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Home My WebLink AboutR-1392 - Amending the personnel rules of the City of Marysville by adding a new sections relating to family leave and child care leaveCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.13q;;l, A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING THE PERSONNEL RULES OF THE CITY OF MARYSVILLE BY ADDING NEW SECTIONS RELATING TO FAMILY LEAVE AND CHILD CARE LEAVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.Chapter VII,Section 11 of the Personnel Rules of the City of Marysville are hereby amended to read as follows: SECTION 11.LEAVES: The following types of leaves are officially established and shall be in effect unless otherwise provided:Vacation,sick Leave,Disability Leave,Jury Service,Leave with Pay,Leave without Pay,Military Leave,Maternity Leave,Bereavement Leave,Family Leave,Child Care Leave. 2.A new section is hereby added to the Personnel Rules of the city of Marysville as follows: Section 32.FAMILY LEAVE: a.Eligibility.Any permanent full-time employee who has averaged at least 35 hours of employ- ment per week on a continuous basis for the past year is eligible for family leave as set forth in this policy. b.Applicability.This policy allows an employee to take family leave for the following two, purposes: (1)To care for the employee's newborn child or adopted child under the age of 6;or (2)To care for a child under 18 years of age who is SUffering from a terminal health condition.Only biological or adoptive children or stepchildren who are living with the employee are included. Resolution - 1 r c.Maximum Leave Allowed.The maximum family leave allowed shall be 12 work weeks during any 24 month period.The maximum 12 week family leave period shall be in addition to any leave allowed pursuant to section 22 of the City policy entitled "Maternity Leave." d.Conditions for Taking Family Leave. (1)The family leave provided for in this policy shall be unpaid.Provided, however,an employee may request and the city Administrator may allow the use of accrued vacation or accrued compensatory time during part or all of the leave. (2)Leave taken for the care of a newborn or newly-adopted child must be completed within 12 months of the child's birth or placement for adoption.Family leave for care of a terminally-ill child is restricted to one leave per child during any 24 month period. (3)In any dispute regarding premature birth,maternal disability,incapacitation of the mother,or terminal condition of a child, the city may require confirmation by the employee's doctor of:(1)the date of the birth;(2)the date on which incapacity or disability because of pregnancy or childbirth commenced,or will probably commence,and its probable duration;or (3)the fact that the child has a terminal health condition.The city may,at the city's expense,obtain an opinion from a second doctor of the employer's choosing regarding this same information.If the two doctors disagree on any factor that is determinative of the employee's leave eligibility,they shall select a third doctor whose opinion,obtained at the City's expense,shall be conclusive. (4)In a case where both parents are employed by the city,they are entitled to an aggregate of 12 work weeks of leave in a 24 month period.Such leave shall be granted to only one parent at a time. e.Notice.An employee must give at least 30 days'written notice in advance of the anticipated date of birth or adoption of a child,stating the dates Resolution - 2 during which the employee intends to take family leave. An employee must give at least 14 days'advance written notice for a leave due to a child's terminal illness if the need for this leave is foreseeable.The City Administrator may,under special circumstances, authorize family leave upon shorter notice as provided by RCW 49.12. f.Return From Leave.Upon returning from family leave,the employee is entitled to the same position held when the leave commenced,or a position with equivalent benefits and pay.This entitlement does not apply in certain situations,such as: (1)When the employee's position is eliminated in a reorganization or reduction in force; (2)The employee takes another job while on family leave;or (3)The employee fails to provide timely notice of family leave or fails to return on the established date. g.Benefits.An employee on family leave shall not lose any benefits including,but not limited to, seniority or pension benefits accrued before the start of leave.The city will continue payment of medical insurance benefits during the first 30 days of family leave.Thereafter,the employee may continue medical insurance coverage at his/her own expense. h.Family Leave Distinguished From Child Care Leave.This policy is intended to apply solely to a situation where a parent must take leave to care for his/her newborn child or adopted child under the age of 6 or to care for a child under 18 years of age who is sUffering from a terminal health condition.As such, this policy is adopted pursuant to SHB #1581,effective September 1,1989,and shall be construed consistent therewith. 3.A new section is hereby added to the Personnel Rules of the city of Marysville as follows: section 33.CHILD CARE LEAVE: a.Any permanent full-time or permanent part-time employee who has a child under the age of 18 with a health condition that requires treatment or supervision as defined in section b herein,may use the employee's accrued sick Resolution - 3 ,.'•Ii' leave to care for the child,provided that: (1)New employees are not entitled to use sick leave until successful completion of the applicable probationary period unless otherwise provided for by the appropriate bargaining agreement. (2)Other members of the household must be unavailable to provide the care as needed. It shall be the responsibility of the employee to provide the necessary verification. (3)For absences over three days,an employee shall submit a signed medical statement from a physician certifying that the child's health condition warrants parental supervision or treatment. b."Health condition that requires treatment or supervision"is defined as: (1) Any medical condition requlrlng medication that the child cannot self- medicate; (2) condition safety or parent or Any medical or mental health which would endanger the child's recovery without the presence of a guardian;or (3)Any condition warranting preventa- tive health care such as physical,dental, optical or immunization services,which a parent must be present to authorize. c."Child of the employee"is defined as any child under the age of 18 who is: (1)The natural offspring of the employee; (2) The adopted child of the employee; (3)The natural or adopted child of the employee's spouse;or (4)Is under the employee's legal guardianship,legal custody,or foster care. d.Nothing in this policy shall be construed to Resolution - 4 ·'..... limit the ability of the City to take corrective action or appropriate disciplinary action to address sick leave abuse or excessive sick leave usage. 4.Effective date.Sections 1 and 3 of this Resolution (Leaves and Child Care Leave)shall be effective immediately upon passage and approval by the city Council and Mayor.Section 2 (Family Leave)shall apply upon expiration of the applicable collective bargaining agreements presently in effect,or in the case of non-union employees,at the end of the present benefit year,which for purposes of the Resolution shall be December 31, 1989. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS If<#-..DAY OF "k€c ....~,1989. CITY OF MARYSVILLE By Attest: Approved as to form: Resolution - 5