HomeMy WebLinkAbout2543 Vacation and Sick Leave - FMLA PolicyOralnance No.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 2.64, VACATION AND SICK LEAVE FOR CITY EMPLOYEES,
OF THE PORT TOWNSEND MUNICIPAL CODE, TO IMPLEMENT
CHANGES TO EMPLOYEE LEAVE POLICIES PURSUANT TO
NEGOTIATED LABOR AGREEMENTS AND TO ADOPT A FAMILY AND
MEDICAL LEAVE ACT (FMLA) POLICY
WHEREAS, in April and May of 1996, the City Council approved labor agreements for
City employees for 1996 through 1998; and
WHEREAS, the labor agreements revised certain "leave" rights of employees and set
policies to implement the federal Family and Medical Leave Act (FMLA); and
WHEREAS, the City Council hereby amends relevant city code sections governing
employee leave fights and policies consistent with the labor agreements,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
~. Chapter 2.64, Vacation and Sick Leave for City Employees, of the Port
Townsend Municipal Code is hereby amended to read as follows:
Chapter 2.64
VACATION AND SICK LEAVE FOR CITY EMPLOYEES
Sections:
2.64.010
2.64.020
2.64.030
2.64.035
2.64.040
2.64.045
2.64.050
2.64.060
2.64.070
~v~u,m v,-t.,~,y~a Definitions.
Vacation allowance.
Vacation accrual - Annual leave.
Shared leave.
Sick leave allowance.
Family and Medical Leave (FMLA).
Bereavement leave.
Emergency leave.
Jury. Duty.
2.64.010 Regulza- ¢inployees Definitions.
A. Labor Agreement. Labor agreement means the most recent agreement negotiated
with the International Brotherhood of Teamsters and approved by resolution of the Port Townsend
city council at a regularly scheduled council meeting.
B. Part-time employees. Part-time employees are employees who work less than 80
hours per month, excepting temporary and seasonal employees.
C. Regular employees. Regular employees, as the term is hereinafter used, shall be
those employees of the city who, in the regular course of their duties, are employed not less than
seven hours each day during each full working day of the year, and who are not subject to union
contracts. (Ord. __ § 1, 1996; Ord. 1673 § 1, 1973).
2.64.020 Vacation allowance.
A. Annual vacation time will be allowed each employee on the following basis for
employees working a 40-hour per week shift:
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;
3. Fourteen hours per month for each month of service after t-9 nine years;
4. Seventeen hours per month for each month of service after 19 years of service.
B. Annual vacation time will be allowed each employee on the following basis for
employees working a 35-hour per week shift:
1. Seventy hours for the first full year of service;
2. Nine hours per month for each month of service after 12 months of service until
employed by the city for nine years;
3. Twelve hours per month for each month of service after nine years of service
until employed by the city for 19 years;
4. Fifteen hours per month for each month of service after 19 years of service.
C. Annual vacation time will be allowed each employee on the following basis for
employees working a 24-1/2-hours-on 47-1/2 48-hours-off schedule:
1. One hundred ~-o hours for the first full year of service;
2. Thirteen hours per month for each month of service after ~ 13 months of
service until employed by the city for nine years;
3. Seventeen hours per month for each month of service after nine years of service
until employed by the city for 19 years;
4. Twenty-one hours per month for each month of service after 19 years of service.
(Ord. § 1, 1996; Ord. 2362 § 1, 1993; Ord. 1835 § 1, 1979; Ord. 1673 § 2, 1973).
2 ora.
2.64.030 Vacation accrual - Annual leave.
A. Each employee shall be entitled to accrue vacation leave up to 240 hours if working a
40-hOur per week schedule, up to 210 hours if working a 35-hour per week schedule, and up to
506 336 hours if working a 24-hours-on 48-hours-off schedule.
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·
work per monhh. Regular part-time employees, exce.nt temporary and seasonal employees, shall
accumulate vacation time at the same rate as regular employees, calculated as follows:
L After the first year of service, eight hours of vacation time for each 173
hours worked during the first year;
2. Ten hours for each 173 hours worked in each year of service after 12
months of service until employed by the city for nine years;
3. Fourteen hours for each 173 hours worked in each year of service after nine
years of service until employed by the city. for 19 years;
4. Seventeen hours for each 173 hours worked in each year of service after 19
years of service.
E. An employee must complete one year in status eligible for annual leave accrual prior
to being eligible to take annual leave.
F. No probationary employee shall receive vacation pay if his or her employment expires
before the completion of one full year of continuous employment.
(Ord. § 1, 1996; Ord. 2362 § 2, 1993; Ord. 1998 § 1, 1984; Ord, 1673 § 3, 1973).
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.
3 Ord.
B. A department head, with the approval of the mayor, 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 mayor, 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 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.
4 Ord. o .sq 3
2. The employee's salary ram 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, exceexl 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 a dollar-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 eterk~treasurer's 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 cleric--treasUrer's 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 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, shall determine appropriate. (Ord. __ § 1, 1996; Ord. 2187 §
1, 1990).
2.64.040 Sick leave allowance.
A. Employees shall accumulate sick leave at the rate of one day for each month in which
an employee is in pay status for 15 or more calendar days, Regular part-time employees shall be
eligible for siCk leave as provided in this section, but in proportion to the number of hours the
employee is scheduled in writing to work. Sick leave so granted and not Used shall accrue to the
credit of each such employee, up to a maximum total accumulation of 180 days. ~
accrual for employees working a 24-hours-on 48-hours-off schedule shall be in accordance with
the applieable labor agreement.
5 Ord.
B. Sick leave shall not be considered as a privilege which the employees may use at their
discretion, but shall only be used in case of necessity and actual sickness or disability. No
employee shall be entitled to sick leave until he shall have been employed by the employer
continuously for at least six months. After the first six months, sick leave shall accrue as provided
in this section. If an employee quits, the sick leave shall be canceled.
C. Sick leave pay shall be payable at the rate of one day,s pay (or portion thereof) for each
day (or portion thereof) of absence due to bona fide illness, injury, doctor or dentist visit. The
employer may request certification from attending physicians or dentist as proof of such illness
or visit.
D. 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. Payment to any employee for t/me lost through illness shall be made only after written
approval of the supervisor in charge.
F. Repeated application for sick leave without just cause, false application or the furnishing
of any false information with reference thereto by any employee is declared to be grounds for
suspension without pay or loss of employment at the discretion of the employer.
G. Maternit cave is considered a form of sick leave.. -- ~ ---'" be ...... ~ as ~,,,..
tnll~ltt~ 111 ~I~L~ gUll. l,
o~ .,, ~.j~,~, ~ ~,,.~,~.,,., w~,,~,,~J, Fifty ~50) worhng days of accm~ sick lmve
may be ~en at the time of birth or adoption of a child gr~n~ ii~iiiiaiii, bu~ n~as~ be accra~
e~,.~ [~ ~.~ g~,~. For employes wor~g 24-hours-on 48-hours-off sch~ules, seVenty (70)
calend~ days of accrual sick lmve may be taken as maternity l~ve.
I-I. Paternity leave is considered a form of sick leave. Ten (10) working days of
accrued sick leave may be taken at the time of birth or adoption of a child.
(Ord. ~ § 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 twelve (12) weeks unpaid, job-protected leave during any
twelve (12) month period for any of the following reasons: (1) to care for a child after birth or
placement of a child for adoption or foster care with the employee (to be concluded within 12
months of the birth or placemen0; (2) to care for a spouse, son, daughter or parent who has a
serious health conditiOn; or (3) when the employee is unable to perform employment duties due
to a serious health condition. During such leave period the Employer shall continue the
employee's health insurance benefits on the same basis as active employees.
6 Ord.
A. Qualification. To qualif.v for FMLA leave, the employee must have worked for
at least twelve (12) months and must have worked at least 1,250 hours during the twelve (12),
month period preceding the leave.
B. I rove Availability.. For pu .rposes of calculating the amount of leave available, the
"12-month period" is a rolling 12-month ~riod 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 thirty (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.
2.64.050 Bereavement leave.
An Employees who has have a death in his immediate family will be granted one (1) to three LTl
ays ereavement leave,,
"Immediate family" for the purpose of this section shall be defined as mother, stepmother;, father,
stepfathexp_ arents, spouse, children, ste~hildren, grandchildren, sister, brother,
mother-in-law and father-in-law. When approved by the mayor department head or designee, an
extension of emergency 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 the same time. Bereavement leave
shall not be deducted from sick leave or vacation leave at-any-time. (Ord. __ § 1, 1996;
Ord. 2482 § 1, 1995; Ord. 1998 § 4, 1984).
2.64.060 Emergency leave.
Emergency Leave. In the event of a need for emergency leave, the employee shall notify the
d ~epartment or the Mayor prior to taking emergency leave. Emergency leave may be granted up
to five (5) days ~r calendar year -- non-accumulative from year,to-year. Such emergency leave
may cover militam, 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.
7 Ord. o~,5 ~3
l~V~
--' ......... ' ............ ' ..... (Ord. ~ 1, 1996; Ord. 1998 ~ 4, 1984).
2.64.070 Jury. duty.
Employees called for jury. duty in any municipal, county, state, or federal court shall advise the
EmPloyer u.non receipt of such call. The employee shall be paid regular comFensation minus any
compensation received from jury. duty (other than travel pay). The employee must provide
documentation to the Employer of the amount of compensation received for jury. duty..
(Ord.__ § 1, 1996.)
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.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held 19th day of August, 1996.
Attest:
P~tm Kolacy, City Clerk
08/08/96 [FMLA 96-0341 Ord\{Ch2-64.doc}
Ju~McCulloch, Mayor
Approved as to Form:
ity Attorney
8 Ord. ,5q3