HomeMy WebLinkAboutOrdinance No. 20537
COUNCIL ORDINANCENO. 20537
COUNCIL BILL 5127
AN ORDINANCE CONCERNING SICK LEAVE; ADDING
SECTIONS 4.570 THROUGH 4.584 TO THE EUGENE
CODE, 1971; AMENDING SECTION 4.996 OF THAT
CODE; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ADOPTED:July 28, 2014
SIGNED:July 29, 2014
PASSED:5:3
REJECTED:
OPPOSED:Clark, Poling, Pryor
ABSENT:
EFFECTIVE: August 29, 2014, except that the
provisions of EC 4.576 through 4.580 become
effective on July 1, 2015
ORDINANCE NO. 20537
AN ORDINANCE CONCERNING SICK LEAVE; ADDING SECTIONS
4.570 THROUGH 4.584 TO THE EUGENE CODE, 1971; AMENDING
SECTION 4.996 OF THAT CODE; ADOPTING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Sections 4.570 through 4.584 of the Eugene Code, 1971, are added to
provide as follows:
SICK LEAVE
4.570Sick Leave-Purpose.
The purposes of sections 4.570 through 4.584 of
this code are: (a) to promote a sustainable, healthy and productive
workforce and school population by establishing minimum standards for sick
leave for employers engaged in business inside the city; and (b)to ensure
that all persons working inside the city will have the right to earn and use
paid sick leave. When employers fail to provide sick days, employees who
are ill must choose between coming to work sick, which could spread
illnesses to co-workers and customers, or staying home and losing the
income possibly needed for rent, food, clothes or utilities. Similarly, parents
must choose between sending their sick children to school, which could
infect other children and teachers, or staying home and losing income
possibly needed to survive. Allowing employees to earn and take sick leave
will maintain a healthier workforce and school population.
4.572Sick Leave –Applicability.
(1)
The provisions of sections 4.570 through 4.584 of this code apply to
employers engaged in business inside the city but only to the extent
that employees are working in or scheduled to work inside the city.
(2)
Notwithstanding subsection (1) of this section, the provisions of
sections 4.570 through 4.584 of this code do not apply to:
(a)The United States Government;
(b)The State of Oregon, including any office, department, agency,
authority, institution, association, society or other body of the
state, including the legislature and the judiciary;
(c)Any unit of local government as that term is defined by ORS
190.003, except for the City of Eugene, including any county, city,
district, authority, public corporation, municipal utility or other
public entity; or
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(d)Employees in the building and construction industry whose terms
andconditionsof employment are covered by a collective
bargaining agreement.
4.574Sick Leave –Definitions.
For purposes of sections 4.570 through 4.584 of
this code, the following words and phrases shall mean:
(1)Employee.
An individual who renders personal services to an
employer where the employer either pays or agrees to pay for the
personal services. “Employee” includes home care workers as defined
by ORS 410.600(8).
(2)Employer.
The same as that term is defined in ORS 653.010(3).
(3)Family member.
The same as that term is defined in ORS
659A.150(4) and includes domestic partners as defined under ORS
106.310.
(4)Inside the city.
A physical location inside the geographic boundaries
of the City of Eugene.
(5)Paid time off.
A bank of time, including time accrued in regular
increments according to an established formula, provided by an
employer to an employee, that the employee can use to take paid time
off from work for any purpose, including the purposes covered by
sections 4.570 through 4.584 of this code.
(6)Sick leave.
Paid time off that has been accrued and may be used by
an employee under sections 4.570 through 4.584 of this code.
4.576Sick Leave–Accrual of Sick Leave.
(1)
Except as otherwise provided in sections 4.570 through 4.584 of this
code, an employee shall earn a minimum of one hour of sick leave for
every 30 hours of paid work performed inside the city.
(2)
Subject to subsection (1) of this section, employers shall allow
employees to accrue a maximum of 40 hours of sick leave in a year,
unless the employer chooses to allow greater accrual.
(3)
Sick leave accrued by an employee that is not used in a year may be
used by the employee in the following year, except that employers are
not required to allow employees to use more than 40 hours of sick
leave in a year.
(4)
When an employee is separated from employment and rehired by the
same employer within six months of separation, previously unused sick
leave shall be reinstated.
(5)
Employees shall begin to accrue sick leave from an employer on July 1,
2015, or commencement of employment, whichever is later.
(6)
An employer with a sick leave or paid time off policy that provides the
employee with accrual of leave thatequals or exceeds the requirements
of this section is compliant with this section.
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4.578Sick Leave –Use of Sick Leave.
(1)
Unless an employer allows use at an earlier time, an employee
becomes eligible to use sick leave only after:
(a)The employee has been employed by the employer for 90 days;
and
(b)If the employer does not have a physical location inside the city,
the employee has performed work inside the city for that employer
totaling at least 240 hours in a year. Once an employee becomes
eligible to use sick leave, the employee remains eligible regardless
of the number of hours worked for thatemployer in subsequent
years.
(2)
An employee may use sick leave for the following qualifying absences:
(a)Diagnosis, care or treatment of the employee or the employee's
family member's mental or physical illness, injury, or health
condition, including preventive medical care;
(b)One or more of the purposes set out in ORS 659A.272 related to
domestic violence, harassment, sexual assault or stalking; and
(c)Any other reason listed in the administrative rules adopted
pursuant to section 4.582 of this code.
(3)
An employee may use sick leave only during times that the employee is
scheduled to perform work inside the city.
(4)Shift Trading.
(a)An employer may not require an employee to find a replacement
worker for his or her shift as a condition for the employee's use of
sick leave, nor work an alternative shift in lieu of using accrued
sick leave.
(b)If the employer allows shift trading, and if an appropriate shift is
available, an employee may choose to work additional hours or
shifts without using available sick leave for the missed hours or
shifts.
(5)
Nothing in sections 4.570 through 4.584 of this coderequires an
employer to compensate an employee for accrued unused sick leave
upon the employee’s termination, resignation, retirement, or other
separation from employment.
(6)
An employer with a sick leave or paid time off policy that provides the
employee with use of leave that equals or exceeds the requirements of
this section is compliant with this section.
4.580Sick Leave–Exercise of Rights Protected; Retaliation Prohibited.
(1)
It shall be unlawful for an employer to interfere with the exercise of any
right protected under sections 4.570 through 4.584 of this code.
(2)
An employer shall not take retaliatory action or discriminate against an
employee because the employee has exercised rights protected under
sections 4.570 through 4.584 of this code.
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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).
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(b)The court may grant such relief as it deems appropriate.
Section 2.
Subsection (7) of Section 4.996 of the Eugene Code, 1971, is
amended to provide as follows:
4.996Administrative Civil Penalty
.
(7)
In addition to, and not in lieu of any other enforcement mechanism
authorized by this code the city manager or designee may impose upon
the person responsible for violation of sections 4.083 through 4.084,
section 4.335, section 4.340,section 4.430 and sections 4.570 through
4.584 of this code,and violations of administrative rules adopted under
sections 4.570 through 4.584 of this code,an administrative civil
penalty as provided by section 2.018 of this code.
Section 3.
The City Manager shall adopt the administrative rules required by
Section 4.582 of the Eugene Code, 1971 (“EC”) not later than January 31, 2015. In
addition to other requirements imposed by EC 2.019 for administrative rule-making, as
part of this initial administrative rule adoption process, the City Manager shall consider
at a minimum: (a) the Sick Leave Task Force report dated June 18, 2014; (b) similar
ordinances adopted by other cities; and (c) input from a broad array of stakeholder
perspectives including representatives of the business community, labor organizations
and other workers, and advocates (both supporters and opponents). In addition, the
city manager shall provide the Council with bi-weekly updates on the development of
the administrative rules and a draft of the proposed rules for comment before adoption.
Section 4.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
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