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Home My WebLink AboutResolution No. 23-8205 - Approving Paid Sick Leave Policy Pursuant to AB 616 for Temp/Part-Time and Full-Time/Temp Employment Status EmployeeRESOLUTION NO.23-8205 A -RESOLUTION OF THE CITY COUNCIL OF THE CITY , OF DOWNEY i APPROVING A PAID SICK LEAVE -POLICY PURSUANT TO AB 616 FOR TEMPORARY/PART-TIME AND FULL-TIME/TEMPORARY EMPLOYMENT STATUS EMPLOYEES WHEREAS, on June 23, 2015, the City Council adopted a resolution establishing the City's Paid Sick Leave benefits for eligible employees in accordance with AB 1522, the Healthy Families Act of 2014; and WHEREAS, AB 616 signed into law on October 4, 2023, amended the requirements of the Healthy Families Act of 2014; and WHEREAS, for compliance with AB 616, the City of Downey revised the existing paid sick leave policy for temporary/part-time and full-time/temporary employment status employees who are not currently covered by an established collective bargaining agreement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. This resolution revises the existing Paid Sick Leave Policy for temporary/part-time and full-time/temporary employment status employees attached as Exhibit A, and by this reference, is hereby adopted. SECTION 2. This resolution shall become effective January 1, 2024, and any conflicting provisions previously adopted are hereby rescinded. SECTION 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 28th day of November, 2023 CL UDI M. FRdmtTA, Mayor ATTEST: A lA ALICIA DUARTE; MC City Clerk APPROVED AS TO FORM: - N. :F4.Ak_ 110,HN M. FUNK i City Attorney RESOLUTION NO. 23-8205 PAGE 2 1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 28th day of November 2023, by the following vote, to wit: AYES: Council Members: Horn, Sosa; Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: None. ABSTAIN: Council Members: None. AR �AL18`IADUiARTE�,MC�� City Clerk EXHIBIT CITY OF DOWNEY PAID SICK LEAVE POLICY EFFECTIVE JANUARY 1, 2024 (TEMPORARY/PART-TIME & FULL-TIME/ TEMPORARY EMPLOYMENT STATUS EMPLOYEES) This Policy applies only to temporary/part-time and full-time/temporary employment status employees of the City of Downey (hereafter referred to as "Employees"). Eligibilityfor Upfront Paid SickLeave All eligible temporary/part-time employees shall receive Paid Sick Leave in an amount of whichever of the following is greater: 1) Forty (40) hours, or 2) Five (5) times the number of hours in a single regularly scheduled shift of the Employee All full-time/temporary employment status Employees in the classification of Ambulance Operator shall receive Paid Sick Leave in the amount of whichever of the following is greater: 1) Forty (40) hours of paid sick leave, or 2) Five (5) times the number of hours in a single regularly scheduled shift. Usage of Paidi Leave Timing for'Usage Employees are eligible to request and use available Paid Sick Leave on the ninetieth (90tn) calendar day of employment following their Date of Hire. Subsequently, employees shall be provided annual upfront Paid Sick Leave on the first date of the pay period that includes July 1st in the amount established under this Policy, at which time any previous balance of Paid Sick Leave will be zeroed out. Eligible Use of Paid Sick Leave Upon written or oral request, Employees may use Paid Sick Leave for the following purposes: (1) Diagnosis, care, or treatment of an existing health condition, or preventive care for, an employee or an employee's family member; (2) For an employee who is a victim of domestic violence, sexual assault, or stalking, to obtain or attempt to obtain any relief, including, without limitation, a temporary restraining order, restraining order, or other injunctive relief, to 'help ensure the health, safety, or welfare of the victim or their child; 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; or (3) As otherwise permitted by applicable law. EXHIBIT A CITY OF DOWNEY PAID SICK LEAVE POLICY EFFECTIVE JANUARY 1, 2024 PAGE 2 F For purposes of this policy, "family member" means any of the ,following: (1) a child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status (2) a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's - spouse or registered domestic partner; or a person who stood in loco parentis when the employee was a minor child; (3) a spouse; (4) a registered domestic partner; (5) a grandparent; (6) a grandchild (7) a sibling; and (8) a designated person. For purposes of this policy, a "designated person" means a person identified by the employee at the time the employee requests Paid Sick Leave, however, an employee shall be limited to one designated person per 12-month period for Paid Sick Leave. Increments for Use of Paid Sick Leave Paid Sick Leave shall be used in increments of no less than one (1) hour. Notification of Use If the need for Paid Sick Leave is foreseeable, an Employee shall provide reasonable advance notice to a supervisor, in writing or orally, of the Employee's intent to use Paid Sick Leave. If the need for Paid Sick Leave is not foreseeable; an Employee shall provide notice for the need to use Paid Sick Leave as soon as practical. Payment for Paid SickLeave Calculation of Paid Sick Leave Paid Sick Leave shall be calculated at the Employee's regular rate of pay during the week in which the employee uses the Paid Sick Leave. Limitations on Use Separation of Employment: Any remaining balance of unused Paid Sick Leave shall not be paid out to an Employee upon termination; resignation, retirement or other separation of employment. If an Employee separates from City of Downey employment and is rehired within 365 days, the Employee is entitled to the reinstatement of any previously earned and unused Paid Sick Leave: Right to Modify The City expressly reserves the right to periodically review and unilaterally modify the terms of this Policy without prior advance notice to Employees: