CC Resolution No. 5047 ~ ~
RESOLUTION N0. 5047
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AME.'`1DLYG THE RULES ON CONDITIONS OF EMPLOYMENT
I WHEREAS, the Rules on Conditions of Employment contain provisions for
~ personal and military leave; and
WHEREAS, modifications in these provisions are necessary in order to
conform to Memoranda of Understanding signed by the City of Cupertino and the
; Miscellaneous Employees LTnit and the Public Works Unit;
4 NOW, THEREFORE, BE IT RESOLVED [hat Section 8.3 of the Rules on Conditions
of Employment is amended to read:
I Sectian 8.3 SICK LEAVE
All employees, other than those holding temporary sta[us, shall
~ earn eight (8) hours per month sick leave time withou[ limit on accinnulation.
Employees absent without pay for any reason for more than for[y (40) hours
during a calendar month shall not earn sick leave benefi[s for that month.
Sick leave may be utilized due to the employee's personal illness,
injury, materni[y, or sickness or injury in the immediate family. Immediate
family is defined as spouse and children. Employees shall, whenever possible,
make appoin[ments for medical, den[al, and similar purposes on non-work hours.
If this is not possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave
shall be taken in periods oi no less than one-half hour increments.
To discourage abusive absenteeism, an employee who accumulates siK
incidents resul[ing in sick leave usage for personal or fa~aily illness within
any twelve month period shall be placed on sick leave restriction. The de-
partment will formally notify the affected employee after the sixth incident,
but prior to any subsequent illness, that additional periods of absenteeism
must be substantiated in writing upon return to work. Unacceptable substanti-
ation of absenteeism will result in sick leave not being gzan[ed and posaible
disciplinary action being taken. In those cases where an employee has sub-
stantiated the absen[eeism, the City may require, at City expenae, a medical
examination to determine whe[her or not the employee is fit for duty. If
the examination finds the employee unable to function in the assigned classi-
fication, the City may take action to retire or terminate the employee. If
the employee is found fit for duty and abusing the use of sick Leave, appropriate
disciplinary ac[ion will be taken.
Section 8.31 PERSONAL LEAVE
The City shall allow sixteen (16) hours per year for members of the
Public Works Employees Unit and twenty-four (24) hours for all other employees
of accumulated sick leave to be used for conducting personal business which
cannot be conducted outside regular working hours.
s •
The employee must request leave, if non-emergency, at least forty-
eight (48) hours (two working days) prior to the time of uCilization on the
form presently provided. In cases of emergency, the forty-eight (48) hour
notif ication procedure may be waived by the i~tedia[e supervisor, provided
• the form is completed and the reason for the request is stated upon return.
Section 8.32 BEREAVEME.*IT LF.~.VE
~ Employees shall be gran[ed paid bereavement leave not to exceed
three (3) work days upon [he occasion of death of a close relative. Close
relatives are defined as mother, father, sister, brother, wife, husband,
child, grandparent, grandchildren, mother-in-law and father-in-law.
Section 8.33 ABSENCE NOTIFICATION
An employee is expec[ed not to absent himself from work for any
reason other than personal illness without making prior arrangements with
his supervisor. Unless prior arrangemen[s are made, an employee who, for any
reason, fails to report for work must make a sincere effort to immediately
notify his supervisor of his reason.for 6eing absent. If the absence,
whe[her for personal illness or otherwise, is to continue beyond the first
day, the employee must notify the supervisor on a daily basis unless otherwise
arranged with his supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed
to be an absence without pay and will be grounds for disciplinary action by
the depar[ment head. In the absence of such disciplinary action, any employee
who absents himself for thrae days or more without authorized leave shall be
deemed to have resigned. Such absence may be covered, however, by the depart-
ment head by a following grant of leave with or without pay when extenuating
circuastances are found to have existed.
FURTHERMORE, BE IT RESOLVED tha[ Section 8.5 and 8.6 of the City of Cuper-
tino Rules on Condi[ions of Employment shall be combined to read as follows:
Section 8.5 MILITARY LEAVE
Military leave shall be granted in accordance wi[h the provision of
State law.
All employees entitled to military leave shall give their supervisor
an opportunity, within the Limits of military requirement, to de[ermine
when such leave shall be tak~n.
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Resolution ~o. 5047
PASSED AND ADOPTED at a regular meeting of the Cicy Council of the City
of Cupertino this 2nd day of July , 1979, by the following vote:
Vote Me~bers of the City Council
AYES: Jackson, 0'Keefe, Rogers, Sparks, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
1~
~ c,i.~
Mayor, City of Cuperti
ATTEST :
~e~~~
Cicy Clerk
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