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CC Resolution No. 13-100 Amending a Memorandum of Understanding Between the City of Cupertino and the Cupertino City Employees' Association RESOLUTION NO. 13-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO CITY EMPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning other terms and conditions of employment between representatives of the City and of the Cupertino City Employees' Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in an amendment to the Memorandum of Understanding, Section 18: Catastrophic Leave, to be signed by both parties, which section of the memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the amended section 18 to the Memorandum of Understanding for the period of July 1, 2013 to June 30, 2016, between the City of Cupertino and the Cupertino City Employees' Association and attached as Exhibit B. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1911, 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: A.PPR Grace Schmidt, City Clerk Câ–ºrrin Mahoney, Mayor, City of Cupertino Exhibit 3 SECTION 17: 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. SECTION 18: CATASTROPHIC LEAVE a. The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave hours, and ask the applicant to submit further documentation from the treating physician, and 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. 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 hours and compensating time off(CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits 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. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank will need to convert sick leave hours (maintaining a minimum of 320 hours after donation) to vacation leave hours. h. 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. Transfers may be in increments of one hour or snore. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated leave hours will be converted to crash and deposited in a time-bank where it will be available for distribution. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds. SECTION 19: ABSENCE NOTIFICATION An employee is expected not to be absE-nt from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether 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/her 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 up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 20: FAMILY MEDICAL LEAVE/CALIFORNIA FAMILY RIGHTS ACTS The City of Cupertino shall comply with the leavE' provisions of the Family Medical Leave Act and the California Family Rights Act for employees who qualify for leave under these laws. SECTION 21: EDUCATION REIMBURSEMENT PROGRAM It is the intent of the City to recognize the value of continuing education and professional development of its employees; and to adopt a Tuition Reimbursement Program which will encourage employees to avail themselves of City job related educational opportunities that will advance their knowledge and interests in the direction of their career path. Courses may be specific to their current job specifications, requirements for degree completion or taken to advance knowledge and skills for a position within the City the employee wishes to obtain. The Education Reimbursement Program is a benefit to all full time benefited employees who have completed the required probationary period and provides tuition reimbursement of up to one thousand, two hundred ($1,200) per fiscal year for the cost of