Resolution Number 95-12-5-4170
RESOLUTION NO. 95-12-5-4
AMENDING THE P:_ 1 ► : ► J REGULATIONS PE: _I► I 1
UdPLEMENTATION OF TERMS AND CONDITIONS OF EMPLOYMENT
FISCAL YEAR 1995-1996/MANAGEMENT EMPLOYEES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 92-3-17-2,
PROVIDING FOR REVISIONS TO THE PERSONNEL RULES AND
REGULATIONS PERTAINING TO IMPLEMENTATION OF TERMS AND
CONDITIONS OF EMPLOYMENT PER THE MEMORANDUM OF
UNDERSTANDING (FISCAL YEAR 1995-96/SAN JUAN CAPISTRANO
MANAGEMENT EMPLOYEES ASSOCIATION)
WHEREAS, the City Council of the City of San Juan Capistrano is authorized and
directed under Article 4, Chapter 5, Title 2 of the Municipal Code to adopt and amend Personnel
Rules and Regulations in order to administer the Personnel Management System established in said
Article; and,
WHEREAS, certain amendments are required to be made to the City's Personnel
Rules and Regulations in order to continue to provide for a Personnel Management System that is
fair and consistent with Federal and State Laws; and,
' WHEREAS, the city and the San Juan Capistrano Management Employees
Association have met and conferred in good faith and have reached agreement on salaries, and terms
and conditions of employment, as outlined in the Memorandum of Understanding; and,
WHEREAS, Article 4 provides that adoption or amendment of the City's Personnel
Rules and Regulations shall be made by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby amend Resolution No. 88-9-6-5, the Personnel Rules and Regulations
of the City of San Juan Capistrano, as follows:
U114F411 I Lexro1► ► \/
Section 7.80 of the San Juan Capistrano Personnel Rules and Regulations is
hereby revised to specify that eligibility for the Program shall be contingent upon a City-wide cap of
$3500.
' Section 7.23 of the San Juan Capistrano Personnel Rules and Regulations is
hereby revised to comply with the California Family Rights Act and the Federal Family and Medical
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Leave Act. The revised language is found in Exhibit A. The Personnel Rules will be amended to
include this revised language.
PASSED, APPROVED, AND ADOPTED this 5th day of
December 1995.
CAROLYN VASH, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
—95-12-S-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of December 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JWNWN, CITY CLERK
-2-
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EXHIBIT "A"
' FAMILY CARE LEAVE
A. General Provisions
1. Family Leave shall be granted to the extent required by law, including the
following situations:
a. An employee's serious health condition.
b. The birth of a child or placement of a child for adoption or foster
care.
C. An employee's presence is needed to attend to a serious health
condition of the employee's child, spouse, parent or child of an
employee standing in loco parentis (those with day-to-day
responsibilities to care for and financially support a child).
2. Employees must request and identify their need for Family Leave. The City
agrees that certain other types of leaves available to employees under this
Agreement may meet the requirements of Family Leave pursuant to
applicable law. The City may apply any time during which an employee
' is on such leave against the amount of Family Leave to which the
employee is entitled.
3. Eligibility for Family Leave will be determined according to the
requirements of applicable law.
4. When a request for Family Leave is approved, the department shall
determined whether sick leave, compensatory, and/or vacation time is to
be applied. Such determination shall be consistent with other leave
provisions of this Agreement and shall give consideration to the
circumstances and the wishes of the employee. The use of sick leave shall
be restricted to those circumstances which qualify under the provisions of
the Personnel Rules and Regulations.
B. Notification Reouirements
1. If the Family Leave is foreseeable, the employee must provide the
department with thirty (30) calendar days notice of his or her intent to take
Family Leave.
' 2. If the event necessitating the Family Leave becomes known to the
employee less than thirty (30) calendar days prior to the employee's need
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EXHIBIT "A"
Page 2
for Family Leave, the employee must provide as much notice as possible.
In no case shall the employee provide notice later than five (5) calendar
days after he or she learns of the need for Family Leave.
3. When the Family Leave is for the purpose of the scheduled medical
treatment or planned medical care of a child, parent or spouse, the
employee shall, to the extent practicable, schedule treatment and/or care
in a way that minimizes disruption to City operations.
C. Verification
As a condition to the approval of Family Leave, an employee may be required to
furnish certification from the health care provider which states: (1) the date on
which the condition commenced; (2) the probable duration of the condition; (3)
an estimate of time that the employee needs to be off; (4) that the employee
cannot perform his/her duties because of the employee's own serious health
condition or that care is needed when the leave is for an eligible family member
pursuant to applicable law.