Palm Desert Municipal Code Art. VII Benefits

All regular and probationary full-time employees of the city shall receive eight or four hours pay for each holiday, as described in this section.

All regular and probationary part-time personnel, as defined in Section 2.52.305, shall receive holiday hours pay proportionate to their scheduled hours of work on the designated holiday. "Scheduled hours" are determined by the department head; example, city hall closed for eight hours for Independence Day, employees normally scheduled to work five hours on that day would receive five hours of holiday pay. Employees on a leave of absence as defined in Section 2.52.835 are not eligible for holiday pay.

A. Designated Holidays. Designated holidays currently include:

January 1st, New Year's Day;

The third Monday in January, Martin Luther King, Jr. Day;

The third Monday in February, President's Day;

The last Monday in May, Memorial Day;

July 4th, Independence Day;

The first Monday in September, Labor Day;

November 11th, Veteran's Day;

The fourth Thursday in November, Thanksgiving Day;

The Friday after Thanksgiving Day;

One-half day for Christmas Eve*;

December 25th, Christmas Day;

One-half day for New Year's Eve*.

Any day declared to be a holiday by proclamation of the mayor may also be observed. Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday.

* Half-Day Holidays. Should these two days fall on a city workday, the holiday will start at twelve noon. All employees must complete a total of four hours work on such days, providing department coverage until twelve noon. Any nonexempt employee not working a complete four hours will need to show the difference from accrued leave balances (i.e. if the employee is on vacation the timecard would show four hours vacation and four hours holiday). When these two days fall on a noncity workday, employees are eligible for one additional full day floating holiday in accordance with the policies and practices currently applicable to floating holiday.

B. Floating Holiday.

1. Regular Employees. Regular full-time employees shall earn and be granted one floating holiday, which can be taken any time during the year with advance approval from their department manager or director. Floating holidays can accrue up to a maximum of one day, except during those years where an additional floating holiday is granted. Once this cap is reached, no additional floating holidays will be awarded until one of the days is used. There will be no retroactive grant of floating holiday compensation for the period of time the accrued holidays were at the cap.

2. Probationary Employees. Probationary employees may accrue floating holiday(s) as provided to all other employees but only after they have met their probationary period and are appointed to become regular employees. Probationary employees cannot use floating holidays until and after they have become regular employees.

(Ord. 1072, 2004; Ord. 1319 § 1, 2017)

A. Eligibility. All regular full-time employees and all regular part-time employees employed on a half-time basis or more may take accrued vacation with pay after satisfactorily completing the six-months probationary period.

Vacation leave accrues only when an eligible employee is in an active employment status, or while an employee is on an approved family medical leave. Vacation leave ceases to accrue at the later of the expiration of family leave eligibility or when the employee exhausts his/her vacation and sick leave balances.

Employees designated as Group X: Executive Contract earn and use vacation according to the terms of their particular employment agreement.

1. Probationary Employees. Probationary employees accrue vacation leave provided to all other employees based on their classification, but these accruals will not vest or be credited to them until and after they have completed their probationary period. Probationary employees cannot use vacation leave until and after they have become regular employees.

Absences during the probationary period will be unpaid.

2. Temporary or Seasonal Employees. Temporary or seasonal employees do not accrue vacation benefits.

B. Rate of Vacation Accruals. Regular full-time employees accrue a maximum of ten working days during each of the first two years of continuous service, and thereafter one additional day for each year of continuous service to a maximum of twenty working days.

1. Employees designated as Exempt Personnel, Group A earn an additional ten days vacation each year plus the continuous service accrual.

2. Employees designated as Exempt Personnel, Group B earn an additional five days vacation each year plus the continuous service accrual.

3. Employees designated as Group X, Executive Contract, earn and use vacation according to the terms of their particular employment agreement.

C. Maximum Accrual of Vacation. Vacation accrues up to a maximum of three times the amount of time the employee is currently eligible to earn each year. For example, if the employee is eligible to earn ten days a year, the employee stops earning vacation once his or her accrual reaches thirty days. The same applies to exempt employees in Group A and Group B.

Once this cap is reached, no further vacation will be earned until enough vacation is used to bring the employee below the cap. Only when the accrual falls below the cap will vacation compensation again commence to accrue until it reaches the applicable cap.

Employees designated as Group X, Executive Contract, earn and use vacation according to the terms of their particular employment agreement.

D. Approval of Use of Vacation Leave. No vacation may be taken at any time without approval of the employee's supervisor and/or department director. The times during a calendar year at which employees may take their vacations shall be determined by their department director or the city manager with due regard for the wishes of the employee and particular regard for the needs of the city.

Two-Week Notice. Employees who request more than three consecutive days of vacation time off should do so with at least a two-week in advance notice. Depending on departmental workload and circumstances, managers may or may not grant the requested vacation time off.

E. Holidays or Illness During Vacation Leave. Whenever a holiday, as set forth above, falls within an employee's vacation period, the employee shall be entitled to the holiday with pay and it shall not be charged towards vacation leave.

Illness during a vacation period shall not be considered as sick leave unless the employee provides a physician's certificate and receives approval from the City Manager.

F. Accrued Vacation Time Buy-Back. Regular full-time and half-time employees, except as otherwise provided by an employment agreement, collective bargaining agreement, or other controlling personnel policy, may make an annual irrevocable election to receive monetary compensation for a portion of vacation leave to be accrued in the following calendar year, subject to the requirements of this subsection.

1. Annual Election Required. On or before December 31 of each calendar year, an eligible employee may submit a written, irrevocable election to buy back a specified number of vacation leave hours to be accrued during the following calendar year. The calendar year in which the election is made is the "Election Year," and the following calendar year is the "Payout Year."

2. Eligibility and Maximum Buy-Back Amounts. An employee's maximum election shall be based on the employee's accrued vacation leave balance as of December 1 of the Election Year, as follows:

a. Employees with 200 or more hours of accrued vacation leave may elect to buy back up to 160 hours during the Payout Year.

b. Employees with 120 or more hours of accrued vacation leave may elect to buy back up to 80 hours during the Payout Year.

c. Employees with 80 or more hours of accrued vacation leave may elect to buy back up to 40 hours during the Payout Year.

3. Limitation to Payout-Year Accruals. Except as expressly provided in subsection F.6 for the initial implementation period, buy-back payments under this subsection shall apply only to vacation leave accrued during the Payout Year and shall not exceed the amount elected by the employee or the amount of vacation leave actually accrued and available for buy-back during the Payout Year, whichever is less.

4. Payment During Payout Year. During the Payout Year, an employee who made a timely irrevocable election may request payment of all or part of the elected amount in writing, subject to payroll procedures established by the city manager or designee. Any elected amount not requested for payment by December 1 of the Payout Year shall be paid to the employee on or before December 31 of the Payout Year, provided the employee has accrued sufficient vacation leave and the payment is consistent with applicable law.

5. No Expansion of Leave Accrual or Use Rights. This subsection authorizes monetary compensation for eligible vacation leave only. It does not increase an employee's rate of vacation accrual, modify vacation scheduling requirements, or limit the city's authority to approve or deny vacation use based on operational needs.

6. Initial Implementation Transition Election Period. For the first calendar year in which this subsection is effective, the city manager or designee may establish one additional transition election period. An eligible employee may submit a written, irrevocable transition election during that period to buy back additional vacation leave hours in the same calendar year, provided that:

a. The transition election shall apply only to vacation leave accrued after the date of the employee's transition election, unless the city attorney and finance director determine that a different treatment is permissible under applicable law and payroll tax requirements;

b. The transition election shall be irrevocable once submitted;

c. The employee must satisfy the applicable vacation leave balance threshold as of a date established by the city manager or designee during the transition election period;

d. The total number of vacation leave hours bought back during the initial implementation calendar year shall not exceed 160 hours per employee; and

e. The transition election period shall automatically expire at the end of the initial implementation calendar year and shall not apply in any subsequent calendar year unless reauthorized by ordinance.

7. Separation from Employment During Payout Year. If an employee separates from city employment during the Payout Year after making a timely irrevocable election under this subsection, the city shall pay the employee for any elected vacation buy-back hours that have been accrued during the Payout Year and remain available for buy back as of the employee's separation date. If the employee has not accrued sufficient vacation leave during the Payout Year to satisfy the full amount elected, the City shall pay only the amount of vacation leave actually accrued and available for buy back as of the separation date. Any elected amount that has not been accrued as of the separation date shall not be payable. Payment shall be made in accordance with the city's regular payroll procedures and applicable law.

8. Other Vacation Payout Rights Preserved. Nothing in this subsection shall reduce or limit any separate payment for accrued vacation leave otherwise due to the employee upon separation under this code, an employment agreement, collective bargaining agreement, personnel policy, or applicable law.

9. Administrative Procedures. The city manager or designee may adopt administrative procedures and forms necessary to implement this subsection, including procedures for election deadlines, payroll processing, minimum leave-balance requirements, verification of eligible accruals, treatment of employees who separate employment during a Payout Year, and other procedures necessary to ensure consistent administration and compliance with applicable law.

G. Payment for Accrued Vacation Time Upon Termination. Employees will be paid for unused accrued vacation time upon termination of employment, minus tax deductions as required by state and federal taxing laws.

(Ord. 1072, 2004; Ord. 1315 § 1, 2017; Ord. 1372 § 3, 2021; Ord. 1451, 6/11/2026)

A. Defined. Sick leave is leave from duty which may be granted by the city to an employee because of illness, injury, exposure to contagious disease, illness or injury of a member of the employee's immediate family requiring the employee's attendance, and medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the work day.

1. An employee's immediate family shall consist of the employee's: spouse; registered domestic partner; children; step-children, or the mother, father, brother, sister, grandchildren or grandparents of the employee, spouse, registered domestic partner or other members of the employee's family residing in the employee's home; or other members of the employee's family primarily dependent upon the employee.

B. Sick Leave Use.

1. An employee may be granted sick leave only in case of actual sickness as defined in subsection A. In the event that an employee or a member of the employee's immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

2. When an employee is going to be absent due to illness or a medical condition that prevents him or her from coming to work, the employee shall notify his or her department director or manager, or designee, as soon as possible, but, unless there is an emergency circumstance, no later than one hour after the time set for beginning daily duties. Failure to do so without good reason may result in that day of absence being treated as leave of absence without pay.

3. If the employee is absent on sick leave for more than three days, the employee will keep the immediate supervisor informed as to the date the employee expects to return to work.

4. Sick leave will not be granted to any employee absent from duty as a result of any sickness, injury or disability purposely self-inflicted or caused by willful misconduct.

5. Sick leave will not be granted to any employee absent from duty after separation from service, or during an authorized leave of absence without pay, or any other absence from duty not authorized by the city.

6. Sick leave will not be granted to any employee to permit an extension of the employee's vacation.

7. Sick leave will be accrued by any employee during the first three full calendar months of the employee's employment. However, only upon the successful completion of three months of employment, will the employee be entitled to utilize accrued sick leave.

8. A department manager or supervisor may require a physician's note or certificate from employees absent for more than three consecutive work days to be filed with human resources department, excusing their absence and confirming their fitness to return to duty.

9. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee's duties.

C. Sick Leave Accrual.

1. All employees will accrue one work day of sick leave, for each calendar month of service. Such accrual shall take place on a bi-weekly basis.

2. Sick leave may be accrued to without a maximum except as provided below:

a. Sick leave granted by the city and used by an employee shall be deducted from the employee's accrued sick leave balance.

3. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as provided herein.

4. Sick leave will not be accrued by an employee absent from duty after separation from service, or during an authorized leave of absence without pay, or any other absence from duty not authorized by the city.

D. Reimbursement for Accrued Sick Leave. Upon separation, an employee who has a sick leave accrual balance of one hundred ninety-two hours or greater, and has a minimum of four years of full-time city service may be paid a percentage of the employee's total accrued sick leave according to the table below. Such reimbursement shall be at the employee's base rate of pay at the time of separation. Under the provisions and limitations of CalPERS contract options Section 20965, the balance of unused and unpaid sick leave may be converted to additional service credit, for employees who retire within four months of their date of separation from Palm Desert.

Assuming the above criteria are met, the percentage cash-out is based on the following schedule:

E. Abuse of Sick Leave. An employee shall be subject to disciplinary action for abuse of sick leave which is defined as a claim of entitlement to sick leave when the employee does not meet the requirements of sick leave as defined in subsection A.

F. Excessive Use of Sick Leave. Excessive use of sick leave, tardiness, and failing to use the call-in procedures when absent or tardy, can negatively impact the performance of your job or affect others in the performance of their job. Factors that will be considered in determining whether use of sick leave is excessive include, but are not limited to, whether absenteeism is limited to a finite time period or whether it continues over time, the basis for the absenteeism and the significance of the impact on the performance of your job or of others.

G. Return to Work.

1. Regular employees unable to perform the essential functions of their position, with or without reasonable accommodation, as a result of a physical or psychological illness or injury for a period of one year from the first date of the absence shall:

a. Be terminated from employment. Employees who are separated pursuant to this section shall be accorded procedural due process (i.e., notice and an opportunity to respond to the separation) in accordance with the appeal procedures for disciplinary actions outlined in these rules and procedures; or

b. If disabled, be retired under the public employees' retirement system; or

c. Be offered the opportunity to resign from the position and be placed on a rehire list for a period not to exceed one year. Any employee returning to work pursuant to this section shall provide to the human resources office verification from a medical practitioner of his or her ability to return to work and perform the essential functions of his or her position, with or without accommodation.

If during the period in which the employee is on the rehire list, the employee is physically and/or psychologically able to resume the duties of his or her previous position and there is a vacant position in the employee's classification, the employee will be entitled to return to that position with all the rights, benefits, and responsibilities of a regular employee. However, an employee on a rehire list shall not accrue seniority, nor step increase eligibility. Thus, the employee will return to work with the same amount of seniority held prior to being placed on the rehire list, including for purposes of determining vacation accrual rate.

Placement on the rehire list does not preclude an employee from applying for a disability retirement.

d. Medical Leaves of Absence. Employees on family and medical care leave, pregnancy disability leave or other statutory leaves will not be terminated or offered the rehire list option in lieu of separation during such leave if separation during such leave would be precluded by law.

2. Whenever an employee has been given a permanent and stationary rating by the Industrial Accident Commission of the State of California, return to the job must be based on the same medical information that the employee used in order to obtain the award. Unless these medical facts are very carefully considered, subsequent injuries or aggravations of the original injury can occur. It is the policy of the city that an employee return to duties he or she can perform safely without undue risk or further injury to other employees.

It is, likewise, the policy of the city that if the employee cannot do so or if he or she is unable or unwilling to accept some other vacant position which the employee is psychologically and/or physically and otherwise qualified to perform, his or her employment will be terminated.

The medical criteria presented to the Industrial Accident Commission by the employee and his or her doctor shall be obtained and utilized by the city and interpreted in terms of specific job restrictions and limitations. The department director, or designee, shall then interpret and apply such job restrictions and limitations to the specific physical and/or psychological requirements of the employee's position and make a recommendation to the human resources department head.

A determination shall be made by the human resources department head as to whether or not the employee shall:

a. Return to the job;

b. Transfer to some other vacant position for which he or she is qualified based upon physical or psychological ability and experience;

c. Separate from employment.

H. Conflict with Memorandum of Understanding. If a negotiated memorandum of understanding (MOU) provision is in conflict with a provision of this policy, the MOU provision shall be followed unless this provision was negotiated more recently.

(Ord. 1298 § 1, 2015)

The memorandum of understanding between the city and Palm Desert employees organization provides for the enrollment of registered domestic partners of employees under the city's health benefits plans.

In order to qualify, a domestic partnership must be registered with the state of California, under rules set by state law.

(Ord. 1072, 2004)

A. Regular full-time city employees shall be included in the Public Employees' Retirement System as required by law and the city's PERS contract. Employees excluded from membership in the Public Employees' Retirement System shall not be entitled to retirement benefits.

B. The city's contract with the Public Employees Retirement System shall be kept on file at the human resources department.

C. Retiree Health Care Stipend Program. The city shall maintain a retiree health care stipend program. The guidelines of the program shall be set by resolution.

(Ord. 1072, 2004)

Employees of the city are eligible for group medical, dental, vision, long-term disability and life insurance for themselves and dependents as may be provided for by the city.

The guidelines of this city program have been set by resolution and will be made a part of the city's personnel policies and procedures.

(Ord. 1072, 2004)

Eligible employees and certain of their family members have the right to continue health care coverage, at their own expense, under the city's group health plans as provided in the Consolidated Omnibus Budget and Reconciliation Act (COBRA) and Cal-COBRA, provided that they elect to do so within a specified time period after one of several "qualifying events."

The city will provide eligible employees or their families notice of the right to continuation coverage after the following qualifying events: (1) the death of the covered employee; (2) the covered employee's termination (other than by reason of the employee's gross misconduct); (3) reduction in the covered employee's hours; or

(4) the covered employee's eligibility for Medicare. The employee must provide the city notice, as soon as possible, but no later than thirty days after, any of the following qualifying events: (1) the divorce or legal separation of the covered employee from the employee's spouse; or (2) a dependent child ceasing to be a dependent child. In order to be eligible for continuation of medical insurance the employee must self-pay the premiums amount and meet all COBRA and Cal-COBRA criteria.

(Ord. 1072, 2004)

All regular full-time employees of the city shall be eligible to receive reimbursement for the following expenses, subject to state and federal regulations and reporting requirements, as follows:

A. Service Club Reimbursement. In order to promote a spirit of cooperation and understanding with citizens, and to give key employees, as determined by the city manager, an opportunity to share in services to the community, the city's annual budget may include provisions for reimbursement to selected employees for the cost of initiation fees, annual dues and related costs in local service clubs.

Employees should submit requests for reimbursement under this provision to their respective supervisor to be submitted to the city manager for approval.

B. Travel Reimbursement Policy. All employees, who utilize personal vehicles for city business, shall be entitled to mileage reimbursement at the rate established by the city by resolution.

Employees who travel as a result of performing their work duties are entitled to be reimbursed for legitimate business expenses that are a result of the travel, in accordance with the travel expense guidelines adopted by council resolution. The types of expenses that are reimbursable include mileage, airfare, hotel rooms, meals, etc.

To be reimbursed for these expenses, employees must complete the city's expense reimbursement form, including providing all receipts, have it approved by his or her supervisor, and turned into accounting.

When an employee travels overnight, away from home, any travel time that occurs during the employee's normal work hours is compensable work time and will be considered hours worked, regardless of the day of the week on which the travel occurs.

(Ord. 1072, 2004)

The city encourages employees to broaden their knowledge and improve their skills in their city occupational field or area to improve their on-the-job performance, and increase their overall value to the city by attending seminars, conferences, training workshops and/or certificate licensing programs.

Under this program, the city will pay for the cost of these training or will reimburse employees who pay for them ahead of time.

Reimbursement is available for regular full-time employees who are performing their job in a satisfactory manner, and requests for reimbursement are subject to the approval of the department director or manager, the director of human resources and the city manager.

Seminars, conferences, training workshops and/or certificate licensing programs contemplated under this program are defined as courses of study that are specifically related to the employee's presently assigned position. These trainings are generally completed within five days and usually require attendance during regular working hours.

To qualify for payment, this type of training must be provided by or through an educational institution, a professional society, or an approved contracting agency.

This type of training will not be eligible under this program if the knowledge can be obtained through inhouse training, or if it is oriented solely towards personal satisfaction or enjoyment.

Employees who attend seminars or training will be compensated for hours worked when any of the following apply: (1) it is required by the city; (2) the seminar or training is directly related to the employee's current job; (3) the employee performs productive work during the seminar or training; or (4) the seminar or training occurs during normal work hours, regardless of the day of the week.

Approved educational reimbursement request forms should be submitted to the human resources department to make appropriate reservations and prepay seminar costs. Reimbursable expenses include: meals, travel, mileage, hotel costs and parking costs, with a completed travel expense form submitted to the finance department.

The procedure for seminar or conference attendance is as follows:

A. Employee requests approval of attendance from manager or supervisor;

B. If approved by manager or supervisor, employee completes education reimbursement request form, attaches seminar information and registration form and forwards to department director or manager for approval;

C. If approved, department director or manager will submit to human resources for approval;

D. If approved by human resources, the request will be forwarded to the city manager for approval;

E. If approved by city manager the request will be returned to human resources where appropriate seminar registration and lodging reservations (if required) will be made;

F. After all reservations/registrations are completed a copy of approved package will be returned to employee along with information on any reservations made on behalf of the employee. In addition, human resources will provide the employee with information on reimbursable expenses (i.e., lunch, parking, etc.);

G. After attending the seminar, the employee will provide human resources with any certificate, attendance verification and/or receipts related to the seminar;

H. Human resources will maintain copies of certificates, attendance verifications in the employee's file and prepare a voucher for any reimbursements due the employee.

(Ord. 1072, 2004)

The city will pay the cost for employees whose job qualifications require certification or licensure to obtain recertification or licensure for the specific position held.

Certificate and/or licensing programs are usually a series of courses that need to be completed in order to obtain a document certifying that one has fulfilled the requirements of a program.

The certificate program or a specific license or renewal of a license must be job-related to the employees presently assigned position. "Job related" means and includes courses which maintain or improve the employee's job performance; meets any specified education requirements of the employer or profession licensure; or meets any requirements necessary for the employee to retain his or her salary status, or employment.

Certificates or licenses covered under this program must be provided by or through an educational institution, a professional society, or an approved contracting agency; must contain sufficient content and requirements; must be the most effective means of obtaining the knowledge; and must have a reasonable expectation of providing more effective on-the-job service by the employee.

If the certificate or license is an ongoing requirement of the employee's job classification, reservations and prepayment will be made by the human resources department following receipt of the approved education reimbursement request form.

(Ord. 1072, 2004)

The city subscribes to and supports an educational tuition reimbursement program for the benefit of employees who want to further their education.

Employees who, in their sole discretion, want to broaden their knowledge by pursuing academic training and higher education on their off-duty hours may receive reimbursement for tuition as provided herein. Under this program, reimbursement is available for full-time regular employees who are performing their job in a satisfactory manner.

The cost of tuition, under this program, will be reimbursed at the rate charged by the local community college or at the rate charged by the California State System. Requests are subject to the approval of the department manager or director, the director of human resources and the city manager.

Continuing education under this program is defined as college level course work necessary to obtain a diploma or degree. The city, at management's discretion, may also reimburse employees for related book and parking expenses for degree programs subject to the following criteria:

A. That a degree or certificate is sought;

B. Applicability of the degree to future positions in the organization;

C. Classes may be taken at a community college or state college. Employees may attend private colleges and universities, but tuition reimbursement will be limited to the rate at a public institution offering similar course work. An unusual exception may be approved if there is not a comparable course offered at an accredited public institution;

D. Courses may not be taken during the employee's regular working hours; unusual exceptions require appropriate approval;

E. Completion of the course must be verified with a grade of "C" or better.

Employees who seek approval prior to course enrollment and satisfactorily complete the course with grade of "C" or better may be eligible for reimbursement of tuition, books and parking fees.

Grades and receipts must be submitted to the human resources department no later than ninety days after completing the course work in order to be processed for reimbursement.

The procedure for requesting reimbursement for continuing education is as follows:

(Ord. 1072, 2004)