2020-110 Amendment to MOU SEIU Local 221 RESOLUTION 2020-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ENCINITAS AND SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU) LOCAL 221
WHEREAS, representatives for the City of Encinitas and SEIU Local 221 have met and
bargained in good faith regarding leave benefits; and
WHEREAS, the City of Encinitas and SEIU Local 221 have reached an agreement on
leave benefits which are incorporated in the Memorandum of Understanding between the City of
Encinitas and SEIU Local 221.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Encinitas that
the City Manager or designee(s) is hereby directed and authorized to execute the amendment
to the Memorandum Understanding between the City of Encinitas and SEIU Local 221 (Exhibit
A).
PASSED, APPROVED AND ADOPTED, this 16th day of December 2020 by the City
Council of the City of Encinitas, State of California.
Catherine S. Blakespear, Mayor
ATTEST:
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Kathy Holl wood, CIfy Clerk
APPROVED AS TO FORM
4 Y
Les i . Devaney, City Attor ey
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby
certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting
of the City Council on the 16th day of December 2020 by the following vote:
AYES: Blakespear, Hinze, Kranz, Mosca
NOES: None
ABSENT: Hubbard
ABSTAIN: None
Kathy Hollywood, City Clerk
Exhibit A
ARTICLE 17. Vacation
Section 17.1 Method
Full time regular employees shall accrue paid vacation time as follows:
Hours of Paid Biweekly Accrual Maximum
Years of Service Vacation Rate Accumulation
Hire — 5 years 104 hours 4.00 hours 500 hours
6 -10 years 128 hours 4.92 hours 500 hours
11 — 15 years 152 hours 5.85 hours 500 hours
16 + years 184 hours 7.08 hours 500 hours
Section 17.3 Maximum Accrual
An employee may not earn additional paid vacation leave after 500 annual accrual
hours have been earned and remains unused. However, the City Manager may grant
an employee the ability to accrue vacation leave above the specified limit for vacation
planned near the time an employee reaches the maximum accrual, or a planned
extended vacation, or if the employee's supervisor has denied a vacation request
because the workload of the employee has precluded use of accrued vacation. The
City Manager is not required to provide an explanation for denial of a request to accrue
vacation time in excess of the maximum accrual.
Section 17.9 Conversion of Vacation Time to Cash
A. Separation of employment. Upon separation from employment with the City, an
employee shall be entitled to cash out any vacation time balance remaining.
B. Emergency cash-out. An employee may request that all or a portion of their
vacation time balance be converted to cash. Such request shall be limited to
unexpected and immediate financial hardship or the onset of a debilitating physical
condition, where the employee is no longer able to perform duties of their position
and must be approved by the City Manager.
C. Annual cash payment. Up to four (4) times each calendar year, during the first pay
period of any quarter, an employee may request cash payment at the employee's
hourly base rate of pay for accrued vacation time. The total amount of accrued
vacation time that an employee may cash out in this manner shall not exceed
eighty 80 hours in any calendar year.
D. Annual irrevocable election. To comply with IRS regulations, the annual cash
payment contains two key limitations on the option to cash out vacation time.
Beginning in December 2019 and each December thereafter:
Exhibit A
(1) Any employee wishing to cash out leave must make an irrevocable
election to cash out vacation time in December of the prior calendar year
in which the leave is cashed out.
(2) Only leave accrued during the year in which leave is cashed out is
available to convert to cash.
All remaining elected leave shall be automatically cashed out during the last pay
period of each calendar year. The City will provide a form to make the election.
For example, employees who want to cash out compensatory time and/or vacation
time they may earn in 2020 shall provide Payroll an irrevocable election no later
than December 31, 2019.
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