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CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF APRIL 6,1999 <br />TO: Honorable Mayor and City Council <br />APPROVAL: Henry Garcia, City Manage <br />FROM: Dennis Morris, Human Resource Directorilqw— <br />SUBJECT: Modification of Personnel Rules to allow for Partial Day Leave Use for <br />Exempt City Employees <br />DATE: March 17,1999 <br />BACKGROUND: The City of Colton's practice has been to allow partial day docking for <br />personal, sick or vacation leave for exempt employees. "Exempt" employees are salaried employees <br />for whom an hourly rate is not applicable. A change to Resolution 2240, Rule X, Section 1 and 6 is <br />required to ensure the policy to allow partial day leave does not jeopardize the exempt status under <br />the Fair Labor Standards Act. <br />DISCUSSION/ANALYSTS: The Department of Labor issued regulations to eliminate the outright <br />prohibition on deductions of less than one day (see attached Department of Labor Regulation Part <br />541.5d). The new regulation allows partial day deductions where an employee is paid pursuant to a <br />pay system established by resolution and which requires the public agency employee's pay to be <br />reduced or such employee to be placed on leave without pay for absences of personal reasons or <br />because of illness or injury of less than one work -day when accrued leave is not used by an employee <br />because: <br />➢ permission for its use has not been sought or has been sought and denied <br />➢ accrued leave has been exhausted; or <br />➢ the employee chooses to use leave without pay. <br />FINANCIAL IMPACT: None. <br />ENVIRONMENTAL IMPACT: None. <br />RECOMMENDATION: That the Mayor and City Council approve the attached Amendment of <br />Resolution 2240 to formally allow for partial day docking for personal leave or sick leave for exempt <br />employees. <br />ATTACHMENTS: DOL Regulation Part 541.5d <br />Resolution <br />REPORT PREPARED BY: Judith Glithero <br />WDATA\AGENDA\AGENDA. partial day leaves 03W99.&c <br />Item # 14 <br />