HomeMy WebLinkAbout2022-08-16; City Council; ; Side Letter Agreements with the Carlsbad City Employees’ Association, and Carlsbad Firefighters’ Association, Inc. and Amendment to the Emergency Medical Technician EmploCA Review CKM
Meeting Date: Aug. 16, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Debbie Porter, Senior Human Resources Analyst
debbie.porter@carlsbadca.gov, 442-339-2441
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 442-339-2438
Subject: Side Letter Agreements with the Carlsbad City Employees’ Association,
and Carlsbad Firefighters’ Association, Inc. and Amendment to the
Emergency Medical Technician Employment, Compensation and Benefits
Plan for the Flexible Benefits Program
District: All
Recommended Actions
Adopt a resolution approving side letter agreements1 with the Carlsbad City Employees’
Association and Carlsbad Firefighters’ Association, Inc. and approving an amendment to the
Emergency Medical Technician Employment, Compensation and Benefits Plan for the Flexible
Benefits Program.
Executive Summary/Discussion
Proposed revisions
Staff recommend the following revisions to the memoranda of understanding with the Carlsbad
City Employees’ Association and with the Carlsbad Firefighters’ Association Inc. as well as to the
Emergency Medical Technician Employment, Compensation and Benefits Plan for
unrepresented employees:
Flexible Benefits Program
The city contribution toward health insurance for employees in these groups is currently
based on a formula for each medical insurance coverage level (i.e., employee, employee +
1, family). For those who choose to waive the city’s medical insurance coverage because
they are covered under another group plan, the city’s contribution is also based on a
formula and the resulting amount has historically fluctuated between approximately $300
and $500 per month.
1 A side letter agreement is an agreement that is not part of a primary contract or agreement that the parties can
use to amend the primary contract.
Aug. 16, 2022 Item #2 Page 1 of 41
To provide a stable and predictable cost for employees who waive health benefit credits,
staff recommend the city’s contribution be changed to $400 per month, effective Jan. 1,
2023.
A proposed resolution approving the side letters and the revised Emergency Medical
Technician Employment, Compensation and Benefits Plan is attached as Exhibit 1. These
revisions are incorporated into the side letters included as attachments A and B and into
the Emergency Medical Technician Employment, Compensation and Benefits Plan
included as Attachment C to Exhibit 1. Exhibits 2, 3 and 4 show the proposed revisions.
Options
Staff recommend the City Council approve the proposed revisions regarding waived health
benefit credits.
Not approving the proposed revisions would result in unpredictable costs for the credits paid to
employees who opt out of health coverage. Staff have identified no drawbacks from these
revisions.
Fiscal Analysis
No additional appropriations in fiscal year 2022-23 are being requested to fund the proposed
adjustments. Future fiscal year impacts will be incorporated into future operating budgets.
Using the current formula, the health benefit credits for employees in the groups mentioned
above who waive health coverage are estimated to be $346 per month as of Jan. 1, 2023. The
annual cost of the increase to these credits from $346 per month to $400 per month for these
employees is estimated to be $33,000. This amount is included in the adopted FY 2022-23
budget.
Next Steps
With the City Council’s approval, staff will implement the provisions of the side letters and the
Emergency Medical Technician Employment, Compensation and Benefits Plan as shown in
attachments A, B and C of Exhibit 1.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065. It has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. Revisions to Article 34 Health Insurance/Flexible Benefits Program of the Carlsbad City
Employees’ Association Memorandum of Understanding
3. Revisions to Article 15 Flexible Benefits Program of the Carlsbad Firefighters’ Association,
Inc. Memorandum of Understanding
Aug. 16, 2022 Item #2 Page 2 of 41
4.Revisions to Section 12 of the Emergency Medical Technician Employment, Compensation
and Benefits Plan
Aug. 16, 2022 Item #2 Page 3 of 41
RESOLUTION NO. 2022-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS WITH THE CARLSBAD
CITY EMPLOYEES' ASSOCIATION AND CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. AND APPROVING REVISIONS TO THE EMERGENCY
MEDICAL TECHNICIAN EMPLOYMENT, COMPENSATION AND BENEFITS
PLAN
WHEREAS, the City Council of the City of Carlsbad, California, has determined the need to switch
from a formula to a fixed dollar amount ($400 per month) to determine the city contribution towards
health insurance for those employees represented by the Carlsbad City Employees' Association and the
Carlsbad Firefighters' Association, Inc. and unrepresented Emergency Medical Technicians who waive
the city's medical insurance so that this benefit is stable and predictable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.The above recitations are true and correct.
2.The side letter agreement between the Carlsbad City Employees' Association and the
City of Carlsbad (Attachment A) is approved and the City Manager is authorized to
execute it on behalf of the city.
3.The side letter agreement between the Carlsbad Firefighters' Association, Inc. and the
City of Carlsbad (Attachment B) is approved and the City Manager is authorized to
execute it on behalf of the city.
4.The revised Emergency Medical Technician Employment, Compensation and Benefits
Plan (Attachment C) is approved and the City Manager is authorized to execute it on
behalf of the city.
Exhibit 1
Aug. 16, 2022 Item #2 Page 4 of 41
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of August, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
i2tL
� FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 16, 2022 Item #2 Page 5 of 41
SIDE LETTER AGREEMENT BETWEEN THE
THE CARLSBAD CITY EMPLOYEES’ ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO FLEXIBLE BENEFITS PROGRAM
The City of Carlsbad (hereinafter referred to as “city”) and the Carlsbad City Employees’ Association (hereinafter referred to as the “CCEA”) entered into a Memorandum of Understanding (“MOU”) with a term beginning on January 1, 2021 and terminating on December 31, 2022. The city and CCEA are collectively referred to herein as the “Parties.”
The Parties now enter into this Side Letter of Agreement (“Agreement”) as an amendment to
the MOU.
Background and Overview
This Agreement relates to modifications to the city’s flexible benefits program for employees.
The modifications identified below are designed to provide a stable and predictable benefit for
those CCEA members who choose to waive the city’s medical insurance coverage as opposed
to using the current formula which has resulted in a fluctuating (up and down) benefit.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”).
Based on the above, the city has proposed and the CCEA has agreed to modify Article 34 of
the CCEA MOU to state the following:
Article 34 Health Insurance/Flexible Benefits Program
Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs).
Each of these components is outlined below.
A. Medical InsuranceA1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health
Program. The City will pay on behalf of all employees covered by this agreement and
their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement System (CalPERS).
If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. The City will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health
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Attachment A
Aug. 16, 2022 Item #2 Page 6 of 41
Program, 2) contribution of some or all of the premium for dental coverage or vision
coverage and 3) contributions in the name of the employee to the City’s flexible spending
account(s).
A2. Effective the pay period that includes January 1, 2021 and January 1, 2022, the City monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average
health (medical, dental and vision) premium for Employee, Employee + 1 and Family
coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Effective the pay period that includes December 31, 2022, the City monthly Benefits
Credits will change for each coverage level. The monthly Benefits Credits will be set to
a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2023.
A3. Unused Benefits Credits as outlined above will be paid to the employee in cash and
reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA), instead of receiving taxable cash.
A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits.
B.Dental Insurance
Represented employees will be eligible to enroll in or waive enrollment in a City-sponsored dental plan at any coverage level.
C.Vision Insurance
Represented employees will be eligible to enroll in or waive enrollment in a City-
sponsored vision insurance plan at any coverage level.
D.RetireesEach retired employee who was a member of this bargaining unit is eligible to be covered
by the Public Employees’ Medical and Hospital Care Act and is eligible to participate in
the California Public Employees’ Retirement System (CalPERS) Health Program.Represented employees who retire from the City, either service or disability, shall beeligible to continue their enrollment in the CalPERS Health Program when they retire,provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan atthe time of separation from employment and their effective date of retirement is within
120 days of separation. The City will contribute the minimum amount per monthrequired under Government Code Section 22892 of the PEMHCA toward the cost of eachretiree’s enrollment in the CalPERS Health Program.
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Aug. 16, 2022 Item #2 Page 7 of 41
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E.
Employees who retire from the City, either service or disability, shall be eligible to elect,
upon retirement, to pa1ticipate in the City's dental and/or vision insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
dependents shall be borne solely by the retiree. An individual who does not choose
coverage upon retirement, or who chooses coverage and later drops it is not eligible to
return to the City's dental and vision insurance program.
The City will invoice the retiree for hi s/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
Waiver Provision
CCEA represented employees who do not wish to participate in the CalPERS Health
Program will have the choice of waiving the City's medical insurance program, provided
they can show that they are covered under another group insurance program.
The dollar amount paid by the City for employees who elect the waiver provision will
change in the first pay period of calendar year 2021, 2022 and in the pay period that
includes December 31 , 2022. In the first pay period of calendar years 2021 and 2022, the
Benefits Credits associated with waiving medical coverage will be set equal to 50% of
the Benefits Credits associated with Employee medical coverage. If this results in a
situation where the unused benefit credits associated with any medical plan exceed the
benefit credits associated with waiving medical coverage, the benefit credits associated
with waiving medical coverage will be set equal to one dollar ($1) above the unused
benefit credits associated with that medical plan. Effective the pay period that includes
December 31, 2022, the Benefits Credits associated with waiving medical coverage will
be set equal to $400 per month.
Unused Benefits Credits as outlined above will be paid to the employee in cash and
reported as taxable income.
Date: 7/14/2022
Date: l~t:,2Z_
Aug. 16,2022
TURCHIANO, PRESIDENT, CARLSBAD CITY
E S' SOCIATION
SCOT ~~ CK, CITY MANAGER,
CITY OF CARLSBAD
Approved as to form, CITY ATTORNEY
Item #2 Page 8 of 41
SIDE LETTER AGREEMENT BETWEEN THE
THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. AND THE CITY OF CARLSBAD RELATING TO FLEXIBLE BENEFITS PROGRAM
The City of Carlsbad (hereinafter referred to as “city”) and the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as the “CFA”) entered into a Memorandum of Understanding (“MOU”) with a term beginning on January 1, 2020 and terminating on December 31, 2022. The city and CFA are collectively referred to herein as the “Parties.” The
Parties now enter into this Side Letter of Agreement (“Agreement”) as an amendment to the
MOU.
Background and Overview
This Agreement relates to modifications to the city’s flexible benefits program for employees.
The modifications identified below are designed to provide a stable and predictable benefit for
those CFA members who choose to waive the city’s medical insurance coverage as opposed to
using the current formula which has resulted in a fluctuating (up and down) benefit.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”).
Based on the above, the city has proposed and the CFA has agreed to modify Article 15 of the
CFA MOU to state the following:
ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and
dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these
components is outlined below.
A.Benefits Credits and Medical Insurance
During the term of this Agreement, represented employees will be covered by the Public
Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement
System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS.
Attachment B
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Aug. 16, 2022 Item #2 Page 9 of 41
The city shall contribute monthly amounts (called Benefits Credits) on behalf of each
active employee and eligible dependents toward the payment of medical premiums under
the CalPERS health program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.
Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show that they are covered under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal
to 50% of the benefit credits associated with Employee Only medical coverage level. If
this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Effective the pay
period that includes December 31, 2022, the Benefits Credits associated with waiving
medical coverage will be set equal to $400 per month. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using
any “excess credits” to purchase city-sponsored dental insurance, vision insurance,
accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income.
The Benefits Credits for calendar year 2020 shall increase as shown in the table below.
Medical Coverage Level
Prior Monthly Benefits Credits
2020 Monthly Benefits Credits
Monthly Increase
Employee $577.00 $609.00 $32.00
Employee + 1 $1,158.00 $1,216.00 $58.00
Family $1,528.00 $1,607.00 $79.00
Waive Medical $416.68 $477.64 $60.96
To provide CFA represented employees with the value of the increase in 2020 Benefits
Credits retroactive to the first full pay period in 2020, with the payroll for the first full
pay period after ratification of this Memorandum by the City Council, the city shall make
a one-time taxable (non-PERSable) cash payment equal to the increase in benefits credits
for CFA members employed by the city on that date. The increase in Benefits Credits
shall be given to each employee based on the employee’s medical coverage level in the
pay period in which the cash amount is paid and pro-rated based on the employee’s
benefit-eligibility date (i.e., the date they became eligible for city benefits).
Effective the pay periods that include January 1, 2021 and January 1, 2022 and December 31, 2022 the city monthly benefit credits associated with each medical coverage level will
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Aug. 16, 2022 Item #2 Page 10 of 41
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be set to dollar amounts that equate to 80% of the average health (medical, dental and
vision) premium fo r Employee, Employee Plus One and Family coverage levels, rounded
to the nearest whole dollar based on the premiums that will take effect on January I of the
respective calendar year.
B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment {AD&D)
Insurance
Employees may choose to enro ll in or opt out of the city-sponsored dental, vision or AD&D
insurance plans at any coverage level.
C. Retirees
Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the Cal iforn ia
Public Employees' Retirement System (CalP ERS) Health Program. Represented
employees who retire from the city, either service or disability, shall be eligible to continue
their enrollment in the CalPERS Health Program when they retire, provided that the
individual is enrolled or eligible to enroll in a Ca!PERS medical plan at the time of
separati on from employment and their effecti ve date of retirement is within 120 days of
separation. The city wil l contri bute the minimum amount per month required under
Government Code Section 22892 of the PEMHCA toward the cost of each retiree's
enrollment in the CalPERS Health Program.
Employees who retire from the city, either service or disability, shall be eligible to elect,
upon retirement, to participate in the city's dental and/or vi sion insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
dependents shall be borne solely by the retiree. An individual who does not choose
continued coverage upon retirement, or who chooses coverage and later drops it, is not
eligible to return to the city's dental and vision insurance programs.
The city will invoice the retiree fo r his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure conti nued coverage.
Date: 7/19/2022
Date:
Aug. 16,2022
MES, PRESIDENT, CARLSBAD FIREFIGHTERS'
ION, INC.
SC HADWICK, ClTY MANAGER,
CITY OF CARLSBAD
wida ~ ~
Approved as to form , CITY A TIORNEY
Item #2 Page 11 of 41
Attachment C
1
EMERGENCY MEDICAL TECHNICIAN (EMT) EMPLOYMENT, COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Introduction Page 2
Section 1 Duties Page 2 Section 2 Termination/Resignation Page 3 Section 3 Reemployment Page 3 Section 4 Salary Page 3
Section 5 Work Schedule/Overtime Page 4
Section 6 Assignment as Paramedic/Firefighter Trainee Page 5 Section 7 Bereavement Page 5 Section 8 Short-Term and Long Term Disability Insurance Page 5 Section 9 Annual Vacation Leave Page 6
Section 10 Sick Leave Page 8
Section 11 Bilingual Pay Page 9 Section 12 Flexible Benefits Program Page 9 Section 13 Holidays Page 11 Section 14 Retirement Benefits Page 11
Section 15 Americans With Disabilities Act and Other
Fair Employment Laws Page 12 Section 16 Family Leave Acts Page 12 Section 17 Alcohol and Drug Policy Page 13 Section 18 Paramedic License Pay Page 17
Section 19 Reporting Value of Uniforms to CalPERS Page 17
Section 20 Deferred Compensation Page 17 Section 21 Leave of Absence Page 17 Section 22 Military Leave Page 21 Section 23 Jury Duty Page 21
Section 24 Life/Accidental Death & Dismemberment
Insurance and Voluntary Benefits Page 21 Section 25 Wellness Page 22 Section 26 Paid Family Leave Page 22 Section 27 Defense and Indemnification Page 22
Aug. 16, 2022 Item #2 Page 12 of 41
Attachment C
2
INTRODUCTION In order to better provide for the health, safety and welfare of the citizens of Carlsbad, the City of
Carlsbad provides detailed control over the daily operations of the city's emergency transport
operations, including in-house deployment of ambulances, ownership and control over equipment and supplies, and supervision and control over employee selection and assignments. Employee compensation and benefits, conditions of employment, and working conditions of the
Emergency Medical Technician (EMT) are described in this document and shall be governed by
the city. Assignment to full-time EMT status will be based on a competitive process determined by the city to include an interview with the Fire Chief or designee.
An EMT is not part of the classified service and does not belong to, and is not part of, any recognized bargaining unit in the City of Carlsbad. An EMT may not administratively appeal, grieve or protest any condition of employment pursuant to the City of Carlsbad Municipal Code and/or Personnel Rules.
Throughout this document, any reference to the Fire Chief or designee is understood to mean authorization from the City Manager who delegates authority to the Fire Chief or designee to implement the provisions of this document.
SECTION 1. DUTIES
A. An EMT must possess the minimum qualifications and will perform the functions and duties set forth in the Emergency Medical Technician Class Specification (incorporated by reference), and will perform all other legally permissible duties and functions as the city shall from time to
time assign.
The work schedule may involve twenty-four (24) hour shifts or other shifts as determined by the city.
An EMT shall not be considered a firefighter or public safety employee. An EMT shall not perform duties including fire prevention, fire suppression, technical rescue, or the staffing of fire suppression apparatus.
An EMT shall devote full attention and effort to the tasks and duties set forth in the class specification and perform the mentioned duties and tasks in a professional manner. B. The city will:
(1) Administer various examinations, background checks, and/or other pre-employment screening to determine whether the EMT is an appropriate candidate for employment as an EMT for the city;
(2) Provide the EMT with any uniforms, tools and equipment as the city deems appropriate;
Aug. 16, 2022 Item #2 Page 13 of 41
Attachment C
3
(3) Provide the EMT such training and instruction as the city deems appropriate;
(4) Pay the EMT earned wages during the period the EMT is employed by the city;
(5) Staff ambulances with at least one additional EMT or Paramedic as directed by the Fire Chief or designee; and
(6) Provide adequate dormitory and kitchen facilities for the EMT. SECTION 2. TERMINATION/RESIGNATION An EMT is an at-will employee of the city and as such, an EMT may be terminated at any time
at the city’s discretion without any right of the EMT to appeal the decision. The at-will
employment relationship may not be modified by any oral or implied agreement or by any person, statement, act, series of events, or pattern of conduct. Nothing in this document shall prevent, limit or otherwise interfere with the city’s discretion to terminate the employment of the EMT at any time.
In the event an EMT voluntarily resigns, the city requests the EMT give the city written notice at least 30 days prior to the last workday. It is understood that after notice of termination in any form, the EMT and city will cooperate to provide for an orderly transition. An EMT that is assigned to a full-time position may resign the full-time position and request reassignment to a
part-time status.
SECTION 3. REEMPLOYMENT A. An EMT who has resigned may be reemployed to either a part-time or a full-time EMT
position, if vacant, within one year of the effective date of resignation. Reemployment to a full-
time EMT position will be based on availability of a vacant full-time position and a competitive process determined by the city to include an interview with the Fire Chief or designee. B. If a former EMT seeks reemployment as an EMT after a period greater than one year after
resignation, the city's recruitment process for the EMT position must be utilized to gain
employment. C. If a former EMT is reemployed, upon reemployment, the EMT shall resume the same vacation accrual rate that the EMT had at the time of separation.
SECTION 4. SALARY The salary range for an EMT is set forth in the Non-Management Unclassified Salary Range Schedule (incorporated by reference). An EMT may be paid anywhere in the salary range, as
determined by the city. An EMT may be advanced in the salary range regardless of the length of
time served at the EMT’s present pay rate. This advancement requires the written recommendation of the Fire Chief or designee and requires the approval of the City Manager or designee.
Aug. 16, 2022 Item #2 Page 14 of 41
Attachment C
4
Periodically the Human Resources Department will bring forth salary range adjustment recommendations to the City Council that are based on market and economic conditions. If, as a
result of a salary range adjustment, an EMT’s base pay falls below the minimum of the salary
range, the EMT’s base pay will be increased to the new range minimum as of the date the City Council approves the salary range adjustment. SECTION 5. WORK SCHEDULE/OVERTIME
A. The city may establish a work period for each EMT. Such schedule will comply with requirements of the Fair Labor Standards Act (FLSA) and any other federal or state employment laws and/or regulations. To the extent required by federal and state labor laws and/or regulations, the city will provide an EMT overtime based upon a 40-hour FLSA work week from Monday at
12:00 a.m. to Sunday at 11:59 p.m.
B. An EMT will be usually be scheduled for a 56-hour schedule to coincide with the fire suppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensation for all work in excess of 40 hours in any one work week (unless otherwise required by law).
C. The Fire Chief or designee may establish reasonable regulations regarding hours worked, daylight savings time, lost time, general leave, shift exchanges, etc. These regulations may be modified and/or updated from time to time at the sole discretion of the Fire Chief or designee in accordance with federal, state, and/or local laws governing employment.
D. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for emergency call-back), and time spent conducting bona fide volunteer activities.
In addition, any employee required to perform work in excess of an employee’s normal scheduled shift shall receive overtime compensation. For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA.
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
E. Employees shall be subject to having their daily work schedule changed at the sole discretion of the city. Such changes include, without limitation: (1) number of days/hours to be worked on a daily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned
shifts.
Aug. 16, 2022 Item #2 Page 15 of 41
Attachment C
5
SECTION 6. ASSIGNMENT AS PARAMEDIC/FIREFIGHTER TRAINEE
The Fire Department may identify one EMT per calendar year to be assigned to the position of
Paramedic/Firefighter (PM/FF) Trainee. Selection for this assignment will be based on a competitive application and selection process upon completion of all department requirements for eligibility. This position will report to an assigned training program for Firefighter I academy training and/or Paramedic training. Upon successful completion of all requirements for the
position of Paramedic/Firefighter, the EMT may be eligible for promotion to the position of
Paramedic/Firefighter upon successful completion of a Carlsbad Physical Abilities test and interview process with the Fire Chief or designee. The EMT position will be held for the employee assigned as a PM/FF Trainee. If the EMT is unsuccessful in the assigned training program(s), the EMT will return to the EMT position. The EMT may repeat the application and
selection process for Paramedic/Firefighter Trainee at a later date.
SECTION 7. BEREAVEMENT LEAVE
In the event of the death of an EMT’s immediate family member, the employee may take up to
three shifts of paid time off for bereavement. Bereavement leave must be taken within one year of the event. Additional time off may be authorized by the Fire Chief or designee and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay.
“Immediate family” includes a spouse, domestic partner, child, grandchild, member of immediate
household, sibling, parent, or grandparent, whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the EMT, or any person for whom the EMT has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in
loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a
legal guardian. The EMT may be required to submit proof of the family member’s death before being granted bereavement leave.
SECTION 8. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability
The city will provide EMTs with city-paid short-term disability insurance via an insurance
provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the EMT’s pre-disability base salary, up to a maximum base salary of $150,000.
Long-Term Disability
The city will provide EMTs with city-paid long-term disability insurance. This insurance shall provide for a 90 calendar day waiting period prior to payment eligibility and the long-term disability benefits shall be provided at 66 2/3% of the EMT’s pre-disability base salary, up to a maximum base salary of $150,000.
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Use of Accrued Paid Time Off While Receiving Disability Benefits The EMT shall use the EMT’s accrued paid time off (e.g., vacation, sick leave) during the
disability insurance waiting period. The EMT shall combine allowable types of accrued paid
time off with short-term and long-term disability payments for the purpose of achieving the equivalent of the EMT’s base salary while receiving the disability payments. Refer to the disability plan documents for information on which types of accrued paid time off may be combined with disability payments.
SECTION 9. ANNUAL VACATION LEAVE A. Basis of Accrual The annual vacation leave accrual schedule will be:
Less than 3 full calendar years of continuous service -13 minutes/day 3 through 4.99 full calendar years of continuous service -16 minutes/day 5 through 9.99 full calendar years of continuous service -20 minutes/day 10 through 10.99 full calendar years of continuous service -21 minutes/day
11 through 11.99 full calendar years of continuous service -22 minutes/day
12 through 12.99 full calendar years of continuous service -24 minutes/day 13 through 14.99 full calendar years of continuous service -25 minutes/day 15 or more full calendar years of continuous service -26 minutes/day
Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute
increments. B. Vacation Accrual Maximum An EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour
maximum.
If there are unusual circumstances that would require an EMT to exceed the vacation accrual maximum, the EMT must submit a request in writing to the Fire Chief or designee and the City Manager. The Fire Chief or designee and the City Manager may grant such a
request if it is in the best interest of the city. Requests will be handled on a case-by-case
basis and will be considered only in extreme circumstances. C. Vacation Conversion
1) An EMT is eligible to submit an irrevocable request to elect to cash out up to 80
hours of accrued vacation hours for the following calendar year. 2) An EMT may convert accrued vacation to cash in the year following the election by completing a form between November 10 and December 10 of each year.
Elections will not carry over from one calendar year to the next calendar year.
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3) Only vacation hours accrued during the calendar year following the election may be cashed out. If the EMT accrues less than the election amount, the EMT may
cash out no more than the total vacation accrual in the following calendar year.
4) The EMT’s accrued vacation to convert to cash will be credited first to the cash out account with the EMT’s earned vacation leave until the EMT’s full election amount is reached. The vacation hours designated to the cash out account will not
be credited toward the EMT’s maximum vacation accrual. During this period of
time, no earned vacation leave will be credited to the EMT’s vacation time off balance. 5) Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the EMT has accrued all the elected vacation hours by June 30,
in which case payment of the elected vacation hours may be cashed out in July at the EMT’s request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If an EMT does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the
total number of vacation hours the EMT actually accrues in the calendar year and
the payout will be made no later than the last pay date in the calendar year. 6) The vacation payment amount will be based on the EMT’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all
applicable withholding amounts and payroll deductions.
7) If the EMT does not elect to cash out vacation by December 10, they waive their right to do so and will not be allowed to cash out any vacation accruing in the following year.
D. Effect of Leave of Absence on Accrual of Vacation Leave See Section 21 for the effect of an extended leave of absence on vacation accrual.
E. Compensation for City Work During Vacation Prohibited
An EMT shall not be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the EMT’s paid vacation leave from city service. This clause shall not limit the city’s right to recall the
EMT from vacation in the event of an emergency and place the EMT on regular pay status.
F. Scheduling Vacations An EMT may take annual vacation leave at any time during the year, contingent upon
determination by the EMT’s Department Head that such absence will not materially affect
the department. The EMT must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in the city’s timekeeping system per the Department Directive. When a family emergency arises which necessitates the use of
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vacation time, the EMT shall provide as much advance notice as possible considering the particular circumstances.
G. Terminal Vacation Pay The dollar value of an EMT’s accrued vacation balance as of the EMT’s last day on payroll shall be paid to the EMT upon separation of employment at the EMT’s base rate
of pay at separation. When separation is caused by the death of the EMT, payment shall
be made to the estate of the EMT or, in applicable cases, as provided in the California Probate Code. SECTION 10. SICK LEAVE
An EMT shall accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. A. Use of Sick Leave
Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes: 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for,
an EMT or an EMT’s immediate family member. “Immediate family members” means
the same for this Section as it does for Section 7 – Bereavement Leave. 2. If the EMT is a victim of domestic violence, sexual assault, or stalking, for the purposes described in California Labor Code Sections 230(c) and 230.1(a), including obtaining relief (e.g., a restraining order), to obtain domestic violence services, or to seek medical
or mental health treatment.
The EMT may request to use paid sick leave either orally or in writing using the city’s electronic scheduling system. If the need for paid sick leave is foreseeable, the EMT shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the EMT shall
provide notice of the need for the leave as soon as practicable.
If an EMT separates from the city and is rehired by the city within one year from the date of separation, the EMT’s previously accrued and unused sick leave shall be reinstated.
B. Timekeeping
The EMT must account for all sick leave hours requested via the city’s timekeeping system. C. Effect of Leave of Absence
See Section 21 for the effect of an extended leave of absence on sick leave accrual.
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D. Sick Leave Conversion
If an EMT has accrued and maintains a minimum of 160 hours of sick leave shall be
permitted to convert up to 120 hours of accumulated uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. will not be allowed to convert sick leave to vacation if such conversion would put them over the
vacation accrual maximum.
SECTION 11. BILINGUAL PAY The city will provide additional compensation to an EMT, designated by the Human Resources
Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The
determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, an EMT must pass a bilingual proficiency test
as determined by the city in the foreign language or American Sign Language (ASL).
SECTION 12. FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance,
dental insurance, vision insurance, accidental death and dismemberment insurance
(AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. Benefits Credits and Medical Insurance
EMTs will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of EMTs and eligible dependents and those retirees designated in this Section, the minimum amount per
month required under California Government Code Section 22892 for medical insurance
through CalPERS. If electing to enroll for medical benefits, an EMT must select one medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of EMTs
and eligible dependents toward the payment of medical premiums under the CalPERS
health program. The city contribution shall be based on an EMT’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the EMT will pay the difference.
Waiver Provision: If an EMT does not wish to participate in the CalPERS Health
Program, the EMT will have the choice of waiving the city’s medical insurance program, provided the EMT can show proof of coverage under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal to 50% of
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the benefit credits associated with the Employee Only medical coverage level. If this results in a situation where the unused benefit credits associated with any medical plan
exceed the benefit credits associated with waiving medical coverage, the benefit credits
associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Effective the pay period that includes December 31, 2022, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month.
Excess and Unused Benefits Credits: If the Benefits Credits exceed the cost of the medical insurance purchased by the EMT, the EMT will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to
the EMT in cash and reported as taxable income and included in premium pay in accordance with the FLSA. Effective January 1 of each calendar year, the city monthly benefit credits associated with
each medical coverage level will be set to dollar amounts that equate to 80% of the average
health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
Insurance EMTs may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level.
Retirees
If an EMT retires from the city, the EMT is covered by the PEMHCA and is eligible to participate in the CalPERS Health Program. EMTs who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in a CalPERS medical
plan at the time of separation from employment and their effective date of retirement is
within 120 days of separation. The city will contribute the minimum amount per month required under California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program.
EMTs who retire from the city, either service or disability, shall be eligible to elect, upon
retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the
city’s dental and vision insurance programs.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
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SECTION 13. HOLIDAYS
The city shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department: New Year’s Day Martin Luther King Jr.’s Birthday
President’s Birthday
Memorial Day Independence Day Labor Day Columbus Day
Veterans Day
Thanksgiving Thanksgiving Friday Christmas Day
While on a 24-hour shift, EMTs shall be compensated for an additional twelve (12) hours of
holiday pay paid at the regular rate per FLSA guidelines on the day each holiday occurs in lieu of having the day off with pay when the holiday falls on a regularly scheduled work shift. While on any shift other than a 24-hour shift, EMTs will be eligible to have the day off with pay
on the holidays listed above.
See Section 21 for the effect of an extended leave of absence on holiday pay. Only EMTs who are on paid status on their scheduled workday immediately before a holiday shall
be entitled to the paid holiday.
SECTION 14. RETIREMENT BENEFITS A. The city has contracted with CalPERS for the following retirement benefits:
Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below)
• EMTs entering City of Carlsbad miscellaneous CalPERS membership for the first
time prior to November 28, 2011 – The retirement formula shall be 3% @ 60;
single highest year final compensation.
• EMTs entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three-year average final compensation.
“New Members” EMTs who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 1, 2013 who has never been a CalPERS member or member of a reciprocal system or
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who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include, without limitation, the
following retirement benefits.
• Retirement formula shall be 2% @ 62; three-year average final compensation. B. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code. EMTs shall make the following employee retirement contributions through payroll
deductions:
• EMTs who are miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%).
• EMTs who are miscellaneous employees subject to the 2% @ 60 benefit formula
shall pay all of the employee retirement contribution (7%).
• EMTs who are miscellaneous employees meeting the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan as determined by CalPERS.
C. The city will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit. D. The city shall continue to contract with CalPERS for the military service credit option.
The cost of this option is borne entirely by the EMT. Payments by the EMT to CalPERS
are to be arranged by the EMT directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the EMT may arrange with the city for such payments to be made by means of payroll deduction
SECTION 15. AMERICANS WITH DISABILITIES ACT AND OTHER FAIR EMPLOYMENT LAWS The city acknowledges the applicability of the Americans With Disabilities Act and other state and federal fair employment laws and intends to apply and implement this document so as to
comply with these laws.
SECTION 16. FAMILY LEAVE ACTS The city acknowledges the applicability of the federal Family and Medical Leave Act (FMLA)
and the California Family Rights Act (CFRA) and intends to apply and implement this document
so as to comply with these laws.
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SECTION 17. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles,
while city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other
indication of impairment of normal physical or mental skills by alcohol
or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities
1. As a condition of employment, employee shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than
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five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences
of the conduct upon which a criminal conviction is based); and
d. abide by all terms of this policy. 2. Employee must notify their supervisor when taking any medication or
drugs, prescription or non-prescription (over-the-counter medications),
which may interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city.
C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the city reserves the right to search, with notice to the employee
or if no prior notice, in the employee’s presence, all work areas and property
in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employee is cautioned against
storing personal belongings in work areas under full or joint city control
since such work areas may be subject to investigation and/or search under this policy. Employee shall have no expectation of privacy in these areas, locations or properties.
Employer searches shall occur when there is a determination of “reasonable
suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor.
The city may conduct searches without notice to the employee or without the employee being present if a valid search warrant has been obtained. The employee may also consent to a search.
Nothing in this policy shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use.
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D. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily
participate in an approved alcohol or substance abuse assistance or
rehabilitation program. E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations
The Federal Motor Carrier Safety Improvement Act of 1999 and the California Vehicle Code apply to an EMT. The city and employees shall comply with the regulations developed by the Department of Transportation to enforce the Act.
II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalyzer," urine, or blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment. B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalyzer," urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the employee to the employee’s home.
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2. Some examples of “reasonable suspicion” as defined in Section I.A.3. include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech. b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation;
f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs; 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed
necessary by the city.
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III. EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well-established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy.
SECTION 18. PARAMEDIC LICENSE PAY
EMTs who possesses their paramedic license and San Diego County accreditation will receive $110.77 per pay period for paramedic license pay upon approval from their supervisor and successful completion of an evaluation of paramedic skills by the Fire Chief or designee.
SECTION 19. REPORTING VALUE OF UNIFORMS TO CALPERS EMTs who are Classic Members will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniform, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for New Members.
SECTION 20. DEFERRED COMPENSATION The city shall provide for a Deferred Compensation Plan which may be utilized by EMTs on an
optional basis. The city reserves the right to accept or reject any particular plan and to impose
specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city. SECTION 21. LEAVE OF ABSENCE
A. Occupational Injuries or Illnesses If an EMT sustains a work related injury or illness and becomes temporarily disabled from work as a result, the EMT may receive the EMT’s full salary, in lieu of the state
mandated temporary disability benefit, for a period of up to 45 calendar days for any
single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the EMT will not be entitled to any occupational
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sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted.
Granting of occupational sick leave will be subject to the same procedures and
standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters.
If an EMT continues to be unable to work after the above described benefits have
been exhausted and the EMT has not been retired, the EMT will receive workers’ compensation temporary disability payments as provided in the California Labor Code. To the extent these benefits are less than the EMT’s full regular pay, the EMT shall supplement them by using accrued sick leave and/or vacation to reach the
amount equal to the EMT’s full regular pay until the EMT’s leave balances reach
zero, at which time the EMT would commence an unpaid leave of absence (i.e., the EMT would not receive a city paycheck). B. Non-Occupational Injuries or Illnesses
If an EMT is temporarily unable to work due to a non-occupational illness or injury, the EMT will receive those disability benefit payments for which the EMT is eligible and applies. To the extent that these benefits are less than the EMT’s full regular pay, the EMT shall supplement them by using accrued sick leave and or vacation to
reach the amount equal to the EMT’s full regular pay until the EMT’s leave balances
reach zero, at which time the EMT would commence an unpaid leave of absence. C. To the extent permitted by law, a leave of absence under this section will run concurrently with any FMLA or CFRA leave of absence an EMT is entitled to receive
it.
D. Leave of Absence Without Pay 1. General Policy
An EMT may be granted a leave of absence without pay pursuant to the approval of the Fire Chief or designee for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or designee is required.
An EMT shall utilize all the EMT’s vacation and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons:
a) Illness or disability.
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b) To take a course of study which will increase the EMT’s usefulness on return to the EMT’s position.
c) For personal reasons acceptable to the Fire Chief or designee and City Manager. d) Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally
be initiated by the EMT but may be initiated by the Fire Chief or designee, and, if
applicable, shall be promptly transmitted to the City Manager or designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources.
2. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than 14 calendar days prior to the expiration of the original leave. 3. Return From Leave
When an EMT intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the EMT shall contact the Fire Chief or designee at least 14 calendar days prior to the day the EMT plans to return. The Fire Chief or designee shall promptly notify the Human Resources Department
of the EMT’s intention. The EMT shall return at a rate of pay not less than the rate
at the time the leave of absence began. 4. Leave Without Pay - Insurance Payments and Privileges
While on leave without pay, an EMT may continue the EMT’s city insurance
benefits by reimbursing the city for the EMT’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the EMT’s coverage terminating on the first day following the month in which the last payment was received.
Upon EMT’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the EMT (e.g., computer loan).
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Upon eligibility for continuation of healthcare benefits under the Consolidated
Omnibus Budget Reconciliation Act (COBRA), the EMT will be notified of the
COBRA process. While on leave of absence without pay, an EMT shall not have all of the privileges granted during regular duty service.
E. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of state and federal law. In the case an EMT is disabled by
pregnancy, childbirth or a related medical condition, the EMT shall be allowed to
utilize a combination of accrued sick leave, vacation, and leave without pay to take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the EMT is disabled on account of pregnancy, childbirth, or related conditions.
The EMT shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave. If the EMT is disabled by pregnancy, the EMT may be eligible to return to work on
a light duty assignment per the Department Directive regarding a non-occupational
illness/injury. F. Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of
absence (paid or unpaid and except when leave is ordered by the city or when the EMT is on an active duty military leave) the EMT will not be eligible for the benefits listed below:
1. accrual of sick leave and vacation and
2. holiday pay On the day that the EMT returns to work from the extended leave of absence, the EMT will resume eligibility for the abovementioned benefits and the EMT’s vacation
anniversary date will be adjusted for each calendar day the leave of absence lasted
beyond 84 consecutive calendar days. During or immediately following a leave of absence, if the EMT returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the
same injury, illness or reason for the leave (paid or unpaid and except when leave is
ordered by the city or when the employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence.
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SECTION 22. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of state and federal
law. SECTION 23. JURY DUTY
When called to jury duty, the EMT, having provided at least five working days’ written notice
from the date of the summons to the Human Resources department, shall be entitled to the EMT’s regular compensation. If the EMT also receives any compensation from the court for serving on a jury, the EMT will reimburse the City for the amount the EMT received from the court. The EMT shall be entitled to keep mileage reimbursement paid and/ or the transit pass paid or provided
while on jury duty and will be reimbursed for any applicable parking fees.
If the EMT is released early from jury duty, the EMT shall report to the EMT’s supervisor for assignment for the duration of the workday. At the discretion of the supervisor, the EMT may be released from reporting back to work if an unreasonable amount of the workday remains in light
of travel time to the job site after release. SECTION 24. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE AND VOLUNTARY BENEFITS
EMTs shall receive city paid life insurance in an amount equal to their base salary up to a maximum
base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. EMTs shall receive city paid Accidental Death and Dismemberment insurance in an amount equal
to their base salary up to a maximum base salary of $200,000. To determine the benefit, the
amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. The city provides various voluntary benefits available at the EMT’s cost. An EMT may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440. SECTION 25. WELLNESS
The city shall contract with a wellness program provider to provide a wellness program to EMTs.
Participation in educational components is mandatory. EMTs are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, an EMT may choose not to participate in either of these two components. All
information and results from this general fitness evaluation are confidential in accordance with
federal and state medical information privacy laws, non-punitive and will be given only to the EMT.
Aug. 16, 2022 Item #2 Page 32 of 41
Attachment C
22
SECTION 26. PAID FAMILY LEAVE
Per Administrative Order No. 84, EMTs will be eligible for up to 160 hours per year of paid
family leave to care for an immediate family member or bond with a new child. SECTION 27. DEFENSE AND INDEMNIFICATION
The city will defend an EMT in an action or proceeding brought against the EMT in accordance
with the requirements and limitations in California Government Code Sections 995 through 996.6. The city will indemnify an EMT for a judgment for compensatory damages in accordance with the requirements and limitations in California Government Code Sections 825-825.6.
Aug. 16, 2022 Item #2 Page 33 of 41
REVISIONS TO CARLSBAD CITY EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING
Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs).
Each of these components is outlined below.
A. Medical Insurance A1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health
Program. The City will pay on behalf of all employees covered by this agreement and
their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement System (CalPERS).
If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. The City will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health
Program, 2) contribution of some or all of the premium for dental coverage or vision
coverage and 3) contributions in the name of the employee to the City’s flexible spending account(s). A2. Effective the pay period that includes January 1, 2021 and January 1, 2022, the City
monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average
health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Effective the pay period that includes December 31, 2022, the City monthly Benefits
Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2023.
A3. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental
death and dismemberment (AD&D) insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA), instead of receiving taxable cash.
Exhibit 2
Aug. 16, 2022 Item #2 Page 34 of 41
A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits.
B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a City-sponsored dental plan at any coverage level.
C. Vision Insurance
Represented employees will be eligible to enroll in or waive enrollment in a City-sponsored vision insurance plan at any coverage level. D. Retirees
Each retired employee who was a member of this bargaining unit is eligible to be covered
by the Public Employees’ Medical and Hospital Care Act and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire,
provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at
the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program.
Employees who retire from the City, either service or disability, shall be eligible to elect, upon retirement, to participate in the City’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose
coverage upon retirement, or who chooses coverage and later drops it is not eligible to
return to the City’s dental and vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City’s medical insurance program, provided they can show that they are covered under another group insurance program.
The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2021, 2022 and in the pay period that includes December 31, 2022. In the first pay period of calendar years 2021 and 2022, the The Benefits Credits associated with waiving medical coverage will be set equal to 50%
of the Benefits Credits associated with Employee medical coverage. If this results in a
situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused
Aug. 16, 2022 Item #2 Page 35 of 41
benefit credits associated with that medical plan. Effective the pay period that includes December 31, 2022, the Benefits Credits associated with waiving medical coverage will
be set equal to $400 per month.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income.
Aug. 16, 2022 Item #2 Page 36 of 41
REVISIONS TO CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. MEMORANDUM OF UNDERSTANDING
ARTICLE 15. FLEXIBLE BENEFITS PROGRAM Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and
dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these
components is outlined below. A. Benefits Credits and Medical Insurance
During the term of this Agreement, represented employees will be covered by the Public
Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in this Article, the minimum amount per month required under Government Code Section 22892 of the
PEMHCA for medical insurance through the California Public Employees’ Retirement
System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of each
active employee and eligible dependents toward the payment of medical premiums under
the CalPERS health program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.
Waiver Provision: CFA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show that they are covered under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal
to 50% of the benefit credits associated with Employee Only medical coverage level. If
this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Effective the pay
period that includes December 31, 2022, the Benefits Credits associated with waiving
medical coverage will be set equal to $400 per month. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using
any “excess credits” to purchase city-sponsored dental insurance, vision insurance,
accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income.
Exhibit 3
Aug. 16, 2022 Item #2 Page 37 of 41
The Benefits Credits for calendar year 2020 shall increase as shown in the table below.
Medical Coverage Level
Prior Monthly Benefits Credits
2020 Monthly Benefits Credits
Monthly Increase
Employee $577.00 $609.00 $32.00
Employee + 1 $1,158.00 $1,216.00 $58.00
Family $1,528.00 $1,607.00 $79.00
Waive Medical $416.68 $477.64 $60.96
To provide CFA represented employees with the value of the increase in 2020 Benefits
Credits retroactive to the first full pay period in 2020, with the payroll for the first full
pay period after ratification of this Memorandum by the City Council, the city shall make
a one-time taxable (non-PERSable) cash payment equal to the increase in benefits credits
for CFA members employed by the city on that date. The increase in Benefits Credits
shall be given to each employee based on the employee’s medical coverage level in the
pay period in which the cash amount is paid and pro-rated based on the employee’s
benefit-eligibility date (i.e., the date they became eligible for city benefits).
Effective the pay periods that include January 1, 2021 and January 1, 2022 and December 31, 2022 the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and
vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
Insurance Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. C. Retirees
Each retired employee who was a member of this bargaining unit is covered by the Public Employees’ Medical and Hospital Care Act and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the
individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program.
Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible
Aug. 16, 2022 Item #2 Page 38 of 41
dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not
eligible to return to the city’s dental and vision insurance programs.
The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
Aug. 16, 2022 Item #2 Page 39 of 41
REVISIONS TO EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT, COMPENSATION AND BENEFITS PLAN
SECTION 12. FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance
(AD&D) and flexible spending accounts (FSAs). Each of these components is outlined
below. Benefits Credits and Medical Insurance
EMTs will be covered by the Public Employees’ Medical and Hospital Care Act
(PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of EMTs and eligible dependents and those retirees designated in this Section, the minimum amount per month required under California Government Code Section 22892 for medical insurance
through CalPERS. If electing to enroll for medical benefits, an EMT must select one
medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of EMTs and eligible dependents toward the payment of medical premiums under the CalPERS
health program. The city contribution shall be based on an EMT’s medical coverage
level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the EMT will pay the difference. Waiver Provision: If an EMT does not wish to participate in the CalPERS Health
Program, the EMT will have the choice of waiving the city’s medical insurance program,
provided the EMT can show proof of coverage under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with the Employee Only medical coverage level. If this results in a situation where the unused benefit credits associated with any medical plan
exceed the benefit credits associated with waiving medical coverage, the benefit credits
associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Effective the pay period that includes December 31, 2022, the Benefits Credits associated with waiving medical coverage will be set equal to $400 per month.
Excess and Unused Benefits Credits: If the Benefits Credits exceed the cost of the medical insurance purchased by the EMT, the EMT will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to
the EMT in cash and reported as taxable income and included in premium pay in accordance with the FLSA.
Exhibit 4
Aug. 16, 2022 Item #2 Page 40 of 41
Effective January 1 of each calendar year, the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average
health (medical, dental and vision) premium for Employee, Employee Plus One and Family
coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
Insurance
EMTs may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level.
Retirees
If an EMT retires from the city, the EMT is covered by the PEMHCA and is eligible to
participate in the CalPERS Health Program. EMTs who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is
within 120 days of separation. The city will contribute the minimum amount per month
required under California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program.
EMTs who retire from the city, either service or disability, shall be eligible to elect, upon
retirement, to participate in the city’s dental and/or vision insurance programs as a retiree.
The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the city’s dental and vision insurance programs.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
Aug. 16, 2022 Item #2 Page 41 of 41