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HomeMy WebLinkAboutReso - CC - 062-2015RESOLUTION NO. 62-2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING APPROVAL OF A PART-TIME SALARY AND BENEFIT PLAN EFFECTIVE JULY 1, 2015 WHEREAS, the City does not currently have a Salary and Benefit Plan for part-time employees; and WHEREAS, the Affordable Care Act and the Healthy Families Act of 2014 require employers to offer health insurance and sick leave, respectively, to part-time employees under specific conditions; and WHEREAS, the City needs to adopt a formal plan to establish the process for providing the required benefits; and WHEREAS, the Plan also defines the part-time classifications and salary and benefit programs and will be helpful as the City addresses future salary and benefit changes and policy issues. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby authorize the approval of the Part-time Salary and Benefit Plan in the form attached hereto, effective July 1, 2015. :� �/ L L�1� Terry Nagel, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 15`h day of June, 2015, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS:NONE jja-"l Mary Ellen Kearney, City Clerk City of Burlingame Part -Time Employee Salary & Benefit Plan Purpose of Part -Time Salary and Benefit Plan This Plan sets forth the procedures for conforming to the Healthy Workplaces/Healthy Families Act of 2014, which goes into effect July 1, 2015, and the provisions of the Affordable Care Act that apply to part-time employees. In addition, this Plan clarifies definitions and categories of part-time employment and related applicable benefit plans. 1. DEFINITION: A part-time employee is an employee working "at will" and not on a full-time basis. An "at will" employee is defined as an employee who is not in the competitive service, works at the will of the City, and may be dismissed at any time with or without cause. The City has four categories of part- time employees: casual employees, part-time CaIPERS membership eligible employees, part-time medical plan eligible employees (non -represented), and part-time employees represented by a collective bargaining unit. Casual Employees Casual employees are those employees who do not work sufficient hours to meet the mandated CalPERS benefits criteria as described in Section 4(A) and Section 4(C). Casual employees may receive paid sick leave as described in Section 4(B), but are not eligible for benefits under any other portion of Section 4. The following are categories of Casual employees: • Per diem • Seasonal • Temporary • Intern Part -Time CalPERS Membership Eligible Employees Part-time CalPERS membership eligible employees are those employees who qualify for CalPERS membership as defined by the Public Employees' Retirement Law and participate in the City's CalPERS defined benefit retirement plan. Eligibility is defined in Section 4C. Part -Time Medical Plan Eligible Employees Part-time medical plan eligible employees are those employees who qualify for medical plan enrollment as defined by the Affordable Care Act (ACA). Eligibility is defined in Section 4. Part -Time Employees Represented by a Collective Bargaining Unit Part-time employees who are represented by a collective bargaining unit are those employees represented by one of the City's collective bargaining units. Refer to the applicable Memorandum of Understanding (MOU) for details. These employees are not covered by this resolution. ��.ie1►137e1 � 1 rZ•1 I_F�Y l; l L•I�Y l L•1 i A. Starting Salary All new part-time employees are normally hired at Step A of the salary range unless they are exceptionally qualified, and a higher starting salary is recommended and approved by the Department Head. B. Salary Step and Merit Increases A step increase is based upon a review and evaluation of the employee's job performance after a specified period of time has elapsed. Employees must receive at least a satisfactory rating, as indicated on their most recent Performance Evaluation Form, in order to be considered for a step increase. Part-time employees who regularly work 25 hours or more per week are to be given a performance evaluation six months after the date of hire and annually thereafter. Seasonal part-time employees are evaluated at the end of each seasonal appointment prior to the last day of the assignment. Additional evaluations may be conducted at the supervisor's discretion. Supervisors who work with all other casual employees are encouraged to evaluate performance informally on an as -needed basis. Each Department is responsible for tracking part-time hours to meet the salary increase and evaluation timelines described above. Seasonal employees must receive an evaluation rating of "above average" or higher during the last seasonal appointment to receive a step increase upon re-employment to the same seasonal classification. When seasonal part-time employees are re -hired to fill a seasonal position in a classification previously held, step increases are not automatic. Upon written justification and departmental and Human Resources Department approval, an individual who demonstrates EXCEPTIONAL leadership ability and job performance may be given a merit raise before meeting time requirements, if he/she displays outstanding job performance. Merit increases are determined by the Supervisor based on the above criteria and are dependent upon continued improvement and efficient and effective service. All changes in compensation will become effective on the first payroll following the effective date of the compensation change. 3. OVERTIME PAY Part-time employees are eligible for overtime pay at time and one-half their regular rate of pay when required to work more than a standard 40 -hour week. All overtime work must be pre - approved by a supervisor or the Department Head. A part-time employee's work week shall begin at 12:01 am Sunday and end at 11:59 pm the following Saturday, unless otherwise designated by the Department Head. 4. MEDICAL. SICK LEAVE. AND RETIREMENT ELIGIBILITY A. Medical Plan Eligibility and Benefits 1. CalPERS medical plan eligibility: The employee's classification or title is not used to determine eligibility. Only employees with appointments that are more than six months (tenure) and half time or greater (time base) are eligible to enroll. 2. Affordable Care Act (ACA) eligibility: Employees who have worked an average of 130 hours per month during their measurement period are eligible for an offer of medical insurance coverage. 3. The City will contribute on behalf of part-time employees who participate in City - sponsored medical insurance an employer contribution towards that benefit in an amount equal to the minimum contribution required under the Public Employees' Medical and Hospital Care Act (PEMHCA). B. California Paid Sick Leave (pursuant to AB 1522) All part-time employees covered by this Policy are eligible to accrue and use paid sick leave as described below. 1. ACCRUAL — On or after July 1, 2015, an employee who works 30 or more days within a year from the beginning of employment may accrue paid sick leave at a rate of one (1) hour for every thirty (30) hours worked. The sick leave bank will roll over from year to year but cannot exceed the maximum accrual cap of 48 hours. 2. USE — On the 90th day of employment and after, an employee may begin using accrued sick leave. The maximum use of paid sick leave is 24 hours in a one-year period. The employee shall request the use of sick leave and provide reasonable advanced notice when the sick leave is foreseeable or as soon as practicable when the leave is unforeseeable. The sick leave may be used as follows: i. For the employee or family member for the diagnosis, care or treatment of an existing health condition or preventive care; ii. For an employee who is the victim of domestic violence, sexual assault or stalking. 3. NO CASH OUT— unused but accrued sick leave will not be cashed out at anytime, and has no cash out value upon the end of the employment relationship. However, former employees who are rehired within one year regain their previously accrued and unused sick leave bank. C. CalPERS Retirement Eligibility and Benefits The benefits provided in this section 4C are available to those employees who qualify as part-time CalPERS eligible employees as defined in Section 1 above. Part-time CalPERS eligible employees are as defined in Government Code § 20305, including: 1. Employees who are already members of CalPERS 2. Employees whose appointment fixes a term of full-time, continuous service in excess of six months or the position requires regular part-time service for at least an average of 20 hours per week for one year or longer. 3. An employee who meets one of the following conditions as monitored: i. No length of appointment is specified, but full-time employment continues longer than six months. ii. He or she works more than 125 days or more in a fiscal year if paid on a "per diem" basis, iii. He or she works 1,000 hours or more in a fiscal year if paid on other than a per diem basis. Any overtime hours worked are counted as qualifying time. Miscellaneous employees hired on or before December 31, 2012 are considered "classic" members and are eligible for the 2.5% @ 55 retirement benefit formula. Safety employees hired on or before December 31, 2012 are eligible for the 3% @ 50 formula. Miscellaneous employees hired after January 1, 2013, fall under the 2013 Public Employees Pension Reform Act (PEPRA) guidelines. These employees are eligible for the 2% @ 62 retirement benefit, with final pension calculated on the average highest annual compensation over a consecutive 36 -month period. Safety employees are eligible for the 2.7% @ 57 formula. 5. EMPLOYMENT RECORDS On or about January 1 of each year, employment records for part-time employees are audited. Part- time employees who have not worked during the preceding calendar year will be automatically separated from service unless a prior exception has been recommended by the Department.