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Final Passage of Ordinance Amending the Alameda Municipal Code by Deleting Section 25-2.4 Concerning the Accrual Of Sick Leave By Part Time Employees. (Human Resources 2512)
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CITY OF ALAMEDA ORDINANCE NO.______
AMENDING THE ALAMEDA MUNICIPAL CODE BY DELETING SECTION 25-2.4 CONCERNING THE ACCRUAL OF SICK LEAVE BY PART TIME EMPLOYEES
WHEREAS, currently certain part time employees under certain circumstances are entitled to be absent on sick leave with pay but for not more than five working days during any 12 month period; and
WHEREAS, a new state law, AB 1522 (the Healthy Workplaces, Healthy Family Act of 2014) took effect January 1, 2015, purports to apply to all cities including charter cities, and mandates that employers must implement a paid sick leave accrual system for any employee who works 30 days or more in a twelve month period effective July 1, 2015; and
WHEREAS, the minimum requirements of a sick leave accrual system set forth in AB 1522 allow part time employees to accrue sick leave benefits greater than currently provided in Section 25-2.4; and
WHEREAS, under the new law, the State Labor Commissioner is authorized to enforce its provisions and is vested with the authority to impose administrative fines, seek civil penalties and recover attorney’s fees for violations; and
WHEREAS, the new law allows an employer to limit affected employees’ use of sick leave to 24 hours or three (3) days, whichever is greater, in each year and does not apply to employees covered by a collective bargaining agreement; and
WHEREAS, by reason of the new State law, it is no longer necessary to address sick leave accruals for certain part time employees in the Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 25-2.4 of the Alameda Municipal Code is hereby deleted in its entirety.
Section 2. This Ordinance shall be in full force and effect from and after the expiration of 30 days from the date of its final passage.
__________________________
Mayor of the City of Alameda
Attest:
____________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 1st day of September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have set my hand and affixed the official seal of said City this 2nd day of September, 2015.
_____________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Janet C. Kern, City Attorney
City of Alameda