AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES’ LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN SECTION 12, ENTITLED “OTHER LEAVES WITH COMPENSATION” TO PROVIDE FOR PAID PARENTAL LEAVE; AND, BY AMENDING THE PROVISIONS IN SECTION 16, ENTITLED “COLLECTIVE BARGAINING CONTINGENCY,” TO PROVIDE PAID PARENTAL LEAVE BENEFITS SUBJECT TO COLLECTIVE BARGAINING AND UNION APPROVAL FOR EMPLOYEES IN CLASSIFICATIONS GOVERNED BY UNION CONTRACTS; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

It has been determined through surveying of various government entities that granting of paid parental leave for its employees is becoming common. While no federal laws require us to provide paid parental leave, it is a valuable benefit to our employees as well as to their families. Additionally, implementing a paid parental leave policy is an attractive tool that is useful in recruiting talented workers.

Workers oftentimes face tension in balancing their roles as parents and workers, especially if there are adverse consequences for missing too much time from work due to the birth, adoption or foster placement of a child. The Family Medical Leave Act (“FMLA”) provides certain employees with up to 12 weeks of unpaid, job-protected leave a year for serious health conditions, or even bonding with a new child. Employees are eligible for FMLA leave if they have worked for the City for at least 12 months, worked at least 1,250 hours or more during the 12-month period immediately preceding the commencement date of leave, and had not taken 12-weeks of FMLA leave within the same calendar year. A paid parental leave policy would be an added benefit to those employees (women and men) who need that continued income following the birth, adoption or foster placement of a child.

If adopted, this ordinance will provide paid parental leave to city workers, after one year of continuous service with the City. Employees will be entitled to up to six weeks of paid parental leave for the purpose of caring for his or her newborn, newly-adopted, or newly-placed foster child or children. This leave shall apply equally to parents regardless of gender, as well as to same-sex couples, in the event of natural birth by any method, adoption, surrogacy, stillbirths, or foster care placement in the employee’s home.

The paid parental leave shall be up to six weeks in duration, and may be taken by the day or week anytime during the first year after the birth, adoption, or foster care intake of the child or children. The leave period shall not exceed six weeks regardless of the number of children born, adopted by the employee, or placed in the employee’s home through foster care.

During the leave period, the employee shall be paid 100 percent of his or her base wages for the first two weeks, 75 percent of his or her base wages for the following two weeks, and 50 percent of base wages for the remaining two weeks. Employees shall be eligible to use any accrued leave in order to receive compensation up to 100 percent of base pay during the weeks reimbursed at the rates of 75 percent and 50 percent.

This leave shall occur concurrently with, count against, and not be added to periods of unpaid or job protected leave for which the employee may also be eligible, including the federally-mandated 12 weeks of FMLA leave, and/or any other unpaid leave offered by the city due to childbirth or adoption. The number of paid parental leave periods an employee may take is unlimited over the duration of his or her employment with the city, but employees are only eligible for one six-week paid leave per birth, adoption, or foster care placement.

If both parents are city employees, each employee is entitled up to a six-week leave period and they may take their parental leave period concurrently, subsequently, or in any other combination they wish.

The Director of Human Resources for the city shall have full authority to issue policies and procedures relative to paid parental leave benefits offered pursuant to this Ordinance for any purpose, including, but not limited to, notification requirements for employees requesting leave, employee eligibility, and documentation requirements for births, adoptions, and foster care placements. The city’s employee leave manual shall include provisions consistent with the requirements of this subsection for paid parental leave.