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HomeMy WebLinkAboutReso - CC - 009-2024RESOLUTION NO. 009-2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE PART-TIME SALARY & BENEFIT PLAN WHEREAS, the Part-Time Salary and Benefit Plan was last amended on January 3, 2022, pursuant to Resolution No. 003-2022; and WHEREAS, periodically, the Plan is updated to incorporate language changes, legislative changes, and to include existing benefits; and WHEREAS, the Part-Time Salary and Benefit Plan is being amended in the areas of leaves; and WHEREAS, State-mandated sick leave benefits are expanded from 24 hours maximum to 40 hours maximum per year; and WHEREAS, bereavement leave is expanded from three days to five days. NOW, THEREFORE, BE IT RESOLVED, 1. The changes in the existing salary and benefits of the employees listed in the Part- Time Employee Salary and Benefit Plan, as attached, are approved. 2. The City Manager is authorized and directed to execute the Part-Time Employee Salary and Benefit Plan. ____________________________ Donna Colson, Mayor I, Meaghan Hassel Shearer City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of January 2024, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ____________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: 022A6316-B6B1-4ED6-86E2-E3E109A64BA5 1 City of Burlingame Part-Time Employee Salary & Benefit Plan Amended January 16, 2024 Purpose of Resolution This resolution clarifies definitions and categories of part -time employment, outlines compensation practices, and related applicable benefit structures. 1. Categories of Part-time Workers (page 1) 2. Salary and Classification (page 2) 3. Overtime Pay (page 3) 4. Designated City Holidays (page 3) 5. Medical and Retirement Eligibility (page 3) 6. Leaves (page 5) 7. Other Benefits (page 6) 8. Employment Records (page 6) 1. CATEGORIES OF PART-TIME WORKERS: The City has five categories of Part-time employees: Regular Part-Time, Casual Part-Time, Casual Part-Time CalPERS Membership Eligible, Casual Part-Time Medical Plan Eligible, and Retired Annuitants. A. Regular Part-Time Employees: are defined as those employees who are represented by a collective bargaining unit and are covered by the provisions/benefits of their respective Memoranda of Understanding. B. Casual Part-Time Employees: are defined as those employees who work on a per diem, seasonal, or temporary basis, and do not work sufficient hours to meet the mandated CalPERS benefits criteria. They are further defined as employees working “at will” and not part of a collective bargaining unit nor on a full-time basis. An “at will” employee is defined as an employee who is not in competitive service, works at the will of the City, and may be dismissed at any time with or without cause. Casual employees receive paid sick leave as described in Section 6(A) but are not eligible for benefits under any other portion of Section 6. C. Casual Part-Time CalPERS Membership Eligible Employees: are defined as employees who qualify for CalPERS membership defined by the Public Employees’ Retirement Law (PERL) and participate in the City’s CalPERS defined benefit retirement plan. These are employees who are enrolled in the CalPERS retirement system at the time of hire with the City of Burlingame, or who meet the criteria whilst employed by the City. Eligibility is defined in Section 5(B). They are further defined as employees working less than 30 hours a week, “at will” and not 2 part of a collective bargaining unit nor on a full-time basis. D. Casual Part-Time Medical Plan Eligible Employees: are defined as employees who qualify for medical plan enrollment as defined by the PERL or the Affordable Care Act (ACA). Eligibility is defined in Section 5(A). They are further defined as employees who are “at will” and not part of a collective bargaining unit. E. Retired Annuitants: are defined as a CalPERS retiree who, without applying for Reinstatement From Retirement, returns to work with a CalPERS employer in a designated retired annuitant position. They are further defined as employees who are “at will” and not part of a collective bargaining unit. Retired annuitants are not covered by Sections 5 or 6 or 7 of the Part-Time Employee Salary and Benefit Plan. 2. SALARY AND CLASSIFICATION A. Starting Salary: 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 at least a satisfactory rating 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. 3 Upon written justification, departmental and Human Resources Department approval, an individual may be given a merit raise before meeting time requirements, if they display 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. C. General Salary Increases: Periodically, casual classifications will receive general salary increases. General increases for casual classifications in the Recreation Department and Per Diem Communications Dispatchers will be set by the respective departments. General increases for all other classifications will be tied to the raises negotiated by collective bargaining units, unless the Burlingame Minimum Wage Ordinance requires a different increase. D. Bilingual Pay: Part-time employees having bilingual skills frequently needed by the City of Burlingame in the course and scope of their duties as employees may be eligible to receive bilingual pay in accordance with the City Bilingual Pay Policy. Employees must pass a fluency test before receiving the differential pay. 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 workweek shall begin at 12:01 am Sunday and end at 11:59 pm the following Saturday, unless otherwise designated by the Department Head. 4. DESIGNATED CITY HOLIDAYS Part-Time employees receive no holiday pay or leave, and work on a holiday is paid at regular straight time. 5. MEDICAL AND RETIREMENT ELIGIBILITY A. Medical Plan Eligibility and Benefits 1. CalPERS medical plan eligibility: on the tenure and time base of an employee’s qualifying appointment (single classification). 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. 4 The City will contribute an amount equal to the minimum contribution required under the Public Employees’ Medical and Hospital Care Act (PEMHCA). 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 offe r of medical insurance coverage. The City will contribute an amount equal to or more than the affordability calculation under ACA (calculated on an annual basis), but at no time shall this amount be less than the minimum contribution required under the Pu blic Employees’ Medical and Hospital Care Act (PEMHCA). B. CalPERS Retirement Eligibility and Benefits The benefits provided in this section 5C are available to those employees who qualify as Part- Time CalPERS Eligible Employees as Defined in Section 1 above. Part-Time CalPERS Eligible employees 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 service for at least an average of 20 hours per week for one year or longer or requires service that is equivalent to 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. Person works more than 125 days or more in a fiscal year if paid on a “per diem” basis, iii. Person 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. Leave hours are also counted as qualifying time. Employees hired on or before December 31, 2012, and who have not had a break in CalPERS service of six months or more are considered “classic” members, and therefore are eligible for the 2.5% @ 55 retirement benefit formula. Miscellaneous employees hired after January 1, 2013, fall under the 2013 Public Employees’ Pension Reform Act (PEPRA) guidelines. Therefore, they are eligible for the 2% @ 62 retirement benefit with final pension calculated on the average highest annual compensation over a consecutive 36-month period. 5 6. LEAVES A. California Paid Sick Leave (pursuant to SB 616) A. Accrual – Effective January 1, 2024, 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 80 hours. B. 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 40 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, their family member or designated person 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. C. No Cash Out – unused but accrued sick leave will not be cashed out at any time 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. B. Bereavement Leave In the event of a death in an employee's immediate family, part-time employees shall be entitled to use five (5) days of sick leave in lieu of bereavement/funeral leave. In the event of the death of a relative, not a member of the immediate family, absence from duty shall be allowed not to exceed one (1) day. Such absences will be charged to sick leave. For the purposes of this Section, "immediate family" means parent, stepparent, spouse, domestic partner, child, stepchild, sibling, grandparent, grandchild, or parent-in-law of the employee. In addition, upon approval of the Department Head, the City will allow the employee to use up to an additional two (2) days of sick leave or vacation leave for bereavement. C. Vacation Accrual Effective January 1, 2016, Unrepresented Part-time employees who work 30 or more days within a year from the beginning of employment with the City of Burlingame accrue vacation pay at the rate of one (1) hour for every 52 hours worked. The maximum annual vacation accrual is 16 hours per year. No employee shall be allowed to have an accumulation of more 6 than two (2) years’ worth of vacation accrual to their credit at any one time. Employees in the Recreation Leader classification series are excluded from vacation accrual benefits (Recreation Leader I/II, and Senior Recreation Leader). 7. OTHER BENEFITS A. Tuition Reimbursement Casual employees who have completed one year of service with the City are eligible to participate in the tuition reimbursement program on a pro -rata basis based on FTE hours worked, in accordance with the City Tuition Reimbursement Program policy. This is to support educational efforts that will broaden the knowledge of part-time employees in their fields and/or support professional growth toward a higher-level and/or regular full-time position within the City. 8. 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. Adopted June 15, 2015 Amended February 18, 2020 Amended January 3, 2022 Amended January 16, 2024