HomeMy WebLinkAbout4998_CCv0001.pdf RESOLUTION NO. 4998
A RESOLUTION OF THE CITY OF REDLANDS ADOPTING
LOCAL GUIDELINES TO REQUIRE DEDUCTIONS FROM
THE SALARY OF EXEMPT EMPLOYEES FOR ABSENCES OF
LESS THAN ONE DAY.
WHEREAS, the Department of Labor has issued final
regulations (29 CFR Ch. V § 541 . 5d (a) ) implementing a special
"salary basis" rule for public sector employees which provides that
an otherwise exempt public sector employee who is paid according to
"a pay system established by statute, ordinance, regulation or
public policy under which the employee accrues personal leave and
sick leave and, absent the use of such accrued leave (because the
leave has been exhausted . . . ) , requires the public employee's pay
be reduced (leave without pay) for absences, for personal reasons
or because of illness or injury, of less than one work-day" ; and
WHEREAS, the Department of Labor has issued final regulations
(29 CFR Ch. V S 541.5d (b) ) implementing a special "salary basis"
rule for public sector employee 's pay that are not regular and
recurring for absences due to a budget required furlough shall not
disqualify the employee from being paid on a salary basis except in
the workweek in which such deductions occurred" ; and
WHEREAS, the City of Redlands wishes to maintain exempt status
of employees who meet regulatory standards with respect to both
their duties and compensation; and
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WHEREAS, the city of Redlands ' pay system is premised on the
concept that governmental employees should not be paid for time not
worked, and that there is a need to be accountable to the taxpayers
for the expenditure of public funds; and
WHEREAS, potential backpay liability for overtime to employees
thought to qualify as exempt could seriously threaten the fiscal
integrity of the City of Redlands and could seriously disrupt
widespread pay practices designed and intended to serve the public
trust;
NOW, THEREFORE, be it resolved, by the City Council of the
City of Redlands as follows:
Section 1. Deductions for Absences of Less Than One Work-Day
Under the City of Redlands' pay system, an exempt employee who
is absent for personal reasons or because of illness or injury, for
less than one work-day, shall have his or her pay reduced for such
absences if the employee does not have sufficient accrued personal
leave (including, but not limited to, vacation and administrative
leave) or sick leave to cover such period of absence.
Section 2 . Deductions for Furlough Absences
Deductions made from a public employee' s pay that are not
regular and recurring for absences due to a budget required
furlough shall not disqualify the employee from being paid on a
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salary basis except in the workweek in which such deductions
occurred.
Adopted this 6th day of Jule , 2993.
7A 1
Mayo ",�lt ,6 ,, edla
ATTEST:
City ��irk, -Ci F-. f Redlands
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