12/1/22, 11:21 PM Legislative Matter

Miami-Dade
Legislative Item
File Number: 152699

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File Number: 152699 File Type: Ordinance Status: In Committee

Version: 0 Reference: Control: Board of County Commissioners
File Name: PAID PARENTAL LEAVE COUNTY EMPLOYEES Introduced: 11/17/2015
Requester: NONE Cost: Final Action:
Agenda Date: 2/2/2016 Agenda Item Number: 7K
Notes: SEE Title: ORDINANCE CREATING ARTICLE X OF CHAPTER 11A OF THE CODE
160383 OF MIAMI-DADE COUNTY, FLORIDA ESTABLISHING PAID PARENTAL
FOR FINAL LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC HEALTH TRUST
VERSION EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE,
AS AND AN EFFECTIVE DATE
ADOPTED
Indexes: Sponsors: Juan C. Zapata, Prime Sponsor
  COUNTY EMPLOYEE   Esteban L. Bovo, Jr., Co-Sponsor
  PAID LEAVE   Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History

Acting Body Date Agenda Action Sent To Due Date Returned Pass/Fail
Item

Board of 2/2/2016 7K Amended

County
Commissioners
REPORT: (SEE AGENDA ITEM 7K AMENDED; LEGISLATIVE FILE NO. 160383.)

Strategic 1/12/2016 1G2 Forwarded to BCC with a P

Planning & favorable recommendation
Government

https://www.miamidade.gov/govaction/matter.asp?matter=152699&file=true&fileAnalysis=false&yearFolder=Y2015 1/4
12/1/22, 11:21 PM Legislative Matter
Operations
Cmte
REPORT: Assistant County Attorney Juliette Antoine read the foregoing proposed ordinance into the record.
Commissioners Heyman and Vice Chair Sosa requested to be listed as co-sponsors. Hearing no questions or
comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of 12/1/2015 Tentatively scheduled for a Strategic Planning & 1/12/2016

County public hearing Government Operations
Commissioners Cmte

Board of 12/1/2015 4G Adopted on first reading 1/12/2016 P

County
Commissioners
REPORT: First Assistant County Attorney Geri Bonzon Keenan read the foregoing proposed ordinances, Agenda Items
4B, 4C,4D, 4F SUBSTITUTE, 4G and 4H into the record. Hearing no questions or comments, the Board
proceeded to vote on the foregoing proposed ordinances simultaneously, as presented.
The foregoing
proposed ordinance was adopted on first reading and scheduled for public hearing before the Strategic
Planning and Government Operations (SPGO) Committee on Tuesday, January 12, 2016 at 9.30 a.m.

County 11/17/2015 Referred Strategic Planning & 1/12/2016

Attorney Government Operations
Cmte

County 11/17/2015 Assigned Marlon D. Moffett 11/18/2015

Attorney

Legislative Text

TITLE

ORDINANCE CREATING ARTICLE X OF CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY,

FLORIDA ESTABLISHING PAID PARENTAL LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC
HEALTH TRUST EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE

BODY

WHEREAS, strong paid family and medical leave policies can help working families take time off for caregiving
responsibilities, as well as their own medical needs, without putting their economic security at risk; and

WHEREAS, unpaid leave under the federal Family and Medical Leave Act (FMLA) provides important job
protections, and is available to County employees, but many cannot afford to take it; and

WHEREAS, providing paid parental leave to County employees would allow them to continue to earn a portion
of their pay while they take time away from work to care for a newborn, newly-adopted child or newly-placed
foster child; and

WHEREAS, paid parental leave can increase female labor force participation by making it easier for women to
stay in the workforce after giving birth, which contributes to economic growth, and can encourage men to take
leave to serve as caregivers, which has a number of positive effects for families; and
WHEREAS, paid parental leave has been shown to improve the health and development outcomes of children,
including increased birthweight, decreased premature births and decreased infant mortality; and

WHEREAS, paid parental leave helps employers recruit talent, increase worker retention and reduce turnover,
saving employers significant costs associated with replacing employees, while also increasing employee
engagement, boosting employee morale, and ensuring a diverse and inclusive workforce; and

WHEREAS, the United States lags behind many other countries in providing government-supported time off for
https://www.miamidade.gov/govaction/matter.asp?matter=152699&file=true&fileAnalysis=false&yearFolder=Y2015 2/4
12/1/22, 11:21 PM Legislative Matter

new parents, and on January 15, 2015, the White House issued a presidential memorandum ensuring that federal
workers may receive up to six weeks of paid parental leave; and

WHEREAS, some municipalities throughout the United States have recently implemented paid parental leave
programs to bridge gaps where there has been no action on the state or federal levels; and
WHEREAS, the Board of County Commissioners is committed to improving workplace opportunities by
providing up to six weeks of paid parental leave for County and Public Health Trust employees,
NOW, THERFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-
DADE COUNTY, FLORIDA:

Section 1. Section Article X of Chapter 11A the Code of Miami-Dade County, Florida, is hereby created to read as
follows:

ARTICLE X. - PAID PARENTAL LEAVE FOR MIAMI-DADE COUNTY AND PUBLIC HEALTH TRUST
EMPLOYEES.

Sec. 11A-80.

(1) Miami-Dade County shall implement paid parental leave for all of its exempt female and male employees and
all other employees covered by collective bargaining agreements whose agreements explicitly provide for this
benefit for the employee, 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 a natural birth by any method, adoption, surrogacy, stillbirths, or foster care placement in the
employee’s home. Employees who have worked for Miami-Dade County or the Public Health Trust for a
minimum of one year are eligible for the full duration of paid parental leave.

(2) The paid parental leave shall be up to six weeks long, and may be taken by day or week anytime during the
first year after the birth, adoption, or foster care intake of the child or children. The leave period is fixed 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 Family and Medical Leave Act
(FMLA) leave, and/or any other unpaid leave offered by the County due to childbirth or adoption, including under
Chapter 11A, Article V of this Code (Family Leave).

(3) The number of paid parental leave periods employees may take is unlimited over the duration of their
employment with the County, but employees are only eligible for one six-week paid leave per birth or adoption.

(4) If both parents work for the County, each is entitled to a six-week leave period as described in subsection (2)
of this Section, and they may take their parental leave period concurrently, subsequently, or in any other
combination they wish.

(5) The Directors of Human Resources for Miami-Dade County and the Public Health Trust shall have full
authority to issue policies 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 placmeents.

(6) The Miami-Dade County employee leave manual and the Public Health Trust employee leave manual shall
include provisions consistent with the requirements of this Article for paid parental leave.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder
of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions
of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade
County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and
the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective 10 days after the date of enactment unless vetoed by the Mayor,
and if vetoed, shall become effective only upon an override by this Board.

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 MEMORANDUM
Agenda Item No. 7(K)

(Second Reading 2-2-16)

TO: Honorable Chairman Jean Monestime DATE: December 1, 2015
and Members, Board of County Commissioners

FROM: Abigail Price-Williams SUBJECT: Ordinance creating

County Attorney Article X of Chapter I IA
of the Code establishing
paid parental leave for
Miami-Dade County and
Public Health Trust
employees

The accompanying ordinance was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Juan C. Zapata and Co-Sponsors Commissioner Daniella Levine Cava,
Commissioner Sally A. Heyman, Commissioner Barbara J. Jordan and Chairman Jean Monestime.

Abigail·
County Attorney

APW/cp

I
 MIAMI·•
Memorand um~
Date: February 2, 2016

To: Honorable Chairman Jean Monestime

and Members, Board of Co ty Commissioners
From: Carlos A. Gime

Subject:
Mayor
-
Ordinance Creating Article X of
Parental Leave
hapter 11A of the Code Establishing Paid

The proposed ordinance creates Article X of Chapter 11A of the County Code establishing paid
parental leave for all County and Public Health Trust (PHT) employees for the purpose of caring
for a newborn, newly-adopted child, or newly-placed foster child or children. Up to six weeks of
leave would be provided, taken at any time during the first year after the event, with a portion of
the annual salary compensated and the employee having the option to use accrued leave to
ensure compensation of 100 percent of base pay for the entire period.

It is difficult to determine if the implementation of this policy will lead to a marked change in
behavior. Many employees currently take leave following a birth, adoption, or foster placement.
This leave is part of the historical leave usage that is taken into account as part of the annual
budget development process. All County and PHT employees are budgeted for 2,080 hours for
employees with a 40 work week and 2,496 hours for employees with a 48 hour work week. In
other words, whether the employee works or utilizes accrued leave, the funding to pay that
employee's salary is included in the budget. In addition, there are certain County operations,
such as Transit, Police, Fire, and PHT services, that must budget a relief factor (additional
positions which vary by service) to take into account both anticipated and unanticipated leave
usage that occur during the year to ensure County services are not interrupted. In some
instances, unanticipated leave may require backfill with overtime if the relief factor is not
sufficient and work cannot be distributed among existing staff.

Without knowing if a significant number of people who do not currently take leave for such
events would now be utilizing this policy, the only element that we can be sure of is that
employees who take advantage of the new policy would have more accrued leave available in
the future (having not had to charge it for this period) and could potentially have higher
separation payments in the future. We cannot say for sure whether costs will increase in the
fiscal period following implementation or even in the near future. Therefore, while allowing
employees to benefit from paid parental leave may have_a fiscal impact to the County and PHT,
it is difficult to determine such impact at this time.

~ ~
Edward Mar~
Deputy May~

Fls01316
 MIAMI-~
Memorandum ~iiil'
Date: February 2, 2016

To: Honorable Chairman Jean Monesti e

and Members, Board of County
From: Carlos A. Gimenez ~::=t~t\~~~~~,:_~-:.,.-;;/..
Mayor
Subject: Social Equity Statement for Ordinance eating Article X of Chapter 11A of the Code
establishing paid parental leave for Miami-Dade County and Public Health Trust
employees

The proposed Ordinance creates Article X of Chapter 11A of the County Code establishing paid parental
leave for Miami-Dade County and Public Health Trust employees for the purpose of caring for his or her
newborn, newly-adopted, or newly-placed foster child or children.

Establishing paid parental leave for County and PHT employees will specifically benefit eligible employees by
providing them with up to six (6) weeks of paid leave at 100 percent of base wages for the first two (2) weeks,
75 percent of base wages for the following two (2) weeks, and 50 percent of base wages for the remaining
two weeks.

The benefits of paid parental leave extend beyond positive financial outcomes for County and PHT employees
and include broader, non-monetary benefits to the entire community. Paid parental leave can increase female
labor force participation, making it easier for women to stay in the workforce after giving birth, which
contributes to economic growth, and can encourage men to take leave to serve as caregivers, which has a
number of positive effects for families. Providing paid parental leave can also improve the health and well-
being of both the parent and the child, which provides significant public health benefits.

0~
Edward Marquez
Deputy Mayor
 MEMORANDUM
(Revised)

TO: Honorable Chairman Jean Monestime DATE: February 2, 2016

and Members, Board of County Commissioners

FROM: SUBJECT: Agenda Item No.· 7(K)

Please note any items checked.

"3-Day Rule" for committees applicable if raised

. 6 weeks required between first reading and public hearing

4 weeks notification to municipal officials required prior to public

hearing

Decreases revenues or increases expenditures without balancing budget

Budget required

Statement of fiscal impact required

Statement of social equity required

Ordinance creating a new board requires detailed County Mayor's

report for public hearing

No committee review

Applicable legislation requires more than a majority vote (i.e., 2/3's _,

3/S's __ ,unanimous __ ) to approve

Current information regarding funding source, index code and available

balance, and available capacity (if debt is contemplated) required
Approved ___________ __,_M""'-a,_,o""r Agenda Item No. 7(K)
Veto 2-2-16
Override

ORDINANCE NO.

ORDINANCE CREATING ARTICLE X OF CHAPTER 1lA OF

THE CODE OF MIAMI-DADE COUNTY, FLORIDA
ESTABLISHING PAID PARENTAL LEAVE FOR MIAMI-
DADE COUNTY AND PUBLIC HEALTH TRUST
EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN
THE CODE, AND AN EFFECTIVE DATE

WHEREAS, strong paid family and medical leave policies can help working families

take time off for caregiving responsibilities, as well as their own medical needs, without putting

their economic security at risk; and

WHEREAS, unpaid leave under the federal Family and Medical Leave Act (FMLA)

provides important job protections, and is available to County employees, but many cannot

afford to talce it; and

WHEREAS, providing paid parental leave to County employees would allow them to

continue to earn a portion of their pay while they talce time away from work to care for a

newborn, newly-adopted child or newly-placed foster child; and

WHEREAS, paid parental leave can increase female labor force participation by making

it easier for women to stay in the workforce after giving birth, which contributes to economic

growth, and can encourage men to talce leave to serve as caregivers, which has a number of

positive effects for families; and

WHEREAS, paid parental leave has been shown to improve the health and development

outcomes of children, including increased birthweight, decreased premature births and decreased

infant mortality; and

 Agenda Item No. 7(K)
Page 2

WHEREAS, paid parental leave helps employers recruit talent, increase worker retention

and reduce turnover, saving employers significant costs associated with replacing employees,

while also increasing employee engagement, boosting employee morale, and ensuring a diverse

and inclusive workforce; and

WHEREAS, the United States lags behind many other countries in providing

government-supported time off for new parents, and on January 15, 2015, the White House

issued a presidential memorandum ensuring that federal workers may receive up to six weeks of

paid parental leave; and

WHEREAS, some muni!.;ipalities throughout the United States have recently

implemented paid parental leave programs to bridge gaps where there has been no action on the

state or federal levels; and

WHEREAS, the Board of County Commissioners is committed to improving workplace

opportunities by providing up to six weeks of paid parental leave for County and Public Health

Trust employees,

NOW, THERFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section Article X of Chapter l lA the Code of Miami-Dade County,

Florida, is hereby created to read as follows:

ARTICLE X. - PAID PARENTAL LEAVE FOR MIAMI-

DADE COUNTY AND PUBLIC HEALTH TRUST
EMPLOYEES.

Sec. l lA-80.
(1) Miami-Dade County shall implement paid parental leave for all
of its exempt female and male employees and all other
employees covered by collective bargaining agreements whose
agreements explicitly provide for this benefit for the employee,
 AgendaltemNo. 7(K)
Page 3

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 a natural birth by any
method, adoption, surrogacy, stillbirths, or foster care
placement in the employee's home. Employees who have
worked for Miami-Dade County or the Public Health Trust for
a minimum of one year are eligible for the full duration of paid
parental leave.
(2) The paid parental leave shall be up to six weeks long, and may
be taken by day or week anytime during the first year after the
birth, adoption, or foster care intake of the child or children.
The leave period is fixed 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, 7 5 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 Family
and Medical Leave Act (FMLA) leave, and/or any other unpaid
leave offered by the County due to childbirth or adoption,
including under Chapter 1lA, Article V of this Code (Family
Leave).
(3) The number of paid parental leave periods employees may take
is unlimited over the duration of their employment with the
County, but employees are only eligible for one six-week paid
leave per birth or adoption.
(4) If both parents work for the County, each is entitled to a six-
week leave period as described in subsection (2) of this
Section, and they may take their parental leave period
concurrently, subsequently, or in any other combination they
wish.
(5) The Directors of Human Resources for Miami-Dade County
and the Public Health Trust shall have full authority to issue
policies 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.
 Agenda Item No. 7(K)
Page 4

(6) The Miami-Dade County employee leave manual and the

Public Health Trust employee leave manual shall include
provisions consistent with the requirements of this Article for
paid parental leave.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance

is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby

ordained that the provisions of this ordinance, including any sunset provision, shall become and

be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may

be renumbered or relettered to accomplish such intention, and the word "ordinance" may be

changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective 10 days after the date of enactment

unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this

Board.

PASSED AND ADOPTED:

Approved by County Attorney as

to form and legal sufficiency:

Prepared by:

Marlon D. Moffett

Prime Sponsor: Commissioner Juan C. Zapata

Co-Sponsors: Commissioner Daniella Levine Cava
Commissioner Sally A. Heyman
Commissioner Barbara J. Jordan
Chairman Jean Monestime