Resolution No. 6518455
RESOLUTION NO. 6518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ADOPTING A
RESOLUTION ESTABLISHING A TEMPORARY PART -TIME AND
SEASONAL EMPLOYEES SICK LEAVE POLICY
IN ACCORDANCE WITH STATE LAW.
WHEREAS, on September 10, 2014, the Governor of California signed the
Healthy Workplace Healthy Family Act of 2014 (AB 1522); and
WHEREAS, AB 1522 became law on January 1, 2015, requiring temporary part -
time and seasonal employees to begin accruing paid sick leave on July 1, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Cypress, and acting as ex- officio Board of Directors of the Cypress Recreation and
Park District, that the City of Cypress hereby establishes the City of Cypress
Temporary Part -Time and Seasonal Employees Sick Leave Policy attached hereto,
in compliance with AB 1522.
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting
as ex- officio Board of Directors of the Cypress Recreation and Park District, at a regular
meeting held on the 22nd day of June, 2015.
ATTEST:
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CITY CLERK F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR ei HE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 22nd day of June, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK O'F THE CITY OF CYPRESS
456
CITY OF CYPRESS
TEMPORARY PART -TIME AND SEASONAL EMPLOYEES
SICK LEAVE POLICY
Effective July 1, 2015
Section 1.01 Statement of Policy
1. In accordance with California's Paid Sick Leave Law — AB 1522 "Healthy Workplace
Healthy Family Act of 2014" - the City of Cypress will provide paid sick leave to
temporary, part-time and seasonal employees.
2. This policy applies only to part-time, temporary and seasonal employees.
3. This policy is intended to satisfy the requirements set forth under Labor Code
Sections 245 -249.
Section 1.02 Eligibility
A temporary, part-time or seasonal employee who, after January 1, 2015, is employed for
thirty (30) or more calendar days within a year from the beginning of employment, is eligible
for paid sick leave as provided in this policy and in the Paid Sick Leave Law.
Section 1.03 Accrual
1. Sick leave for temporary, part -time or seasonal employees shall be accrued at the
rate of one (1) hour of paid leave for every thirty (30) hours worked. Accrual begins
on the first day of employment or July 1, 2015, whichever is later.
2. Sick leave banks will be updated at the conclusion of the pay period during which the
hours are worked. Accrued sick leave hours will be available for use at the
beginning of the subsequent pay period. Employees may not use sick leave hours
during the two -week pay period earned.
Section 1.04 Usage
1. An employee may use accrued paid sick leave beginning on the 90th day of
employment. Employees hired before April 1, 2015 have met the 90 day
employment requirement and may use accrued paid sick leave once hours
immediately after accrual.
2. An employee may not use paid sick leave hours before they are accrued, as
mentioned in Section 1.03.(2) above.
3. The minimum charge to accrued paid sick leave is one half (1/2) hour.
4. An employee may request to use accrued paid sick leave in writing or verbally.
5. If the need to use accrued paid sick leave is foreseeable (e.g., doctor's appointment
scheduled in advance), the employee must provide reasonable advance notice.
6. An employee may request to use accrued paid sick leave on an unscheduled basis
by calling his /her supervisor before the start of or within the first thirty (30) minutes of
his /her scheduled start time.
7. The employee shall not be required to search for or find a replacement worker to
cover the hours during which the employee uses accrued paid sick leave as a
condition of using accrued paid sick leave.
8. In accordance with California's Paid Sick Leave Law, an employee may use 24
hours of accrued paid sick leave in a 12 -month period for one of the following
reasons:
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a. For the employee's own diagnosis, care, or treatment of an existing
health condition or preventative care.
b. For the diagnosis, care, or treatment of an existing health condition or
preventative care for an employee's family member, including:
Child (including a biological, adopted or foster child, stepchild,
legal ward, or a child to whom the employee stands in loco
parentis).
ii. Spouse or Registered Domestic Partner.
Parent (including biological, adoptive, or foster parent,
stepparent, or legal guardian of an employee or the employee's
spouse or registered domestic partner, or a person who stood
in loco parentis when the employee was a minor child).
iv. Grandparent.
v. Grandchild.
vi. Sibling.
c. To obtain any relief of services related to being a victim of domestic
violence, sexual assault, or stalking including the following with
appropriate certification of the need for such services:
A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or
welfare of themselves or their children
To seek medical attention for injuries caused by domestic
violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence, sexual
assault, or stalking.
v. To obtain psychological counseling related to an experience of
domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to
increase safety from future domestic violence, sexual assault,
or stalking, including temporary or permanent relocation.
9. After meeting the 90 day qualifying requirement, an employee may use up to twenty -
four (24) hours of accrued paid sick leave in each 12 -month period of employment
beginning on the first day of employment or July 1, 2015, whichever is later.
10. Accrued paid sick leave will not be considered hours worked for purposes of
overtime calculation. An employee will not receive compensation for unused
accrued paid sick leave upon termination or resignation.
Section 1.05 Accumulation
1. An employee may accrue up to a cap of forty -eight (48) hours of paid sick leave.
Unused accrued paid sick leave shall carry over to the following year. If an
employee reaches this cap, no further paid sick leave hours will accrue until the
employee falls below the cap.
2. Employees will not be compensated for unused accrued sick leave hours upon
termination of employment; however, if rehired within one (1) year, the previously
unused balance of accrued paid sick leave hours will be reinstated. An employee
who is rehired and had not yet worked the requisite 90 days during their previous
employment must reach a collective 90 days of employment before being eligible to
use any reinstated accrued and unused paid sick leave.
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