Common use of Paid Sick Leave for Hourly Employees Clause in Contracts

Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period in which an Eligible Employee may accrue and use E. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child.

Appears in 1 contract

Samples: Memorandum of Understanding

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Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California California’s Assembly Xxxx 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Health Families Act of 2014, set forth at in California Labor Code Code, Division 2, Part 1, Chapter 1, Article 1.5, sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to a benefit, referred to as Hourly Sick Leave (A.B. 1522), under the conditions set forth in this Article. Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Effective July 1, 2015, Eligible Employees will accrue Paid Hourly Sick Leave (A.B. 1522) at a rate of one hour for every 30 hours worked, up to a maximum accrual of 48 80 hours. C. Eligible Employees begin accruing Paid Hourly Sick Leave (A.B. 1522) at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th day of employment calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period under in which an Eligible Employee may accrue and useuse Paid Hourly Sick Leave (A.B. 1522) is defined as the City’s fiscal year. E. Upon his or her the Eligible Employee’s oral verbal or written request, they may use up to 24 40 hours of Paid Hourly Sick Leave (A.B. 1522) in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family MemberFfamily Mmember.; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their his or her child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform their his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child.

Appears in 1 contract

Samples: Memorandum of Understanding

Paid Sick Leave for Hourly Employees. A. 1. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Health Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. 2. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. 3. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee Employee, may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. 4. Under this Article, the 12-month period in which an Eligible Employee may accrue and usemay E. 5. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or. 2. b. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. c. The Eligible Employee is physically or mentally unable to perform his or her their duties due to illness, injury, or a medical condition of the Eligible Employee. 4. d. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. e. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. f. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. g. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. i. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. ii. Services from a victim services organization; c. iii. Psychological or other counseling; d. iv. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. v. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. h. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. i. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. 6. Under this Article, Family Member means the Eligible Employee's child ’s Child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing standings in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's ’s spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child.

Appears in 1 contract

Samples: Memorandum of Understanding

Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx Bill 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Xxxxxx Xxxx Leave will not receive additional leave under AB 1522, provided the Earned Sick Xxxxxx Xxxx Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City's fiscal year. E. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis (i.e., in place of a parent) regardless of age or dependency status of the child), ; spouse, ; registered domestic partner, ; grandparent, ; grandchild, ; sibling, ; parent (biological, adoptive, or xxxxxx parentxxxxxx, stepparent, or parent of spouse or domestic partner), ; or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child; or “designated person” per 12-month period for paid sick days as defined under Labor Code section 245.5 G. The City may require Eligible Employees to provide documentation substantiating the facts justifying the use of Paid Sick Leave, to the extent permitted by California law. X. Xxxx Xxxx Leave will be paid at the Eligible Employee's current hourly pay rate for regular work hours at the time the leave is taken. If an Eligible Employee, in the 90 days of employment before using accrued Paid Sick Leave, had different hourly pay rates, then the Eligible Employee will be compensated at the highest hourly pay rate earned, notincluding overtime premium pay, during the prior 90 days of employment. The City will pay Eligible Employees for accrued, used Paid Sick Leave on the payday covering the payroll period when the leave was used. I. Eligible Employees must provide their supervisors with reasonable written or verbal advance notice of their request to use Paid Sick Leave when the need for the leave is foreseeable. If the need for the leave is unforeseeable, Eligible Employees must provide notice of the need as soon as practicable. J. Any unused, accrued Paid Sick Leave will carry over to the following fiscal year of employment, up to a maximum accrual of 80 hours. X. Xxxxxxxx Employees may not cash out Paid Sick Leave at any time. L. If an Eligible Employee separates from employment with the City and is rehired within one year from the date of separation, the City will reinstate previously accrued and unused Paid Sick Leave. Eligible Employees may use the previously accrued and unused Paid Sick Leave and accrue additional Paid Sick Leave immediately upon rehire, under the conditions set forth in this Article. If an Eligible Employee does not return to City service within one year from the date of separation, all accrued and unused Paid Sick Leave will be forfeited. M. If an Eligible Employee moves into a position or status, which entitles them to paid annual leave, then the employee will no longer be an Eligible Employee under this Article. However, once in this new position or status, the employee does not forfeit but is entitled to use any unused Paid Sick Leave they accrued under this Article. N. The Paid Sick Leave benefit under this Article accrues concurrently with any additional sick leave benefit authorized by the City or approved by voters in the future, meaning the accumulated leave amounts under this Article and any future ordinance will not be added together to create a more generous benefit, unless a future ordinance specifies otherwise. O. This Article is not intended to waive any lights of Eligible Employees under local, state, or federal law.

Appears in 1 contract

Samples: Memorandum of Understanding

Paid Sick Leave for Hourly Employees. A. 1. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx Bill 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Health Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112as amended by Senate Bill 616, effective January 1, 2024. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Xxxxxx Xxxx Leave will not receive additional leave under AB 1522, provided the Earned Sick Xxxxxx Xxxx Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. 2. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hourshours or 10 days, whichever is more. C. 3. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee Employee, may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E 5 below. D. 4. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City’s fiscal year. E. 5. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours or five days, whichever is more, of Paid Sick Leave in any fiscal year for any of the following reasons: 1. a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or. 2. b. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. c. The Eligible Employee is physically or mentally unable to perform his or her their duties due to illness, injury, or a medical condition of the Eligible Employee. 4. d. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. e. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. f. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. g. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. i. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. ii. Services from a victim services organization; c. iii. Psychological or other counseling; d. iv. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. v. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. h. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. i. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. 6. Under this Article, Family Member Member” means the Eligible Employee's ’s child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing standings in loco parentis (i.e., in place of a parent) regardless of age or dependency status of the child), ; spouse, ; registered domestic partner, ; grandparent, ; grandchild, ; sibling, ; parent (biological, adoptive, or xxxxxx parentxxxxxx, stepparent, or parent of spouse or domestic partner), or ; legal guardian of the Eligible Employee or the Eligible Employee's ’s spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child.; or “designated person” per

Appears in 1 contract

Samples: Memorandum of Understanding

Paid Sick Leave for Hourly Employees. A. 1. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Health Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. 2. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. 3. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee Employee, may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. 4. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City’s fiscal year. E. 5. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or. 2. b. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. c. The Eligible Employee is physically or mentally unable to perform his or her their duties due to illness, injury, or a medical condition of the Eligible Employee. 4. d. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. e. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination.Eligible 61. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 72. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. (a) Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. (b) Services from a victim services organization; c. (c) Psychological or other counseling; d. (d) Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. (e) Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 83. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 94. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. 6. Under this Article, Family Member means the Eligible Employee's child ’s Child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing standings in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's ’s spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child.in

Appears in 1 contract

Samples: Memorandum of Understanding

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Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City's fiscal year. E. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child. G. The City may require Eligible Employees to provide documentation substantiating the facts justifying the use of Paid Sick Leave, to the extent permitted by California law. H. Paid Sick Leave will be paid at the Eligible Employee's current hourly pay rate for regular work hours at the time the leave is taken. If an Eligible Employee, in the 90 days of employment before using accrued Paid Sick Leave, had different hourly pay rates, then the Eligible Employee will be compensated at the highest hourly pay rate earned, notincluding overtime premium pay, during the prior 90 days of employment. The City will pay Eligible Employees for accrued, used Paid Sick Leave on the payday covering the payroll period when the leave was used. I. Eligible Employees must provide their supervisors with reasonable written or verbal advance notice of their request to use Paid Sick Leave when the need for the leave is foreseeable. If the need for the leave is unforeseeable, Eligible Employees must provide notice of the need as soon as practicable. J. Any unused, accrued Paid Sick Leave will carry over to the following fiscal year of employment, up to a maximum accrual of 80 hours. K. Eligible Employees may not cash out Paid Sick Leave at any time. L. If an Eligible Employee separates from employment with the City and is rehired within one year from the date of separation, the City will reinstate previously accrued and unused Paid Sick Leave. Eligible Employees may use the previously accrued and unused Paid Sick Leave and accrue additional Paid Sick Leave immediately upon rehire, under the conditions set forth in this Article. If an Eligible Employee does not return to City service within one year from the date of separation, all accrued and unused Paid Sick Leave will be forfeited. M. If an Eligible Employee moves into a position or status, which entitles them to paid annual leave, then the employee will no longer be an Eligible Employee under this Article. However, once in this new position or status, the employee does not forfeit but is entitled to use any unused Paid Sick Leave they accrued under this Article. N. The Paid Sick Leave benefit under this Article accrues concurrently with any additional sick leave benefit authorized by the City or approved by voters in the future, meaning the accumulated leave amounts under this Article and any future ordinance will not be added together to create a more generous benefit, unless a future ordinance specifies otherwise. O. This Article is not intended to waive any lights of Eligible Employees under local, state, or federal law.

Appears in 1 contract

Samples: Memorandum of Understanding

Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx Bill 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Xxxxxx Xxxx Leave will not receive additional leave under AB 1522, provided the Earned Sick Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City's fiscal year. E. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis regardless of age or dependency status of the child), spouse, registered domestic partner, grandparent, grandchild, sibling, parent (biological, adoptive, or xxxxxx parent, stepparent, or parent of spouse or domestic partner), or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child. G. The City may require Eligible Employees to provide documentation substantiating the facts justifying the use of Paid Sick Leave, to the extent permitted by California law. X. Xxxx Xxxx Leave will be paid at the Eligible Employee's current hourly pay rate for regular work hours at the time the leave is taken. If an Eligible Employee, in the 90 days of employment before using accrued Paid Sick Leave, had different hourly pay rates, then the Eligible Employee will be compensated at the highest hourly pay rate earned, notincluding overtime premium pay, during the prior 90 days of employment. The City will pay Eligible Employees for accrued, used Paid Sick Leave on the payday covering the payroll period when the leave was used. I. Eligible Employees must provide their supervisors with reasonable written or verbal advance notice of their request to use Paid Sick Leave when the need for the leave is foreseeable. If the need for the leave is unforeseeable, Eligible Employees must provide notice of the need as soon as practicable. J. Any unused, accrued Paid Sick Leave will carry over to the following fiscal year of employment, up to a maximum accrual of 80 hours. X. Xxxxxxxx Employees may not cash out Paid Sick Leave at any time. L. If an Eligible Employee separates from employment with the City and is rehired within one year from the date of separation, the City will reinstate previously accrued and unused Paid Sick Leave. Eligible Employees may use the previously accrued and unused Paid Sick Leave and accrue additional Paid Sick Leave immediately upon rehire, under the conditions set forth in this Article. If an Eligible Employee does not return to City service within one year from the date of separation, all accrued and unused Paid Sick Leave will be forfeited. M. If an Eligible Employee moves into a position or status, which entitles them to paid annual leave, then the employee will no longer be an Eligible Employee under this Article. However, once in this new position or status, the employee does not forfeit but is entitled to use any unused Paid Sick Leave they accrued under this Article. N. The Paid Sick Leave benefit under this Article accrues concurrently with any additional sick leave benefit authorized by the City or approved by voters in the future, meaning the accumulated leave amounts under this Article and any future ordinance will not be added together to create a more generous benefit, unless a future ordinance specifies otherwise. O. This Article is not intended to waive any lights of Eligible Employees under local, state, or federal law.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

Paid Sick Leave for Hourly Employees. A. This Article applies to hourly employees, regardless of classification, who receive no paid annual leave or other paid leave. The City intends to provide these employees with a paid sick leave benefit, consistent with the paid sick leave benefit provided by the State of California Assembly Xxxx Bill 1522 (AB 1522), which enacted the Healthy Workplaces, Healthy Families Act of 2014, set forth in California Labor Code sections 245 through 249, and codified in SDMC section 23.1112. These employees, referred to as Eligible Employees in this Article, are entitled to Earned Sick Leave codified in SDMC sections 39.0101 through 39.0106. Eligible Employees who receive Earned Sick Xxxxxx Xxxx Leave will not receive additional leave under AB 1522, provided the Earned Sick Xxxxxx Xxxx Leave satisfies the requirements of AB 1522. This paid sick leave benefit for Eligible Employees will be referred to in this Article as “Paid Sick Leave for Hourly Employees” or “Paid Sick Leave.” B. Eligible Employees will accrue Paid Sick Leave at a rate of one hour for every 30 hours worked, up to a maximum accrual of 80 hours. C. Eligible Employees begin accruing Paid Sick Leave at the commencement of employment, or on July 11, 2016, whichever is later, but may not use the accrued leave until the 90th calendar day following commencement of employment. After the 90th calendar day of employment, an Eligible Employee may use Paid Sick Leave as it is accrued, up to the maximum number of hours set forth in paragraph E below. D. Under this Article, the 12-month period in which an Eligible Employee may accrue and useuse Paid Sick Leave is defined as the City's fiscal year. E. Upon the Eligible Employee’s verbal or written request, they may use up to 40 hours of Paid Sick Leave in any fiscal year for any of the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the Eligible Employee or Family Member; or 2. If the Eligible Employee is a victim of domestic violence, sexual assault, or stalking, taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; obtain psychological counseling services related to an experience of domestic violence, sexual assault, or stalking, or participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 3. The Eligible Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Eligible Employee. 4. The Eligible Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Eligible Employee. 5. The Eligible Employee’s absence is for other medical reasons of the Eligible Employee, such as pregnancy or obtaining a physical examination. 6. The Eligible Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. 7. The Eligible Employee’s absence is for the Eligible Employee’s use of Safe Time. (Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Eligible Employee to obtain for the Eligible Employee or the Eligible Employee’s Family Member one or more of the following: a. Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; b. Services from a victim services organization; c. Psychological or other counseling; d. Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or e. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.) 8. The Eligible Employee’s place of business is closed by order of a public official due to a Public Health Emergency. (Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.) 9. The Eligible Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. F. Under this Article, Family Member means the Eligible Employee's child (biological, adopted, or xxxxxx child, stepchild, legal xxxx, child of spouse, child of domestic partner, or child of Eligible Employee standing in loco parentis (i.e., in place of a parent) regardless of age or dependency status of the child), ; spouse, ; registered domestic partner, ; grandparent, ; grandchild, ; sibling, ; parent (biological, adoptive, or xxxxxx parentxxxxxx, stepparent, or parent of spouse or domestic partner), ; or legal guardian of the Eligible Employee or the Eligible Employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Eligible Employee was a minor child; or “designated person” per 12-month period for paid sick days as defined under Labor Code section 245.5 G. The City may require Eligible Employees to provide documentation substantiating the facts justifying the use of Paid Sick Leave, to the extent permitted by California law. H. Paid Sick Leave will be paid at the Eligible Employee's current hourly pay rate for regular work hours at the time the leave is taken. If an Eligible Employee, in the 90 days of employment before using accrued Paid Sick Leave, had different hourly pay rates, then the Eligible Employee will be compensated at the highest hourly pay rate earned, notincluding overtime premium pay, during the prior 90 days of employment. The City will pay Eligible Employees for accrued, used Paid Sick Leave on the payday covering the payroll period when the leave was used. I. Eligible Employees must provide their supervisors with reasonable written or verbal advance notice of their request to use Paid Sick Leave when the need for the leave is foreseeable. If the need for the leave is unforeseeable, Eligible Employees must provide notice of the need as soon as practicable. J. Any unused, accrued Paid Sick Leave will carry over to the following fiscal year of employment, up to a maximum accrual of 80 hours. K. Eligible Employees may not cash out Paid Sick Leave at any time. L. If an Eligible Employee separates from employment with the City and is rehired within one year from the date of separation, the City will reinstate previously accrued and unused Paid Sick Leave. Eligible Employees may use the previously accrued and unused Paid Sick Leave and accrue additional Paid Sick Leave immediately upon rehire, under the conditions set forth in this Article. If an Eligible Employee does not return to City service within one year from the date of separation, all accrued and unused Paid Sick Leave will be forfeited. M. If an Eligible Employee moves into a position or status, which entitles them to paid annual leave, then the employee will no longer be an Eligible Employee under this Article. However, once in this new position or status, the employee does not forfeit but is entitled to use any unused Paid Sick Leave they accrued under this Article. N. The Paid Sick Leave benefit under this Article accrues concurrently with any additional sick leave benefit authorized by the City or approved by voters in the future, meaning the accumulated leave amounts under this Article and any future ordinance will not be added together to create a more generous benefit, unless a future ordinance specifies otherwise. O. This Article is not intended to waive any lights of Eligible Employees under local, state, or federal law.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

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