File #: 21-220    Name: Amending the Family Care and Medical Leave Policy
Type: General Agenda Item Status: Passed - Human Resources Department
File created: 3/5/2021 In control: Board of Supervisors
On agenda: 3/16/2021 Final action: 3/16/2021
Title: Adopt a Resolution to: a. Amend P-180 Family Care and Medical Leave Policy; b. Direct the Human Resources Department and Auditor Controller's Office to take the necessary actions to implement the policy.
Attachments: 1. Board Report, 2. Attachment A - P-180 Family Care and Medical Leave Policy - Redline (1), 3. Attachment B - P-180 Family Care and Medical Leave Policy, 4. Attachment C - Family Care and Medical Leave Policy Resolution (1), 5. Completed Board Order and Resolution Item No. 21

Title

Adopt a Resolution to:

a. Amend P-180 Family Care and Medical Leave Policy;

b. Direct the Human Resources Department and Auditor Controller’s Office to take the necessary actions to implement the policy.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Amend P-180 Family Care and Medical Leave Policy;

b. Direct the Human Resources Department and Auditor Controller’s Office to take the necessary actions to implement the policy.

 

SUMMARY/DISCUSSION:

On June 9, 2020, the Board of Supervisors approved the County’s current Family Care and Medical Leave Policy which provides guidance to employees and departments concerning employee rights under the federal Family Medical Leave Act (FMLA) and State leave laws. On September 14, 2020, Governor Gavin Newsom signed into law SB1383 which effective January 1, 2021, expanded the use of California Family Rights Act (CFRA) family and medical leave to care for additional family members. This expansion included care for adult child, grandparent, grandchild, or sibling who had a serious health condition.

 

To ensure the County is compliant with the new State law, the Human Resources Department collaborated with the Office of the County Counsel to revise the Family Care and Medical Leave Policy as follows: 

                     Effective January 1, 2021, an employee may take up to 12 weeks of leave under CFRA to care for an adult child, grandparent, grandchild or sibling who has a serious health condition;

                     Refrain from requiring an employee to use sick leave when receiving a wage replacement benefit as current FMLA/CFRA law prohibits such a practice.

 

Therefore, it is recommended that the Board of Supervisors approve the policy amendments as indicated in Attachments A and B.

 

OTHER AGENCY INVOLVEMENT:

The Human Resources Department collaborated with the Office of the County Counsel to develop the proposed policy revisions. 

 

FINANCING:

There are no anticipated costs associated with this recommendation.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The recommended action addresses the Board of Supervisors’ Administration Strategic Initiative and demonstrates the County’s commitment to meeting the Board’s initiatives by attracting, recruiting, and retaining a diverse, talented work force that supports the mission of Monterey County.

__Economic Development

X Administration

X Health & Human Services

__Infrastructure

__Public Safety

 

Prepared By:                       Wendell Sells, Management Analyst III, 796-6066

 

Approved By:  Irma Ramirez-Bough, Director of Human Resources, 755-5043

 

Attachments:

Board Report

A - P-180 Family Care and Medical Leave Policy Redline

B - P-180 Family Care and Medical Leave Policy Clean

C - Resolution