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2004/07/27 City Council Resolution (3)RESOLUTION NO. 2004. i89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit dated July27 2004 covering the period from July 1, 2004 through June 30, 2007 be and the same is hereby approved. DULY AND REGULARLY ADOPTED this27thday of July, 2004. ATTEST: ig Clt @1"I( Judy a ff CITY OF ROHNERT PARK . Nordin FLORES: AYE MACKENZIE: NO SPRADLIN: ABSENT VIDAK MARTINEZ: AYE NORDIN: AYE AYES: (3) NOES: (1) ABSENT: (1) ABSTAIN: (0) 22 OUTLINE - Management . July 1, 2004 through June 30, 2007 J OUTLINE, OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT TABLE OF CONTENTS 1. HOURS, DAYS AND PERIOD OF WORK ........................................ ..............................2 2. HOLIDAYS ............................................................................................ ..............................6 2.1 HOLIDAYS OBSERVED ..................................................................... ..............................6 2.2 PROCLAIMED HOLIDAYS ................................................................. ..............................6 2.3 DAY OF MOURNING ......................................................................... ..............................6 2.4 HOLIDAYS THAT FALL ON SUNDAY ................................................. ..............................6 2.5 HOLIDAYS THAT FALL ON SATURDAY ............................................ ..............................6 2.6 ALTERNATE DAY OFF ..................................................................... ..............................6 3. VACATION ............................................................................................ ..............................6 3.1 VACATION SCHEDULE ..................................................................... ..............................7 3.2 MAXIMUM ACCRUAL ....................................................................... ..............................7 3.3 ELIGIBILITY FOR NEW HIRES ........................................................ ............................... 7 3.4 VACATION BENEFIT ........................................................................ ..............................7 3.5 VACATION SCHEDULE BASED ON SENIORITY ................................. ..............................7 4. MILITARY TRAINING ....................................................................... ..............................7 5. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS .......................7 5.1 FRINGE BENEFIT ADMINISTRATION ............................................... ..............................7 5.2 ADMINISTRATIVE LEAVE ................................................................ ..............................8 5.3 SICK LEAVE .....................................:............................................... ..............................8 5.4 CATASTROPHIC LEAVE ................................................................... ..............................9 5.5 HEARING AID BENEFIT ................................................................... ..............................9 5.6 PATERNITY LEAVE .......................................................................... ..............................9 5.7 FAMILY AND MEDICAL LEAVE ....................................................... ..............................9 5.8 LIGHT OR LIMITED DUTY ............................................................... ..............................9 5.9 AMERICANS WITH DISABILITIES ACT ............................................. ..............................9 5.10 EMPLOYEE DEATH ...................................................................... ..............................9 5.11 MEDICAL AND HEALTH ............................................................... ..............................9 5.13 VISION COVERAGE ..................................................................... .............................10 5.14 ADOPTION BENEFIT .................................................................... .............................11 5.15 DEATH/BEREAVEMENT LEAVE .................................................. .............................11 5.16 FUNERAL BENEFIT ..................................................................... .............................11 5.17 LONG -TERM DISABILITY INSURANCE ....................................... .............................11 5.18 LIFE INSURANCE .......................................................................... ............................12, 5.19 DEFERRED INCOME .................................................................... .............................12 5.20 RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES................:............................................................... .............................12 5.21 EDUCATION AND TRAINING ....................................................... .............................14 5.22 LONGEVITY PAY ......................................................................... .............................14 2 OUTLINE - Management . July 9, 2004 through June 30, 2007 18. EMPLOYEE PERFORMANCE EVALUATIONS ........................... .............................20 OUTLINE- Management • July 9, 2004 through June 30, 2007 OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Management Unit. The Management Unit consists of employees occupying the classifications of: Assistant City Manager City Engineer Director of Public Safety Finance Director /City Treasurer Public Safety Commander Public Safety Lieutenant 1. Hours, Days and Period of Work Depending upon specific assignments, the primary workweek for management employees may be a 5/8 Schedule, a 4/10 Schedule or a 9/80 Schedule. The City Manager may also approve an alternative work schedule for a specific employee. The hours, days and period of work shall be as follows: (a) Regular Workday — The regular workday is eight (8), nine (9) or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his /her supervisor. (b) Regular Days of Work for the 5/8 Schedule — The regular workweek for employees assigned to the 5/8 schedule shall consist of five (5) days, Monday through Friday of eight (8) hours. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee assigned to the 5/8 Schedule may volunteer for a workweek other than defined in this section. (c) Regular Days of Work for the 4/10 Schedule — The regular workweek for employees assigned to the 4/10 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by three (3) consecutive days off. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 4/10 Schedule may volunteer for a workweek other than defined in this section. (d) Regular Days of Work for the 9/80 Schedule — The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a workweek other than defined in this section. (e) Regular Work Period — A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. OUTLINE - Management . July 9, 2004 through June 30, 2007 1 3.1 Vacation Schedule Vacation schedule shall be as follows: Years of Service Inclusive Monthly Vacation Rate Annual Vacation Hours 1 to 10 years 12.500 hours 150 11 to 15 years 15.333 hours 184 16+ years 18.667 hours 224 3.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four hundred (400) hours. (b) Employees shall have the option to sell back to the City up to forty (40) hours of vacation time. The rate of the sell back shall be the employee's current and regular salary as of November 1 of each given year. The sell back shall occur during the pay period that includes November 1. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of November 1 of each given year, and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to November 1 of each given year. 3.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 3.4 Vacation Benefit Vacation benefits shall be earned and accrued to employees who are actively working or are taking paid leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days whereas the employees become eligible for the City's long -term disability program for either industrial or non - industrial injury or sickness. 3.5 Vacation Schedule Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification. 4. Military Training The City grants military leave to all employees for service in a uniformed service in accord with Federal law, the Military and Veterans' Code of California and City Resolution No. 2003 -71. The employee must notify his /her supervisor of upcoming military duty as soon as he/she becomes aware of his /her obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered to active military duty or training shall receive compensation in accordance with Section 395.01 of the California Military and Veterans Code. In addition, the employee shall have continued benefits as provided by Federal and State law. In such cases, the employee shall submit his/her military earning statement to the Human Resources Department to assist in calculating the employee's salary. In no event, will the employee be compensated in excess of his/her normal City salary. Employees will receive any merit and/or general salary increases for which they become eligible during military leave. 5. Fringe Benefits, Other Than Vacation and Holidays 5.1 Fringe Benefit Administration Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided during the term of this outline. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable. 7 OUTLINE - Management • July 1, 2004 through June 30, 2007 (c) Any employee hired before July 1, 1993 may voluntarily elect to participate in the sick leave program as provided in Section 4.3 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan Sick Leave Program as provided in Section 4.3 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 5.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 5.5 Hearing Aid Benefit That the City shall reimburse employees up to eighty percent (80 %) with a lifetime maximum of nine hundred dollars ($900.00) for hearing aid devices. 5.6 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 5.7 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and /or the FMLA. 5.8 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off- the -job (non - industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may be assigned duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his/her normal work duties. By virtue of this paragraph, City does not intend to create any permanent light, limited or modified positions. 5.9 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 5.10 Employee Death Upon death of an employee, any unused vacation and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enroll ment/beneficiary card for City provided life insurance. 5.11 Medical and Health Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), or Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. (a) The City agrees to pay medical insurance premiums for and any deductible or co- payment required by Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), or Blue Cross Prudent Buyer Plan premium. 9 OUTLINE - Management • July 1, 2004 through June 30, 2007 T j (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) copay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty - dollar ($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five - dollar ($5) copay per office vision. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix/Custom Lasik). 5.14 Adoption Benefit That the City provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 5.15 Death /Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the supervisor, use two (2) additional days of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step - children), step - parents, aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco- parentis, and close personal relationships, with the approval of the City Manager or his /her designee. (d) It is understood that the City's most current "Disability Wage Plan," a copy of which is attached hereto, shall be amended to reflect the changes as outlined in this Outline. 5.16 Funeral Benefit City will provide fifty percent (50 %) co- payment; not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 5.17 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay with a maximum benefit of nine thousand dollars ($9,000). In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. 11 OUTLINE - Management. July 1, 2004 through June 30, 2007 i (e) All benefits provided under this section are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the provisions of the life insurance program as of the date of employee's retirement. (f) The benefits provided under this section will continue for such retired employees and their spouse, domestic partners, and legal dependents, if any, while said retired employee is alive. In the event of the retired employee's death, coverage will continue for the spouse or domestic partner until the spouse or domestic partner dies or marries. In addition, the benefits provided under this section will continue for said retired or deceased employee's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the age of twenty -three (23) or the spouse or domestic partner marries, whichever occurs earliest. (g) For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner and eligible dependents, as defined herein. (h) For regular City employees hired after July 1, 1993, City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner and eligible dependents, as defined herein, a percentage of the appropriate premium cost(s) as follows: 1. Fifty percent (50 %) of applicable premium cost(s), at the time or retirement or death as defined herein, for retirees having at least ten (10) years continuous City service. 2. Sixty -five percent (65 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least fifteen (15) years continuous City service. 3. Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty (20) years continuous City service. 4. One hundred percent (100 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty -five (25) years continuous City service. (i) Continuous City service is defined as being continuous regular full -time or regular part -time City employment only for calculating length of continuous service under this section. Part -time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section. (j) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, health, dental, vision care benefits or life insurance by his /her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his /her new employer's coverage shall be considered primary. (k) Any spouse or domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and 13 OUTLINE - Management . July 9, 2004 through June 30, 2007 5.23 Retirement Programs (a) The City will continue to provide the California Public Employees' Retirement System (CaIPERS) retirement program (2% at 55 Formula) to miscellaneous member employees. Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees (b) The City will continue to provide the CaIPERS retirement program (2% at 50 formula) to local safety member employees. Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3.0 %) at fifty (50) retirement program to local safety member employees (c) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (d) The City will absorb any employer contribution rate increases for miscellaneous and local safety members required by CaIPERS. (e) During the term of this outline, the City will continue to pay the seven percent (7 %) employee's contribution to CaIPERS for miscellaneous member employees. (f) During the term of this outline, the City will continue to pay the nine percent (9 %) employee's contribution for local safety member employees. (g) The City pays seven percent (7 %) of the employee's contribution into CaIPERS for all miscellaneous members of the management unit as indicated in Section 5.23 of this outline. The City pays nine percent (9 %) of the employee's contribution into CaIPERS for all local safety members of the management unit as indicated in Section 5.23 of this outline. The City shall report seven percent (7 %) of the Employer Paid Member Contributions (EPMC) to CaIPERS as additional compensation for all miscellaneous members of the management unit. The City shall report nine percent (9 %) of the EPMC to CaIPERS as additional compensation for all local safety members of the management unit. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 5.24 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.25 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 15 OUTLINE - Management • July 1, 2004 through June 30, 2007 21. TEMPORARY LAYOFFS If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working. Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut expectancy that the employee will be recalled to work within a short time. Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities. 22. LONGTERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability Plan contact the Personnel Office. 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the deceased employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 24. CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future conditions cannot be foreseen, the City reserves the right to change or discontinue this Plan at any time. Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan_ Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision- making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable laws and statutes for same. 25. NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office_ t their assignments. This extra time spent on City business is compensated by the administrative hours provided each year. 6.5 Public Safety Vehicle Use In 1981 the City initiated a "Personalized Vehicle Program" in the Department of Public Safety. The City can, at any time and at its sole discretion, determine the rules and regulations to be imposed as part of the program and /or terminate it at any time. The "Personalized Vehicle Program" shall not be considered or construed as a fringe benefit at the present time or at any time in the future. 6.6 Court Time Pay Department of Public Safety employees shall receive the equivalent of three (3) hours pay if required to testify in court on off -duty time. 6.7 Fire Services (a) Public Safety Lieutenants may volunteer to work fire service shifts to staff engines. The Director of Public Safety, in his /her sole discretion and only if he/she deems it necessary, may approve the use of Public Safety Lieutenants to work fire services shifts under the following terms and conditions: 1. Lieutenants are paid at the standard pay of a Lieutenant during the time they work shifts in the fire services. 2. All time worked, and payment for time worked, shall be pre- approved by the Director of Public Safety or his/her designee. 3. The work by Lieutenants in the fire services shall not interfere or conflict with the regular work of the Lieutenant as determined by the Director of Public Safety. 4. The Director of Public Safety may assign Lieutenants to work patrol, if necessary. 5. The Lieutenants receipt of pay for time so worked does not defeat or otherwise affect their exempt status under the Fair Labor Standards Act. (b) Public Safety Lieutenants who are qualified and assigned as Fire Captain and who are regularly assigned and employed in the performance of the duties of a Fire Captain shall receive a stipend of five percent (5 %) of base salary per month. The City at its sole discretion shall determine the number of Fire Captains to be assigned. Each qualified Fire Captain must continue to participate in ongoing and regular fire training courses and exercises. (c) The Director of Public Safety may from time -to -time designate one or more Chief Fire Officers. Prior to being designated a Chief Fire Officer, the employee shall have successfully completed upper level Fire Command Courses 2A and 2B or have at least five (5) years experience as a Fire Battalion Chief. The employee designated as a Chief Fire Officer will receive a stipend of seven percent (7 %) of base pay. (d) The Stipend payments described above in paragraphs (b) and (c) are not cumulative. Only one of the two Fire Stipends will be paid per employee. 6.8 Paychecks Paychecks shall be distributed by City to employees by noon on payday. 6.9 Fiscal /Budgetary Impacts If the State of California fiscal crisis continues and substantial funds are extracted from the City or sales tax revenues or other major revenue sources decline to a point where the City must consider a reduction in staffing, City may re -open this Outline to address salary issues. 17 OUTLINE - Management . July 9, 2004 through June 30, 2007 8. Residency All employees are encouraged to reside within the City. For the term of this Outline, all employees residing within Rohnert Park shall receive a sixty - dollar ($60) per month residency bonus. At the discretion of the City Manager, said residency bonus may increase to no more than sixty -five dollar ($65) per month at any time during the term of this outline. 9. Grievance Policy and Procedure City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 10. Use of City Facilities 10.1 Use of Sports Center and Lap Swimming Program Employees and their spouse, domestic partner, and eligible dependents (as defined both by City eligible dependent policy and Sports Center policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 10. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 12.2 Performing Arts Center City agrees to provide each employee with two tickets to a Performing Arts Center performance during each fiscal year (July to June) at no charge to the employee. The City will provide employees with a choice of at least four (4) dates. 11. Management Rights Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 12. Work Curtailment (No Strike Clause) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. 19 OUTLINE - Management * July 9, 2004 through June 30, 2007 � 7 CITY OF ROHNERT PARK Carl Eric Leivo, City Manager Date ATTEST: By: Mayor Greg A. N in City ler u y T111au f Resolution er: 2004 -189 adopted on July 27, 2004. Incorporated by Reference. The following are incorporated in this outline by reference: City Council Resolution No. 79 -22, adopted February 13, 1979 (Grievance Policy) City Council Resolution No. 96 -203, adopted November 26, 1996 (Alternate Benefit) City Council Resolution No. 2001 -270, adopted December 11, 2001 (Catastrophic Leave) City's most current "Disability Wage Plan" APPROVED AS TO FORM: P, Interlm City Attorney Gabrielle Wh6lan 21 OUTLINE - Management . July 1, 2004 through June 30, 2007 Paychecks....................... .............................15 PersonnelFiles ................. .............................17 Prescription Drugs .......... .............................15 Proclaimed Holidays ....... ............................... 4 Public Safety Vehicle Use ...........................14 Replacement.................. ............................... 17 Residency......................... .............................16 Retired, Deceased and /or Permanently and Totally Disabled Employees ................... 10 Retirement Programs ...... .............................13 S Salary Adjustments CourtTime Pay ............. .............................14 in Fiscal /Budgetary Impacts .......................... 14 Use of Public Safety Lieutenants for Shifts in Fire Services ............ .............................14 5 SickLeave ....................... ............................... 6 Smoking............................ .............................15 Condition of Employment ........................... 15 Employees Hired After July 1, 1993 .......... 15 Non- smoking Pay Premium .......................15 Non- smoking Status ... ............................... 15 Suspension of Agreement ........................... 17 OUTLINE - Management • July 1, 2004 through June 30, 2007 T Termof Outline .................. .............................17 Effective Date ................ .............................17 Termination Date ............ .............................17 Termination Date ............. .............................17 T Use of City Facilities .......... .............................16 Use of Public Safety Lieutenants for Shifts in Fire Services ................ .............................14 V Vacation............................. ............................... 5 Eligibility for New Hires ... ..............................5 Maximum Accrual ........... ..............................5 Vacation Benefit ............. ..............................5 Vacation Schedule ......... ..............................5 Vacation Schedule Based on Seniority ........5 Vacation Benefit ................ ..............................5 Vacation Schedule ............ ..............................5 Vacation Schedule Based on Seniority ........5 Vision Coverage ................ ..............................9 W Work Curtailment (No Strike Clause) ..............17 24 Cite of ROHNERT EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION NO. 79 -22 �a 5 TABLE OF CONTENTS ARTICLEI — GENERAL PROVISIONS ............................................................... ..............................3 SECTION I STATEMENT OF PURPOSE ................................................................ ............................... 3 SECTION2 DEFINITIONS ................................. ........................................... —.................................... 3 SECTION3 SCOPE .........• .................—............................................................... ............................... 3 ARTICLE II — INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4 SECTION4 GENERAL ...........•• ........................................................................... ............................... 4 SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR .............................................. ..............................4 ARTICLE III — FORMAL GRIEVANCE PROCEDURE .................................... ............................... 5 SECTION6 GENERAL ........................................................................................ ............................... 5 SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR ........................................ ............................... 5 SECTION 8 STEP THREE -- DEPARTMENT HEAD... ............................................ ............................... 5 SECTION 9 STEP FOUR — CITY MANAGER. ...... .............. -- .................. ........................................... 5 SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE ............... ...................... .. ................... — 5 ARTICLE IV — RULES OF PROCEDURE ........................................................... ....................::........6 SECTION 11 COMBINING GRIEVANCES ................................................................. ..............................6 SECTION 12 WAIVING LEVELS OF REVIEW ........................................................... ..............................6 SECTION13 TIME LIMITATIONS ........................................................................ ............................... 6 SECTION14 TIME OFF ... .... .............................................................. ................................... ................ 6 SECTION15 PRIVACY ............................ ............... — ....................... ................................................... 7 ARTICLE V — GRIEVANCE APPEALS COMMITTEE .................................... ..............................7 SECTION 16 COMPOSITION AND SELECTION ......................................................... ..............................7 SECTION17 ALTERNATE MEMBERS .................................................................... ...........................•... 7 SECTION 18 COMMITTEE PROCEDURE ................................................................. ............................... 7 ARTICLE VI — MISCELLANEOUS PROVISIONS ........................................... ............................... 7 SECTION 19 CONSTRUCTION ..-•--- ................................................................... ....................— ..._...... 7 SECTION20 SEVERABILITY ................................................. .... ................................ .................... ....... 8 Page 2 RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE 1 GENERAL PROVISIONS SECTION 1 STATEMENT OF PURPOSE It is the purpose of this Resolution-to insure: a_ Employee Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and that their rights are maintained. c. Grievances are resolved in an effective and orderly manner to insure uninterrupted city services to the public. SECTION 2 DEFINITIONS As used in this Resolution, the following terms shall have the meanings indicated: a_ Appropriate Unit means a unit of employee classes or positions, established for the purpose of collective representation. b. City means the City of Rohnert Park. c. Employee means any city employee, regardless of status. d_ Grievance means a complaint or dispute by an employee, group of employees, or a recognized employee organization concerning the interpretation or application of any matter falling within the scope of this grievance procedure. e_ Grievant means the party who has initiated a grievance procedure either informally or formally. f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. g_ Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by the department head. h. Recognized Employee Organization means an employee organization which has been formally acknowledged by the city as a recognized employee organization representing employees in an appropriate unit. i. Working Days means those days on which the city administrative offices are open for conduct of normal business. SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of agreement, council resolutions, city ordinances, and departmental and city rules, regulations, and practices governing wages, seniority, written reprimands, hours, safety, and other terms and conditions of employment which the city has authority to change and for which no other appeals procedure is provided. Issues excluded from the scope of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals procedures have Page 3 ARTICLE 111 — FORMAL GRIEVANCE PROCEDURE SECTION 6 GENERAL a. All the formal grievances shall be in writing. A supply of grievance forms shall be maintained in each department and shall be readily accessible to all employees and recognized employee organizations. b. Each level of management upon receipt of a formal grievance shall notify the recognized employee organization (if any) which represents the employees of the unit from which the grievance originates concerning the times and places of all grievance proceedings. The highest level of management involved shall notify the appropriate recognized employee organization(s) in writing prior to implementation of any grievance settlement which affects the rights or conditions of employees they represent. SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR a. The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with the appropriate intermediate supervisor within five (5) working days. b. The intermediate supervisor shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 8 STEP THREE — DEPARTMENT HEAD a. The grievant may appeal the intermediate supervisor's decision by completing Section 3 of the grievance form and filing it with the appropriate department head within five (5) working days. b. The department head shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant- SECTION 9 STEP FOUR — CITY (MANAGER a_ The grievant may appeal the department head's decision by completing Section 4 of the grievance form and filing it with the City Manager's office within five (5) working days. b. The City Manager or his /her representative shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or the grievant's representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 10 STEP FIVE— GRIEVANCE APPEALS COMMITTEE a. The grievant may appeal the City Manager's decision by completing Section 5 of the grievance form and filing it with the Personnel Office within ten (10) working days. b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the members of the Grievance Appeals Committee. The Grievance Appeals Committee shall then schedule the appeal for hearing not later than ten (10) working days from the receipt of the grievance and shall forthwith notify the Page 5 f2 b. Reasonable time off from usual duties shall be accorded to employees for the purposes of meeting with employee representatives, preparing and investigating grievances, presenting grievances, serving as a representative of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before leaving his /her usual duties the employee shall obtain permission from the _ immediate supervisor involved. Such permission shall not be unreasonably withheld. SECTION 15 PRIVACY All grievance procedures shall be conducted in closed sessions, except that specified observers may be admitted by mutual agreement. of the parties involved. ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION The Grievance Appeals Committee shall consist of three members. Each committee member shall serve for two (2) years and until selection of a successor_ Committee members shall be selected as follows: a. One city employee selected by recognized employee organizations acting jointly. b. One city management member selected by the City Manager. c. One lay chairperson selected by recognized employee organizations and the City Manager acting jointly. SECTION 17 ALTERNATE MEMBERS An alternate for each of the three (3) principal Grievance Appeals Committee members shall be selected to serve for the ,same - period as that of their respective principals. Alternate members shah be selected in the same manner as principals except that no alternate member shall be from the same city department or appropriate unit as his /her respective principal. Alternate members shall serve in the place of their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city department of appropriate unit in which the grievance originates. SECTION 18 COMMITTEE PROCEDURE The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations of the committee shall be informal and shall provide a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial support. Each party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE VI — MISCELLANEOUS PROVISIONS SECTION 19 CONSTRUCTION This resolution shall be administered and construed as follows: a_ Nothing in this resolution shall be construed to deny to any person, employee, organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by Federal or State law. Page 7 RESOLUTION NO. 96-203 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING AN ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City provides health insurance for eligible, active employees and contributes towards medical insurance premiums for health insurance; and WHEREAS, some eligible, active employees have health insurance coverage from a source other than the City resulting in dual coverage; and WHEREAS, the City agreed in the meet and confer process with employee groups to establish a dual health insurance premium reimbursement program policy for employees who have health insurance from a source other than the City; and WHEREAS, the City wishes to provide an alternate benefit program to eligible, active employees who have health insurance from a source other than the City to benefit both the employees and the City. NOW, THEREFORE, BE IT RESOLVED that 1) the alternate benefit amount shall be established to be the greater of either a flat $150.00 per month or 50 percent of the Employee Plus One premium rate of the lesser premium amount of Kaiser Foundation (S Coverage) Plan or Health Plan of the Redwoods (Empire Plan); 2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an employee's deferred compensation account, CalPERS service credit, or for the purchase of supplemental life insurance and /or any other eligible benefit program approved and authorized by the City. 3) the City and eligible, active employees are subject to all applicable laws, rules and contracts of third parties such as the IRS, Ca1PERS, and health insurance providers. Eligibility and continuation of the Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts. BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December 1, 1996 and the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 26th day of November, 1996. CITY OF ROHNERT PARK _ 4 Mayor AYES: (5) Councilmembers Eck, Gallagher, Reilly, Spiro, Flores NOES: (0) None ABSENT: None RESOLUTION NO. 2001 -1.70 - -- A RESOLUTION OF THE CITY COUNCIL EAVE PROGRAM FOR ELEGIBLE,R AMENDING THE CATASTR OPHIC • ACTIVE EMPLOYEES . WHEREAS, the City has established a system and pool whereby employees of the City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances, an d WHEREAS, the City wishes to expand the program to include the donation of compensatory hours; and WHEREAS, the City agreed in the meet and confer process with employee groups to establish a Catastrophic Leave Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as its Amended Catastrophic Leave Program for eligible active employees. BE IT FURTHER RESOLVED that the City hereby establishes this Amended Catastrophic Leave Program and that the City Manager is authorized to administer said program: -- DULY AND REGULARLY ADOPTED this 11th day of December, 2001. CITY CITY OF ROHNERT PARK Mayo FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose _- The. purpose of the Catastrophic Leave Program is to establish a system and pool whereby. employees of the City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool. The donating employee must have a vacation leave balance of at least forty (40) hours after the donation of vacation time. All regular, full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her compensatory time per calendar year into the Catastrophic Leave Pool. The donating employee is not required to have a compensatory time balance after the donation of the compensatory time. All time donated will be credited on an hour- for -hour basis regardless of hourly pay differential. The Personnel Office will account for the donation and disburse catastrophic leave hours. Catastrophic Leave - - - -- - Catastrophic Leave is hours of time which have been donated into a pool and may be used by an employee in need and who meets the criteria of this program. Catastrophic leave may be used for an absence due to a verifiable long -term illness or injury such as, but not limited to, cancer and heart conditions which clearly incapacitate the employee; for a serious illness or injury to a spouse, child, parent or other dependent who is in need of the employee's care. Eligibility To be eligible to apply for hours of catastrophic leave, an employee must be a regular, full -time or part-time employee who has completed 2080 hours or one -year of employment with the City, and has exhausted all other benefits available for which they are entitled. Catastrophic Leave shall not be used in conjunction with any other long -term or short- term disability programs, Social Security or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations, the City will comply with those provisions and not the Amended Catastrophic Leave Program. j f CATASTROPHIC LEAVE PROGRAM PAGE 2 OF 2 The City reserves -the right _to . require the employee Ao -.- provide—medical. or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his /her Department Head to the City Manager. The City Manager will determine eligibility and approve /deny leave requests as outlined in this policy. Determinations made by the City Manager may be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision. A majority decision of the Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and the Service Employees' International Union (SEIU). Leave requests may be approved for up to 480 hours per employee, per catastrophic need event. APPROVED BY RESOLUTION NO. 97 -165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 CITY OF ROHNERT PARK DISABILITY WAGE PLAN TABLE OF CONTENTS Section Title Page No. DISABILITY WAGE PLAN 1. Purpose 1 2. Eligibility 1 3. Length of Service Schedule 2 4. Periodic Increase in Benefits 3 5. Benefits Renewal — 26 Week Rule 3 6. How Benefits Are Calculated 3 7. Active Work / Authorized Leave Requirement 3 8. Proof of Claim 3 9. Notification Required 3 10. Absence Reporting 4 1 1. Conditions Covered 4 12. Conditions Not Covered 4 13. Pregnancy or Maternity Leave 5 14. Paternity Leave 5 15. Light or Limited Duty 6 16. Effect on Vacations 6 17. Sick Leave Without Pay 6 18. Holidays During Disability 6 19. Effect on Retirement 6 20. Sick Leave Benefits Misuse 6 21. Temporary Layoffs 7 22. Long Term Disability 7 23. Employee Death 7 24. Changes in Plan 7 25. Non - Discrimination 7 26. Additional Information 7 INDUSTRIAL DISABILITIES 1. Separate Schedules 8 2. Effect on Workers' Compensation 8 DISABILITY WAGE PLAN 1. PURPOSE j One of the greatest concerns of any of us who work at a regular job is the possibility of lost income during periods when we are prevented from working because of illness or injury_ Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods_ On August 1, 1972, the standard "sick leave" plan was replaced by a Disability Wage Plan_ Effective this Disability Wage plan was updated and is described in this pamphlet_ The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing. It is a benefit paid for entirely by the City. Your obligation is to notify your supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work. 2. ELIGIBILITY If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance with the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a separate disability wage plan, Regular part-time employees shall participate in sick leave benefits proportioned to their fixed work ratios. These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, except: 2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, commissions and committees; 23 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer; 2.5 City Attorney; 2.6 Limited Service Personnel 26.1 Temporary or seasonal employees employed by the City. 26.2 Part time employees paid by the hour or day. Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability_ No punitive actions shall be imposed on employees taking justifiable sick leave_ 4. PERIODIC INCREASE IN BENEFITS 4.1 At the completion of each employee's (except Public Safety Officers /Community Services Officers Hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in keeping with the appropriate length of service schedule. 42 For Public Safety Officer /Community Services Officers hired after August 1, 1989, at the completion of the employee's established monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule. S_ BENEFITS RENEWAL — 26 WEEK RULE Whenever a regular employee has worked twenty -six (26) weeks or more since their last reported injury/illness, the maximum amount of benefits is renewed automatically in accordance with length of service. An employee is always eligible for the maximum amount of scheduled benefits, less any amount of paid sick leave they have used. (The aforementioned benefits renewal/26 week rule does not apply to Public Safety Officer /Community Services Officers hired after August 1, 1989.) 6. HOW BENEFITS ARE CALCULATED An employee's disability pay will be calculated on the basis of the employee's nonnal earnings exclusive of overtime. 7. ACTIVE WORK/AUTHORIZED LEAVE REQUIREMENT Sick leave benefits shall be earned and accrued to regular employees who are actively working or are taking leave due to an approved City program or benefit. Sick leave benefits or accruals do not apply to employees on absences from work for over ninety (90) consecutive days. 8. PROOF OF CLAIM 8.1 Employees may be required to support their claim for disability by proper medical evidence. The City reserves the right to decide when an employee is disabled and when they are able to return to work on the basis of the advice of physicians employed by, or approved by, the City. 8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave. 9. NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's sick leave benefits will not start until the day such notice has been received by the City_ Employees are also asked to notify the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter or message delivered by a fellow_ employee. It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be bandied in an orderly manner. I3. PREGNANCY OR MATERNITY LEAVE 13.1 A regular employee shall be entitled to utilize full pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury. For those employees who have over one (1) year of continuous service, that employee shall be entitled to utilize either accrued full pay non - industrial sick leave or a minimum of three (3) weeks accrued half pay non - industrial sick leave, whichever is greater. Such disability leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury; 13.2 While the employee is on paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's paid leave exceed the total of the employee's accumulated but unused full pay non - industrial sick leave, or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may be absent from employment for a reasonable collective period of time not to exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post - pregnancy period_ During this period of time, the employee may utilize any accrued vacation time. Unpaid leave shall be granted only for disability due to the pregnancy, the subsequent childbirth, or other termination of the pregnancy. No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non - industrial sick leave; 13.5 Upon expiration of approved leave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement to the former or comparable position is not possible because of legitimate business reasons unrelated to the employee's pregnancy; 13.6 An employee may request an unpaid leave of absence (under Section 28.1, City Manager's Administrative Policy No. 1, Persomlel Rules & Regulations) at the conclusion of her disability /maternity leave. Such leave shall be granted or denied on the same basis as leaves for other employees_ 14. PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment.