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    19.    
City Council Regular
Meeting Date: 12/11/2018  

SUBJECT:
ADMINISTRATIVE POLICY 7.9 - PAID SICK LEAVE FOR AT-WILL PART-TIME, TEMPORARY AND SEASONAL EMPLOYEES
 
RECOMMENDATION:
Approve the addition of Administrative Policy 7.9; Paid Sick Leave for At-Will, Part-time, Temporary, and Seasonal Employees.
BACKGROUND/ANALYSIS:
Effective July 1, 2015, California Assembly Bill 522, also known as the Healthy Workplaces/Healthy Families Act of 2014, required employers to provide paid sick leave for at-will, part-time, temporary, and seasonal employees.  Employees covered by this act are entitled to 24 hours of paid sick leave per year.  Employees may begin using accrued sick leave on the 90th day of employment and may use the leave for themselves or a family member.  An employee can accrue a maximum of 48 hours of accrued sick leave that may be carried over from year to year, thereby providing a cushion for those times when illness is a more frequent event.  Once an employee hits this accrual cap, they will not accrue any additional paid sick leave until they fall below the accrual cap.

The City is not required to pay out accrued, unused paid sick leave hours upon separation.  However, if an employee is rehired within one year, previously accrued and unused paid sick hours will be reinstated.

City Staff consulted with labor attorneys from Liebert Cassidy Whitmore to review the provisions of Assembly Bill 522 and developed a program that is in compliance with the law.  The City implemented this paid sick leave program for at-will part-time, temporary, and seasonal employees when the law was originally enacted.  Human Resources staff advises affected staff of this benefit when hired and works with Payroll staff to ensure the paid sick leave is implemented for eligible employees.  This Administrative Policy formally adopts this program and establishes staff's responsibility to abide by the policy's provisions.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.; "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.  Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
 
FISCAL IMPACT:
None.
Attachments
Administrative Policy

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