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File #: 211166    Version:
Type: Ordinance Status: Passed
File created: 11/23/2021 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 2/8/2022
Effective date: 4/4/2022    
Title: A substitute ordinance relating to paid parental leave for city employees.
Sponsors: ALD. KOVAC, ALD. ZAMARRIPA
Indexes: EMPLOYEE BENEFITS
Attachments: 1. Proposed Substitute D, 2. Proposed Substitute C, 3. Fiscal Impact Statement, 4. Fiscal Impact Statement with Sworn Personnel, 5. City Attorney Memo, 6. Proposed Substitute A, 7. Ellen Bravo Testimony, 8. Family Values At Work Paid Leave Intended Consequences Facts, 9. Police and Fire Parental Leave Cost Estimate, 10. Budget Memo Cost Estimates, 11. Support - Alicia Rodriguez, 12. Michael Rosen Email, 13. Hearing Notice List 01.12.pdf, 14. Hearing Notice List 02.02.pdf, 15. City Attorney Signature, 16. Notice published 2/25/2022
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
2/25/20222 CITY CLERK PUBLISHED   Action details Meeting details Not available
2/17/20222 MAYOR SIGNED   Action details Meeting details Not available
2/8/20222 COMMON COUNCIL PASSEDPass10:2 Action details Meeting details Not available
2/2/20221 FINANCE & PERSONNEL COMMITTEE SUBSTITUTED

Minutes note: Appearing: Ald. Marina Dimitrijevic, 14th Ald. Dist. Makda Fessahaye, DER Chris Hillard, LRB Nicole Fleck, DER Public testimony in support: Alicia Rodriguez Ellen Bravo, Family Values That Work Ald. Kovac moved that the Finance and Personnel Committee may convene into closed session, pursuant to s. 19.85(1)(e) and (g), Wis. Stats., for the purposes conducting other specified public business, whenever competitive or bargaining reasons require a closed session, and conferring with the City Attorney who will render oral or written advice with respect to litigation in which the City is or is likely to become involved. Ayes 3 - Coggs, Kovac, Spiker No 1 - Zamarripa Excused 1 - Murphy The committee convened into closed session at 11:04 a.m. Present 4 - Coggs, Zamarripa, Kovac, Spiker Excused 1 - Murphy Also present: Joshua Benson, Deputy Comptroller Dennis Yaccarino, Budget & Management Director Tea Norfolk, LRB Fiscal Planning Specialist Appearing: Nicole Fleck, DER Ald. Kovac moved that the Finance and Personnel Committee reconvene into open session. (Prevailed 4-0) The committee reconvened into open session at 11:17 a.m. Ald. Kovac moved substitution of the file with Proposed Substitute E. (Prevailed 4-0)
Pass4:0 Action details Meeting details Video Video
2/2/20222 FINANCE & PERSONNEL COMMITTEE RECOMMENDED FOR PASSAGEPass3:1 Action details Meeting details Not available
1/12/20220 FINANCE & PERSONNEL COMMITTEE SUBSTITUTED

Minutes note: Appearing: Ald. Marina Dimitrijevic, 14th Ald. Dist. Ald. Zamarripa and Coggs added as cosponsors. Ald. Coggs moved substitution of the file with Proposed Substitute B. (Prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
1/12/20221 FINANCE & PERSONNEL COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Providing public testimony in support: Rabbi Bonnie Margulis, Wisconsin Faith Voices for Justice Ellen Bravo, Family Values That Work Diana Valencia, 9to5 member Truth Freemyn, Keep Families First Coalition Ald. Spiker moved to enter written testimony and presentation from Ms. Bravo into the record. There was no objection. Also appearing: Makda Fessahaye, DER Director Chris Hillard, LRB Ald. Perez and Kovac added as cosponsors.
Pass3:2 Action details Meeting details Not available
11/23/20210 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

211166

Version

SUBSTITUTE 2

Reference

 

Sponsor

ALD. KOVAC AND ZAMARRIPA

Title

A substitute ordinance relating to paid parental leave for city employees.

Section

350-39.3                     cr

Analysis

Under this ordinance, a benefits-eligible employee of the city is entitled to paid parental leave, which will be administered and implemented by the department of employee relations. An eligible employee is entitled up to 6 weeks of paid parental leave for any of the following qualifying events once every calendar year:

 

1. Birth of a child.

 

2. Miscarriage or stillbirth after 20 weeks of pregnancy.

 

3. Placement of a child under the age of 5 through adoption, fostering, guardianship or acting in the place of a parent.

 

To be eligible, any qualifying event must occur either on or after April 4, 2022. In addition, paid parental leave will run concurrently with any state or federal family leave to which the employee may be eligible. Eligible employee must have worked a minimum of 1,000 hours, excluding leave of absence, in the 12 months prior to the qualifying event. A part-time employee with a qualifying event is also eligible for paid parental leave prorated based on the employee’s regular schedule. In addition, if paid parental leave coincides with a paid holiday, the employee shall be given holiday pay in lieu of paid parental leave. The ordinance also provides that any employee with a qualifying event who does not qualify for protection under the Family and Medical Leave Act of 1993 shall be provided the same job protections enumerated by the act.

 

In addition, a birthing parent who experiences incapacity related to pregnancy or a serious health condition following the birth of a child is entitled to up to 4 weeks of paid leave. The ordinance also specifies that a birthing parent who experiences a miscarriage or stillbirth prior to 20 weeks may be entitled to up to 2 weeks of paid leave. Finally, the ordinance requires the department of employee relations to submit an annual report to the common council detailing the department’s activities related to the paid parental leave program and findings from the previous year.

 

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 350-39.3 of the code is created to read:

 

350-39.3. Paid Parental Leave.

 

1. GUIDELINES AND ADMINISTRATION.

 

a. The department shall issue policies and procedures to implement the paid parental leave policy and to coordinate the policy with city leave policies and procedures.

 

b. The city comptroller shall develop and establish recordkeeping practices for payroll and related functions.

 

2. ELIGIBILITY AND RESTRICTIONS. Any benefits-eligible general city employee, as defined in s. 36-02-17 and s. 350-237, shall, as administered by the department, be entitled up to 6 weeks of paid parental leave for any qualifying event once every calendar year, subject to the following:

 

a. Only qualifying events taking place on or after April 4, 2022, shall be eligible for paid parental leave.

 

b. Paid parental leave shall run concurrently with any state or federal family leave to which the employee may be eligible.

 

c. The employee shall have worked a minimum of 1,000 hours, excluding a leave of absence, in the 12 months prior to the qualifying event.

 

d. A part-time employee with a qualifying event shall be eligible for paid parental leave, prorated based on the employee’s regular schedule.

 

e. An employee with a qualifying event under this section who does not qualify for protection under the Family and Medical Leave Act of 1993 shall be provided the same job protections enumerated by the act.

 

f. If paid parental leave coincides with a paid holiday, the employee shall be given holiday pay in lieu of paid parental leave.

 

3. QUALIFYING EVENTS. An eligible employee shall be eligible for up to 6 weeks of paid parental leave once per calendar year, after any of the following events:

 

a. Birth of a child.

 

b. Miscarriage or stillbirth after 20 weeks of pregnancy.

 

c. Placement of a child under the age of 5 through adoption, fostering, guardianship or acting in place of a parent.

 

4. SPECIAL CIRCUMSTANCES.

 

a. A birthing parent who experiences incapacity related to pregnancy or serious health conditions following the birth of a child shall be eligible for up to 4 weeks of paid leave in addition to the 6 weeks of paid parental leave.

 

b. A birthing parent who experiences a miscarriage or stillbirth prior to 20 weeks of pregnancy may be eligible for up to 2 weeks of paid parental leave.

 

5. ANNUAL REPORT. The department shall submit an annual report of its findings and activities under this section to the common council.

 

Part 2. This ordinance takes effect April 4, 2022.

 

 

 

 

LRB

APPROVED AS TO FORM

 

 

__________________________

Legislative Reference Bureau

Date: _____________________

 

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

___________________________

Office of the City Attorney

Date: ______________________

 

Requestor

Drafter

LRB 177080-6

Christopher Hillard

2/1/2022