2016-4048 Ordinance ORDINANCE NO. 2016-4048
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE
NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ORDINANCE,
BY AMENDING THE PROVISIONS IN SECTION 12, ENTITLED
"OTHER LEAVES WITH COMPENSATION," TO PROVIDE FOR
PAID PARENTAL LEAVE; AND, BY AMENDING THE
PROVISIONS IN SECTION 16, ENTITLED "COLLECTIVE
BARGAINING CONTINGENCY," TO PROVIDE PAID PARENTAL
LEAVE BENEFITS SUBJECT TO COLLECTIVE BARGAINING
AND UNION APPROVAL FOR EMPOYEES IN CLASSIFICATIONS
GOVERNED BY UNION CONTRACTS; PROVIDING FOR
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 12 of Classified Leave Ordinance No. 1335, as amended, shall be
amended to read as follows:
12. Other leaves with compensation.
a) With the approval of the city council, other leaves of absence with pay may be
granted by the city manager in addition to regularly allowed leave when such is
recommended by the appointing officer for the purpose of promoting efficiency or
other good causes.
b) All employees, after six months of continuous service with the city, will be entitled
to use one day of bereavement leave upon the death of a member of their
immediate family effective with the first pay period in 1975. Bereavement leave
will increase to two days effective with the first pay period in 1976. Detailed
administrative regulations defining immediate family and procedures for using
bereavement leave will be issued prior to January 1, 1975.
(Ord. No. 74-2016, § 12, 12-11-1974)
c) All employees, after one year of continuous service with the city, will be entitled to
up to six weeks of paid parental leave for the purpose of caring for his or her
newborn, newly-adopted, or newly-placed foster child or children. This leave shall
apply equally to parents regardless of gender, as well as to same-sex couples, in
the event of a natural birth by any method, adoption, surrogacy, stillbirths, or
foster care placement in the employee's home.
The paid parental leave shall be up to six weeks in duration, and may be taken
by the day or week anytime during the first year after the birth, adoption, or foster
care placement of the child or children in the employee's home. The leave period
shall not exceed six weeks per birth, adoption. or foster care placement
regardless of the number of children born, adopted by the employee, or placed in
the employee's home through foster care.
During the leave period, the employee shall be paid 100 percent of his or her
base wages for the first two weeks, 75 percent of his or her base wages for the
following two weeks, and 50 percent of base wages for the remaining two weeks.
Employees shall be eligible to use any accrued leave in order to receive
compensation up to 100 percent of base pay during the weeks reimbursed at the
rates of 75 percent and 50 percent.
This leave shall occur concurrently with, count against, and not be added to
periods of unpaid or lob protected leave for which the employee may also be
eligible, including the federally-mandated 12 weeks of Family and Medical Leave
Act (FMLA) leave, and/or any other unpaid leave offered by the city due to
childbirth or adoption. The number of paid parental leave periods an employee
may take is unlimited over the duration of his or her employment with the city, but
employees are only eligible for one six-week paid leave per birth, adoption, or
foster care placement.
If both parents are city employees, each employee is entitled up to a six-week
leave period and they may take their parental leave period concurrently,
subsequently, or in any other combination they wish.
The Director of Human Resources for the city shall have full authority to issue
policies and procedures relative to paid parental leave benefits offered pursuant
to this Ordinance for any purposes including, but not limited to, notification
requirements for employees requesting leave, employee eligibility, and
documentation requirements for births, adoptions, and foster care placements.
The city's employee leave manual shall include provisions consistent with the
requirements of this subsection for paid parental leave.
16. Collective bargaining contingency.
As to employees in classifications governed by union contracts, implementation
of the measures hereby amended in sections 5, 11(c), 12(c), and this section, is
contingent upon the collective bargaining and approval by the unions to the extent
such approval is necessary. Should any inconsistencies exist between this chapter
and the union contracts, then the language of the union contracts shall supersede.
(Ord. No. 2007-3573, § 17, 10-17-2007)
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 079 day of OCkber , 2016.
PASSED AND ADOPTED this 19 day of Dc/o r , 2016.
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Philip Levine, 70(1,
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F:\ATTO\TURN\CLASSIFIED EMPLOYEE PAID PARENTAL LEAVE 2016\MIAMI BEACH.docx
Ordinances - R5 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
11:25 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED
EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN
SECTION 12, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO
PROVIDE FOR PAID PARENTAL LEAVE, AND, BY AMENDING THE
PROVISIONS IN SECTION 16, ENTITLED "COLLECTIVE BARGAINING
CONTINGENCY," TO PROVIDE PAID PARENTAL LEAVE BENEFITS SUBJECT
TO COLLECTIVE BARGAINING AND UNION APPROVAL FOR EMPLOYEES IN
CLASSIFICATIONS GOVERNED BY UNION CONTRACTS; PROVIDING FOR
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the City Commission approve the amendment to the Classified
Employees' Leave Ordinance No. 1335, Section 12 and Section 16.
ANALYSIS
BACKGROUND
It has been determined through surveying of various government entities that granting of paid
parental leave for its employees is becoming common. While no federal laws require us to
provide paid parental leave, it is a valuable benefit to our employees as well as to their families.
Additionally, implementing a paid parental leave policy is an attractive tool that is useful in
recruiting talented workers.
Workers oftentimes face tension in balancing their roles as parents and workers, especially if
there are adverse consequences for missing too much time from work due to the birth, adoption
or foster placement of a child. The Family Medical Leave Act ("FMLA") provides certain
employees with up to 12 weeks of unpaid, job-protected leave a year for serious health
conditions, or even bonding with a new child. Employees are eligible for FMLA leave if they have
worked for the City for at least 12 months, worked at least 1,250 hours or more during the 12-
month period immediately preceding the commencement date of leave, and had not taken 12-
weeks of FMLA leave within the same calendar year. A paid parental leave policy would be an
added benefit to those employees (women and men)who need that continued income following
the birth, adoption or foster placement of a child.
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ANALYSIS
If adopted, this Ordinance will provide paid parental leave to City workers, after one year of
continuous service with the City. Employees will be entitled to up to six weeks of paid parental
leave for the purpose of caring for his or her newborn, newly-adopted, or newly-placed foster
child or children. This leave shall apply equally to parents regardless of gender, as well as to
same-sex couples, in the event of natural birth by any method, adoption, surrogacy, stillbirths, or
foster care placement in the employee's home.
The paid parental leave shall be up to six weeks in duration, and may be taken by the day or
week anytime during the first year after the birth, adoption, or foster care intake of the child or
children. The leave period shall not exceed six weeks per birth, adoption, or foster care
placement regardless of the number of children born, adopted by the employee, or placed in
the employee's home through foster care.
During the leave period, the employee shall be paid 100 percent of his or her base wages for
the first two weeks, 75 percent of his or her base wages for the following two weeks, and 50
percent of base wages for the remaining two weeks. Employees shall be eligible to use any
accrued leave in order to receive compensation up to 100 percent of base pay during the
weeks reimbursed at the rates of 75 percent and 50 percent.
This leave shall occur concurrently with, count against, and not be added to periods of unpaid or
job protected leave for which the employee may also be eligible, including the federally-
mandated 12 weeks of Family and Medical Leave Act (FMLA) leave, and/or any other unpaid
leave offered by the City due to childbirth or adoption. The number of paid parental leave
periods an employee may take is unlimited over the duration of his or her employment with the
City, but employees are only eligible for one six-week paid leave per birth, adoption, or foster
care placement.
If both parents are City employees, each employee is entitled up to a six-week leave period and
they may take their parental leave period concurrently, subsequently, or in any other combination
they wish.
The Director of Human Resources for the City shall have full authority to issue policies and
procedures relative to paid parental leave benefits offered pursuant to this Ordinance for any
purpose, including, but not limited to, notification requirements for employees requesting leave,
employee eligibility, and documentation requirements for births, adoptions, and foster care
placements. The City's employee leave manual shall include provisions consistent with the
requirements of this subsection for paid parental leave.
CONCLUSION
On second reading, a minor amendment to the language in Section 12 and 16 is proposed to
clarify that there is only one leave period per birth, adoption, or foster care placement
regardless of the number of children born, adopted by the employee, or placed in the
employee's home through foster care.
The Administration recommends approving the proposed Ordinance amendment with the minor
Page 969 of 1614
additional proposed revision. -
FINANCIAL INFORMATION
After the first reading, leave history was gathered from our FMLA administrator, Unum, and is
included below to show the average number of maternity/paternity leaves for the 20-month
period between January 1, 2014 and August 31, 2016:
Average Average
Leave Reason -Actual Claimants Duration in Days Duration in Weeks
Pregnancy Related Only—3 52 7
Newborn Maternity Bonding Only— 1 30 4
Pregnancy plus Maternity Bonding — 20 77 11
Newborn Paternity Bonding — 149 21 3
Historically, leave usage is taken into account as part of the City's annual budget development
process. All City employees, with the exception of Fire personnel who work a 48-hour week, are
budgeted for 2,080 hours annually. Most City employees accumulate 96 hours of leave for sick
and 96 hours for vacation annually (IAFF Shift employees accumulate 144 hours of vacation and
96 hours of sick annually). So whether employees work or utilize their accrued leave, the funding
to pay that employee's salary is included in the budget. Additionally, there are some
departments that take into account both anticipated and unanticipated leave usage that occur
during the year to ensure City services are not interrupted by budgeting overtime or use of
temporary staffing. Generally, during extended employee's leave work may be distributed
among existing staff.
With the adoption of this Paid Parental Leave Ordinance, employees could have more accrued
leave available in the future, and therefore could potentially have higher separation payments
upon leaving the City. Upon implementation of this Paid Parental Leave policy, we can collect
data to revisit the financial impact, if any, that this leave policy will have on the City's budget.
Legislative Tracking
Human Resources
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
❑ Ordinance
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