Ordinance No. 20537 - Laserfiche WebLink

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4.582Sick Leave–Administrative Rules. The city manager shall adopt, and as necessary amend, rules in the manner prescribed in section 2.019 of this code to assist in the implementation of sections 4.570 through 4.584 of this code, including but not limited to: (1) Establishing conditions under which an employee may use sick leave; (2) Adopting definitions, including more detailed definitions of the words and phrases in section 4.574 of this code; (3) Identifying record-keeping protocols for purposes of section 4.584 of this code; (4) Establishing enforcement protocols for administrative civil penalties and private rights of action; (5) Defining an equivalent or better policy that would be deemed in compliance with this ordinance; (6) Providing a methodology for establishing when an employee whose employer is located outside the city, is considered to be working inside the city; (7) Adopting provisions to ensure that employers may establish and enforce reasonable policies for employees in order to maintain workplace productivity and prevent possible abuse; and (8) Establishing a grace period after July 1, 2015, during which time compliance will be sought through education rather than imposition of fines and penalties. 4.584Sick Leave–Enforcement. (1) The city manager may delegate authority to city staff, or may contract with the Oregon Bureau of Labor and Industries or another entity, to enforce sections 4.570 through 4.584 of this code. (2) If an employer complies with the recordkeeping protocols promulgated pursuant to section 4.582(3) of this code, and provides those records in response to a complaint of a violation of sections 4.576 or 4.578(1) of this code, then the burden shall be on the city or its agent to establish a violation of those provisions. If an employer chooses not to comply with those recordkeeping protocols, and a complaint is filed alleging that the employer has violated sections 4.576 or 4.578(1) of this code, then the burden shall be on the employer to demonstrate compliance with the requirements of those sections. (3) Subject to the administrative rules adopted pursuant to section 4.582 of this code, any employee claiming to be aggrieved by an employer's violation of sections 4.570 through 4.584 of this codeshall have a cause of action for damages and such other remedies as may be appropriate. (a)No employee may file a cause of action under this subsection until after the employee has first sought enforcement through subsection (1) of this section and completed whatever additional steps are required by the administrative rules referenced in this subsection (2). Ordinance -Page 4of 6