HomeMy WebLinkAbout09877ORDINANCE NO. 9877
AN ORDINANCE AMENDING SECTION 6-6-6 OF CHAPTER 6
OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING
TO SICK LEAVE BENEFITS FOR PART-TIME TEMPORARY
AND SEASONAL EMPLOYEES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 6-6-6 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 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. Such employee shall not be allowed to carry
forward more than forty-eight (48) hours of unused sick leave from one benefit year to
the next. 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 in an amount up to but not exceeding forty-eight (48) hours reinstated that
the employee accrued and did not use prior to separation.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on January 25, 2021 .
Final adoption of Ordinance by City Council on February 8, 2021.
President of City Council
Action by the Mayor:
☒ Approved on February 9, 2021 .
□ 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-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: January 25, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Marisa Pacheco – Human Resources Director
SUBJECT: AN ORDINANCE AMENDING SECTION 6-6-6 OF CHAPTER 6 OF TITLE VI OF
THE PUEBLO MUNICIPAL CODE RELATING TO SICK LEAVE BENEFITS FOR
PART-TIME TEMPORARY AND SEASONAL EMPLOYEES
SUMMARY:
This Ordinance amends Section 6-6-6 of Chapter 6 of Title VI of the Pueblo Municipal Code by
clarifying that, consistent with the Healthy Families and Workplaces Act (“HFWA”), part-time
temporary and seasonal employees do not carry forward more than forty-eight (48) hours of
unused sick leave from one year to the next.
PREVIOUS COUNCIL ACTION:
On December 28, 2020, Ordinance No. 9854 was approved by City Council. That Ordinance
authorized the City to provide paid sick leave benefits to part-time temporary and seasonal
employees of the City consistent with HFWA.
BACKGROUND:
The HFWA requires the City to provide sick leave benefits for its temporary/seasonal
employees. Such leave accrues at the rate of one hour of paid sick leave for every 30 hours
worked, up to a maximum of 48 hours each year.
HFWA further provides that forty-eight (48) hours paid sick leave that an employee accrues in a
year can be carried forward to subsequent years but did not specify whether such leave could
be limited.
Recent implementing regulations with respect to the HFWA have clarified this issue stating that
the City is not required to allow such employees to carry forward more than forty-eight (48)
hours of unused sick leave from one year to the next. Consistent with the Act and unchanged is
the fact that only forty-eight (48) hours per year can ever be used/taken in a calendar year.
FINANCIAL IMPLICATIONS:
Due to the fluctuation of temporary and seasonal staffing each year and unknown projected
usage, the exact cost of this benefit remains undetermined. However, by identifying a maximum
carry-over number of hours, this limits the amount of paid leave available for use by eligible
employees and thus lessens the City’s ultimate financial liability for the benefit.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.