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HomeMy WebLinkAbout3025 Employee Shared LeaveOrdinance 3025 PTMC 2.64.035 -Shared Leave Ordinance No. 3025 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC 2.64.035 ON SHARED LEAVE RECITALS: A. The City permits employees to receive shazed leave under certain conditions and up to a limit of 640 hours of shared leave. B. The City Council deems it appropriate to allow the City Manager, for good cause, to permit an employee to receive more than 640 hours of shared leave. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. Amendment. PTMC 2.64.035 is hereby amended to read as follows (strike is deleted and underline is new): See Attached Exhibit 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 nineteenth day of October, 2009. ~'l ~c:~~c.E,c-~ >~--~~Le~r~t,~ Michelle Sandoval. Mayor ~\A/t~tJe~,~sJ/t: Pamela Kolacy, MMC, City C k Approved as to Form: J -`~ . John P. Watts, City Attorney Ordinance 3025, ExhibitA Page 1 oft 12.64.035 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 Ian illness, injury, impairment, or physical or mental condition which is of an lextraordinary 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, provided, for good cause, the City Manager ', may on such conditions as the City Manager deems appropriate, permit an ,employee to receive more than 640 hours. 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 '.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 Ordinance302~, ExhibitA Puge 2 of 2 ',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 ireatment, 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 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 loriginal 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 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 representative I .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. 2980 § 1, 2008; Ord. 2677 § 17, '.1999; Ord. 2543 § 1, 1996; Ord. 2187 § 1, 1990).