HomeMy WebLinkAboutResolutions - 2019.04.18 - 31305MISCELLANEOUS RESOLUTION 1 #19099 April 18, 2019
BY: Commissioner Nancy Quarles, Chairperson, Legislative Affairs and Government Operations
Committee
IN RE: HUMAN RESOURCES DEPARTMENT — CHANGE TO MERIT SYSTEM RULES 24 AND 26
FOR COMPLIANCE WITH THE PAID MEDICAL LEAVE ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan adopted the Paid Medical Leave Act pursuant to Public Act 338 of
2018, as amended by Public Act 369 of 2018, effective March 29, 2019; and
WHEREAS the Paid Medical Leave Act (PMLA) provides for a maximum of 40 hours of paid leave per
benefit year for each eligible employee; and
WHEREAS this leave may be used for any of the following reasons:
• Physical or mental illness, injury, or health condition of the employee or his or her family
• Medical diagnosis, care, or treatment of the employee or employee's family member
• Preventative care of the employee or employee's family member
• Closure of the employee's primary workplace by order of a public official due to a public
health emergency
• Care for the employee's child whose school or place of care has been closed by order of a
public official due to a public health emergency
• The employee or his or her family member's exposure to a communicable disease that would
jeopardize the health of others as determined by health authorities or a health care provider
• Medical, psychological, or legal services pertaining to victims of domestic violence and sexual
assault; and
WHEREAS Oakland County's Personal Leave bank meets the requirements of the PMLA; and
WHEREAS the current practice gives new employees a pro -rated number of Personal Leave hours based
on date of hire during the calendar year and eight (8) hours of Floating Holiday time after 90 days of
service; and
WHEREAS providing the 40 hours of paid Personal Leave as well as the Floating Holiday upon hire
would increase the ability to attract qualified employees to Oakland County; and
WHEREAS the Human Resources Department is proposing to revise Merit Rule 24 — Personal Leave and
Merit Rule 26 — Legal Holidays to allow for the immediate accumulation of 40 hours of Personal Leave
and the eight (8) hour Floating Holiday effective the beginning of the first pay period following the date of
hire; and
WHEREAS the timing to make the Personal Leave and Floating Holiday available upon hire does not
result in any budgetary changes as the County budgets for full employment of all authorized positions;
and
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the
rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a
regular meeting of the Board and shall become effective thirty (30) days after such meeting unless an
objection is received in writing by the Chairperson of the Board of Commissioners, in which case
the objection shall become a matter of business at the next meeting of the Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
that the reading and distribution of this notice and copy of the proposed change to Merit System Rules
24 and 26 to all Commissioners present and absent is considered as the official submission to the
Board of Commissioners of the described changes in Merit System Rules 24 and 26.
BE IT FURTHER RESOLVED that changes to the Merit System Rules be cross referenced by the
appropriate Board of Commissioners' Resolution number authorizing such change.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the
adoption of the foregoing resolution.
LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gingell absent.
Z � L? "
Commission=lative
cy Quarles; District # 17
Chairpei Affairs and Government
Operations Committee
DRAFT03/28/19
24. PERSONAL LEAVE
24.1 DEFINITION OF PERSONAL LEAVE
REVISED VERSION
24.1.1 Personal Leave is an absence from work for which the employee is paid just as
if he or she was at work. Personal Leave is provided primarily to provide income
protection for the employee whose personal illness or incapacity is such that they are not
able to work, but they have not yet met the required waiting period to qualify for the Short
Term Disability plan. Personal Leave may also be used for, but is not limited to, personal
business, vacation, care of ill family members and medical or dental examinations and
treatment
24.2 ELIGIBILITY FOR PERSONAL LEAVE
24.2.1 See Rule 22 ., "Eligibility for Employee Benefits".
24.2.2 All employees eligible for Personal Leave will receive this benefit as detailed
below.
24.2.2.1 Pull -time eligible em to ees will be issued five (5) Personal Leave days during
the first full pay period of each calendar year in which they remain actively employed.
24.2.2.2 Part-time eligible employees will receive two and one half (2 112) Personal Leave
days during the first full pay period of each calendar year in which they remain actively
employed.
24.2.2.3 New full-time hires will receive Personal leave days effective the first pay period
following their hire date.
24.3 ACCUMULATION OF PERSONAL LEAVE
24.3.1 Employees may accumulate up to a total of fifteen Personal Leave days. Once
the maximum is reached no further Personal Leave Time will accumulate either for
immediate or future use when the employee's accumulation is below the maximum.
24.3.2 Personal Leave days have no cash -in value.
24.4 USE OF PERSONAL LEAVE
24.4.1 Personal Leave may be used only with the permission of the employee's
department head. This provision shall apply to all other sections of this rule.
24.4.2 Uses of Personal Leave with advance permission of the department head
include, but are not limited to, personal business, vacations, scheduled medical and
dental examinations or treatment and supplementing Worker's Compensation or Income
Disability Insurance payment, and reasons set forth in the Paid Medical Leave Act.
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D R A t+ T 03/28/ 19
REVISED VERSION
24.4.3 Personal Leave may also be used without advance permission of the
department head, for personal illness or incapacity over which the employee has no
reasonable control, or the illness or incapacity of a family member and the employee is
the only person available to render such care.
24.4.3.1 Each County department head shall be responsible for reviewing employee
requests for Personal Leave under part 24.4.3 and determining their validity. The
department head shall refuse to allow use of Personal Leave when, it their judgement,
there is insufficient evidence to support the employee's claim, or where it is believed that
the employee has not exercised reasonable effort to promptly notify the department of the
absence. The employee may be required to submit a physician's statement in order to
justify the use of Personal Leave under part 24.4.3.
24.4.3.2 Employees unable to work their shift shall notify their department authority or
designated representative as follows:
24.4.3.2.1 In departments operating 24 hours a day, seven days a week, no later
than one hour before their normal work shift begins if directed to do so in writing
by their department authority, or no later than one-half hour before their normal
work shift begins if not directed otherwise by their department authority.
24.4.3.2.2 In departments where the department authority or designated
representative is normally on duty to receive such calls, no later than one-half
hour before their normal work shift begins.
24.4.3.2.3 In departments where the department authority or designated
representative is not normally on duty prior to the beginning of the normal work
shift, as soon as possible after the beginning of their normally scheduled work
shift or, in any case, no later than one-half hour after the work shift begins.
24.4.3.3 Personal Leave may not be used before it is credited to the Personal Leave Bank
and no more time may be used than what is available in the Personal Leave Bank.
24.5 EFFECT OF PERSONAL LEAVE ON ANNUAL LEAVE
24.5.1 Employees on Personal Leave shall continue to accumulate Annual Leave just
as if they were on the job.
24.5.2 Legal Holidays which are counted as days off with pay by the County shall not
be deducted from an employee's Personal Leave accumulation when they fall during a
period of Personal Leave usage.
24.6 EFFECT OF RE-EMPLOYMENT ON PERSONAL LEAVE
24.6.1 Former employees, who return to County Service, must start their accumulation
of Personal Leave as new employees. However, at such time that their prior County
Service is recognized by the Oakland County Employees` Retirement System, all
Personal Leave accumulation they had at the time of separation shall be reinstated.
24.6.2 Employees who leave the County Service to enter the Armed Forces of the
United States under the provisions of the Selective Service Act, who are members of the
Armed Forces and are called to active duty, or who enlist in the armed Forces during a
declared national emergency shall, upon re-employment by the County, have available
any unused Personal Leave previously earned; provided that such re-employment takes
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DRAFT 03/28/19
REVISED VERSION
place within 90 days after discharge or release from active duty in the Armed Forces
whichever is later.
24.7 EFFECT OF DEATH LEAVE ON PERSONAL LEAVE
24.7.1 Employees who are given permission to use Death Leave during the period of
approved Personal Leave usage shall not have the time spent on Death Leave deducted
from their Personal Leave accumulation.
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Draft 03/28/19 REVISED VERSION
26. LEGAL HOLIDAYS
26.1 DEFINITION
26.1.1 The following holidays are recognized as holidays by the County of Oakland.
New Year's Day
Martin Luther King's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
- January 1
- The third Monday in January
- The third Monday in February
- The last Monday in May
- July 4
- The first Monday in September
- November 11
- The fourth Thursday in November
- December 24
- December 25
- December 31
26.1.2 In addition to the above holidays, County employees will receive effective the
first pay period following their hire date one "Floating Holiday" equivalent to one 8 hour
work day, each calendar year. When using the Floating Holiday, employees shall be
granted the day off and shall be paid at their regular rate for the day, just as if they had
worked. There shall be no holiday premium pay for this day. The employee's
department head shall be responsible for considering the best interest of the department
and County service when approving use of the Floating Holiday. The remaining Section
of this rule shall not apply to the Floating Holiday provision.
26.2 HOLIDAYS FALLING ON SUNDAY
26.2.1 Whenever New Year's Day, Independence Day, Veterans' Day, or Christmas
Day falls on Sunday, the following Monday shall be a Holiday.
26.2.2 Whenever Christmas Eve or New Year's Eve falls on Sunday, the preceding
Friday shall be a holiday.
26.3 HOLIDAYS FALLING ON SATURDAY
26.3.1 Whenever Independence Day, Veterans' Day, Christmas Eve Day or New Year's
Eve Day falls on Saturday, the preceding Friday shall be a Holiday.
26.3.2 Whenever Christmas Day or New Year's Day falls on Saturday, the following
Monday shall be a Holiday.
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REVISED VERSION
26.4 HOLIDAYS OFFICIALLY CELEBRATED ON MONDAY
26.4.1 Whenever one of the designated Holidays is celebrated on Monday, in
compliance with Act 12 of the Public Acts of 1969, that Monday shall be considered as
the Official Holiday for the purpose of these regulations.
26.5 EFFECT OF LEGAL HOLIDAYS
26.5.1 All County departments and institutions shall be closed on these designated
Holidays except those departments and institutions which must stay open to provide
continuous round-the-clock service.
26.5.2 County employees eligible for employee benefits under Rule 22 shall be granted
time off with pay except as otherwise indicated in the provisions of this rule,
26.5.3 In those County departments and institutions which provide 24 hour, 7 days a
week service, those employees on seven-day scheduling shall be designated eligible for
holiday compensation on the actual holiday rather than the County celebrated holiday.
26.5.3.1 In those instances when New Year's Eve Day, New Year's Day, Independence
Day, Veteran's Day, Christmas Eve Day, or Christmas Day falls on Saturday or Sunday
these designated employees shall be compensated for the actual day on which the
holiday falls. (Section 26.2 and Section 26.3 of this Rule shall not affect these designated
employees.)
26.5.3.2 Under no circumstances shall an employee be eligible to receive holiday pay for
both the County celebrated holiday and the actual holiday when the two do not coincide.
26.5.3.3 This shall apply to employees in positions assigned to work stations providing
weekend service and excluding employees normally assigned to a Monday through Friday
work schedule.
26.6 METHODS OF COMPENSATION FOR LEGAL
HOLIDAYS
26.6.1 The following provisions apply only to those employees both eligible for
employee benefits under Rule 22 and eligible for overtime under Rule 2, Section 2.10.2.
26.6.2 Eligible, but less -than -full-time employees shall be compensated for Legal
Holidays in the same manner as full-time employees, except:
26.6.2.1 The compensation for those who actually worked the Holiday in question but
who worked less than a full shift, shall be based on the hours actually worked.
26.6.2.2 The compensation for those who did not work the Holiday in question shall be
based on their pro -ration for employee benefits of the previous pay period. (The ratio
between the hours actually worked in the previous pay period and a full eighty hour pay
period.)
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26.6.3 Situations
REVISED VERSION
26.6.3.1 Employees normally scheduled to work on the day in question, but who do not
because they have been granted the day off with pay because it is a Legal Holiday:
26.6.3.1.1 Shall be paid at their regular rate for the day, just as if they had
worked.
26.6.3.2 Employees whose normal scheduled day off falls on the day in question,
because of the assigned shift, and who do not work the day shall be granted an extra
day's pay at the employee's regular rate.
26.6.3.3 Employees normally scheduled to work the day in question, but who would get it
off with pay because it is a Legal Holiday, but who are assigned to work the day in spite of
it being a Legal Holiday:
26.6.3.3.1 For the Legal Holiday the employee shall be granted:
• A day's pay at the employee's regular rate.
26.6.3.3.2 In addition, for the time actually worked on the Legal Holiday, the
employee shall be granted time and one-half in pay.
26.6.3.4 Employees whose normal day off falls on the day in question because of the
assigned shift, but who are assigned to and work the day in spite of it being a normal day
off and Legal Holiday:
26.6.3,4.1 For the Legal Holiday, the employee shall be granted a day and one
half in pay.
26.6.3.4.2 In addition, for the time actually worked on the Legal Holiday, the
employee shall be granted time and one-half in pay.
26.7 EFFECTS OF LEGAL HOLIDAYS ON OTHER
EMPLOYEE BENEFITS
26.7.1 Effect of Legal Holidays on Sick Leave Reserve
26.7.1.1 Legal Holidays falling within a period when an employee is on Sick Leave
Reserve shall be counted as the Legal Holiday off and shall not be deducted from the
employee's Sick Leave Reserve accumulation.
26.7.2 Effect of Legal Holidays on Annual Leave
26.7.2.1 Legal Holidays falling within a period when an employee is on Annual Leave,
shall be counted as the Legal Holiday off and shall not be deducted from the employee's
Annual Leave Accumulation.
26.7.3 Effect of Legal Holidays on Personal Leave
26.7.3.1 Legal Holidays failing within a period when an employee is on Personal Leave
shall be counted as the Legal Holiday off and shall not be deducted from the employee's
Personal Leave accumulation.
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Di-nft 03/28/19 REVISED VERSION
26.7.4 Effect of Legal Holidays on Leave of Absence
26.7.4.1 Employees on Leave of Absence Without Pay shall not receive Legal Holidays
off with pay and shall not accumulate equivalent time off with pay for such Legal Holidays.
An employee shall not receive pay for the Legal Holiday if they are on Leave of Absence
Without Pay the day before the Legal Holiday and/or the day after the Legal Holiday.
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Resolution #19091
April 18, 2019
Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted with
accompanying reports being accepted.
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted with
accompanying reports being accepted.
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 18, 2019,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 18th day of April, 2019.
Lisa Brown, Oakland County