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HomeMy WebLinkAbout03.d. Approve amendments to MOUs re authority to approve unpaid leaves of absenceCentral Contra Costa Sanitary District 3 d. ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 20, 2014 subject: AUTHORIZE AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING WITH TWO OF THE DISTRICT'S BARGAINING UNITS TO DELEGATE AUTHORITY TO THE GENERALVANAGER TO APPROVE ANY UNPAID LEAVE OF ABSENCE EXCEEDING 30 DAYS Submitted By: Initiating Dept./Div.: Roger S. Bailey, General Manager Administration /Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Heath — Director of Administration T. O'Malley— Human Resources Manager Roger S. Bail General Mana r ISSUE: The Memoranda of Understanding with the Dist is bargaining units currently require Board approval for any unpaid leave of absence exceeding 30 days. The Board has expressed a desire to delegate that authority to the General Manager. RECOMMENDATION: Delegate to the General Manager the authority to approve any unpaid leave of absence exceeding 30 days. FINANCIAL IMPACTS: This action will result in no financial impact. ALTERNATIVES /CONSIDERATIONS: Do not delegate the authority to approve unpaid leaves of absence exceeding 30 days to the General Manager, and leave such approval authority with the Board. BACKGROUND: Pursuant to the Memoranda of Understanding (MOUs) between the District and Local #1 and Management Support/Confidential Group (MS /CG), any unpaid leave of absence in excess of 30 days requires Board approval. Other than the provisions set forth in the MOUs, there is no legal regulation that requires a leave of absence be approved by the governing body of an employer. Staff is recommending that leave requests no longer require Board approval, only Department/General Manager approval, for several reasons. It is administratively expeditious, allows for greater privacy for all District employees by not listing such items on the public agenda for a Board meetings, and in many cases the Board truly does not have an alternative to denying a request as it may be unlawful. The District has met and conferred with the bargaining units and they have agreed upon this change to the respective provisions in the MOUs. The specific revisions to the Local #1 and MS /CG MOUs are shown below (the MOU with the Management Group POSITION PAPER Board Meeting Date: November 20, 2014 subject: AUTHORIZE AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING WITH TWO OF THE DISTRICT'S BARGAINING UNITS TO DELEGATE AUTHORITY TO THE GENERAL MANAGER TO APPROVE ANY UNPAID LEAVE OF ABSENCE EXCEEDING 30 DAYS tracks with those of the other two bargaining units so no modification to that MOU is needed): Local #1 ARTICLE IV — BENEFIT PROVISIONS; SECTION 4 — LEAVES 4.12 Leave of Absence Without Pay: Employees may request a leave of absence without pay through his /her supervisor. A leave of absence without pay fer up te thirty (30) werkiRg days may be approved by the Department Director and the General Manager. Leese; leave shall require the appre„al of the Reord of Do renters and Any request for a leave of absence without pay in excess of thirty (30) days may be made, if there is a compelling reason and the employee's work unit will not be unduly affected by the employee's absence. During an extended leave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically - related leaves. However, all other rights, privileges, and benefits of employment are suspended until the employee's return to active employment. No requests for a leave of absence without pay shall be unreasonably denied. MS /CG ARTICLE IV — LEAVES; LEAVE OF ABSENCE WITHOUT PAY: Employees may request a leave of absence without pay through his /her supervisor. A leave of absence without pay for up to thirty werking (30) days may be approved by the Department Director and the General Manager. LeRger leave hall require the appreval of the Beard of DirenteFS Any request for a leave of absence without pay in excess of thirty (30) days may be made, if there is a compelling reason and the employee's work unit will not be unduly affected by the employee's absence. During an extended leave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically- related leaves. However, all other rights, privileges, and benefits of employment are suspended until the employee's return to active employment. No requests for a leave of absence without pay shall be unreasonably denied. COMMITTEE RECOMMENDATION: On September 18, 2014, the Board requested that this matter be reviewed by the Administration Committee. The Committee discussed it on October 3, 2014, and recommended the Board delegate this authority to the General Manager. POSITION PAPER Board Meeting Date: November 20, 2014 subject: AUTHORIZE AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING WITH TWO OF THE DISTRICT'S BARGAINING UNITS TO DELEGATE AUTHORITY TO THE GENERAL MANAGER TO APPROVE ANY UNPAID LEAVE OF ABSENCE EXCEEDING 30 DAYS RECOMMENDED BOARD ACTION: Authorize amendments to the MOUs with Local #1 and MS /CG to delegate to the General Manager the authority to approve any unpaid leave of absence exceeding 30 days.