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CITY COUNCIL AGENDA ITEM NO.  6

 Meeting Date:  August 22, 2000 

Subject/Title:    Catastrophic Leave Policy

 Submitted by:   Patti Standley, Human Resources Manager                                   

Approved by:    Jon Elam, City Manager

 RECOMMENDATION

Adopt a Resolution to approve Council/Administrative Policy No. 20-10, Catastrophic Leave Policy.

 PREVIOUS ACTION

The City Council approved salary and benefit adjustments at the June 27, 2000 City Council meeting.  The Catastrophic Leave Policy was not completed as of that date.

 BACKGROUND

The City, bargaining units and employee groups agreed to continue the meet and confer process to develop and establish “a Catastrophic Leave policy that would allow employees to donate accrued leave to fellow employees under certain circumstances.”

 The attached policy provides for the voluntary donation of leave hours due to catastrophic illness or injury for eligible employees.  The policy includes specific eligibility criteria that must be met.

RESOLUTION NO.

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING COUNCIL/ADMINISTRATIVE POLICY NO. 20-10, CATASTROPHIC LEAVE POLICY. 

WHEREAS, The Brentwood Miscellaneous Office Employees’ Association, Brentwood Police Officer’s Association, Public Works Employees’ Association, Department Heads and Mid-Management employees have met with the City Manager and staff and conferred in good faith to develop a Catastrophic Leave Policy, and 

WHEREAS, this policy has been jointly prepared by the aforementioned entities.   

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts a resolution and approves Council/Administrative Policy No. 20-10 to be implemented effective September 1, 2000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 22, 2000 by the following vote:

AYES:        

NOES:       

ABSENT:  

                                                                                                                                                             _____________________________

                                                                                                Quintin L. Kidd

                                                                                                Mayor

ATTEST:

 

__________________________________

Karen Diaz, CMC

City Clerk


Section 1:       PURPOSE

 

To establish the procedure for the voluntary donation of leave hours for catastrophic illness or injury to a fellow eligible employee. 

Section 2:       DEFINITIONS

2.1              Catastrophic illness or injury:  A medically certified illness, injury impairment, physical or mental condition that prevents an eligible employee from returning to work for a period of 30 or more calendar days.

2.2              Leave Balance:  Sick, Vacation, Compensatory time, or Administrative Leave.

2.3              Eligible Employee:  An employee that is eligible for Long Term Disability benefits under the City’s self-insured plan.  Currently, this means that a doctor must certify that the illness or injury will preclude the employee from returning to work for at least 30 calendar days.

2.4              Doctor:  A person, other than a close relative, licensed to practice medicine in the state in which treatment is received.  The term “doctor” also includes osteopaths, chiropractors, psychiatrists and chiropodists performing eligible services within the scope and limitations of their license.  This definition is taken from the list of definitions included in the Long Term Disability booklet.  

Section 3:        ELIGIBILITY

                         3.1      Donors:   Any employee with a leave balance may donate accrued leave to another eligible employee who is suffering from a catastrophic illness or injury.  Donors are encouraged to maintain sufficient leave balances for their personal use.

3.2     Recipients:

3.21          Any eligible employee suffering from a catastrophic illness or injury is eligible to request donations after all accrued leave (sick leave, vacation, administrative leave-if applicable, and compensatory time) have been (or are expected to be) exhausted.  Multiple requests for donations are permitted.

                                    3.22     Certification from a doctor that the illness/injury will preclude the eligible employee from returning to work for at least 30 calendar days must be submitted to the Human Resources Department with application to request donated leave.  The Recipient must also make application for and receive approval for Long Term Disability benefits prior to receipt of donated hours.

Section 4:        PROCEDURES

4.1            Hours shall be donated using the appropriate donation form.

4.2            Employees may donate up to 40 hours of accrued leave for each donation request.

4.3            Donated hours will be credited to the recipient on an as needed basis.  Hours will be subtracted proportionately from all donors and will be used consecutively to keep the recipient in a fully paid status, as long as donated hours allow, while on catastrophic leave.

4.4            Donated leave balance hours will be converted to sick leave hours for the recipient and entered into his/her sick leave accrual balance by Payroll at the end of each pay period.  Donors’ respective sick, vacation, administrative, or compensatory leave balances will be debited at the end of each pay period as needed.  This will continue until either the donations are exhausted or the employee returns to work.

4.5            Hours are to be donated, not wages.  There will be no tax liability to donors.

4.6            Donated leave shall be credited each pay period as time is taken and is subject to the recipient’s normal payroll deduction.

4.7            If the recipient returns to work before the leave is used all donors will receive a pro-rated credit posted back to their leave account in the order specified on the donation form.

4.8            Employees receiving donated leave shall not be eligible to received payment of Long Term Disability (LTD) benefits in accordance with LTD plan limitations while on catastrophic (sick) leave.  When catastrophic leave payments cease, applicable LTD benefits will be paid directly to the employee from the City’s LTD Administrator.

4.9            Any period of donated leave will be counted as Family and Medical Leave time in accordance with State and Federal law.  Family and Medical Leave provides up to twelve weeks of job-protected leave for time off work due to a serious illness of the employee, employee’s child, spouse, mother or father when the employee has worked for the City for at least 1,250 hours over the prior twelve month period. 

4.10        All benefits that accrue to an employee on sick leave will accrue to an employee absent on Catastrophic Leave.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov