CC – 2024-21 - Amending Sick Leave Benefits for Part-time Employees Effective January 1, 2024 per CA Law SB 616RESOLUTION NO. 2024-21
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING SICK
LEAVE BENEFITS FOR PART-TEVIE EMPLOYEES
EFFECTIVE JANUARY 1, 2024 PER CALIFORNIA
LAW SB 616
WHEREAS, THE FOLLOWING classifications in the Part -Time Service of the
City of Rosemead ("City") are critical to the efficient and effective operations of the City;
WHEREAS, employees in these classifications are non-exempt under the
provisions of the Federal Fair Labor Standards Act and serve in an "at -will" capacity; and
WHEREAS, from time to time benefits must be adjusted in order to comply with
changes in California law; and
WHEREAS, new California law, SB 616, increases the annual paid sick leave
usage limit from 24 hours (3 days) to 40 hours (5 days) in a 12 -month period.
WHEREAS, new California law, SB 616, increases the limit on the accrual and
carryover of paid sick leave from 48 hours (5 days) to 80 hours (10 days) between
consecutive calendar years of employment.
NOW THEREFORE, BE IT RESOLVED that effective beginning January 1, 2024,
the benefits for the classifications covered by this Resolution are as follows:
SECTION 1: APPLICABILITY
Part -Time employees in the following classifications are covered by this Resolution:
3/4 Part -Time Classifications
Playschool Teacher I Senior Recreation Leader
Standard, Seasonal, Other Part -Time Classifications
Administrative Intern
Office Specialist
Aquatic Attendant
Park Ranger
Assistant Pool Manager
Parking Control Officer
Community Services Officer
Recreation Leader
Lifeguard
Senior Recreation Leader
Lifeguard/Swim Instructor
Youth Worker
SECTION 2: PART-TIME CLASSIFICATIONS
All part-time employees serve in an "at -will" employment capacity, do not serve a
probationary period, and are exempt from the City's classified service. "At -will"
employment is defined as an employment relationship in which an employee does not hold
regular status, serves at the pleasure of the City Manager or appointing authority, and can
be dismissed at any time without cause and without right of appeal. The part-time
classifications in the City's system are included in this Part -Time Resolution.
In addition, employees may be employed on a part-time basis in full-time job classifications
at the corresponding hourly wage rate of the full-time classification. Such employees who
are employed on a part-time basis in a fixll-time classification are also part of the "exempt
service" and serve in an "at -will" capacity.
SECTION 3: DESIGNATION OF PART-TIME EMPLOYEES
All employees in the Part -Time Service of the City in the categories listed below, are
employed in a temporary "at -will" capacity and serve at the pleasure of their respective
Department Director.
a. 3/4 -Time Emnlovees:
Upon approval of the City Manager, 3/4 Time employees, compensated at an hourly
rate, may work up to thirty-two (32) hours per week and are scheduled to work up to
1,664 hours or more per fiscal year. These employees may receive limited benefits,
and the City will pay benefits in accordance with the public employees' retirement
laws and California Public Employees' Retirement System (CalPERS).
b. Standard Part -Time employees:
A budgeted position, compensated at an hourly rate, of less than 28 hours per week.
Hours are not to exceed one thousand (1,000) hours per fiscal year.
c. Seasonal employees:
A budgeted position, compensated at an hourly rate and are employed only for a
specified period of time throughout various seasons. A budgeted position,
compensated at an hourly rate, and are employed to perform duties for a period of
time not to exceed 6 months. Hours are not to exceed one thousand (1,000) hours per
fiscal year.
d. Administrative Intern, Recreation Leader, Lifeguard -Swim Instructor, and Lifeguard:
A budgeted position, compensated at an hourly rate or unpaid, and may work up to
twenty-eight (28) hours per week. Hours are not to exceed 1,456 hours per fiscal
year. (Under the City's agreement with CalPERS, Administrative Interns are exempt
from the 1,000 -hour limitation for mandatory enrollment.) This position is not
eligible for any benefits or CalPERS retirement.
SECTION 4: WAGE RATE
A. Schedule for Part -Time Employees
In order to ensure the City's ability to recruit and retain qualified employees, the City
will conduct periodic reviews of the hourly wage rates, which shall be subject to City
Council approval via Resolution. The Part -Time wage rate schedule is attached as
an addendum to this Resolution.
B. Wage Rate Adiustments Based on Performance
Based on the availability of funding established in the City's budget, part-time
employees may be eligible to receive a wage rate increase within the established wage
ranges based on a performance evaluation conducted at the time of the employee's
wage anniversary date. An employee's wage rate may not exceed the maximum wage
range that has been established for the respective job classification. An employee
whose wage rate exceeds the maximum of the wage rate range for the job
classification may be Y -rated (frozen) and will not receive any merit increases until
the wage range is adjusted based on the labor market survey comparisons. Wage rate
adjustments are contingent upon the availability of funding within the City's budget.
The allocation for the cost of the merit wage rate adjustments must be approved by
the City Manager and incorporated into the budgetary process prior to the beginning
of the fiscal year.
C. Performance Review System for Part -Time Employees
Part-time employees shall receive performance reviews and merit adjustments on an
annual basis. Recommended merit adjustments must be based upon written
performance evaluations. Employees who meet or exceed expectations shall be
eligible to be considered for a merit increase to the next step in the salary schedule
for the classification to which assigned.
D. Salary Increase during FY 2023-24
Effective July 1, 2023, all part-time employees will receive a 4% across-the-board
pay increase.
E. Salary Increase during FY 2024-25
Effective July 1, 2024, all part-time employees with receive a 3% across the board
pay increase.
SECTION 5: BENEFITS
C. ALL PART TIME POSITIONS
Sick Leave
The Governor signed Senate Bill 616 on October 4, 2023, changing the Healthy
Workplaces, Healthy Families Act of 2014. This change increases the maximum days
that workers may carry over from one year to the next and increases the number of paid
sick days to which they are entitled.
An employee becomes eligible for paid sick leave after the 30' day of employment. An
employee will begin to accrue paid sick leave at the rate of one (1) hour of paid sick leave
for every thirty (30) hours worked beginning July 1, 2015, or on the first day of
employment whichever is later.
An employee is not eligible to begin using any accrued paid sick leave until after ninety
(90) days of employment with the City. An employee is only allowed to use up to a
maximum of 5 days or 40 hours of paid sick leave in a 12 -month period. An employee
can only accrue paid sick leave up to a cap of 10 days or 80 hours ongoing. Any unused
accrued paid sick leave will carryover year to year while continuously employed.
In accordance with California's Paid Sick Leave law, an employee may use accrued paid
sick leave for one of the following reasons: For the employee's own diagnosis, care, or
treatment of an existing health condition or preventative care.
• For the diagnosis, care, or treatment of an existing health condition or preventative care
for an employee's family member, including:
• Child (including a biological, adopted, or foster child, stepchild, legal ward, or a
child to whom the employee stands in loco parentis).
• Spouse or Registered Domestic Partner.
• Parent (including biological, adoptive, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse or registered domestic partner,
or a person who stood in loco parentis when the employee was a minor child).
• Grandparent.
• Grandchild.
• Sibling.
• Designated Person — a person identified by the employee at the time the employee
requested paid sick leave. ("AB 1041 "). A designated person is an individual
identified by the employee and is "related by blood or whose association with the
employee is the equivalent of a family relationship." Authorization may be
limited to one "designated person" per 12 -month period.
To obtain any relief or services related to being a victim of domestic violence, sexual
assault, or stalking, including the following with appropriate certification of the need for
such services are:
• A temporary restraining order or restraining order.
• Other injunctive relief to help ensure the health, safety, or welfare of themselves
or their children.
• To seek medical attention for injuries caused by domestic violence, sexual
assault, or stalking.
• To obtain services from a domestic violence shelter, program, or rape crisis center
as a result of domestic violence, sexual assault, or stalking.
• To obtain psychological counseling related to an experience of domestic violence,
sexual assault, or stalking.
• To participate in safety planning and take other actions to increase safety from
future domestic violence, sexual assault, or stalking, including temporary or
permanent relocation.
Sick leave is not a leave which an employee may use at his/her discretion and shall be
allowed only for the above -identified purposes. Specifically, sick leave may not be
utilized for the purposes of trading shifts or rescheduling shifts.
An employee shall provide reasonable advance notification (oral or written) of their need
to use accrued paid sick leave to their direct supervisor if the need for paid sick leave use
is foreseeable (e.g., doctor's appointment scheduled in advance). If the need for paid sick
leave use is unforeseeable, the employee shall provide notice of the need for the leave to
their supervisor as soon as is practicable.
An employee who uses paid sick leave must do so with a minimum increment of two (2)
hours of sick leave.
Paid sick leave will not be considered hours worked for purposes of overtime calculation.
An employee will not receive compensation for unused accrued paid sick leave upon
termination, resignation, retirement or other separation from employment from the City.
If an employee separates from City employment and is rehired by the City within one year
of the date of separation, previously accrued and unused paid sick leave hours shall be
reinstated to the extent required by law. However, if a rehired employee had not yet
worked the requisite 90 days of employment to utilize paid sick leave at the time of
separation, the employee must still satisfy the 90 days of employment requirement
collectively over the periods of employment with the City before any paid sick leave can
be used.
Leave under this policy may run concurrently with leave taken under other applicable
policies as well as under local, state, or federal law, including leave taken pursuant to the
California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA).
The City will not lend sick leave in advance of accrual.
The City will not retaliate against an employee who utilizes paid sick leave.
Any abuse of sick leave usage shall be grounds for disciplinary action up to and including
dismissal.
B. ALL PART-TIME POSITIONS EXCLUDING 3/4 -TIME POSITIONS:
Retirement
Enrollment in the Public Agency Retirement Services (PARS) 457 Alternate
Retirement System 457 Plan. The City's contribution shall be 3.75%; and the
employee's contribution shall be 3.75%.
C. ALL % TIME PART TIME POSITIONS
Positions designated as'/< time receive the following benefits in addition to sick leave.
a) Medical:
The City contracts with the California Public Employees' Retirement System
(CalPERS) pursuant to the Public Employees' Medical and Hospital Care Act
(PEMHCA) to serve as the health insurance provider for the City and offers'/< -time
part-time employees health insurance at the single parry rate of the Kaiser Health
Care Plan. Employees are required to pay any cost of the health care premium that
exceeds the cost of the provided plan. If a less expensive plan is selected, no cash
is provided to the employee.
b) Retirement:
Employees will be enrolled in the City's retirement program through CalPERS.
The employee pays 100% of the employee's portion of the retirement rate.
c) Bilingual Pay:
The City will offer a bilingual pay program for eligible '/4 -time employees who
consistently utilize other languages to translate during the normal course of work. To
qualify, employees must pass the test developed or utilized by the City for the
following recognized languages: Spanish, Vietnamese, Cantonese, Mandarin,
American Sign Language, or any other language determined by the City Manager.
A maximum of three (3) positions per language per site may be certified to receive
bilingual pay by the City. It will be applicable at all primary sites (RCRC, Garvey
Center, Public Safety and Maintenance Yard). In the event that more than three
employees wish to apply for it, management will determine the top three (3) based
upon positional needs. Once certified, '/o -time positions shall receive a bilingual
stipend of $100 per month.
Any employee who is not certified by the City shall not be required to use a
language other than English. However, when a member of the public, requests
assistance in a language other than English, our employees shall make a reasonable
effort to accommodate and assist in a polite and professional manner.
d) Wellness Program Reimbursement:
The City may provide wellness reimbursement program participation at $150 per
year based upon the availability of funding.
e) Tuition Reimbursement:
Subject to City Manager approval, employees may be reimbursed for part or all of
the costs of educational and other training courses (up to $2,500 per fiscal year),
which provide a benefit to the City and provided there are budgeted funds for such
approval by the City Council. During the budget process, money will be included
annually for educational reimbursement. The educational/training courses must be
job-related, leading towards a college or university degree or certificate and
employees must remain with the City for three (3) years after the successful
completion of class/course or must reimburse the amount received to the City on a
prorated basis. If an employee leaves employment (voluntarily or involuntarily)
with the City, prior to the three (3) years after the completion of class/course, the
employee must repay the amount received based upon the following prorated basis:
Pro -Rated Schedule of Refund
Years of Service After Completion
Repayment Amount Due to the City
Less than one 1 year
Full Amount Received
Less than two 2) years
2/3 of Amount Received
Less than three 3 ears
1/3 of Amount Received
Employees with prior approval by the City Manager, may be reimbursed for
registration, costs of books, tuition, lab fees and parking for classes or instruction,
provided such classes or instruction are related to the employee's assigned duties
with the City.
Reimbursement will be made only after an employee has satisfactorily completed
the class or workshop with the grade of C or better or equivalent completion and
that evidence of same has been submitted and approved by the City Manager.
In general, training time during working hours shall be considered part of the job.
Unless the City directs an employee to attend a specific training course and the
course is not available during work hours, training after hours shall be considered
voluntary and no additional pay, overtime, or compensatory time shall be given by
the City unless advance special written approval is granted. Study time shall be
considered completely voluntary.
There is no mileage reimbursement for travel to and from educational classes.
Required forms must be completed and necessary documentation (receipts and
grades) must be provided in order to receive reimbursement. Final and conclusive
determinations of the reimbursement amount shall be made by the City
Manager/Assistant City Manager after review of the request and recommendations
by the Department Director and/or Human Resources.
f) Vacation Accrual Rate:
All 3/4 -time employees accrue 50 hours of vacation time per year which is credited
at 1.92 hours per pay period. Employees cease to accrue vacation hours when, in
any pay period, their vacation balance exceeds two times the annual accrual (100
hours). Employees may begin taking accrued vacation after six months of
employment.
g) Computer Purchase Program:
The City provides a computer purchase program that is available to '/4 -time employees
as outlined in Administrative Policy No. 30-09.
PASSED, APPROVED, AND ADOPTED this 14th day of May, 2024.
APPROVED AS TO FORM:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
a
Steven Ly, Mayor
ATTEST:
Erickalfemandez, City Clerk -
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2024-21 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 14th day of May, 2024, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE '
ABSTAIN: NONE
Ericka Hernandez, City Clerk -
Appendix A
City of Rosemead
Part -Time Employees
Hourly Salary Ranges
Effective July 1, 2023
Position Title
Step 1
Step 2
Step 3
Step ,
Step
Administrative Intern
16.12
16.93
17.77
18.66
19.59
Aquatic Attendant
16.12
16.38
17.20
18.06
18.96
Assistant Pool Manager
18.24
19.16
20.11
21.13
22.18
Community Service Officer
20.72
21.76
22.85
23.98
25.19
Lifeguard
16.55
17.37
18.24
19.16
20.11
Lifeguard/instructor
17.38
18.25
19.16
20.12
21.12
Office Specialist
19.73
20.72
21.76
22.85
23.98
Park Ranger
20.72
21.76
22.85
23.98
25.19
Parking Control Officer
20.72
21.76
22.85
23.98
25.19
Playschool Teacher
18.79
19.74
20.72
21.76
22.85
Recreation Leader
16.12
16.87
17.72
18.60
19.53
Senior Recreation Leader
18.79
19.74
20.72
21.76
1 5
Youth Worker. "--
16.12
City of Rosemead
Part -Time Employees
Hourly Salary Ranges
Effective July 1, 2024
Position Title
Step I
Step 2
Step 3
Step.
Step 5
Administrative Intern
16.60
17.43
18.31
19.22
20.18
Aquatic Attendant
16.60
16.87
17.71
18.60
19.53
Assistant Pool Manager
18.79
19.73
20.72
21.76
22.85
Community Service Officer
21.34
22.41
23.53
24.70
25.94
Lifeguard
17.04
17.90
18.79
19.73
20.72
Lifeguard/Instructor
17.90
18.79
1 19.73
20.72
21.76
Office Specialist
20.32
21.34
22.41
23.53
24.70
Park Ranger
21.34
22.41
23.53
24.70
25.94
Parking Control Officer
21.34
22.41
23.53
24.70
25.94
Playsehnpl Teacher
19.36
20.33
21.34
22.41
23.53
#Qselsetiori.t eider
16.60
17.37
18.25
19.16
20.12
Senior Recreation Leader 1
1936.
2033.
21.34 1
22.41
1 23.53
YouthlNorksr: _
16.60