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HomeMy WebLinkAboutHR Military Leave BenefitsAgenda Item No: Meeting Date: SAN RAFAEL CITY COUNCIL AGENDA REPORT 10 June 16, 2008 Department: Management Services Department — Human Resources/Risk Managem nt Prepared by: /s/ 2 City Manager Approval: /s/ Leslie Loomis, Human Resources Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO PROVIDE EXTENDED MILITARY LEAVE BENEFITS TO EMPLOYEES CALLED TO ACTIVE DUTY RECOMMENDATION: Adopt Resolution BACKGROUND/SUMMARY: Current law regarding the granting of military leave (California - Military & Veterans Code 389 et seq. And Federal — Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq) define and outline employer responsibilities to maintain the employment status of employees called to active duty in the military forces of the United States or the National Guard. Beyond the first 30 calendar days of military leave neither the state or federal law require any continuation of salary, health and welfare benefits, including but not limited to continued health and dental insurance and/or leave accruals. Under normal circumstances the provisions of the law are sufficient to maintain the economic status of the affected employee(s) and to provide for the affected employee(s) certain return to work protections. The tragedy that occurred on September 11, 2001 and the national events that followed have changed the normalcy of United States and the use of its military forces. As a result it is anticipated that to meet the needs of the United States and its citizens U.S. military reservists and National Guard may be called to active duty for periods extending beyond 30 calendar days per year. In recognition of this the City Council has on three occasions (during the first Gulf War, after the September 11, 2001 tragedy and in March, 2004) extended military leave benefits beyond that required by law to employees called to active duty. The last time the City Council took this action, on March 15, 2004, the extension of benefits had a three year sunset clause. Therefore this added benefit expired on March 15, 2007. Unfortunately, situations have not calmed FOR CITY CLERK ONLY File No.: �7- - W Council Meeting: 6/16(09 Disposition: )L5oz-0i Kw tf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 2 sufficiently to change the government's use of our military, including reservists and National Guard. Staff has reviewed this issue and asks the City Council to consider 1) an extension of the military leave benefits beyond that required by law and 2) to provide an additional three year period of time before such a program would sunset. Therefore, the City Council would, by adopting this Resolution, extend military leave benefits to employees called to active duty, if they were members of a U.S. military reserve unit or National Guard unit as of July 1, 2008, for a period of active duty not to exceed 180 calendar days. This benefit would include a pay supplement to ensure there were no lost wages during their absence, continue the City's contribution towards their City group health and dental and/or vision insurance benefits at the same level as provided before they left; and to allow continuation of their rate of vacation and sick leave accrual during this absence. At the present time the City of San Rafael is aware of one employee who will be called to active duty in September 2008, and staff estimates that less than five current employees could be subject to a call to active duty. FISCAL IMPACT: Since all positions are currently budgeted and would not be filled during the time of the incumbents' active duty staff does not see this action as having any effect on the current budget. OPTIONS: a. Adopt the Resolution or b. Seek additional clarification from staff before consideration of this Resolution. ACTION REQUIRED: With the City Council's adoption of this Resolution staff would extend military leave benefits for 180 days to employees who are called to active duty between July 1, 2008 and June 30, 2011. RESOLUTION NO. 12513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO PROVIDE EXTENDED MILITARY LEAVE BENEFITS TO EMPLOYEES CALLED TO ACTIVE DUTY WHEREAS, the City of San Rafael ("City") acknowledges its employer obligations for the granting of military leave to eligible employees pursuant to California law (Military & Veterans code 389 et seq.) and federal law (Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 et seq.); and WHEREAS, the City acknowledges that under the Military & Veterans Code 395.03 it may adopt a resolution to extend benefits beyond what is required in California and federal law; and WHEREAS, the City recognizes the special circumstances surrounding the call up of military reservists and National Guard members that have and continue to occur; and the potential impact to San Rafael employees who are subject to calls to active service in the U.S. military reserves or National Guard for lengthy periods of time. NOW, THEREFORE, the City Council of the City of San Rafael does resolve, declare, determine and order, that for the three year period this Resolution is in effect, as follows: (1) Employees who were members of a U.S. military reserve unit or National Guard unit as of July 1, 2008, will be eligible for extended salary and benefits, if called to active duty. (2) The one-year of employment requirement for U.S. military reservists is waived. (3) These extended salary and benefits shall continue beyond the 30 calendar days required by law, up to a maximum of 180 calendar days (including the first 30 calendar days of military leave), of the affected employees' active duty time. (4) During this extended period the City will continue the employee's regular salary, less military pay (including base pay and any and all special allotments). (5) During this extended period the City's contribution toward the employees' enrollment in the City's group health, dental and/or vision plans, as applicable and based on enrollment at the time of the military leave (Policy exclusions of the group life and long term disability insurance would still be applicable). (6) Continuation of appropriate vacation and sick leave accruals and holidays as applicable to their position at the time of the military leave. (7) Continuation in the appropriate retirement system, with service credit accruals consistent with their position. (8) Eligibility for reemployment (reinstatement), pursuant to federal and state law, as if the employee were returning within 30 calendar days of military leave. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on Monday, the 16th day of June, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None '55fi,e e - 464'e.",, - ESTHER BEIRNE, CITY CLERK RESOLUTION NO. 12513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO PROVIDE EXTENDED MILITARY LEAVE BENEFITS TO EMPLOYEES CALLED TO ACTIVE DUTY WHEREAS, the City of San Rafael ("City") acknowledges its employer obligations for the granting of military leave to eligible employees pursuant to California law (Military & Veterans code 389 et seq.) and federal law (Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 et seq.); and WHEREAS, the City acknowledges that under the Military & Veterans Code 395.03 it may adopt a resolution to extend benefits beyond what is required in California and federal law; and WHEREAS, the City recognizes the special circumstances surrounding the call up of military reservists and National Guard members that have and continue to occur; and the potential impact to San Rafael employees who are subject to calls to active service in the U.S. military reserves or National Guard for lengthy periods of time. NOW, THEREFORE, the City Council of the City of San Rafael does resolve, declare, determine and order, that for the three year period this Resolution is in effect, as follows: (1) Employees who were members of a U.S. military reserve unit or National Guard unit as of July 1, 2008, will be eligible for extended salary and benefits, if called to active duty. (2) The one-year of employment requirement for U.S. military reservists is waived. (3) These extended salary and benefits shall continue beyond the 30 calendar days required by law, up to a maximum of 180 calendar days (including the first 30 calendar days of military leave), of the affected employees' active duty time. (4) During this extended period the City will continue the employee's regular salary, less military pay (including base pay and any and all special allotments). (5) During this extended period the City's contribution toward the employees' enrollment in the City's group health, dental and/or vision plans, as applicable and based on enrollment at the time of the military leave (Policy exclusions of the group life and long term disability insurance would still be applicable). (6) Continuation of appropriate vacation and sick leave accruals and holidays as applicable to their position at the time of the military leave. (7) Continuation in the appropriate retirement system, with service credit accruals consistent with their position. (8) Eligibility for reemployment (reinstatement), pursuant to federal and state law, as if the employee were returning within 30 calendar days of military leave. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on Monday, the 16th day of June, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, CITY CLERK CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA SRCC GENDA ITEM NO. 4 DATE OF MEETING: June 16, 2008 FROM: Leslie Loomis DEPARTMENT: Human Resources DATE: June 6, 2008 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO PROVIDE EXTENDED MILITARY LEAVE BENEFITS TO EMPLOYEES CALLED TO ACTIVE DUTY RU N JUN 0 6 2000 X�zs CITY ATTORNEY Depament Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY A EN ITEM: tAA ityCager (signature) I /� / NOT APPROVED REMARKS: APP 1/f D A FORM: City Attorney (signature) f�