CC Resolution No. 13-102 Amending the Administrative Rules and Regulations of the Personnel Code to Reflect Any Changes to the Memorandum of Understandings (MOU's) RESOLUTION NO. 13-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DIRECTING THE CITY MANAGER TO AMEND THE ADMINISTRATIVE RULES
AND REGULATIONS OF THE PERSONNEL CODE TO REFLECT ANY CHANGES
TO THE MEMORANDUM OF UNDERSTANDINGS (MOU'S)
WHEREAS the City Council desires that the Administrative Rules and
Regulations of the Personnel Code be changed to REFLECT ANY CURRENT
CHANGES TO THE Memorandum of Understanding (MOU's).
NOW, THEREFORE BE IT RESOLVED that the City Council hereby directs the
City Manager to amend the Administrative Rules and Regulations of the Personnel
Code to reflect any current changes to the Memorandum of Understanding (attached as
Exhibit F).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 191h day of November 2013 by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPR D:
Grace Schmidt, City Clerk Orrin Mahoney, Aayor, City of Cupertino
Exhibit F
benefits under State Disability Insurance. Additional information is available at
www.edd.ca.gov/Disabililty and from Human Resources.
12.12 Adoption Leave
Upon request, a leave of absence without pay for up to four (4) work weeks will be granted
to adoptive parents. Such leave must be used within one year of the adoption. The city
will pay health and welfare benefits for the duration of the leave as the same rate as prior to
the leave consistent with the contributions as provided for under the existing MOU.
If the employee is eligible for FMLA/CFRA (employed by the city for at least one year and
worked at least 1250 hours during the year preceding the leave), employee may be eligible
for up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8)
work weeks) for bonding with the adopted child during the first year after adoption. The
employee may be eligible for health benefits during the twelve (12) work week period at
the same rate as prior to the leave as provided for under the existing MOU.
During adoption leave, accrued vacation may be used by the employee at his or her option
in order to receive for the leave. Sick leave may only be used during the leave in the event
of illness or medical appointments of the adoptive child during the leave.
12.13 Catastrophic Leave
a. The city will form a committee to establish a definition of catastrophic or life-
threatening illness. This committee will evaluate each individual case when it is
submitted to qualify to receive financial assistance. The only limitation is that
the employee must be the one facing the illness. The committee has the right to
ask the applicant to submit further documentation from their treating physician
to determine the applicant's eligibility for catastrophic leave hours.
b. All benefited employees will be eligible to receive assistance. An employee does
not have to be a contributor to be eligible. An employee or their representative
must complete a prescribed application form together with supporting medical
documentation and submit it to the Human Resources Director when applying
for funds.
c. A recipient must have used all oF their available leave hours before he/she is
eligible.
d. The maximum amount is two months (LTD becomes available at this time).
e. Vacation leave and compensatory time off are the only leave of absence hours
that may be donated. An employee may not donate vacation leave hours which
would reduce his/her total accrued leave balances to less than 80 hours. Leave
credits may be donated in any pay period. All leave donations are irrevocable.
Upon retirement or resignation, an employee can contribute up to 10 hours of
sick leave provided that the employee has a minimum of 320 hours of sick leave,
which has previously become vested.
f. A leave of absence transfer drive will be held whenever necessary to provide for
a minimum catastrophic leave balance which is the equivalent of 40 hours of the
average hourly rate of full-time regular employment. Transfers may be in
increments of one hour or more. All donations will be confidential. There will
be no selling or coercion of employees to donate. If the bank is depleted, a
transfer drive may be held at the request of the committee.
g. Donated leave hours will be converted to cash and deposited in a time-bank
where it will be available for distri 3ution. Checks will be issued to the recipient
with the regular payroll which will keep the individual in an active employment
mode with the city. This procedure prevents overpayments or corrections since
it comes after the actual leave has been taken. No employee shall receive
payment for more than 100% of their regular pay.