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HomeMy WebLinkAboutMINUTES - 05181993 - 2.1 (2) TO: BOARD OF SUPERVISORS � 5 ` _ Contra r' FROM: Phil Batchelor County Administrator Costa o: 's County DATE: May 13, 1993 SUBJECT: Sick Leave Policy SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDATION(S) A. Accept Report from the County .Administrator. B. Direct the County Administrator to continue to explore changes in sick leave policies that will result in a more consistent, uniform administration of sick leave on a County-wide basis. C. Direct the Personnel Department to continue to work with the employee organizations during general contract negotiations on the development of the County-wide Sick Leave Program. II . BACKGROUND As we are called on to provide services with fewer employees, work attendance becomes increasingly important. With fewer employees to perform the work, any unplanned absence places an additional burden on the remaining staff. Consequently, it is important that we continue our efforts to monitor sick leave usage and to make sure that there is a uniform administration of sick leave on a County-wide basis. While many employees have exemplary sick leave records and most do not use an excessive amount of sick leave, we will continue to improve the administration and monitoring of the program. This will help to insure that this important . CONTINUED ON ATTACHMENT: X YES SIGNATURE: i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER A� SIGNATURE(S): ACTION OF BOARD ON k9 3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 2_UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: Eileen K. Bitten (6-4064): CC: Personnel Department ATTESTED County Administrator PHIL BATCH OR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) benefit is available when needed by employees for themselves or when they have- obligations to theirfamily members when a medical emergency .arises. Sick leave should be viewed as an insurance policy to be used for income protection in case of injury or illness, as was originally intended, and sick leave should be. used judiciously and sparingly so that it will be available at a time when it is really needed. In recognition of the importance of achieving consistency in the administration of sick leave among .departments, the. County and the employee organizations participating in ' the Health Care Coalition agreed to changes in the sick leave ,program. These changes are reflected in Administrative Bulletin 311.6 Sick Leave Policy which was revised on April 8, 1992. The revisions are intended to focus on the control of chronic users of sick leave without .disadvantaging the responsible employee. In addition, they will aid . in achieving a more uniform application of,, sick leave policies on a County-wide basis. Prior to the adoption of Administrative Bulletin 311. 6, department heads were given a copy of the revised Bulletin which reflected the changes that were initiated as' a result of the 1991-1992 negotiation process. They were informed of the County' s . commitment' to seek the, highest level` of uniformity in its sick leave administration among all departments consistent with practical operational needs Each department was asked to provide copies of all internal sick leave policies and directives so that they could be reviewed and compared with the Countywide Bulletin (311. 6) . The Personnel Department agreed to review all current and proposed departmental sick leave policies for conformance with Administrative Bulletin 311.6. This has been done for departments that supplement the County policy with specific sick. leave procedures to be used by their own employees. During its review of sick leave policies, the Personnel Department has advised departments that the clear emphasis on sick leave administration should be on addressing excessive sick leave use based on the circumstances of each individual. situation rather than, automatically taking steps to correct usage above a preset level. On September 18, 1992 department heads were advised that . the Personnel Department would be initiating meet and confer deliberations with the coalition of employee organizations to seek agreement on an 'acceptable standard -for sick leave use. They were informed that the County would seek to develop and implement a . clear definition of excessive usage and acceptable mitigating . circumstances including documented, serious medical conditions of immediate family members. In its subsequent deliberations on sick leave, the County - discussed the• use . of a "trigger point" keyed to percent usage of accruals over a set period of time as a uniform method for departments to address potential. sick leave abuse. The Health Care Coalition has taken the position that this issue should be raised during general contract negotiations which will take place in the Fall of 1993 . The County intends to address this matter again at that time. 'To assist each department in monitoring specific sick leave . usage on a quarterly basis, the Personnel and Auditor- Controller Departments implemented a computer generated report that provides, -departments with sick leave usage on an. individual basis as well as on a departmental basis. The .County Administrator forwarded the first of these sick leave reports to departments on April 5, 1993 . These reports will be issued quarterly at the end 'of March, June, September, and December of each year. y A copy of Administrative Bulletin 311. 6 is attached '(=Attachment=#_l)'. A detailed chronology of what has transpired to date on sick leave is provided inWAttachment t2:�P Finally, a chronology of actions taken prior to the 1991 - 1992 labor negotiations is provided in Attachment-R`A III. ACTIONS In a report to the Board of Supervisors on September 22,. 1992, action steps being taken on the Sick Leave Program were identified. These steps are summarized below together with the action that has been taken to date by the County. 1. The Personnel Department will be meeting with the County Labor Representatives to discuss criteria to be applied in identifying excessive use, ensuring -consideration of mitigating factors such as surgery, family illness or chronic illness, in instances of high utilization. Action Taken * September 23 , 1992 - A letter was sent to employee organizations requesting to meet and confer on developing and implementing specific criteria for determining excessive sick leave use. Employee organizations were informed that the County was .concerned that the criteria do not discourage the legitimate use of sick leave and that they would include mitigating factors, such as family illness or emergencies and chronic illness or injury. The Health Care Coalition has taken the position that the establishment of criteria for determining excessive sick leave use should be raised during .general contract negotiations which will take place in the Fall of 1993 . Meet and confer sessions with the Health Care Coalition on several. issues, including family leave, will take place at that time. It is anticipated that Federal and State guidelines on family leave will be promulgated in June 1993 . 2. A memorandum will be sent by the County Administrator to all County employees relative to responsible use of sick leave. Action Taken * October 10, 1992 - A letter was distributed to County Employees informing them that an agreement was reached between the County and all employee organizations represented in the Health Care Coalition on la revised County Administrative Bulletin on sick leave. The importance of monitoring sick leave usage so that there is a uniform administration of the sick leave program on a Countywide basis was discussed. Employees were also informed that departments were advised, when monitoring and reviewing sick leave, to take into consideration the importance of employee obligations to their family members when a medical emergency arises.. 3 . A system for providing sick leave utilization reports to departments has been established. These reports will be forwarded to each department on a quarterly basis starting in January. Action Taken • April 5, 1993 A quarterly report for the first quarter of 1993 was distributed to departments. * May 5, 1993 - A follow-up memorandum concerning sick leave usage during the lst quarter of 1993 was sent to departments. 4. Regular status reports will be presented to the Board Of Supervisors. Action Taken * The current status report on sick leave is being presented to the Board. COUNTY SICK LEAVE POLICY EFFECTIVE APRIL 8, 1992 Adm inistrative Bulletin Contra Number 311.6 Costa Replaces 311.5 Office of the County Administrator Date 4-8-92 County Section Personnel n SUBJECT: Sick .Leave Policy This bulletin states general County policies oft- the accumulation, use and administration of paid sick leave credits. While the provisions contained in this bulletin apply to the majority of County employees, some provisions may differ for certain job classifications as a. result of negotiations with employee organizations. Therefore, various current memoranda of understanding,. regulations governing unrepresented employees, and departmental sick leave guidelines, should be consulted as required to ensure the proper administration of sick leave. I. PURPOSE OF SICK LEAVE. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by. the, County and may be used only as authorized; it is not paid time off which employees may use for personal activities. II . . .CREDITS TO AND CHARGES AGAINST SICK LEAVE. Sick 'leave credits 'accrue at the rate of eight (8 ) working. hours credit for each completed month of service, as prescribed by County Salary Regulations and memoranda of understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. when an employee. is separated, other than through retirement, accumulated sick leave credits shall be cancelled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position .within the period of layoff eligibility. As of the date of retirement, an employee' s accumulated sick leave is converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. III. POLICIES GOVERNING THE USE OF PAID SICK LEAVE. As indicated above, the primary purpose of paid sick leave is to ensure '�.. employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild,. father- in-law, mother-in-law, daughter-in-law, son-in-law, brother- in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister of an employee and/or includes any other person for whom the employee is the . legal guardian or conservator., or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa County in an allocated position in the County. service. . "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations. and memoranda of understanding. "Condition/Reason.." With respect to. necessary verbal contacts and .confirmations which occur between .the department and the employee when sick leave is requested or verified, a brief statement. in non-technical terms from the employee regarding inability to work due to injury. or illness .is sufficient. Accumulated paid sick leave credits may be .used, subject to appointing authority approval, by an .employee in. -pay status, only in the following instances: A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or .injury. B. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is .qualified by reason of education, 'training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1. An application for retirement due to disability has been filed with the Retirement Board. 2 2. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when , such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a .communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage., abortion, childbirth, or recovery _therefrom, shall be allowed to. utilize sick leave credit to the .maximum accrued by such employee during the period of such disability, under the conditions set forth below:, 1. Application for such leave must be made by the employee to-the appointing authority accompanied by a written statement of disability . from the employee' s attending physician. The statement must address itself to the employee' s general physical condition having considered the nature of the work performed by the employee, and it must indicate. the date of the commencement of the disability as well as the date the . physician anticipates . the disability to terminate. 2. If an employee does not apply for leave . and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery. therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick ,leave may not be utilized after the employee has been released from the hospital unless tthe employee has provided the County with a written statement from her attending -physician stating that 3 her disability continues and the projected dates of the employee' s recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee' s own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. F. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. G. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family, but this shall not exceed . three working days, plus up to two days of work time for necessary travel. H. Accumulated paid sick leave credits may not be used in the following situations: Vacation. Paid sick leave credits may not be used for an employee' s illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. IV. ADMINISTRATION OF SICK LEAVE. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: A. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason for and possible duration of absence. 2. Employees are responsible for keeping their department informed .on a continuing basis of their condition and probable date of return to work. 4 3 Employees are responsible for obtaining advance approval from their supervisor 'for the scheduled time of pre-arranged personal or family medical and dental appointments. 4 . Employees are encouraged to keep the department advised of ( 1) a current telephone number to which sick leave related inquiries may be directed, and ( 2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or .persons the department may contact to verify the employee's sick leave. B. Department Responsibilities The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of. the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make 'reasonable inquiries about employee absences. The department may require medical verification for an absence of three ( 3 ) or more working days. The department may also require medical verification for absences of less than three ( 3 ) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: ♦ Calling the employee' s residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental .sick leave call-in .guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section IV.A. 4. ♦ Obtaining the employee' s signature on the Absence/ overtime Record, or on another form established for that purpose, as employee certification of the legitimacy 'of the. claim. ♦ Obtaining the employee' s written statement of explanation regarding the sick leave claim. ♦ Requiring the employee to obtain a physician' s certificate or verification ' of the employee' s illness, date(s) the employee was incapacitated, and the employee' s ability to return to work,, as specified above. 5 ♦ In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will ensure the submissic.n of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with related administrative bulletins issued by the Office of the County Administrator. To help assure uniform policy application, the Personnel Director or designated management staff of the County Personnel Department should be contacted with respect to sick leave determination about which the department is in doubt. Originating Dept. : County Administrator Reference: Resolution No. 92/107 -1. PAILIBXTCHELORI County Administra r 6 CHRONOLOGY OF EVENTS PERTAINING TO SICK LEAVE POLICY JULY 1991 . TO PRESENT 05/05/93 Memo from the County Administrator's Office to Department Heads emphasizing need to review sick leave usage for 1st quarter, 1993. 04/05/93 Memo from the County Administrator's Office forwarding quarterly Sick Leave Report utilization data. 10/10/92 Letter,from the County Administrator's Office to County Employees regarding sick leave monitoring program. 09/23/92 Letter from Personnel Director to all employee unions requesting meet and confer to develop the criteria for uniform sick leave utilization guidelines., 09/22/92 Board Order adopting County Sick Leave Policy and an action plan to develop. uniform sick leave utilization guidelines 09/18/92 Memo.from the Director of Personnel to Department Heads advising of meet and confer to be initiated on acceptable standards of sick leave use and requesting departmental input; also advising that Sick . Leave Informational Reports will.be made available quarterly. 06/92 to 09/92 Departmental Sick Leave Policies submitted to Personnel Department. 06/05/92 Memo from Personnel Department to all Department Heads: - forwarding final copy of Sick Leave Policy; - stressing need for uniformity and meet and confer on modifications to meet individual department needs; - requiring Personnel Department review of individual policies to identify inconsistencies. 05/11/92 Board Order containing the following elements in response to Grand Jury Report on Sick Leave: - establish a written policy; provide managers with data on sick leave utilization; require managers to emphasize concern about sick leave and use this as an evaluation factor. 04/23/92 Memo from the County Administrator's Office to Department Heads on new Sick Leave Policy: - instructs departments to provide sick leave utilization data quarterly to managers and supervisors for use in monitoring employees usage; - sick leave usage will be an important-factor in evaluating executive performance. . 03/16/92 Memo from County Employee Relations Manager to Department Heads transmittingthe revised Administrative Bulletin 311.5 as signed by the Health Care Coalition and noting specific modifications. 02/06/92 Agreement on new Sick Leave Policy signed by the Health Care Labor Coalition. 12/19/91 Proposal on revised Sick Leave Policy submitted to Health Care Coalition in meet and confer process. 08/26/91 Health Care Labor Coalition submits proposal for a County-wide Sick Leave Policy as part of the negotiation process. 07/10/91 First meet and confer session with Health Care Labor Coalition. ONS . fA0N OGY of ACr CSARpOgNEG 1991 JpTIONs 07/09/91 Memo from the Director of Personnel to the County Administrator's Office forwarding reviewed Final Draft Guidelines for Departmental Sick Leave Programs. 05/22/91 Memo from the Director of Personnel to Department Heads regarding Departmental Sick Leave Programs and forwarding Final Draft Guidelines for Departmental Sick Leave Programs for final review. 04/91 Summary of comments from- 15 departments on new proposed sick leave guidelines. 08/29/90 Memo from the Director of Personnel to Department Heads forwarding a new draft "Guidelines for Developing a Departmental Sick Leave Program" formulated following completion of union negotiations and asking for departmental comments. 08/13/90 1st Draft of Sick Leave Program Guidelines for Departments. 07/30/90 Sick Leave Program proposal for. Departments. 05/24/90 Memo from the Director of Personnel to Department Heads forwarding an outline of a guide for the development of a comprehensive Sick Leave Policy. 05/09/90 Memo from Director of Personnel to Auditor-Controller describing implementation of Management Sick Leave Incentive Plan adopted by the Board in Resolution No. 89/684 (Management Compensation Resolution) effective January 1, 1990. 11/16/89 Administrative Bulletin 311.6 'issued making changes agreed to in negotiations. 05/01/89 Proposed sick leave plan suggestions summarized in memo to Director of Personnel. 07/11/88 Note to Employee Relations Manager from the Director of Personnel regarding the need to negotiate proposed sick leave program modifications to current program.