HomeMy WebLinkAbout2980 Employee Vacation, Sick Leave and Other Leave PoliciesOrdinance No. 2980
AN ORDINANCE OF THE CITY OF PORT TOWNSEND
AMENDING THE PORT TOWNSEND MUNICIPAL CODE
CHAPTER 2.64 ,VACATION, SICK, AND OTHER LEAVE
POLICIES FOR CITY EMPLOYEES
WHEREAS, the City Council determines it appropriate to revise existing
Chapter 2.64 PTMC concerning vacation, sick, and other leave policies for city
employees to update definitions and classification of employees; and
WHEREAS, the City Council determines it appropriate to provide for benefits
for regular full-time and regular part-time employees only, which is in line with other
cities which do not provide benefits to employees who work on a limited (less than one-
half time) basis;
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Amendment. Chapter 2.64 VACATION, SICK, AND OTHER LEAVE
POLICIES FOR CITY EMPLOYEES of the Port Townsend Municipal Code is hereby
amended to read as follows (text in strikeout is deleted, text in underline is added):
SEE ATTACHED -ATTACHMENT A
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this fourth day of August 2008.
Mi'hell, e San ova ayor
Attest:
Pamela Kolacy, MMC
City Clerk
Approved as to Form:
.J
John P. Watts
City Attorney
ATTACHMENT A
Chapter 2.64
VACATION, SICK, AND OTHER LEAVE POLICIES FOR CITY EMPLOYEES
Sections:
2.64.010 Definitions.
2.64.020 Vacation allowance -Reqular Full-Time Emplovee.
2.64.030 Vacation accrual -Annual leave -Reqular Full-Time Emplovee.
2.64.035 Shared leave.
2.64.040 Sick leave allowance -Reqular Full-Time Emplovee.
2.64.045 Family and medical leave (FMLA).
2.64.050 Bereavement leave.
2.64.060 Emergency leave.
2.64.070 Jury and witness leave.
2.64.080 Administrative leave.
2.64.084 Vacation Sick and Other Leave Benefits -Reqular Part-Time
Emplovees.
2.64.086 Vacation Sick and Other Leave Benefits -Emplovees Other than
Reqular Full-Time and Reqular Part-Time Emplovees.
2.64.090 Discretionary leave.
2.64.010 Definitions.
A. "Labor agreement" means the most recent agreement negotiated with ttaea
union representing City employees '^+°r^^'~^^^' or..:h°rh^^a ^s T^.,.,,~.^.~ and
approved by resolution of the Port Townsend City Council sits-seaasi4 at a
regularly scheduled or special council meeting.
B. "Personnel policy manual," means the City of Port Townsend Personnel
Policy Manual.
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per-meath- (Ord. 2595 § 2, 1997; Ord. 2543 § 1, 1996; Ord. 1673 § 1, 1973)
C. Employment Classifications.
1. Reqular Full-Time Emplovee: An employee who has
a week. Reqular full-time employees are eligible for all City
benefits.
2. Reqular Part-Time Emplovee: An employee who has
successfully completed an initial evaluation period as defined in
Ordinance 2980 -Attachment A
these policies and who regularly works less than 40 hours a
week, but at least 20 hours a week. Regular part-time
emplovees are eligible for pro-rated benefits.
3. Part-Time Emplovee: Employees who work less than
twenty (20) hours a week. These emplovees are not eligible for
City benefits.
4. Initial Evaluation Emplovee: Emplovees who have not vet
completed their initial evaluation period in a regular position.
Unless otherwise specified, when regular emplovees are
referred to in these policies, they shall include those still in their
initial evaluation period.
5. Temporary employee -generally is an individual who is
hired either part-time or full-time for a specified, limited period.
A temporary employee may be classified as either exempt or
nonexempt. A temporary employee who works more than one
thousand forty regular hours (1040) in a work year may be
required to loin the applicable bargaining unit.
6. Limited Term Emplovees: Emplovees who hold iobs of
limited duration due to special protects abnormal work loads
vacancies or emergencies. These emplovees, including
temporary, contract, and seasonal emplovees are not eligible
for City benefits.
7. Nonexempt (from overtime) employee -generally is
subject to the minimum wage and overtime provisions of the
Fair Labor Standards Act ("ELBA") and is tvpically paid either on
an hourly or salary basis.
8. Exempt (from overtime) employee - is exempt from the
provisions of the FLSA and is not entitled to overtime payments.
Exempt emplovees tvpically are paid on a salary basis and
include administrative, executive, and professional emplovees,
and certain highly skilled computer professionals.
2.64.020 Vacation allowance -Regular Full-Time Emplovee.
A. Annual vacation time will be allowed each regular full-time employee on the
following basis
1. Eighty hours for the first full year of service;
2. Ten hours per month for each month of service after 12 months of
service until employed by the city for nine years;
Ordinance 2980 -Attachment A
3. Fourteen hours per month for each month of service after nine years;
4. Seventeen hours per month for each month of service after 19 years of
service.
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s~o:s;r (Ord. 2543 § 1, 1996; Ord. 2362 § 1, 1993; Ord. 1835 § 1, 1979; Ord
1673 § 2, 1973).
2.64.030 Vacation accrual -Annual leave -Regular Full-Time Emolovee.'
A. Each regular full-time employee shall be entitled to accrue vacation leave
up to 240 hours
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B. Each employee's anniversary date for calculation of vacation accrual shall
be 12 months after entering the full-time service of the city.
C. All accumulated annual leave is allowed when employee leaves employer's
employment for any reason. Accumulated leave means vacation due and
unused after completion of the first year of eligible employment.
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3 Ordinance 2980 -Attachment A
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E. An employee must complete one year in status eligible for annual leave
accrual prior to being eligible to take annual leave.
F. No prebatieaary initial evaluation employee shall receive vacation pay if his
or her employment expires before the completion of one full year of continuous
employment. (Ord. 2595 § 2, 1997; Ord. 2544 § 1, 1996, Ord. 2543 § 1, 1996;
Ord. 2362 § 2, 1993; Ord. 1998 § 1, 1984; Ord. 1673 § 3, 1973).
'Code reviser's note: The ordinance codified in this section is effective
retroactive from August 19, 1996.
2.64.035 Shared leave.
A. Intent. The purpose of shared leave is to permit city employees, at no
additional employee cost to the city other than the administrative costs of
administering the program, to come to the aid of a fellow city employee who is
suffering from or has an immediate family member suffering from an
extraordinary or severe illness, injury, impairment, or physical or mental condition
which has caused or is likely to cause the employee to take leave without pay or
to terminate his or her employment.
B. A department head, with the approval of the city manager, may permit an
employee to receive shared leave under this section if:
1. The employee suffers, or has an immediate family member suffering
from an illness, injury, impairment, or physical or mental condition which is of an
extraordinary or severe nature and which has caused, or is likely to cause, the
employee to go on leave without pay status or to terminate his or her
employment with the city;
2. The employee has depleted or will shortly deplete his or her total accrued
vacation, sick leave, compensatory time, holiday time and/or other paid leave;
3. Prior to the use of shared leave, the employee has abided by the city's
sick leave policy;
4. The employee has diligently pursued and is found to be ineligible for
state industrial insurance benefits;
5. The use of shared leave will not significantly increase the city's costs,
except for those costs which would otherwise be incurred in the administration of
this program or which would otherwise be incurred by the employee's
department.
C. The department head, with the concurrence of the city manager, shall
determine the amount of shared leave, if any, which an employee may receive
under this section. The employee shall be required to provide appropriate
medical justification and documentation both of the necessity of the leave and
the time which the employee can reasonably be expected to be absent due to
the condition. An employee shall not receive more than a total of 640 hours of
shared leave throughout the employee's employment. To the extent possible,
shared leave should be used on a consecutive basis.
D. Employees may request their department head to approve the transfer of a
specified amount of accrued vacation leave to an employee who is authorized to
4 Ordinance 2980-AttachmentA
receive shared leave as provided in this section. In order to be eligible to donate
vacation leave, an employee must have a total of more than 80 hours of accrued
vacation leave and have taken at least 80 hours of vacation leave within the
calendar year. In no event shall a transfer of leave be approved which would
result in an employee reducing his or her total vacation leave in a calendar year
to less than 80 hours. The department head shall not transfer vacation leave in
excess of the amount specified in the request. All donations of leave shall be
voluntary. The department head shall determine that no significant increase in
city costs will occur as a result of a donation of leave.
E. Leave may be transferred from employee(s) from one department to an
employee of the same department, or, with the concurrence of both department
heads, to an employee of another department.
F. While an employee is on shared leave, he or she will continue to be
classified as a city employee and shall receive the same treatment, in respect to
salary and benefits, as the employee would otherwise receive if using vacation
leave.
1. All salary benefits payments made to the employee on a shared leave
shall be made by the department employing the person using the shared leave.
2. The employee's salary rate shall not change as a result of being on
shared leave nor, under any circumstances, shall the total of the employee's
salary and other benefits, including but not limited to state industrial insurance or
any other benefit received as a result of payments by the city to an insurer,
health care provider or pension system, exceed the total of salary and benefits
which the employee would have received had he or she been in a regular pay
status.
G. Vacation leave shall be transferred on adollar-for-dollar basis. The value of
leave shall be determined at the current hourly rate of the transferor and the
leave available to the receiving employee shall be calculated at the receiving
employee's wage.
H. The trea~~ Finance department shall be responsible for computing the
values of donated leave and shared leave, and shall also be responsible for
adjusting the accrued leave balances to show the transferred leave. Records of
all leave time transferred shall be maintained in the event any unused time is
returned at a later date.
I. The value of any leave transferred which remains unused shall be returned
at its original value to the employee or employees who donated the leave. The
department head shall determine when shared leave is no longer needed. To the
extent administratively feasible, the unused leave shall be returned on a pro rata
basis.
J. The trea~a;~ Finance department shall monitor the use of shared leave to
insure. equivalent treatment for all employees of the city. Inappropriate use or
treatment of the shared leave provision may result in cancellation of the donated
leave or use of shared leave.
K. This program has been established by the city in its sole discretion and may
be canceled at any time. Participation in the program shall be predicated upon a
receipt from the union of a written waiver by the appropriate union bargaining
5 Ordinance 2980 -Attachment A
representative indicating that the union understands that the program shall not
establish a past practice by the city or otherwise obligate the city to continue the
program and acknowledge that the city may cancel the program at any time, if, in
its sole discretion, it shall determine appropriate. (Ord. 2677 § 17, 1999; Ord.
2543 § 1, 1996; Ord. 2187 § 1, 1990).
2.64.040 Sick leave allowance -Regular Full-Time Employee.
A. Accrual of Sick Leave. Sick leave accrues and accumulates from the date
of employment-as-anal^~.pl~ee T^^~^^r°^• ^ ^n' °^~^'^„°°° rl^
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^r ^,^r° ^nl°^.+nr r,n„r. r Regular, full-time employees shall accumulate sick
leave at the rate of eight hours per month (calculated at 173 hours per month,
rounded based on 2080 hours per year divided by 12 months equals 173 hour,
rounded F .In h.. °L ° ^In..°°~. ...~ c° n h^~ r r mnn+h fr.r 4G
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Sick
leave so granted and not used shall accrue to the credit of each such employee,
up to a maximum total accumulation of 1,440 hours f^r nn hn r^ ,°°L
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B. Allowable Uses of Sick Leave. Sick leave shall not be considered as a
privilege which the employees may use at their discretion, but shall only be used
as allowed by law, ^' °~'~~ ^-' ^^+~ ^' ^L^ ~'~°^"'~'~~
'~ ~"°r ^°*'^~*" '^ ^^~~ applicable labor agreement, and/or
the personnel policy manual.
C. Administration of Sick Leave. Sick leave pay shall be payable at an hour-
for-hour rate for time of absence due to bona fide illness, injury, or other medical
necessity. The employer may request certification from the attending physician,
dentist or other medical practitioner as proof of such illness or visit. Payment to
any employee for time lost through illness shall be made only after written
approval of the supervisor in charge.
D. Credit. Any amounts received on account of industrial insurance or other
governmental payment shall be credited to sick leave and the city shall pay only
the balance required to make the payment to the employee for the employee's
regular compensation.
E. Consequences of Misuse of Sick Leave. Repeated application for sick leave
without just cause, false application or the furnishing of any false information
concerning use of sick leave by .any employee is declared to be grounds for
suspension without pay or loss of employment at the discretion of the employer.
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6 Ordinance 2980 -Attachment A
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F. k~Termination of Employment. Accumulated sick leave is canceled upon
termination of employment. Employees shall not be paid for any unused sick
leave upon leaving employment for any reason. (Ord. 2595 § 2, 1997; Ord. 2543
§ 1, 1996; Ord. 1998 § 2, 1984; Ord. 1673 § 4, 1973).
2.64.045 Family and medical leave (FMLA).
Employees shall be entitled to up to 12 weeks unpaid, job-protected leave
during any 12-month period as allowed by applicable federal and state law and
as set forth in the personnel policv manual. fo^.r-a„T-af ;h° f~~l~::';^y r°.,,,,,,..,: ~?;
'+h 4h I /+ h nl r7°rl u.'+h'n 17 mi. n+hc of 4h° h'r+h n nl°...,m°nf\~
r
~2\ }n_~r°~n~~~~ !ln iv h+°r n °n# .~rhn hnc o ° c hcnl+h
, n m °m
Tr!'~''+' /4\ h 4h nlr.v°° 'c -~hl° 4r. n°rfnr nl°vm°n+ .+ h'°c rJ
+° .. ,^ h°°I+h ,.nn,#;#:r.n, During such leave period the employer shall
continue the employee's health insurance benefits on the same basis as active
employees.
A. Qualification. To qualify for FMLA leave, the employee must have worked
for at least 12 months and must have worked at least 1,250 hours during the 12-
month period preceding the leave.
B. Leave Availability. For purposes of calculating the amount of leave
available, the "12-month period" is a rolling 12-month period measured
backwards from the date an employee applies for any FMLA leave.
C. Use of Accrued Sick Leave. If the employee has any accrued sick leave
available that may be used for the kind of FMLA leave the employee is taking,
the employee must use that paid sick leave as part of the FMLA leave. Use of
accrued vacation time for FMLA leave is optional for the employee.
D. Notice to Employer. The employee must provide the department head 30
days' advance notice when FMLA leave is foreseeable. The employer may
require medical certification to support a request for leave based on a serious
health condition. (Ord. 2543 § 1, 1996).
2.64.050 Bereavement leave.
Employees who have a death in his or her immediate family will be granted
one to three days bereavement leave, as provided in the personnel policv
manual and/or applicable labor agreement. "'^'m°~'~^#° °°^~'~'' f^r +"° ^ ^s~f
4h'c °.~+'.. .. h..ll h.. ra°fin°.# 1, .++h°r f.,lh., ^#°nn°r°Mo nhellr°.,
fathef-is-Iav,F When approved by the department head or designee, an extension
of bereavement leave may be granted for the employee where conditions
necessitate it. An employee shall not be entitled to both bereavement leave pay,
holiday pay, sick leave pay or vacation pay, or any more than one of those, for
7 Ordinance 2980 -Attachment A
the same time. Bereavement leave shall not be deducted from sick leave or
vacation leave. (Ord. 2543 § 1, 1996; Ord. 2482 § 1, 1995; Ord. 1998 § 4, 1984).
2.64.060 Emergency leave.
In the event of a need for emergency leave, the employee shall notify the
department or the city manager prior to taking emergency leave. Emergency
leave may be granted up to five days per calendar year - nonaccumulative from
year-to-year. Such emergency leave may cover military orders, serious illness of
spouse or parent, or other compelling reasons as determined by the department
head or designee. There shall be no pay deduction for approved emergency
leave. Emergency leave shall not be deducted from sick leave or vacation leave.
Emergency leave shall only be granted for hours missed from the employee's
regularly scheduled shift of work. Employees must have the approval of the
department head or designee, prior to payment for emergency leave. (Ord. 2677
§ 18, 1999; Ord. 2543 § 1, 1996; Ord. 1998 § 4, 1984).
2.64.070 Jury and witness leave.
Employees called for jury duty in any municipal, county, state, or federal court
shall provide his/her supervisor with a copy of the jury duty summons as soon as
possible after receiving it. The employee shall be paid regular compensation
minus any compensation provided by the court for jury duty, excluding expense
reimbursements for travel and so forth. The employee must provide
documentation to the employer of the amount of compensation received for jury
duty. Salary payment for witness duty shall be as set forth in the 'o.ty-^~°~^,~'z
T .~ o e~ o,.r,.,, nn-. ~~ he.e..u~. °personnel policy manual." (Ord.
2595 § 2, 1997; Ord. 2543 § 1, 1996).
2.64.080 Administrative leave.
The city manager is authorized to place an employee on administrative leave,
as further set forth in the personnel policy manual. (Ord. 2677 § 19, 1999; Ord.
2595 § 2, 1997).
2.64.084. Vacation, Sick and Other Leave Benefits -Regular Part-Time
Emplovees.
A. Vacation and Sick Leave Benefits: Regular Part-Time Emplovees are entitled
employee. For example, a regular full time employee earns 8 hours of sick leave
per month (173 hours). A regular part-time employee who works (say) 50 hours a
month accumulates 8 hours of sick leave after working 3 Yz months rounded (50
hours for 3 months plus 23 hours).
B. Other Leave Benefits: Regular Part-Time Emplovees are entitled to leave
benefits, other than vacation and sick leave benefits, on the same basis as a full-
time regular employee, as follows: a day of leave is paid for the number of hours
8 Ordinance 2980 -Attachment A
the employee was scheduled to work (or if not scheduled to work the average
number of hours per work day worked in the preceding quarter). For example;
an employee who works 5 hours per day and pets 3 days bereavement leave,
receives 15 hours of paid time off.
2.64.086. Vacation, Sick and Other Leave Benefits -Employees Other than
Regular Full-Time and Regular Part-Time Employees.
Employees other than regular full-time employees and regular part-time
employees do not earn benefits.
2.64.090 Discretionary leave.
The city manager is authorized to grant additional discretionary leave to
specified employees under the terms set forth in the personnel policy manual.
The city manager shall be authorized to allow for a conversion of discretionary
leave time once annually under the terms of this section upon a finding that
circumstances have limited or intertered with the employee benefiting from the
use of discretionary leave. The city manager may entertain a request from an
employee to convert to pay an amount not to exceed 80 hours of accrued
discretionary leave in any one calendar year. The employee must make the
election to do so in writing to the city manager by November 30th of each
calendar year citing the circumstances that prevented employee from using
discretionary leave during the year. The employee must have taken a minimum
of one consecutive week of leave during the year. Examples of acceptable
circumstances that the city manager shall consider in making a determination
may include, but are not limited to, the following examples: additional work due
to capital program initiatives, departmental employment turnover, emergent
community programs, emergency conditions, time sensitive work plans, etc. The
city manager shall approve, amend or deny the request base solely upon the city
manager's discretion and judgement of the individual merits of the request. For
2001, the election shall be made by December 31, 2001. (Ord. 2789 § 1, 2001;
Ord. 2677 § 20, 1999; Ord. 2595 § 2, 1997).
9 Ordinance 2980 -Attachment A