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HomeMy WebLinkAbout09854ORDINANCE NO. 9854 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 6-6-5.5 AND AMENDMENT OF SECTIONS OF 6-6-5 AND 6-6-6 RELATING TO SICK LEAVE AND EMERGENCY LEAVE AND MAKING SAID CHAPTER CONSISTENT WITH THE LAWS OF THE STATE OF COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 6-6-5 of Chapter 6 of Title VI of the Pueblo Municipal Code is amended to read as follows: Sec. 6-6-5. - Paid sick leave benefits. \[(a) Paid sick leave to the extent the same is accrued and unused shall be granted to permanent, full-time employees and probationary employees in case of actual illness or disability occurring without negligence of the employee, or for a maximum of three (3) work days in each consecutive twelve (12) months for an illness of the employee's spouse, spousal equivalent or child subject to verification thereof. A medical certificate subscribed by the employee's physician on forms supplied by the City shall be required for any absence for which paid sick leave is claimed by the employee exceeding three (3) consecutive work days for Group A employees or exceeding two (2) consecutive working shifts for Group B employees; further, the Mayor, in any case of suspected abuse of sick leave privileges, may require such medical certificate for any absence for which paid sick leave is claimed by the employee. Use or attempted use of paid sick leave benefits for any reason other than actual illness or disability shall be deemed an activity unbecoming an employee of the City. Disability caused by injury while on duty and maternity and paternity leave shall be compensated as hereinafter set forth. (b) Paid sick leave to the extent the same is accrued and unused shall be granted to police officers in the case of actual illness, injury or disability of the police officer, occurring without negligence of the police officer; or for a maximum of three (3) work days in each consecutive twelve (12) months for a life-threatening illness or illness requiring hospitalization of the employee's spouse, spousal equivalent or child, subject to verification thereof. A medical certificate subscribed by the treating physician on forms supplied by the City shall be required for any absence for which paid sick leave is claimed by the employee for his or her own illness, injury or disability exceeding three (3) consecutive working days; further, the Mayor, or the Chief in any case of suspected abuse of sick leave privileges, may require such medical certificate for any absence for which paid sick leave is claimed by the employee. Requests for sick leave for an officer's last scheduled work shift before a vacation or scheduled time off, or for this first regularly scheduled work shift after a vacation or scheduled time off, may be indicative of such abuse. Use or attempted use of paid sick leave benefits for any reason other than actual illness or disability shall be deemed an activity unbecoming an employee of the City. Disability caused by injury while on duty shall be compensated as otherwise provided.\] Paid sick leave to the extent the same is accrued and unused shall be granted to an employee in case of actual illness or disability occurring without negligence of the employee. Paid sick leave up to a maximum of forty-eight (48) hours in each consecutive twelve (12) month period to the extent the same is accrued and unused shall be granted to an employee for any of the qualifying circumstances identified in Section 8-13.3-404, C.R.S. as amended. A medical certificate issued and signed by the employee’s physician which provides adequate verification that a legitimate medical reason for the absence existed and which provides enough detail so the City will understand what, if any, restrictions exist upon the employee’s return to work shall be required for any absence for which paid sick leave is claimed by the employee exceeding four (4) consecutive working days. SECTION 2. Chapter 6 of Title VI of the Pueblo Municipal Code is amended by the addition of a new Section 6-6-5.5 to read as follows: Sec. 6-6-5.5. – Emergency Sick Leave (a) In addition to paid sick leave accrued under this Chapter, each employee’s accrued paid sick leave shall be supplemented to ensure that the employee may take paid sick leave as required by and subject to the limitations and qualifications set forth in Section 8-13.3-405, C.R.S. (b) An employee’s paid sick leave accrued under this Chapter shall be counted toward the supplemental sick leave required under Subsection (a) of this Section. SECTION 3. Section 6-6-6 of Chapter 6 of Title VI of the Pueblo Municipal Code is amended to read as follows: Sec. 6-6-6. - Sick leave; funeral leave; accrual. (a) Combined paid sick and funeral leave shall be accrued by each permanent full-time Group A employee at the rate of one and one-half (1½) days for each month of completed full-time duty to a maximum accrual of two hundred (200) days. Group A employees hired on or after January 1, 1996, shall accrue sick leave at the rate of one (1) day for each month of completed full-time duty to a maximum accrual of two hundred (200) days. (b) Combined paid sick and funeral leave shall be accrued by each permanent full-time Group B employee at the rate of 17/24th of one (1) working shift for each month of completed full-time duty to a maximum accrual of eighty-four (84) working shifts. Group B employees hired on or after January 1, 1996, shall accrue sick leave at the rate of 12/24th of one (1) working shift for each month of completed full- time duty to a maximum accrual of eighty-four (84) working shifts. (c) Probationary employees shall accrue paid sick and funeral leave benefits during their probationary period. (d) Temporary and temporary part-time employees shall not accrue \[paid sick and\] funeral leave benefits. Temporary and temporary part-time employees shall accrue sick leave at the rate set forth pursuant to Section 8-13.3-403, C.R.S. as amended. Such employee, however, is not entitled under this Subsection (d) to earn or use more than forty-eight (48) hours of sick leave in each consecutive twelve (12) month period. No such employee shall be reimbursed for unused sick leave upon separation; provided, however, any such employee rehired within six months after separation shall have any paid sick leave reinstated that the employee accrued and did not use prior to separation. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective January 1, 2021. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 14, 2020. Final adoption of Ordinance by City Council on December 28, 2020 . President of City Council Action by the Mayor: ☒ Approved on December 30, 2020 . □ Disapproved on _______________ based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-15 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Marisa Pacheco, Director of Human Resources SUBJECT: AN ORDINANCE AMENDING CHAPTER 6 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 6-6-5.5 AND AMENDMENT OF SECTIONS OF 6-6-5 AND 6-6-6 RELATING TO SICK LEAVE AND EMERGENCY LEAVE AND MAKING SAID CHAPTER CONSISTENT WITH THE LAWS OF THE STATE OF COLORADO SUMMARY: The proposed Ordinance will amend Title VI, Chapter 6 - Leaves, of the Pueblo Municipal Code to align with the recently approved SB20-205 - Health Families Workplace Act which requires employers to provide paid sick leave to all employees under various circumstances. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Beginning January 1, 2021, all employers in Colorado are required to provide paid sick leave to employees. Said leave is accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours. Full-time employee accruals already exceed this requirement, so this amendment will only affect temporary/seasonal employees. Per the Act, leave may be used for any of the following reasons:  The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;  The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;  The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or  A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. FINANCIAL IMPLICATIONS: Because of the fluxuation of temporary and seasonal staffing each year and projected usage, the exact cost is unknown at this time. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: None. RECOMMENDATION: Pass and approve the proposed Ordinance.