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HomeMy WebLinkAbout04.h. Adopt new Board Policy (BP018) - Sick Leave for Temporary EmployeesCentral Contra Costa Sanitary District y BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 4 2015 Subject. CONSIDER ADOPTING BOARD POLICY (BP) 018 REGARDING SICK LEAVE FOR TEMPORARY EMPLOYEES Submitted By. Initiating Dept /Div.: Ann Sasaki, Deputy General Manager Operations /Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. O'Malley — Human Resources Manager -1.0C _� %A- . Roger S. Bailey General Manager ISSUE: The Healthy Workplaces /Healthy Families Act of 2014, also known as Assembly Bill (AB) 1522, was signed into law in September 2014. On May 11, 2015, staff presented to the Administration Committee a proposed Board Policy (BP) 018 (ATTACHMENT 1) formalizing how the District will implement the bill. The Committee recommended Board approval of the proposed policy. RECOMMENDATION: Adopt BP 018. FINANCIAL IMPACTS: AB 1522 applies to all District temporary employees, including co -ops and summer /seasonal students. As the District is not required to pay out any unused accrual balances at time of separation, the financial impact as a result of implementing AB 1522 is difficult to define. Actual utilization of the accrued sick leave would have an impact on the work in which the temporary employees are engaged, but staff believes this would be considered negligible. ALTERNATIVES /CONSIDERATIONS: The Board may choose not to adopt the policy. This is not recommended, as the policy conforms the District to state law. BACKGROUND: The following is a summary of the paid sick leave provisions of the bill: • Employer must provide at least three paid sick days in a 12 -month period to all employees, including temporary employees, for the diagnosis, care, or treatment of an existing health condition or preventive care for an employee or an employee's family members. • The employee must work a minimum of 30 days within a 12 -month period. • Employer may require employees to wait until their 90th day of employment to utilize the accruals. • Employer must allow a carryover of any unused sick leave to the following year of employment, up to an accrual cap of six days. N: \GM \Christina \Teji \BP 018 Sick Leave for Temporary Employees \Position Paper - BP 018 Sick Leave for Temporary Employees.docx Page 1 of 2 POSITION PAPER Board Meeting Date: June 4, 2015 subject: CONSIDER ADOPTING BOARD POLICY (BP) 018 REGARDING SICK LEAVE FOR TEMPORARY EMPLOYEES • Employer can limit the number of sick days used to three days in any 12 -month period. • Employer may set a reasonable minimum increment of sick leave to be used; however, the increment cannot exceed two hours. • If an employee separates from employment and is rehired within 12 months from original date of hire, employer must restore accruals to the level at the time of separation. • Employer is not required to pay out any remaining balances of sick leave to an employee who separates from employment. The District currently provides all permanent employees with 12 days (96 hours) of paid sick leave, which exceeds the minimum set forth in the legislation. However, the District does not provide any sick leave to temporary employees and will need to do so when the paid sick leave provisions of the bill come into effect on July 1, 2015. Staff presented an overview of the bill to the Administration Committee meeting on February 9, 2015. After discussion with the Committee and an evaluation of how both public and private agencies are implementing the bill, staff presented a proposed BP and revised staff procedure to the Committee on May 11, 2015. The recommendations set forth in the policy are the minimums required by the provisions of the law. COMMITTEE RECOMMENDATION: At its May 11, 2015 meeting, the Administration Committee recommended approval of the proposed policy to the Board. RECOMMENDED BOARD ACTION: Adopt Board Policy (BP) 018 regarding Sick Leave for Temporary Employees, effective July 1, 2015. Attached Supporting Documents: 1. Proposed Board Sick Leave for Temporary Employees Policy, BP No. 018 N: \GM \Christina \Teji \BP 018 Sick Leave for Temporary Employees \Position Paper - BP 018 Sick Leave for Temporary Employees.docx Number: BP 018 Related Procedure: HR Procedure -Sick Leave Authority: Board of Directors Effective: July 1, 2015 Revised: Reviewed: Initiating Dept. /Div.: Administration /Human Resources BOARD POLICY ATTACHMENT 1 Central Contra Costa Sanitary District SICK LEAVE FOR TEMPORARY EMPLOYEES PURPOSE: To establish a policy for implementing Assembly Bill 1522 codified as Labor Code Sections 245 through 249 (also known as the Healthy Workplaces /Healthy Families Act of 2014), which provides District temporary employees with sick leave. POLICY: It is District policy to comply with the provisions set forth in the Healthy Workplace /Healthy Families Act of 2014. For those items that allow the District discretion when implementing the act, the District will provide for the following: o Annual Grant: At the beginning of employment and every year thereafter, the District will grant three (3) days of paid sick leave within a twelve -month period o Sick Leave Use: Employees may use their paid sick leave beginning on their 90th day of employment. Employees may determine how much sick leave he or she needs to use with a minimum usage of two (2) hours per incident. o Terminal Sick Leave: Employees are not paid for unused paid sick leave upon termination of employment. [Original Retained by the Secretary of the District]