Ordinance No. 15,213 ORDINANCE NO. 15,213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 5 "EMPLOYEE BENEFITS" OF THE CITY
OF BAYTOWN PERSONNEL POLICY MANUAL TO ADD A NEW SECTION
CONCERNING PARENTAL LEAVE; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That CHAPTER 5 "EMPLOYEE BENEFITS" OF THE CITY OF
BAYTOWN PERSONNEL POLICY MANUAL is amended TO ADD A NEW SECTION
CONCERNING PARENTAL LEAVE which shall read as follows:
Chapter 5. Section 6g: Paid Parental Leave
The City of Baytown provides Paid Parental Leave (PPL) to employees following
the birth of an employee's child or the placement of a child with an employee in
connection with adoption, foster care,or other legal placement to care for and bond
with the child.
Eligibility
Eligible employees must have been employed with the City for at least 12 months
in a full-time position, meet FMLA leave eligibility requirements, and meet one of
the following criteria:
• Have given birth to a child;
• Be a co-parent of a person who has given birth to a child;
• Have adopted a child age 17 or younger, except for adoption by one spouse
of the other spouse's child;or
• Placement with the employee of a foster child, or other child, to whom the
employee stands in the position of a parent (in loco parentis), age 17 or
younger.
PPL is not allowed for placement of a child in parental custody cases or legal
assignments as a Guardian ad Litem. Surrogate mothers and sperm donors are also
excluded from this policy. For adoptions, the employee may choose whether the
date of adoption of a child is the date the child is initially placed in the employee's
home as a foster child or in anticipation of legal adoption, or the date the adoption
is approved by a court of law.
Paid Parental Leave
The City provides up to fifteen days (120 hours maximum, 180 hours for Civil
Service Fire shift personnel) of PPL following birth, adoption, or foster care
placement on a rolling 12-month time frame. In no case will an employee receive
more PPL during a rolling 12-month time frame regardless of whether more than
one birth, adoption, or foster care placement occurs within that time frame. If both
parents are employed by the City, and each is eligible for PPL as provided in this
policy, each parent may use their allotted maximum of PPL. PPL runs concurrently
with FMLA and will not increase, in whole or in part, the amount of FMLA leave
available to employees.
PPL is compensated at 100 percent of the employee's regular, straight-time weekly
pay. PPL is not counted as time worked. PPL will be paid on a biweekly basis on
regularly scheduled pay dates.
PPL may not be used prior to the actual birth or placement of a child. PPL may not
be banked for future use and any balance will not be paid out at separation. PPL
will be used prior to use of other accrued leave and employees are not required to
exhaust all leave before taking PPL. If a City holiday occurs while the employee is
on PPL, the absence will be charged to holiday pay, unless the employee accrues
holiday leave, and will not count towards PPL.
Available accrued leave (for example, sick, vacation, holiday) may be used to
extend paid leave beyond the fifteen days of PPL. The City will maintain all
benefits for employees during the paid parental leave period just as if they were
taking any other paid leave.
Requesting PPL
Employees must submit their request for PPL when submitting their FMLA leave
request and inform their supervisor of their intention to use PPL during their
absence. The employee must request FMLA leave in accordance with Chapter 5.
Section 5: Family and Medical Leave of both the City's Personnel Policy and
Administrative Rules. The employee must complete the necessary forms and
provide all documentation as required by Human Resources to substantiate the
request.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection,paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances
and to this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 22nd day of September, 2022 JL r,._=
RANDON CA ETILLO, or
ArLn pYTOW
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ANGEL CKSON, Ci q&k ���.
V. Is M1os' `�'' co
APPROVED AS O RM: _ c t A`^
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SCOTT LEMON , City Attorney
RAScoMOrdinances 9-22-22 Ordinance Am Ch 5 Personnel Policy.docx