Leave a. FMLA/CFRA leave taken for the employee’s own serious health 316
8 condition, or the serious health condition of the covered family member, as defined in Footnote 3 above, or FMLA taken for military caregiver leave under Section V.B. of this policy, may be taken intermittently or on a reduced leave schedule when medically necessary (as distinguished from voluntary treatments and procedures).
b. Military exigency leave under section V.A. of this Policy may be taken on an intermittent or reduced schedule basis without limitation.
c. Leave taken following the birth, adoption, or placement or foster care of a child may be taken on an intermittent or reduced schedule basis, subject to the conditions set forth in Section III.K. 6., below.
5. Temporary Transfer:
a. Required by the City: The City may require that the employee temporarily transfer to an available alternative position for which the employee is qualified and which provides equivalent pay and benefits and that better accommodates recurring leave periods than the employee’s regular position.
b. Requested by Employee: An employee on intermittent or reduced schedule FMLA/CFRA leave for foreseeable and planned medical treatments may request a transfer to an open and available position for which the employee is qualified, if the duties of that position would better accommodate the employee’s intermittent or reduced schedule FMLA/CFRA leave. Transfers will not be considered under this Section when the intermittent or reduced schedule FMLA/CFRA leave is unscheduled, such as in the case of chronic conditions.
6. Leave Taken for Baby Bonding: The basic minimum duration of a leave taken for the birth, adoption, or foster care of a child shall be two weeks.
However, the City will also grant two requests for shorter leave periods in the applicable one-year period.
L. Employee Notice: Employees requesting leave under the FMLA/CFRA must notify their supervisor in accordance with the rules set forth below. Employees will provide the supervisor with sufficient information to make the City aware that the employee needs FMLA/CFRA leave, and the anticipated timing and duration of that leave. Supervisors must forward any such requests to Human Resources for review and approval. Employees may also provide notice of requested FMLA/CFRA leave to Human resources directly.
317
9 1. Foreseeable Events: An employee must provide the City with at least 30 days’ advance notice before the date the leave is to begin, or must provide notice as soon as is practicable, normally the same business day or next business day if the employee is off work when the employee learns of the need for leave. If the employee provides less than 30 days’ advance notice, the City may require explanation of why 30 days’ advance notice was not practicable.
a. In any case in which the need for FMLA/CFRA leave is foreseeable based on one of the circumstances listed below in subsection b., the employee shall make a reasonable effort to schedule any planned medical treatment or supervision so as not to unduly disrupt the operations of the City. However, any such scheduling shall be subject to the approval of the health care provider of the employee or the covered family member as defined in Footnote 3 above. b. The need for leave is considered “foreseeable” when it is taken for any of the following reasons:
i. Planned medical treatment for a serious health condition of the employee.
ii. Planned medical treatment for a serious health condition of a family member.
iii. An expected birth, or placement for adoption or foster care. c. If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the taking of the leave by up to 30 days after the date the employee provides notice of the need for FMLA/CFRA leave.
2. Unforeseeable Events: If an employee requires FMLA/CFRA leave for an unforeseeable event, the employee is required to provide notice to the City as soon as is practicable.
3. Notice of Intermittent/Reduced Schedule Leave: The notice requirements for foreseeable intermittent or reduced schedule leaves shall be the same as for other foreseeable leaves, and the notice requirements for unforeseeable intermittent or reduced schedule leave shall be the same as for other unforeseeable leaves.
4. Contents of Notice: All requests for FMLA/CFRA leave should include the anticipated date(s) and duration of the leave and be sufficient to make the City aware that the employee needs leave under the FMLA/CFRA. The 318
10 employee must state the reason the leave is needed, by reference to the list in Section III.B. of this Policy. When the employee provides notice, it may not contain sufficient information for the City to determine whether the employee’s leave could be for an FMLA/CFRA-qualifying purpose. In such cases, the City may follow up with the employee for additional information, and the employee is required to respond to the same. However, the employee shall not be required to provide the City with a diagnosis.
5. Changes to Dates of Leave: The employee must advise the City as soon as practicable when the employee learns that the dates of the FMLA/CFRA leave may change.
6. Requests for Extension: Any requests for extensions of an FMLA/CFRA leave must be received at least five business days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the FMLA/CFRA leave. If the employee has exhausted the employee’s leave entitlement under Section III.I., the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation for the employee's own serious health condition; however, any such additional leave shall not be subject to the provisions of this Section III.
M. City Response to a Request for FMLA/CFRA Leave or Request for Extension - Eligibility Notice: Within five business days of an employee’s request to take FMLA/CFRA leave, the City shall provide the employee with a written Eligibility Notice. The Eligibility Notice is not a designation of the employee being on FMLA/CFRA Leave. The Eligibility Notice shall include the following information:
1. Whether the employee is eligible to take FMLA/CFRA leave. If the employee is ineligible for FMLA/CFRA leave, the notice will include the reason(s) why the employee is ineligible.
2. Whether the employee has exhausted their 12-week FMLA/CFRA entitlement.
3. Whether additional information, such as a medical certification, is required from the employee in order to process the employee’s request for FMLA/CFRA leave or request for extension.
4. The employee’s rights and responsibilities under the FMLA/CFRA, which will include a statement of whether the employee is required to provide a medical certification or recertification. A statement requiring a medical certification will also advise the employee of the anticipated consequences of the employee’s failure to provide adequate notice.
319
11 5. If the employee has requested an extension of leave for the employee’s own serious health condition but has exhausted the leave entitlement under Section III.I., the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section III.
N. Medical Certification and Recertification: Any request for FMLA/CFRA leave for an employee’s own serious health care condition or for FMLA/CFRA leave to care for a family member with a serious health condition must be supported by medical certification from the treating health care provider. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. Any request for an extension of FMLA/CFRA leave also must be supported by a medical certification from the treating health care provider.
Again, employees are encouraged to use the City's medical certification to ensure that all pertinent information is obtained.
1. Timing of Request for Medical Certification: The City will request medical certification:
a. Within five business days after an employee requests foreseeable leave;
b. Within five business days after an employee provides notice of an unforeseeable leave, or within five business days after an unforeseeable leave commences, whichever is later;
c. At a later date if the City has a reason to question the appropriateness or duration of an employee’s leave (FMLA only).
2. Timing for Employee’s Return of the Medical Certification: All medical certifications and recertifications must be returned to the City within 15 days from the City request, regardless of whether the leave is foreseeable or unforeseeable. Exceptions to this may be granted when it is not practicable to provide the certification or recertification within 15 days, despite the employee’s diligent, good faith efforts to do so.
3. Certification for Serious Health Condition of Covered Family Member:
The employee must have the patient’s treating health care physician complete a medical certification form when requesting family leave to care for a Covered Family Member (as defined in Footnote 1, above) with a serious health condition. Employees are encouraged to use the City’s medical certification form to ensure that all pertinent information is obtained.
a. Medical Recertification: If the employee requests additional leave 320
12 beyond the time period which the health care provider originally estimated that the employee needed to take care of Covered Family Member, the City may request a recertification from the employee.
4. Certification for the Employee’s Own Serious Health Condition:
a. First Opinion: The employee must have the employee’s health care physician complete a medical certification form when requesting FMLA/CFRA leave for the employee’s own serious health
condition. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. b. Second and Third Opinions: If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City’s choosing at the City’s expense. If the employee’s health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City’s expense, performed by a mutually agreeable doctor who will make a final determination that shall be binding on both the City and the employee.
c. Medical Recertification: The City may request recertification of a medical condition upon the expiration of the time period which the health care provider originally estimated, if additional FMLA/CFRA leave is requested.
5. Certification for an Employee’s Return to Work:
a. Returning from a Continuous Leave: As a condition of restoration to the employee’s former position, an employee taking continuous leave under the FMLA/CFRA is required to provide the City with certification from the employee’s health care provider stating that the employee is able to resume essential work functions.
An employee who fails to provide the certification may have reinstatement delayed.
b. Returning from an Intermittent or Reduced Schedule Leave: In addition to the requirement in Section 5.a., above, if the employee is on intermittent or reduced schedule leave, the City may require a fitness for duty certification at fixed intervals not exceeding every 30 days if there are reasonable safety concerns. “Reasonable safety concerns” means a reasonable belief of significant risk of harm to the employee or others.
c. Contents of Certification: The City will provide the employee 321
13 with a form and a copy of the employee’s job description for the employee health care provider to review in completing the fitness for duty certification, and employees are encouraged to use the City’s form to ensure that all pertinent information is obtained. The employee must provide a complete and sufficient fitness for duty certification. If the employee’s health care provider releases the employee back to work with restrictions, the City will engage in the interactive process to determine what reasonable accommodation, if any, will permit the employee to return to work in accordance with the ADA and the FEHA.
6. Employee’s Failure to Provide a Medical Certification or Recertification: If the employee fails to timely provide a complete and sufficient medical certification when requested, the request for FMLA/CFRA leave may be denied or delayed until a sufficient certification is provided. Employees will be advised of these consequences in connection with any request by the City for medical certification or recertification.
O. City’s Designation of Leave: Absent extenuating circumstances, within five business days after the City has acquired enough information to determine whether the employee’s request qualifies for FMLA/CFRA leave, the City will provide the employee with a written Designation Notice.
1. Designating Leave as FMLA/CFRA-Qualifying: If the leave is designated as being FMLA/CFRA-qualifying, the Designation Notice will contain, but is not limited to, the following information:
a. A statement that the leave is being designated as FMLA and/or CFRA leave;
b. The amount of leave being counted as FMLA and/or CFRA leave, if known;
c. Whether accrued paid leave will be used during the leave, and that any paid leave used will count as FMLA and/or CFRA leave; d. Whether a medical certification or recertification will be required to release the employee to return to work; and
e. Whether a job description or description of essential duties is attached to the Designation Notice for the health care provider to use in completing the medical certification or recertification to release the employee to return to work.
2. Unable to Designate: If the City is unable to determine whether the leave 322
14 requested is FMLA/CFRA-qualifying because more information is needed, the employee will be informed that
a. the medical certification is incomplete or insufficient, and the City will provide a list of deficiencies and explain the employee’s opportunity to cure said deficiencies; or
b. a second or third medical opinion is being required.
3. Not Designating Leave as FMLA/CFRA-Qualifying: If the City has determined that the employee’s leave does not qualify as FMLA/CFRA leave, or that employee has exhausted the 12-week FMLA/CFRA entitlement, the City will notify the employee in writing that the leave is not being designated as FMLA/CFRA leave, and the reason for the denial.
P. Employment Benefits and Protection:
1. Previously Accrued Benefits and Seniority Status:
a. Leave under the FMLA/CFRA will not result in the loss of any employment benefits accrued before the date the leave commenced. b. Leave under the FMLA/CFRA will not constitute a break in service or otherwise cause the employee to lose longevity or seniority, even if other paid or unpaid leave constitutes a break in service for purposes of establishing longevity or seniority, or for layoff, recall, promotion, job assignment, or seniority-related benefits.
2. No Accrual of Leave or Seniority during Unpaid FMLA/CFRA Leave:
a. An employee on unpaid FMLA/CFRA leave shall not accrue any additional paid leave time. Thus, employees will not accrue vacation leave, sick leave, administrative leave, nor will they be paid for holidays during the unpaid leave.
b. The time off on unpaid FMLA/CFRA leave shall not count as time worked for purposes of establishing additional seniority for purposes of layoff, recall, promotion, job assignment, and other seniority-related benefits.
c. However, during the time that an employee supplements unpaid FMLA/CFRA leave with paid leave, the employee will continue to accrue leaves and benefits in accordance with the provisions of the City’s policy governing those leaves of absence (i.e., when coordinating with sick leave, the rules governing sick leave will apply with regard to the employee’s benefits).
323
15 3. Maintenance of Health Insurance of the Employee: Employees will continue to receive the same medical benefits while on FMLA/CFRA leave for up to 12 workweeks, or longer depending on the basis for the qualifying leave, in a 12-month period. The City shall be responsible for the continued payment of the City’s share of the cost of the employee’s health benefits during the leave period. Benefits for absences beyond the allotted period will be handled in the same manner as benefits for employees on any other type of unpaid leave of absence. An employee who notifies the City that the employee does not intend to return to work from the FMLA/CFRA leave is not entitled to medical benefits provided by the City as if the employee were on a FMLA/CFRA leave and instead is entitled to the benefits provided to employees who are on an unpaid leave of absence for any other reason.
4. Maintenance of Benefits Requiring Employee Contributions:
a. During any period of unpaid leave, unless otherwise prohibited by applicable law, an employee may elect to discontinue health insurance coverage for the employee, a spouse, registered domestic partner, and/or any dependent(s) as well as any other benefits offered or sponsored by the City to which the employee is required to make monthly contributions. Employees must notify the City in writing of such an election.
b. An employee will continue to be responsible for making the payment of monthly contributions for which the City has not received advanced notice of election to discontinue. If any premium amounts are increased or decreased for other employees similarly situated, the employee will be required to pay the new premium rates.
c. All monthly contributions are due and payable to the City at the same time as they would be if made through payroll deduction. d. If any monthly contributions are not received within 30 days of their due date, the City has the option to either discontinue said benefit(s) or continue said benefit(s) by making the monthly contributions on the employee’s behalf.
e. Upon the employee’s return to work, the City is entitled to seek reimbursement from the employee for the employee’s share of any monthly contributions made on the employee’s behalf.
f. Employees included in a pension or retirement plan may continue to make contributions in accordance with the terms of the plan during 324
16 the period of leave. However, the City shall not be required to make plan payments for employees during the leave period which is unpaid, and the unpaid leave period shall not be counted for purposes of time accrued under the plan.
g. If the City provides a new health plan or benefits or changes health plans or benefits while an employee is on FMLA/CFRA leave, the City will give written notice to the employee to advise that the employee is subject to the new or changed plan/benefits in the same manner, and to the same extent, as if the employee were not on leave.
5. Failure to Return from Leave: The City may recover the entire premium it paid for maintaining health insurance benefits for an employee during any period of unpaid leave if the employee fails to return to work promptly upon the expiration of a leave for a reason other than the continuation, recurrence or onset of a serious health condition that entitles the employee to leave or other circumstances beyond the employee’s control.
Q. Reinstatement:
1. Restoration to Position: When an employee returns from a leave under the FMLA/CFRA, the employee will be restored to the position held when the leave began, or to a comparable position, with equivalent (i.e. virtually identical) employment benefits, pay, and other conditions of employment. a. The duties of the position must be capable of being performed in the same or similar geographic location, and involve the same or substantially similar duties as the position held when leave began, with responsibilities that entail substantially equivalent skill, effort, responsibility, and City.
2. Denial of Restoration Rights: There are two circumstances where the City may refuse to reinstate an employee to the employee’s pre-leave position:
a. Position No Longer Exists: The City may refuse to reinstate an employee to the employee’s pre-leave position at the conclusion of a leave under either the FMLA or CFRA when the employee’s position and any comparable position have ceased to exist because of legitimate business reasons unrelated to the employee’s FMLA/CFRA leave. In this case, the City shall reasonably accommodate the employee through alternative means that will not cause undue hardship to the City’s operation. The City may offer the employee any other position that is available and suitable. The City is not required to create new employment that would not otherwise be created, discharge or transfer another employee, or 325
17 promote another employee who is not qualified to perform the job. b. Key Employee (FMLA only): The City may refuse to reinstate an employee to the employee’s pre-leave position at the conclusion of a leave under the FMLA, (but not CFRA), when the employee is considered a key employee. A key employee is a salaried eligible employee who is among the highest paid ten percent of the City’s employees. In addition, the following steps will take place:
1. The City notifies the employee at the time the employee gives notice of the need for leave, or when leave commences, if earlier, that the Key Employee is a Key Employee, and also notifies the employee of the potential consequences with respect to reinstatement and maintenance of health benefits if the City should determine that reinstatement will result in substantial and grievous economic injury to its operations; and
2. As soon as the City makes a good faith determination that substantial and grievous economic injury will result if the City reinstates that Key Employee at the end of the requested FMLA leave period, the City notifies the employee that it intends to deny reinstatement at the end of the requested leave period. The notice from the City will include an
explanation for the basis for the City’s determination and provide the Key Employee with a reasonable time in which to return to work, taking into account the circumstances, such as the requested duration of the leave and the urgency of the need for the employee to return.
3. The Key Employee has already begun the FMLA leave at the time of receiving the notice, and the Key Employee does not return to work within the specified timeframe after receiving such notice from the City.
A. The Key Employee will remain entitled to the
maintenance of health benefits under Section III.P.4.
for the duration of the originally-requested leave, but the City will not be entitled to recover its
contributions to premiums under Section III.P.5.
B. The Key Employee’s rights will then continue under
the FMLA unless and until the employee either gives
notice that the employee will not seek to return to
work, or the employee requests to return to work at
the conclusion of the leave and receives notice that
326
18 the City has denied that request.
4. If the Key Employee requests to return to work upon
completion of the originally-requested leave, the City again determines that substantial and grievous economic injury will result if the City reinstates the employee, based on the facts at hand, and the City provides written notice of the denial.
3. Opportunity to Fulfill Missed Requirements: If an employee is unable to attend a necessary course, renew a license, or is otherwise adversely affected in terms of fulfilling minimum requirements or qualifications for the position as a result of the FMLA/CFRA leave the employee will be given a reasonable opportunity to fulfill those requirements or qualifications upon returning to work from FMLA/CFRA leave.
4. Accommodation Upon Returning from Leave: Nothing in this section prevents the City from accommodating an employee’s request for any change in shifts, schedule, position, or geographic location. Similarly, nothing in this section prohibits the City from offering a promotion to a better position, or from providing a reasonable accommodation pursuant to its obligations under the Americans with Disabilities Act and the Fair Employment and Housing Act.
IV. PREGNANCY DISABILITY LEAVE OR TRANSFER.
A. Eligibility and Duration:
1. Eligibility:
a. Any employee who is disabled on account of pregnancy, childbirth, or related medical conditions may take a pregnancy-related disability leave, regardless of the number of hours worked or the employee’s length of employment with the City. However, unless an employee has met the eligibility requirements under Section III of this Policy, the employee shall not be subject to the additional terms and conditions that apply to an employee who is eligible for FMLA leave.
b. An employee’s pregnancy-related disability is not considered a serious health condition under the CFRA and is not counted against an employee’s CFRA leave eligibility.
2. Amount of Leave Entitlement: An eligible employee may take a pregnancy-related disability leave for the period of disability, up to four 327
19 months (an equivalent of 17 1/3 weeks). The pregnancy disability leave shall run concurrently with any family care or medical leave to which the employee may be entitled under the FMLA. An employee is entitled to take off the number of days or hours that the employee would normally work during 17 1/3 weeks of employment. For example, an employee, who regularly works 40 hours per week is entitled to take 693 hours of leave, and an employee who regularly works 20 hours per week, would be entitled to 346.5 hours of leave.
3. Temporary Transfer: Any employee affected by conditions related to pregnancy, childbirth, or related medical conditions is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties upon the certification of the employee’s health care provider that the transfer is medically advisable, if the transfer can be reasonably accommodated.
4. Reasonable Accommodation: The City will provide reasonable accommodation to an employee who is affected by pregnancy, childbirth or related medical conditions as required by law.
B. Use of Accrued Leave: An employee taking pregnancy-related disability leave must coordinate any available sick leave with the pregnancy-related disability leave. An employee taking pregnancy-related disability leave may, at the employee’s option, coordinate any other accumulated paid leaves, including, but not limited to, vacation time, holiday pay, compensatory time off, or administrative leave with the pregnancy-related disability leave. The paid leave shall run concurrently with the pregnancy-related disability leave, and shall not extend the employee’s entitlement to pregnancy-related disability leave beyond the amount specified in Section IV.A.2 of this Policy.
1. Coordination with Wage Replacement Plans:
a. This provision only applies when the employee’s pregnancy-related disability leave is also designated as a serious health condition under the FMLA.
b. Pursuant to the provisions of the FMLA, if an employee is receiving a wage replacement payment from workers’ compensation, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.
c. If the employee is still receiving worker’s compensation benefits when the twelve workweeks of leave under the FMLA expire, the City will require that the employee begin coordinating any 328
20 additional accrued sick leave with those wage replacement benefits.
The employee may also elect to coordinate all other accrued paid leaves with those wage replacement benefits.
C. Notice: An employee should notify the supervisor of the employee’s need for pregnancy-related disability leave or transfer as soon as the employee is aware of the need for such leave.
1. Foreseeable Events: Where the need for pregnancy-related disability leave or transfer is foreseeable, the employee must provide at least 30 days’ advance notice to the City of the need for pregnancy-related disability leave or transfer. If the leave or transfer is required in connection with any planned, non-emergency medical treatment or supervision, the employee shall consult with the City and make a reasonable effort to schedule any such planned medical treatment or supervision to minimize disruption to the City’s operations, subject to the approval of the health care provider of the employee.
2. Unforeseeable Events: For non-emergency events that are not foreseeable 30 days in advance, or when 30 days’ advance notice is not practicable, the employee must notify the City as soon as practicable under the circumstances, ordinarily within two business days after the employee learns of the need for leave.
3. Notice of Intermittent Leave: In the event that an employee requires intermittent pregnancy-related disability leave, the employee shall notify the City of the anticipated dates for the absences as much in advance as possible.
4. Failure to Provide Notice: If the employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the employee’s right to take leave for up to 30 days after the date the employee provides notice of the need for pregnancy-related disability leave or transfer; provided, however, that the delay would not endanger the employee’s health, pregnancy, or health of the employee’s co-workers.
D. Contents of Notice or Request for Extension:
1. All requests for pregnancy-related disability leave or transfer should include the anticipated timing and duration of the leave or transfer and be sufficient to make the City aware that the employee requires a pregnancy-related disability leave or transfer. Any requests for extensions of a pregnancyrelated disability leave or transfer must be received at least five business days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated 329
21 date(s) and duration of the pregnancy-related disability leave or transfer.
2. If the employee has exhausted the leave entitlement under Section IV.A.2., the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section IV.
E. Intermittent or Reduced Schedule Leave: Pregnancy-related disability leave can be taken on an intermittent or on a reduced schedule basis when medically advisable, as determined by the employee’s health care provider. The minimum pregnancy-related disability leave increment that can be taken by an employee is fifteen minutes. If pregnancy-related disability is taken on an intermittent or reduced schedule basis and it is foreseeable based on planned medical treatment because of pregnancy, the City retains the discretion to temporarily transfer the employee to an alternative position, for which the employee is qualified, with equivalent pay and benefits, which better accommodates the employee’s leave schedule, but need not have equivalent duties.
F. City Response to a Request for Pregnancy-Related Disability Leave or Transfer or Request for Extension: Within five business days of an employee’s request for pregnancy-related disability leave or transfer, the City shall provide the employee with a written Eligibility Notice, which shall conform to the provisions of Section III.M. The Eligibility Notice shall also inform the employee of the additional rights under the California PDL. If the employee has exhausted the leave entitlement under Section IV.A.2., the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section IV.
G. Medical Certification:
1. Timing of Certification: Any request for pregnancy-related disability leave or transfer must be supported by a medical certification from a health care provider.
a. For foreseeable pregnancy-related disability leaves or transfers, employees will provide the required medical certification before the leave/transfer begins. When this is not possible, employees must provide the required certification within 15 days, unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial or delay of foreseeable pregnancy-related disability leaves or transfers until such certification is provided.
b. In the case of unforeseeable leaves, failure to provide the required medical certification within 15 days of being requested to do so may result in a denial of the employee’s continued leave until 330
22 certification is eventually provided. Any request for an extension of the leave/transfer must also be supported by an updated certification.
2. Contents of the Certification for Pregnancy-Related Leave: Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability leave to ensure that all pertinent information is obtained. The following information must be included: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of the employee’s position without undue risk to self, to the successful completion of the pregnancy, or to other persons.
3. Contents of the Certification for Pregnancy-Related Transfers:
Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability transfer to ensure that all pertinent information is obtained. The medical certification for pregnancy-related transfer shall include: (1) a description of the requested transfer or reasonable accommodation; (2) the date the need for the transfer or reasonable accommodation became medically advisable; (3) the probable duration of the need for the transfer or reasonable accommodation; and (4) an explanatory statement that, due to the disability, the transfer or reasonable accommodation is medically advisable.
4. No Second/Third Opinions Allowed: There will not be a second or third opinion regarding pregnancy-related disability leave or transfer.
5. Return to Work Certification: As a condition of restoration to the employee’s former position, an employee taking leave under the FMLA/PDL is required to provide the City with certification from the employee’s health care provider stating that the employee is able to resume original job duties.
H. City’s Designation of Leave: Once an employee requests pregnancy-related disability leave or transfer, Human Resources shall notify the employee in writing whether the requested leave or transfer is approved and qualifies as pregnancyrelated disability leave or transfer. This designation shall comply with the provisions of Section III.O, and shall also inform the employee of any additional rights and obligations under the California Pregnancy Disability Leave Law.
I. Employment and Benefits Protection: The provisions set forth in Section III.P. of this Policy regarding employment and benefits protection in connection with FMLA/CFRA leave also apply to all pregnancy-related disability leaves, except that where the City's policy permits employees on paid leave and/or unpaid leave to accrue seniority, employees on paid and/or unpaid pregnancy-related disability 331
23 leaves shall also accrue seniority.
J. Reinstatement: Upon the completion of the employee’s pregnancy-related disability leave or transfer period, and upon submission of the return to work notice, the employee shall be returned to the same position previously held, or to a comparable position as permitted by law. However, for pregnancy-related disabilities, there is no reinstatement exception for Key Employees.
V. MILITARY LEAVE.
The FMLA/CFRA provide for military exigency leave, which is addressed in Section V.A. of this Policy. The FMLA also provides for military caregiver leave, which is addressed in Section V.B. of this Policy.
A. Military Exigency Leave: The City permits employees who have a covered military family member in the Armed Forces (including the National Guard or Reserves) to take up to twelve workweeks of FMLA/CFRA leave due to a qualifying exigency resulting from the covered military family member’s active military duty (or call to active duty status) in support of a contingency operation.
Leave granted under this Section shall count against the FMLA/CFRA leave granted under Section III.
1. Definitions:
a. Armed Forces: The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves. b. Covered Active Duty or Call to Active Duty Status: One of the following:
i. For a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; or
ii. For a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a federal call or order to active duty in support of a contingency operation under a provision of law referred to in section 101(a)(13)(B) of Title 10, United States Code.
c. Covered Military Family Member: An employee may take leave under FMLA/CFRA for the employee’s spouse, son, daughter, or parent who is a member of the Armed Forces and is on Covered Active Duty or Call to Active Duty Status. An employee may take leave under CFRA for the employee’s domestic partner who is a member of the Armed Forces and is on Covered Active Duty or Call 332
24 to Active Duty status.
i. For purposes of this definition only, "son" or "daughter" means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, within the meaning of Section III.D. of this Policy, regardless of age.
d. Covered Military Family Member's Child: The biological, adopted, or foster child, stepchild, legal ward, or child for whom the Military Family Member stands in loco parentis, within the meaning of Section III.D. of this Policy, who is either under the age of 18 or who is aged 18 or older but incapable of self-care because of a physical or mental disability at the time leave under this Section V.A. is to commence.
e. Covered Military Family Member's Parent: The biological, adoptive, step, or foster father or mother, or an individual who stood in loco parentis, within the meaning of Section III.D. of this Policy, to a Covered Military Family Member who was under 18 years of age.
2. Qualifying Reasons for Military Exigency Leave: Military exigency leave can be taken for the following non-medical, non-routine activities only:
a. Short-Notice Deployment Activities: If a Covered Military Family Member receives seven or less calendar days’ notice prior to the date of deployment, an employee may take FMLA/CFRA leave to address any issue arising from an impending call or order to active duty in support of a contingency operation. The employee may take FMLA/CFRA leave for up to seven days beginning on the date the Covered Military Family Member receives the notice of impending call or order to active duty.
b. Military Events and Related Activities: An employee may take FMLA/CFRA leave to attend any official ceremony, program, or event sponsored by the military that is related to the active duty or call to active duty status of the Covered Military Family Member.
An employee may also take FMLA/CFRA leave to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or American Red Cross that are related to the active duty or call to active duty status of a Covered Military Family Member.
333
25 c. Childcare and School Activities: An employee may take FMLA/CFRA leave for the following reasons, if the reason is necessitated by the Covered Military Family Member’s active duty or call to active duty status, or circumstances arising from it:
i. To make alternative childcare arrangements of a Covered Military Family Member’s Child;
ii. To provide childcare for a Covered Military Family
Member’s Child on an urgent, immediate need basis, but not on a regular, routine, or everyday basis;
iii. To enroll in or transfer a Covered Military Family Member’s Child in a new school or day care facility; and/or
iv. To attend meetings with staff at a school or day care facility, such as regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, for a
Covered Military Family Member's Child.
d. Financial and Legal Arrangements: An employee may take FMLA/CFRA leave in order to make or update financial or legal arrangements to address the Covered Military Family Member’s absence while on active duty or call to active duty status; and/or to act as the Covered Military Family Member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the Covered Military Family Member is on active duty or call to active duty status (up to a period of 90 days following the termination of the Covered Military Family Member’s active duty status).
e. Counseling Activities: An employee may take FMLA/CFRA leave to attend counseling, provided that:
i. The need for counseling arises from the Covered Military Family Member’s active duty or call to active duty;
ii. Such counseling is provided by someone other than a health care provider; and
iii. The counseling is for the employee, the Covered Military Family Member, and/or the Covered Military Family
Member’s Child. (Note that if medical counseling is needed due to a serious health condition, the employee may be able to take FMLA/CFRA leave under Section III instead.)
334
26 f. Rest and Recuperation Activities: If a military member is granted short-term, temporary, rest and recuperation leave during the period of deployment, an employee may take FMLA/CFRA leave to spend time with the military member. An employee may take
FMLA/CFRA leave for this purpose for up to fifteen business days for each instance of rest and recuperation, beginning on the date the Covered Military Family Member commences each instance of rest and recuperation leave.
g. Post-Deployment Activities: An employee may take
FMLA/CFRA leave to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following termination of the Covered Military Family Member’s active-duty status. An employee may also take FMLA/CFRA leave to address issues that arise from the death of a Covered Military Family Member while on active-duty status, such as meeting and recovering the body of, making funeral arrangements for, or attending funeral services for the Covered Military Family Member.
h. Parental Care: An employee may take FMLA/CFRA leave for care of a Covered Military Family Member's Parent who is incapable of self-care.
i. "Incapable of self-care" means that the individual requires active assistance to provide daily self-care in three or more of the following activities: caring appropriately for one's grooming and hygiene; bathing; dressing; eating; cooking; cleaning; shopping; taking public transportation; paying bills; maintaining a residence; using telephones and
directories; using a post office; or other activities or instrumental activities of daily living.
ii. An employee may take parental care leave for the following purposes when the need arises from the covered active duty or call to active duty of the Covered Military Family
Member:
A. To arrange for alternative care of the Covered
Military Family Member's Parent from the existing
care arrangement;
B. To provide care for the Covered Military Family
Member's Parent on an urgent, immediate need basis
(as opposed to a routine, regular, or everyday basis);
335
27 C. To admit to or transfer to a care facility the Covered Military Family Member's Parent; or
D. To attend meetings with staff at a care facility, such as meetings with hospice or social service workers,
that are not regular or routine.
i. Additional Activities: An employee may take FMLA/CFRA leave for another form of exigency, provided that:
i. The reason for the leave arises out of the Covered Military Family Member’s active duty or call to active duty;
ii. The City and the employee mutually agree that such leave shall be considered taken for a qualifying exigency; and iii. The City and employee mutually agree on the timing and duration of the leave.
3. Employee Notice of Need for Military Exigency Leave. a. Timing of Notice: Employees are required to give notice of the need for military exigency leave as soon as practicable under the circumstances.
b. Content of Notice: Employees are required to provide the City with sufficient information, depending on the situation, to notify the City as to the anticipated timing and duration of the leave, that a Covered Military Family Member is on active duty or call to active duty status, and that one of the qualifying exigencies in Section V.A.2. is present.
c. Updates from Employee: The employee is required to advise the City as soon as is practicable when the dates of leave or other circumstances change.
4. City Response to Notice of Need for Military Exigency Leave: The City will request any additional, necessary information needed to process the employee’s request and will also follow the procedures set forth under Section III of this Policy in responding to an employee’s notice that employee has a need for military exigency leave.
5. Certification of Need for Military Exigency Leave: The City will request certification of the employee’s need for military exigency leave when it provides notice under Section III., and will provide the employee with a form to complete or an explanation of the information needed. Employees 336
28 requesting military exigency leave for the first time for a particular active duty or call to active duty are also required to provide the City with a copy of the military member’s active duty orders.
a. Required Information for Certification:
i. A signed statement or description by the employee of the facts supporting the request for leave for one or more of the reasons set forth in Section V.A.2 and any available
supporting written documentation, including, but not limited to, meeting announcements, appointment confirmations, or a copy of a bill for services.
ii. The approximate date on which the reason for the leave commenced, or will commence.
iii. The applicable timeframe.
A. If for a single, continuous period of time, the
beginning and end dates for the employee's absence
from work;
B. If on an intermittent or reduced schedule basis, the estimated frequency and duration of the employee's
absences.
iv. For leave involving a meeting with a third party, appropriate contact information for the individual or entity, such as name, title, organization, address, telephone number, fax number, and email address, as well as a brief description of the purpose of the meeting.
v. For leave involving rest and recuperation activities, a copy of the Covered Military Family Member's Rest and
Recuperation orders, or other documentation issued by the military indicating that the Covered Military Family
Member has been granted Rest and Recuperation leave and identifying the dates of that Rest and Recuperation leave. b. Timing of City’s Notice of Required Certification: The City will request the certification in accordance with the timeframes set forth in Section III.N. of this Policy.
c. Insufficient or Incomplete Certification: Employees are required to provide a complete and sufficient certification. If an employee provides an incomplete or insufficient certification, the City will 337
29 give the employee written notice of the deficiencies and seven calendar days to cure the deficiencies, unless seven days is not practicable, despite the employee’s diligent, good faith efforts. The employee’s leave may be denied if the employee fails to provide timely a required certification.
d. Verification of Certification: The City may verify the employee’s certification by contacting the appropriate Department of Defense unit to verify the military member is on active duty or call to active duty status. If the exigency involves meeting with a third party, the City may contact the entity or individual with whom the employee is meeting to verify the meeting or appointment schedule and the nature of the meeting. The City will not request additional information. No permission from the employee is required for such verification.
B. Military Caregiver Leave: In addition to military exigency leave, as described above, the FMLA provides for military caregiver leave. As explained at length below, military caregiver leave is available when an employee whose covered military spouse, registered domestic partner, child, or other covered relative has incurred a serious injury while on active duty. Leave granted under this Section shall count against the FMLA leave granted under Section III.
Specifically, the City will permit an employee who is the spouse, registered domestic partner, son, daughter, parent, or next of kin of a Covered Servicemember in the Regular Armed Forces, National Guard, or Reserves who has incurred a serious injury or illness in the line of duty, while on active duty, to take up to 26 workweeks in a single 12-month period, per Covered Servicemember, and per injury/illness of the servicemember.
Note that there are many differences between military exigency leave and military caregiver leave. The two types of FMLA military leave use different definitions, are utilized for different purposes, and grant different amounts of leave.
1. Definitions:
a. Armed Forces: The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves
b. Authorized Health Care Provider: For purposes of completing the certification required under Section V.3.b., an authorized healthcare provider includes any one of the following:
i. United States Department of Defense ("DOD") health care provider;
338
30 ii. A United States Department of Veterans Affairs ("VA") health care provider;
iii. A DOD TRICARE network authorized private health care provider;
iv. A DOD non-network TRICARE authorized private health care provider; or
v. Any health care provider permitted to provide medical certification under Section III.N of this Policy.
c. Covered Servicemember:
i. A current member of the Armed Forces 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
ii. 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, at any time during the period of five years preceding the date on which the employee commences FMLA leave to care for the veteran.
If the veteran was discharged or released under conditions other than dishonorable, the period from October 28, 2009 through February 8, 2013 shall not be counted in
determining whether the veteran's last day of service falls within the five-year period.
d. Next of Kin: The nearest blood relative of a Covered Servicemember (other than spouse, registered domestic partner, parent, son, or daughter), in the following priority order:
i. A blood relative designated in writing by the servicemember as the nearest blood relative for purposes of military
caregiver leave under the FMLA, who, if so designated, shall be the only next of kin for purposes of this Policy;
ii. Blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions;
iii. Brothers or sisters;
iv. Grandparents;
339
31 v. Aunts or uncles; and
vi. First cousins.
If no blood relative has been designated under section V.B.1.d.i., all blood relatives at the next applicable level of priority shall be considered "next of kin" who may take FMLA leave to provide care for the Covered Servicemember, either simultaneously or not. e Outpatient Status: The status of a Covered Servicemember who is assigned to a military medical treatment facility as an outpatient, or a unit established for the purpose of providing command and control of members of the military receiving medical care as outpatients.
f. Parent of a Covered Servicemember: A Covered
Servicemember's biological, adoptive, step or foster father or mother, or an individual who stood in loco parentis to a Covered Servicemember, within the meaning of Section III.D. of this Policy. g Son or Daughter of a Covered Servicemember: A Covered Servicemember's biological, adopted, or foster child, step child, legal ward, or child for whom the Covered Servicemember stood in loco parentis, within the meaning of Section III.D. of this Policy, except that this definition shall apply regardless of the child's age. h. Serious Injury or Illness:
i. For a current member of the Armed Forces: An injury or illness incurred by a Covered Servicemember in the line of duty on active duty (or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty or active duty), and that may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating.
ii. For a veteran who is a Covered Servicemember:
A. 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 line of
duty on active duty) and that manifested itself before
or after the member became a veteran; and
B. Is one of the following:
340
32 1. A continuation of a Serious Injury or Illness
that was incurred or aggravated when the
veteran was a member of the Armed Forces
and rendered the veteran unable to perform
the duties of their office, grade, rank, or
rating; or
2. A physical or mental condition for which the
veteran has received a U.S. Department of
Veteran Affairs Service-Related Disability
Rating (VASRD) of 50 percent or greater,
and the VASRD rating is based, in whole or
in part, on the condition precipitating the
need for the military caregiver leave; or
3. A physical or mental condition that
substantially impairs the veteran's ability to
secure or follow a substantially gainful
occupation by reason of a disability or
disabilities related to military service, or
would do so absent treatment; or
4. An injury, including a psychological injury,
on the basis of which the veteran has been
enrolled in the Department of Veterans
Affairs Program of Comprehensive
Assistance for Family Caregivers.
i. Veteran: A person who served in the Armed Forces, and who was discharged or released therefrom under conditions other than dishonorable.
2. Terms of Military Caregiver Leave. An employee may take up to 26 weeks of leave, during a 12-month period, to care for a Covered Servicemember with a Serious Injury or Illness. The 12-month period begins on the first date of the employee’s military caregiver leave.
Otherwise, except as set forth in this policy, the City shall grant military caregiver leave under the same terms that CFRA and other FMLA leave is granted under Section III of this policy.
3. Relationship to CFRA and Other FMLA Leave: Leave granted under this Section shall run concurrently with the FMLA and CFRA leave under Section III, unless the employee is caring for their “next of kin” who is not covered by the CFRA. Leave granted under this Section shall be included in computing the employee’s 12 weeks of leave granted under the FMLA, 341
33 so that an employee may not, under any circumstances, exceed 26 total weeks of FMLA leave in a rolling 12-month period.
4. Required Certifications: The City will provide the employee with a form to complete that certifies the servicemember’s family relationship, military status, and Serious Injury or Illness. The employee is required to ensure that this form, or an equivalent form containing the information set forth in this Section, is completely and sufficiently completed and returned within the same time periods set forth in Section III.N. of this Policy. If the employee fails to provide a complete and sufficient form, the City will inform the employee of the deficiencies, and grant the employee at least seven calendar days to cure them.
a. Certification of Family Relationship and Military Status: The City will require proof of the servicemember’s family relationship to the employee and proof of the servicemember's military status for the employee’s first request of military caregiver leave for a particular illness or injury for a particular servicemember. b. Certification of Serious Illness or Injury: The City will require certification from an Authorized Health Care Provider that the servicemember is suffering from a Serious Illness or Injury.
However, the employee will not be required to reveal the servicemember’s diagnosis.
i. The Authorized Health Care Provider may base the
certification upon their personal determination and/or may certify their reliance upon determination(s) made by an authorized DOD representative or an authorized VA
representative. The certification must also include:
A. The name, address, appropriate contact information
(telephone number, fax number, and/or email
address) of the health care provider, the type of
medical practice, the medical specialty, and the basis
on which employee is an authorized health care
provider, as set forth in Section V.B.1.b, above;
B. The approximate date on which the injury or illness
commenced, or was aggravated, and its probable
duration; and
C. Information sufficient to establish that the Covered Servicemember is in need of care, and addressing the
following matters:
342
34 1. Whether the need for care is for a single
continuous period, and if so, an estimate of
the beginning and ending dates, including
any time needed for treatment and recovery;
2. Whether there is a medical necessity for
periodic care, based on a schedule of planned
medical treatment, and if so an estimate of the
treatment schedule;
3. Whether there is a medical necessity for
periodic care for reasons other than planned
medical treatment, such as episodic flare-ups,
and if so, an estimate of the frequency and
duration of the periodic care.
5. Alternative Certifications:
a. Special Automatic Certification: The DOD may issue a special invitation to a member(s) of a servicemember’s family when a DOD health care provider has determined that the injury or illness is serious enough to warrant the immediate presence of a family member at the servicemember’s bedside. If the DOD issues an invitational travel order (“ITO”) or invitational travel authorization (“ITA”) for “medical purposes” to any member(s) of the
servicemember’s family (even if the employee’s name is not on it), the ITO or ITA constitutes automatic certification of military status and Serious Injury or Illness for the period of time specified in the ITO or ITA for the employee to take leave on either a continuous or intermittent basis, and the City will not require further certification of those matters for the specified period of time. However, in this circumstance, the City may still require proof of the covered family relationship between the employee and the servicemember. The ITO or ITA is in effect for the duration specified on it. If the employee wishes to request leave to care for a Covered Service Member beyond the period of time specified in an ITO or ITA, the employee must submit additional certification in accordance with Section V.B.3.b., above.
b. Documentation of Enrollment in Department of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers: As another alternative to the certification required under Section V.B.3.b., the City will accept as sufficient certification documentation of the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers, whether or not the employee is the named caregiver in the 343
35 enrollment documentation. However, the City may still require proof of the covered family relationship between the employee and the servicemember. The City may also require proof of the servicemember's date of discharge and proof that the
servicemember's discharge was other than dishonorable.
6. Authentication and Clarification: The City may seek authentication and clarification of a certification issued under Section V.B.3.d., or of an ITO or ITA, or of documentation of enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
7. Second and Third Opinions: No second or third opinions of the servicemember’s Serious Illness or Injury will be sought from an Authorized Health Care Provider who meets the criterion set forth in V.B.1(a)(i)-(iv); however, when a certification has been completed by an Authorized Health Provider who meets the criteria in V.B.1(a)(v), the City may request a second or third opinion. No second or third opinions will be sought regarding an ITO or ITA for the period of time specified in the ITO or ITA.
8.. Recertification: No recertifications of the servicemember’s Serious Illness or Injury will be sought.
9. Administrative Delays in Issuance of Military Documents: When an employee is unable to submit required documentation within the timeframe required under Section III.N, despite the employee’s diligent, good faith efforts to obtain such documents, the City will not delay or deny leave on the grounds of such administrative delay.
VI. EMPLOYEE RESPONSIBILITIES AND DUTY TO COOPERATE
Employees are expected to fully cooperate with the City in meeting the obligations and requirements set forth under this Policy, as well as those set forth in state and federal law.
An employee’s cooperation includes, but is not limited to, timely completion of all requested forms and responding to all inquiries for additional information. Cooperation also requires that an employee respond to the City’s inquiries for information to determine whether the employee is requesting leave under the FMLA, CFRA, and/or PDL.
Employees are also required to consult with the City and make a reasonable effort to schedule foreseeable treatments so as to not unduly disrupt the City’s operations.
Employees on family care or medical leave will respond to the City’s reasonable inquiries and keep the City updated as to the status of the employee’s family care or medical leave.
Failure to cooperate with the City or failure to meet the employee’s responsibilities may result in a delay in granting the employee’s leave, a denial of leave, and/or a denial of the protections and benefits afforded by the FMLA, CFRA, and/or PDL. Employees who have questions about their responsibilities under this Policy will direct their inquiries to Human 344
36 Resources.
345
Employer-Employee Relations Policy
September 2025
346
TABLE OF CONTENTS
Page
Section 1 General Provisions .................................................................................... 1
1.01. Statement of Purpose ................................................................................ 1
1.02. Definitions .................................................................................................. 1 Section 2 Representation Proceedings...................................................................... 1
2.01. Filing of Recognition Petition by Employee Organization........................... 1
2.02. City Response to Recognition Petition....................................................... 2
2.03. Open Period for Filing Challenging Petition ............................................... 2
2.04. Granting Recognition Without an Election ................................................. 3
2.05. Election Procedure .................................................................................... 3
2.06. Procedure for Decertification of Exclusively Recognized Employee Organization .............................................................................................. 4
2.07. Policy and Standards for Determination of Appropriate Units .................... 6
2.08. Procedure for Modification of Established Appropriate Units ..................... 7
2.09. Appeals...................................................................................................... 8 Section 3 Administration ............................................................................................ 1
3.01. Submission of Current Information by Recognized Employee Organizations............................................................................................. 1
3.02. Employee Organization Activities - Use of City Resources........................ 1
3.03. Meeting and Conferring in Good Faith and Memoranda of Understanding. .......................................................................................... 1
3.04. Administrative Rules and Procedures........................................................ 2 Section 4 Impasse Procedures.................................................................................. 1
4.01. Initiation of Impasse Procedures................................................................ 1
4.02. Mediation ................................................................................................... 1
4.03. Factfinding ................................................................................................. 2
4.04. Costs of Impasse Procedures.................................................................... 5 Section 5 Miscellaneous Provisions........................................................................... 1
5.01. Construction............................................................................................... 1
5.02. Severability ................................................................................................ 1
5.03. City Management Rights............................................................................ 1
5.04. Rights of City Employees........................................................................... 3 347
Section 1 -- Page 1
Section 1 General Provisions
1.01. Statement of Purpose
A. This Policy implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, City ordinances or resolutions, and rules which provide for other methods of administering employer-employee relations. This Policy is intended, instead, to strengthen methods of administering employer-employee relations through the establishment of a uniform and orderly process for communications between employees, employee organizations, and the City.
B. It is the purpose of this Policy to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that affect terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, City ordinances. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work.
1.02. Definitions
As used in this Policy, the following terms shall have the meanings indicated:
A. "Appropriate unit" means a group of employee classes or positions, established pursuant to Article II herein.
B. "City" means the City of Soledad, and, where appropriate, refers to the City Council or any duly authorized City representative as herein defined.
C. "Confidential Employee" means an employee who has access to or advance knowledge of decisions relating to the City’s employer-employee relations or access to or advance knowledge of information relating to or developed for the purpose of making decisions relating to the City's 348
Section 1 -- Page 2
administration of employer-employee relations. Confidential employees shall be excluded from any bargaining unit containing employees other than those designated as confidential, management and/or supervisory.
D. "Consult," as used in this Policy, means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views, or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the scope of required meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV herein.
E. "Day" means calendar day unless expressly stated otherwise.
F. "Employee" means any person holding a regular position of employment with the City.
G. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate unit pursuant to Article II herein, having the exclusive right to meet and confer in good faith concerning required subjects pertaining to unit employees, and thereby assuming the corresponding obligation to fairly represent such employees.
Such recognition status may not be challenged by another employee organization (1) within twelve (12) months of such recognition, and (2) to take effect during a Memorandum of Understanding having a term of up to three (3) years.
H. “Factfinding.” The process required by the MMBA in which disputes are submitted to a panel consisting of one member selected by each party and a chairperson selected either by the Public Employee Relations Board (“PERB”) or by mutual agreement of the parties. After consideration of all the relevant facts, the panel makes findings of fact and provides recommended terms of settlement to the parties.
I. "Impasse" means that the representatives of the City and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and subjects over which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
J. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies, procedures, and programs.
349
Section 1 -- Page 3
K. "Meet and Confer in Good Faith" means as defined in Section 3505 of the California Government Code. Generally this term means the performance, by the Employee Relations Officer or his/her authorized representative, and by the duly authorized representative of a formally recognized employee organization, of their mutual obligation to meet and confer promptly upon request by either party and to continue for a reasonable period of time in order to freely exchange information, opinions and proposals. The process should include adequate time for the administration of impasse procedures set forth in the Personnel Rules and Regulations Manual, and to reduce any agreement to writing and to obtain the appropriate approvals. “Meet and confer in good faith” does not require either party to agree to a proposal or to make a concession.
L. "Memorandum of Understanding" or "MOU" means a written, negotiated agreement or contract between the City and an Exclusively Recognized Employee Organization which incorporates all agreed upon matters, and which is signed by the duly authorized representative of the City and the exclusively recognized employee organization. MOU's are not binding until ratified by the labor organization and adopted by the City Council.
M. “Peace Officer.” An individual employed by the City as defined by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code and Section 3508 of the MMBA.
N. "Personnel Officer" means the City Manager or duly authorized representative or designee.
O. “Professional Employee.” An employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to engineers, architects, and the various types of physical, chemical, and biological scientists., as designated by the City Manager, subject to the provisions of California Government Code Section 3500 et seq., as applicable to the City.
This definition shall include work of an employee that: (1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (2) Involves the consistent exercise of discretion and judgment in its performance; (3) Is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and (4) Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical process; or is an employee who has completed the courses of specialized intellectual instruction and study described in this part (4), above, and is performing related work under the supervision of a professional person to qualify to 350
Section 1 -- Page 4
become a professional employee as defined in (1) through (4), above. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute. The parties shall split any cost of such mediation.
P. "Proof of Employee Support" means Demonstrated proof that the requisite number of individual employees have clearly shown a desire to be represented by an employee organization for the purposes of meeting and conferring on wages, hours, and other terms and conditions of employment, or in the case of decertification petition, have clearly demonstrated that the employees no longer desires to be represented by the exclusive representative, using one or a combination of the following:
(1) an authorization card recently signed and personally dated by an employee, or
(2) a verified authorization petition or petitions recently signed and personally dated by an employee, or
(3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization.
The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee.
The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition.
Q. "Scope of Representation" means as defined in Section 3505 of the California Government Code. Generally this means all matters relating to employment conditions in employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment, except however, that the scope of representation shall not include matters reserved to management discretion under the MMBA - i.e. management rights, including consideration of the merits, necessity or organization of any service or activity carried out by the City.
R. "Supervisory Employee" means any employee, regardless of job description, having authority, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a mere routine or clerical nature, but requires the use of 351
Section 1 -- Page 5
independent judgment. Supervisory employees shall be excluded from any bargaining unit containing employees other than those designated as supervisory, management, and/or confidential.
352
Section 2 -- Page 1
Section 2 Representation Proceedings
2.01. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as the exclusively recognized employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
A. Name and address of the employee organization.
B. Names and titles of its officers.
C. Names of employee organization representatives who are authorized to speak on behalf of the organization.
D. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
E. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
F. Certified copies of the employee organization's constitution and bylaws.
G. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
H. A statement that the employee organization has no restriction on membership based on race, color, ancestry, religion, creed, gender, gender identity, gender expression, national origin, age, sex, sexual orientation, mental or physical disability; genetic information, marital status, military or veteran status, medical condition or any other basis protected by local, state and/or federal law.
I. The group of job classifications or position titles of employees in the unit claimed to be appropriate, and the approximate number of employees in each job classification or job title, and the department and/or office to which they are affiliated with.
J. A statement that the employee organization has in its possession proof of employee support, as defined herein, from at least 30% of the employees in the unit claimed to be appropriate. The proof of support must clearly demonstrate that a majority of the employees in the proposed unit desire to have the employee organization represent them for the purposes of meeting 353
Section 2 -- Page 2
and conferring on wages, hours and other terms and conditions of employment. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed disinterested third party in a sealed envelope, marked “confidential.”
K. A request that the Employee Relations Officer formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
2.02. City Response to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
A. There has been compliance with the requirements of the Recognition Petition set forth in 17.03; and
B. The proposed representation unit is an appropriate unit in accordance with Section 17.09.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officer shall so inform the petitioning employee organization, give written notice of such request for recognition to the employees in the unit, and take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination remains unchanged, shall inform that organization of the reasons therefore in writing within 15 working days of the date the petition for recognition was submitted.
The petitioning employee organization may appeal such determination in accordance with Section 17.11 of this Policy.
2.03. Open Period for Filing Challenging Petition
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the 354
Section 2 -- Page 3
recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 17.03 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 17.09 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination, or appeal such determination pursuant to Section 17.11 of this Article II.
2.04. Granting Recognition Without an Election
When an employee organization petitioning for exclusive recognition as the representative of a unit determined to be appropriate, submits written proof that it represents at least 50 percent of the employees in such unit with its petition for recognition and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the exclusive recognized employee organization for the designated unit.
2.05. Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Officer and the affected employee organization(s), in accordance with such party's rules and procedures, and subject to the provisions of this Policy. All employee organizations who have duly submitted petitions which have been determined to be in conformance with 17.03 shall be included on the ballot. The choice of “no organization” shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which includes the date which is (15) days before the date of the election, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of 355
Section 2 -- Page 4
the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.
There shall be no more than one valid election under this Policy pursuant to any petition in a 12-month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
2.06. Procedure for Decertification of Exclusively Recognized Employee Organization
A Decertification Petition alleging that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition, or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A decertification petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
A. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.
B. The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as a representative of that unit.
C. An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
D. Proof of employee support that at least thirty (30) percent of the employees in the established recognized appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section
17.08. 356
Section 2 -- Page 5
The petition, including all accompanying documents, shall be verified, under oath, by the person signing it that its contents are true. It may be accompanied by a petition for recognition by a challenging organization.
E. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information and otherwise conforms to the requirements of Section 17.03 of this Article II.
The employee organization must also state that it wishes to replace the incumbent employee organization as the exclusive representative The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If the determination is in the negative, the Employee Relations Officer shall offer to meet thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 17.11 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if a negative determination is reversed on appeal, the Officer shall give written notice of such Decertification or Recognition Petition to the incumbent exclusively recognized employee organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 17.07 of this Article II.
During the "open period" specified in the first paragraph of this Section 17.08 of this Article II, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent exclusively recognized employee organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 17.08, which the Employee Relations Officer shall act on in accordance with this Section 17.08 of this Article II.
If, pursuant to this Section 17.08 of this Article II, a different employee organization is formally acknowledged as the exclusively recognized employee organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. 357
Section 2 -- Page 6
2.07. Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
A. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
B. The extent to which members have similar work location and interaction with other City employees.
C. The extent to which members interchange job functions and job duties.
D. The extent to which members have a common line of supervision.
E. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
F. Consistency with the organizational patterns of the City.
G. Number of employees and classifications, and the effect of the unit on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
H. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units.
I. The application and consistency of wage, hour, and benefit packages (including retirement benefits) within the proposed bargaining unit.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 17.02 of this Policy, are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may only be included in units that do not include non-managerial, non-supervisory and non-confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. In the establishment of appropriate units, professional employees shall not be denied the right to be represented separately from nonprofessional employees. 358
Section 2 -- Page 7
The Employee Relations Officer shall have the responsibility of designating the confidential, managerial, supervisorial or professional status of employees upon the initial formation of a bargaining unit; and thereafter, upon the petition by an employee organization or by the recommendation of the City Manager.
Full-time Peace Officers may not be denied the right to be included in a “peace officer” only unit as that term is defined in these rules and regulations.
The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final.
2.08. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 17.08 of this Article II. An employee organization may initiate a petition under this section to: (1) add unrepresented classifications to a unit it represents; (2) divide a unit it represents into 2 or more units; (3) to consolidate 2 or more units it represents into 1 unit; (4) to delete classifications or positions from a unit, where by virtue of changes in circumstances, the positions are no longer appropriate in the established unit; (5) to make technical changes to clarify or update the unit descriptions; (6) to resolve a dispute as to unit placement or designation of a new classification or position; or (7) to delete classifications or positions in cases where no changes in circumstance are alleged, on the basis that the classification or positions is management, confidential, supervisory, or professional, and is otherwise prohibited by law from inclusion in the unit. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section
17.03 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 17.09 of this Article II, including:
A. The name, address, and telephone and fax numbers of the exclusive representative(s) of the unit(s) affected by the petition; B. A brief description of the title(s) of the established unit(s); C. A brief description of the modification(s) sought by the petition, including, but not limited to, a statement of the position(s) or classification(s) that the petition seeks to include in the unit;
D. A list of all classifications to be included in the modified unit and the number of employees in each classification, as well as the division(s) and/or department(s) to which they belong;
359
Section 2 -- Page 8
E. Written proof of support that at least 30 percent of the employees within the classifications, who, if the proposed modification should be granted, would be moved from one represented unit to another; except that there is no proof of support requirement for the proposed addition of employees constituting less than ten percent or the original unit and where the proposed addition would increase the size of the established unit by less than ten percent. (1) If the petition requests the addition of classifications or positions to an established unit, and the proposed addition would increase the size of the established unit by ten percent or more, the Public Employment Relations Board (“Board”) shall require proof of majority support of persons employed in the classifications or positions to be added. (2) If the petition requests the addition of classifications or positions to an established unit and the classifications or positions are also included in a proposed appropriate unit in a pending request for recognition or petition for certification, the Board shall require proof of at least thirty percent support of persons employed in the classifications or positions to be added.
The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.
The Employee Relations Officer may by his/her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 17.09 of this Article II, and shall give written notice of such determination to the affected employee organization(s). The Employee Relations Officer's determination may be appealed as provided in Section 17.11 of this Article II. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units pursuant to Section 17.03 of this Article II.
2.09. Appeals
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec.
17.03), Challenging Petition (Sec. 17.05), Decertification Petition (Sec. 17.08), Unit Modification Petition (Sec. 17.10), or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 17.08) has not been filed in compliance with the applicable provisions of this Article II, may, within ten (10) days of notice of the Employee Relations 360
Section 2 -- Page 9
Officer's final decision, request to appeal such determination to the City Council for final decision.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy therein served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty calendar (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding.
361
Section 3 -- Page 1
Section 3 Administration
3.01. Submission of Current Information by Recognized Employee Organizations
All changes in the information filed with the City by an exclusively recognized employee organization under items (A.) through (K.) of its recognized petition under Section 17.03 of this Policy shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.
3.02. Employee Organization Activities - Use of City Resources Access to City work locations and facilities by employee organizations shall be authorized only to the extent required by the MMBA or provided for in the appropriate Memoranda of Understanding for an exclusively recognized employee organization. Such activities and access shall be limited to:
A. Activities pertaining directly to the employer-employee relationship and not other activities such as political campaigns;
B. Non-work time when employees are free from duty, and in non-work locations within the City facilities unless prior arrangements have been made with management at the facility;
C. Such times and locations that do not interfere with the employees’ regular duties, or the efficiency, safety and security of City operations.
3.03. Meeting and Conferring in Good Faith and Memoranda of Understanding.
Pursuant to the provisions of California Government Code, Section 3500 et seq., as said sections apply to City, the City, through its designated representatives, shall meet and confer in good faith with representatives of exclusively recognized employee organizations, regarding matters within the scope of representation.
Only exclusively recognized employee organizations shall be entitled to negotiate with duly designated management representatives on wages, hours, and other terms and conditions of employment for the employees in the bargaining units for which they have been recognized as the exclusive representative.
When the meet and confer process is concluded between the City and an exclusively recognized employee organization, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and the exclusively recognized employee organization. The memorandum of understanding shall be submitted to the City Council for determination and implementation on matters over which the Council has authority. A memorandum of understanding shall not be binding on the City or the exclusively recognized employee organization until approved by the City Council. 362
Section 3 -- Page 2
3.04. Administrative Rules and Procedures
The City Manager or designee is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Policy after consultation with affected employee organizations. 363
Section 4 -- Page 1
Section 4 Impasse Procedures
4.01. Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in Section 17.02 of this Policy, either party may initiate the impasse procedure by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
A. To review the position of the parties in a final good faith effort to reach agreement on a Memorandum of Understanding;
B. To identify and specify in writing the issue or issues that remain in dispute; and
C. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedure provided herein, including mediation and possible factfinding.
4.02. Mediation
A. If the City and the exclusively recognized employee organization do not resolve the disputed issues at the impasse meeting, the parties may agree to submit the dispute to mediation within 5 working days following the impasse meeting. If the parties agree to submit the dispute to mediation, within 10 working days after the impasse meeting, the City Manager shall notify the California State Mediation and Conciliation Service that the parties have reached impasse and request the appointment of a mediator and scheduling of mediation as soon as possible. Alternatively, the parties may mutually agree to the selection and scheduling of a particular mediator or receive a list of seven (7) mediators from the California State Mediation and Conciliation Service. If the parties agree to select a mediator from a list of seven (7), the parties shall select one from the list by, after a toss of coin (with the winner of the coin toss to decide which party shall move first), alternately striking names until one name remains. That person remaining shall serve as the mediator. The parties shall provide to the mediator written statements outlining their relative positions on the remaining disputed issues. All mediation proceedings shall be private. The mediator shall make no public recommendation or statement, nor take any public position at any time concerning the issues.
B. The mediator or either party shall have the right to terminate the mediation proceedings at any time and for any reason. When either party determines mediation is unsuccessful, but no later than thirty (30) calendar days after the appointment of the mediator, mediation shall be deemed to have concluded.
364
Section 4 -- Page 2
4.03. Factfinding
A. Request for Factfinding.
1. When the Dispute was Submitted to Mediation. In the event that the City and the exclusively recognized employee organization fail to reach agreement through mediation, the exclusively recognized employee organization may request factfinding be used in an attempt to resolve the remaining issues in dispute. The exclusively recognized employee organization must submit the request for factfinding in writing to the Public Employment Relations Board (“PERB”), with a copy sent simultaneously to the City Manager. If the dispute was submitted to mediation, the exclusively recognized employee organization may request factfinding not sooner than thirty (30) calendar days, but not later than 45 calendar days, following the appointment or selection of the mediator, selected/appointed in accordance with 17.17 above.
2. When the Dispute was not Submitted to Mediation. If the dispute was not submitted to mediation, the exclusively recognized employee organization must request factfinding no later than 30 calendar days from the date either party presented a written declaration of impasse. Requests for factfinding shall be made in accordance with the MMBA and applicable PERB Regulations.
3. Within 5 calendar days of submitting a request for factfinding with PERB, the exclusively recognized employee organization must submit the following written information to the City:
a. A statement that the parties are at an impasse and have been unable to reach agreement;
b. A statement identifying the issues in dispute; and
c. Any documentation to support the party’s position.
B. Selection of Factfinding Panel. If the exclusively recognized employee organization timely requests factfinding, a factfinding panel of three shall be appointed in the following manner:
1. Within five (5) calendar days of the request for factfinding, each party shall select one individual of its own choosing to serve on the factfinding panel.
2. Within five (5) calendar days of the request for factfinding, the City and the exclusively recognized employee organization shall jointly select the third member of the factfinding panel (“Pre-Designated 365
Section 4 -- Page 3
Chairperson”) and the third person shall serve as the factfinding panel chairperson.
3. If the parties are unable to mutually agree on a Pre-Designated Chairperson within five (5) calendar days of the exclusively recognized employee organization’s request for factfinding, the City shall request that PERB provide the parties a list of seven (7) qualified factfinders, and the parties will select a factfinder from this list who will certify that he or she will start the factfinding proceedings within ten (10) calendar days of notification by the parties. After a toss of a coin to decide which party shall strike the first name, a representative of the City and a representative of the exclusively recognized employee organization shall alternatively strike one name from the list until one name remains, and such person shall act as the factfinding Pre-Designated Chairperson.
The next to the last name stricken shall be the alternate factfinding chairperson in the event the first named person is not available.
The procedure shall be followed until there is an available PreDesignated Chairperson. The City shall confirm, with PERB, the Pre-Designated Chairperson within ten (10) calendar days of the date it received a list of seven (7) qualified fact-finders from PERB.
C. Factfinding Proceedings. All factfinding proceedings shall be private. The factfinding members and/or the factfinding panel shall not have the authority to resolve the dispute. The members of the factfinding panel, the City, and the exclusively recognized employee organization shall each maintain the confidentiality of the factfinding process.
1. The factfinding process shall be deemed to be completed thirty (30) calendar days after the appointment of the Pre-Designated Chairperson. The factfinding panel or chairperson may not extend the time lines without expressed mutual written consent of the parties.
2. Failure by either party to be available within the thirty (30) calendar day time period shall not cause an extension of the time frames.
3. The factfinding panel shall be limited in scope only to the matters the parties identified as having reached impasse over and to those matters within the mandatory subjects of bargaining unless the parties mutually agree, in writing, to submit issues that are nonmandatory subjects.
D. Factfinding Criteria. The factfinding panel shall consider, weigh, and be guided by the following criteria:
1. State and federal laws that are applicable to the employer. 366
Section 4 -- Page 4
2. Local rules, regulations, or ordinances.
3. Stipulations of the parties.
4. The interests and welfare of the public and the financial ability of the public agency.
5. Comparison of the wages, hours, and conditions of employment of the employees involved in the factfinding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
6. The consumer price index for goods and services, commonly known as the cost of living.
7. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
8. Any other facts, not confined to those specified in paragraphs (1) to (7), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations.
E. Factfinding Report. Within thirty (30) calendar days after its appointment, the factfinding panel shall submit in writing a report containing any findings of fact and recommended terms of settlement to the parties.
1. To the extent the factfinding panel makes findings and recommendations, those findings and recommendations shall be made on an issue-by-issue basis, either making no
recommendation (and indicating that no recommendation is being made), or recommending either the City’s position or the exclusively recognized employee organization’s position.
2. The factfinding panel shall limit is findings and recommendations to the issues that fall within mandatory subjects of bargaining, unless the parties mutually agree, in writing, to submit issues that are nonmandatory subjects.
3. The parties shall maintain the confidentiality of the factfinding panel’s report during the first nine (9) calendar days following its issuance. If the parties have not reached agreement on a new or successor memorandum of understanding by ten (10) calendar days following issuance of the factfinding panel’s report, the City shall make the report public.
367
Section 4 -- Page 5
4. The factfinding report shall be advisory only, and the City Council may choose to adopt or act on any, all, or none of the
recommendations of the panel.
5. On or after the date the City has released the factfinding panel’s report to the public, the City may, after holding a public City Council hearing regarding the impasse, implement the last, best and final offer, but may not implement a memorandum of understanding.
6. If the factfinding panel was unable to meet the deadline, and thereby is unable to recommend terms of settlement to the City Council, that fact shall constitute the totality of the report.
F. Discontinuation of Factfinding. Notwithstanding any other provision of these Rules, the exclusively recognized employee organization may choose to discontinue ongoing factfinding at any time by notifying the City in writing that it waives its right to complete the factfinding process. Written waivers shall be irrevocable. Upon receiving a waiver from the exclusively recognized employee organization, the City may, after holding a public hearing regarding the impasse, implement the last, best, and final offer.
G. The factfinding provisions contained in these Rules shall remain in effect and apply only so long as state law requires the parties to proceed to factfinding.
4.04. Costs of Impasse Procedures
The cost for the services of a mediator and fact-finder or chairperson of a factfinding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and the exclusively recognized employee organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
368
Section 5 -- Page 1
Section 5 Miscellaneous Provisions
5.01. Construction
This Policy shall be administered and construed as follows:
A. Nothing in this Policy shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or State law.
B. This Policy shall be interpreted so as to carry out its purpose as set forth in Article I.
C. Nothing in this Policy shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall be subject to disciplinary action up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights afforded to them under City law or a ratified and approved MOU.
5.02. Severability
If any provision of this Policy, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Policy, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
5.03. City Management Rights
The City retains the sole right to manage its business and determine the merits, necessity, nature, or extent of services to be performed. Unless specifically in conflict with a ratified and approved MOU, all management rights shall remain vested exclusively with the City. In addition to all rights or powers granted by law, City's management rights include but are not limited to:
A. The right to determine the mission of the City, including without limitation the City's departments, divisions, institutions, boards and commissions; 369
Section 5 -- Page 2
B. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, location and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;
C. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any positions(s) within the City;
D. The right to review and inspect, without notice, all City-owned facilities, including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems, to the full extent permitted by law;
E. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any city work, and to contract out for work;
F. The right to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met; G. The right to maintain and modify the City's classification plan; H. The right to establish and enforce employee performance standards; I. The right to schedule and assign work, make reassignments and assign overtime work;
J. The right to hire, fire, promote, discipline, reassign, transfer, release, layoff, terminate, demote, suspend or reduce in step or grade, all employees; K. The right to establish and modify bargaining units; to assign new or amended classifications to particular bargaining units; and to designate any position confidential, supervisory, management or otherwise for bargaining unit assignments pursuant to the MMBA;
L. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require employees to appear, respond truthfully and cooperate in good faith regarding any City investigation;
M. The right to maintain orderly, effective and efficient operations; N. The right to publish its views, and to distribute appropriate information, concerning any labor relations issue;
370
Section 5 -- Page 3
O. The right to correct misstatements and other inaccurate information disseminated by third parties concerning the City's labor relations and any aspect thereof; and
P. The right to take any appropriate lawful measure to ensure the best delivery of services to the public in response to any work stoppage, including without limitation: (a) altering work schedules or locations to ensure coverage; (b) investigating absences to ensure no violation of City policies.
Except in cases of emergencies as defined in the MMBA or in Government Code section 8558, the City shall provide advance notice to each recognized employee organization affected by any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall give such recognized employee organization the opportunity to meet with city representatives. In the event of emergency causing the City to immediately adopt an ordinance, rule, resolution or regulation directly relating to matters within the scope of representation, the City shall provide notice and opportunity to meet at the earliest practicable time.
5.04. Rights of City Employees
Unless specifically in conflict with a ratified and approved MOU, all employees shall enjoy the following rights:
A. The right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations;
B. The right to refuse to join or participate in the activities of employee organizations;
C. The right to represent themselves individually in their employee/employer relations; and
The right to be free of interference, intimidation, restraint, coercion, or discrimination because of exercising rights specified in this section. 371
1 SERVICE AND EMOTIONAL SUPPORT ANIMAL POLICY
I. PURPOSE AND POLICY
The City of Soledad (“City”) may permit employees, on a case-by-case assessment, to bring a service or emotional support animal on City premises during working hours, subject to this Service and Emotional Support Animal Policy (“Policy”). This Policy applies to all employees of the City and is designed to work in conjunction with the City’s reasonable accommodation policy for qualified individuals with a disability, as such terms are defined under the law.
II. PROCEDURE
Prior to bringing a service or emotional support animal on premises, an employee must request a reasonable accommodation and start the interactive process with Human Resources. The Human Resources Manager will review the request and seek approval from the Personnel Director. An employee who requests the support of a service or emotional support animal must provide a letter from their health care provider certifying that the animal is necessary as an accommodation to allow the employee to perform the essential functions of their job.
III. SERVICE ANIMALS
The American with Disabilities Act (“ADA”) defines a service animal as a dog or miniature horse that has been individually trained to do work or perform tasks for an individual with a disability.
The task(s) performed by the service animal must be directly related to the person’s disability. The City may, subject to compliance with this Policy and any other related requirements contained in the City’s Personnel Rules and Regulations Manual or any other related policy, approve an employee’s service animal at City offices.
IV. EMOTIONAL SUPPORT ANIMALS
An emotional support animal (also known as a comfort animal) provides reassurance just by being with a person. Dogs, cats, birds, hamsters, and many other species can serve as emotional support animals. However, they do not qualify as “service animals” under the ADA. The City has chosen to allow emotional support animals on its premises, only if these two conditions are met:
• The animal owner has obtained prior approval from the Personnel Director; and • The animal does not pose a threat of harm or disruption to others. Whether an animal poses a threat of harm or disruption to others is subject to the pertinent Department Director’s sole evaluation, in consultation with Human Resources, based on the Department Director’s sole discretion. A decision that an animal poses such harm or disruption, is not subject to appeal or grievance and shall be final and binding.
Please note: each employee requesting an emotional support animal must comply with the same limitations, restrictions, and requirements as employees requesting a service animal, which appear below. Employees who do not uphold these responsibilities may be asked to remove an emotional support animal from the premises.
372
2 V. RESPONSIBILITIES OF EMPLOYEES BRINGING SERVICE ANIMALS OR
EMOTIONAL SUPPORT ANIMALS
A. Medical Need for Animal. An employee who requests the support of a service or emotional support animal must provide a letter from their health care provider certifying that the animal is necessary as an accommodation to allow the employee to perform the essential functions of their job.
B. Control. The service or emotional support animal must respond to voice or hand commands and be under the full control of its employee handler. Animals should always be on a leash or harness unless the leash or harness would reasonably interfere with its service or support.
The animal should not destroy City or building property or the property of people onsite, show aggression or cause physical harm, or otherwise endanger the health or safety of anyone in the workplace.
C. Etiquette. The service or emotional support animal should not actively seek the attention of other people, display behaviors or noises that are disruptive in the workplace, or create offensive odors.
D Waste Cleanup. All service or emotional support animals must be housebroken.
Employee handlers must ensure that their animal has adequate breaks for relieving itself. The cleanup of waste is the sole responsibility of the employee handler. In the event of an accident in City offices, the employee handler must clean the fluid or other matter and inform Human Resources so that a thorough cleaning may be completed.
E. General Cleanup. The employee handler is responsible for cleaning up after their animal before leaving the office each day.
F. Equipment. The employee handler should bring items necessary to support their animal while in City offices including but not limited to a leash, harness, food/water bowl(s), and/or sleeping mat/pad. The City is not responsible for any loss or damages to these items.
VI. REMOVAL OF SERVICE AND EMOTIONAL SUPPORT ANIMALS
Please note that the City assumes no responsibility for the care or well-being of service or emotional support animals. The City reserves the right to remove a service or emotional support animal from the premises in certain circumstances including, but not limited to the following:
• The animal is not under the employee handler’s control; • The animal is not house-trained;
• The animal is disruptive, exhibits aggression or causes physical harm, or otherwise endangers the health or safety of anyone in the workplace; • The animal destroys City or building property or the property of others; or • The animal produces offensive odors
373
3 A determination as to whether a service or emotional support animal shall be removed is subject to the pertinent Department Director’s sole evaluation, in consultation with Human Resources, based on the Department Director’s sole discretion. A decision that an animal shall be removed under to this policy is not subject to appeal or grievance, and shall be final and binding. 374
SUBJECT: Presentation on the Talk to Me Technologies Communication Boards TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: September 3, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.
Recommendation
It is recommended that City Council receive a presentation on the Talk to Me Technologies Communication Boards and provide direction on park locations.
Executive Summary
Board of Supervisor Lopez, through his discretionary funding, expressed interest in supporting the installation of communication boards in parks located in the four South Monterey County cities of Gonzales, Soledad, Greenfield, and King City. Mayor Pro Tem Cabrera introduced the concept to Supervisor Lopez after seeing the Talk to Me Technologies Communication Boards in use in Coalinga, California. Supervisor Lopez supported the initiative and agreed to fund eight boards—two for each city—provided that each city would cover installation costs. Installation expenses are expected to be minimal, and the total funding commitment for the boards is approximately $8,000. Staff is proposing to install the boards at Orchard Lane Park and Peverini Park because they are heavily used and contain a variety of amenities that can maximize the usefulness of the communication boards.
Background
On August 6, 2025, Mayor Pro Tem Cabrera requested that his discussion with Supervisor Lopez regarding the inclusive Talk to Me Technologies Communication Boards, which had been installed in a park in Coalinga, be placed on the City Council agenda. The City Manager did not include the item on the August 20 meeting agenda in order to gather additional information from Supervisor Lopez’s office.
Staff was subsequently able to confirm that the Supervisor would fund two boards per city and that no separate Board of Supervisors action was required, as this funding is discretionary.
Review & Analysis
Board of Supervisor Lopez, through his discretionary funding, has expressed interest in supporting the installation of Talk to Me Technologies Communication Boards in parks across the four South Monterey County cities of Gonzales, Soledad, Greenfield, and King City. Mayor Pro Tem Cabrera introduced the concept to Supervisor Lopez after observing these boards in use at a park in Coalinga, 375
California. Supervisor Lopez supported the initiative and agreed to fund eight boards, two per city, with the understanding that each city would cover installation costs. Installation expenses are expected to be minimal, and the total funding commitment for the boards is approximately $8,000.
In Soledad, the proposed locations—Orchard Lane Park and Peverini Park—were identified due to their high usage and variety of amenities, which will allow the boards to be most effectively utilized.
Both parks host numerous visitors and community activities, making them ideal sites to support inclusive communication and engagement for residents of all ages and abilities.
Board Features
The communication boards are designed to enhance accessibility and inclusion, providing easy access to commonly used words for communication across multiple settings.
Key features include:
Super Core Vocabulary Set: Developed from Grid software and designed by a team of SpeechLanguage Pathologists and Vocabulary Design Specialists with over 50 years of combined experience in augmentative and alternative communication (AAC).
Logical Categorization: Words are organized by parts of speech to support literacy, build confidence, and encourage conversational skills.
Customization: Boards can be personalized by changing up to eight images and may include a city or sponsor logo.
Overall, these boards are intended to improve communication for all park visitors, including those with speech or language challenges, while also promoting literacy, social engagement, and inclusive community participation.
Staff is seeking direction from the City Council on whether to proceed with the installation of the Talk to Me Technologies Communication Boards and whether the proposed locations—Orchard Lane Park and Peverini Park—are acceptable.
Financial Considerations
The cost for the signs would be covered by Supervisor Lopez’s discretionary funding (approximately $8,000 for all eight boards across the four cities). The City would be responsible for installation costs, which would be minimal and can be performed by Public Works maintenance staff.
Alternatives
Provide direction to staff about pursuing this funding opportunity and the preferred location of the signs.
Planning/CEQA
This is just a presentation for direction and not considered an action under CEQA. Any subsequent action will be reviewed under CEQA.
Public Notice Requirements
Not required.
376
SUBJECT: Discussion on City Council Miramonte Advisory Committee TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: September 3, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, Ciiy Manager
AGENDA ITEM NO. 4.
Recommendation
It is recommended that the City Council discuss the potential establishment of a City Council Advisory Committee on Miramonte.
Executive Summary
For nearly two decades, City staff have worked with the Agha family on the annexation and development of approximately 654 acres north of the City, known as the Miramonte project. The development includes single- and multi-family housing, neighborhood retail, schools, and parks. The Local Agency Formation Commission (LAFCO) has conditionally approved the annexation, and staff are now working with the developer on a Development Agreement (DA), the final step in completing the entitlement process.
The City Council of Soledad is considering establishing an Advisory Committee for the Miramonte Specific Plan while the DA is being drafted. The project already has a certified Environmental Impact Report, an approved Specific Plan, and a Vesting Tentative Tract Map. Although the DA is pending, much of the development framework is established, and the DA will primarily address infrastructure phasing, a financing plan, and an affordable housing program. Given the Council and community’s focus on housing, it is recommended that the Advisory Committee focus on housing-related matters.
Staff will continue to present technical studies and refined plans for parks, landscaping, and other elements to the City Council for review before finalizing the DA.
Background
Over 15 years ago, the City of Soledad began processing what was then known as the Miravale III project. The project proposed a 920-acre annexation with capacity for approximately 4,200 residential units of varying densities, commercial zoning, an 18-hole golf course, and sites for churches, schools, and other community uses. A Specific Plan and an Environmental Impact Report (EIR) were prepared, and the City Council certified the EIR in September 2010. However, no action was taken at that time on the Specific Plan or other planning entitlements.
377
In 2018, the project was revived as the Miramonte Specific Plan, covering approximately 654 acres for single- and multi-family housing, affordable housing, and neighborhood retail. The City Council approved the plan with a 4-1 vote. In early 2020, an application was submitted to the Local Agency Formation Commission (LAFCO) to amend the Sphere of Influence and annex Miramonte to the City of Soledad. On December 19, 2022, LAFCO conditionally approved the annexation and Sphere of Influence amendment.
Since that time, City staff have been working with the developer to complete the technical studies required for a Development Agreement. Several of these studies, including the Sanitary Sewer, Water, and Storm Drain Master Plans, were reviewed and approved by the City Council in 2024.
Review & Analysis
The City Council of Soledad is considering the establishment of an Advisory Committee for the Miramonte Specific Plan while the Development Agreement (DA) is being drafted. It is important to note that the project already has a certified Environmental Impact Report, an approved Specific Plan, and a Vesting Tentative Tract Map. Although the DA is still pending, much of the development framework is already established; the DA will primarily outline infrastructure phasing, a financing plan, and an affordable housing program.
Given the Council and community’s focus on housing, it is recommended that the Advisory Committee concentrate on housing-related matters. City staff will continue to present technical studies and refined plans for elements such as parks and landscaping to the City Council for review and approval prior to the finalization of the Development Agreement.
It is also recommended that if the Advisory Committee is established with two members of the City Council, its meetings be open to the public to ensure transparency and allow for public comment, similar to regular Council meetings. Additionally, meetings should be noticed and conducted in accordance with the Brown Act, even if the Committee is not formally subject to its requirements.
Financial Considerations
There may be some minor costs affiliated with staff time and City Attorney fees to staff an advisory committee.
Alternatives
As opposed to setting up a separate advisory committee, Staff could provide additional study sessions on Miramonte to both educate all Councilmembers and community members and to receive input on the various technical studies underway that will inform the Development Agreement.
Planning/CEQA
The City of Soledad City Council certified an EIR for the Miravale III (now Miramonte) project in 2010, which was completed in compliance with CEQA requirements and guidelines.
Public Notice Requirements
Not required.
378