HomeMy WebLinkAbout3065 Repealing Chapter 2064 of the PTMC relating to Vacation sick and Other Leave Policies for City Employees Ordinance 3065 Repealing Chapter 2.64
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Ordinance No. 3065
AN ORDINANCE-OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON REPEALING CHAPTER 2.64 OF THE PORT TOWNSEND
MUNICIPAL CODE RELATING TO VACATION, SICK, AND OTHER LEAVE
POLICIES FOR CITY EMPLOYEES
WHEREAS, the City Council has approved Resolution 11-030 (adopted October 24,
2011) approving a new Personnel Policies Manual; and
WHEREAS, the new Manual contains vacation, sick, and other leave policies for
City employees that supersede the existing sections relating to those policies in Chapter 2.64
of the Port Townsend Municipal Code, in order to incorporate employment polices into the
Manual and not have certain policies in the Port Townsend Municipal Code and certain
policies in an employment manual;
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Repeal. Chapter 2.64 - VACATION, SICK, AND OTHER LEAVE
POLICIES FOR CITY EMPLOYEES of the Port Townsend Municipal Code, which sections
are set forth in Exhibit A, attached and incorporated by reference, is hereby repealed.
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 November 8, 2011, which is more
than 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 24th day of October 2011.
Michelle Sandoval, Mayor
Attest: Approved as to Form.
Pamela Kolacy, MMC, City Cle John P. Watts, City Attorney
Exhibit/\10 Ordinance 3065
PIMC2.64
Page of
Chapter 2.64
VACATION, SICK, AND OTHER LEAVE POLICIES FOR CITY EMPLOYEES
Sections:
2,64.010 Definitions.
2.54,020 Vacation allowance — Regular full-time e[np|Oy88.
2 04,O3D Vacation eoCru8| —Annua| leave — Regular full-time employee.
2.84.035 Shared leave.
2.64.040 Sick |88vH 8||ovvonoo — Regular full-time employee.
2.64.045 Family and medical leave (FMLA).
2.64.050 Bereavement leave.
2,64.060 Emergency |88v8.
2 O4 O7D Jury and witness leave.
2.64.080 Administrative leave.
2.64.084 Vacation, sick and other leave benefits — Regular part-time employees.
2.64.080 Vacation, sink and other leave benefitS — Employees other than regular full
-time and regular part-time employees.
2.64.090 Discretionary leave.
2.64.010 Definitions.
A. "Labor agreement" means the most recent agreement negotiated with a union
representing city employees and approved by resolution of the Port Townsend city
council at o regularly scheduled or special council meeting.
B. "Personnel policy manu8|" means the City of Port Townsend Personnel Policy
Manual.
C. Employment Classifications.
1. Regular Full-Time Employee. An employee who has successfully COnnp|et8d an
initial evaluation period as defined in these policies and who regularly works a
minimum of 40 hours 8 week. Regular full-time employees are eligible for all City
benefits.
2. Regular Part-Time ED1p|0y88. An employee who has successfully completed an
initial evaluation period as defined in these policies and who regularly works |eaa
than 40 hours o vveak' but at least 20 hours a week. Regular part-time employees
are eligible for pro-rated benefits.
3. Port-Time Employee. Employees who work |oas than 20 hours 8 vv88k. These
8Dlp|0y8oa are not eligible for city benefits. �
4. |niUo| Evaluation Employee. Employees who have not yet completed their initial �
evaluation period in e regular position. Unless otherwise specified, when "regular �
employees" are referred to in these policies, they shall include those still in their |
initial evaluation period. �
5. Temporary Enlp|ny88. Generally is an individual who is hired either part-time or |
full-time for 8 specified, limited period. A temporary employee may be classified as �
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either exempt or nonexempt. A temporary employee who vv0rkS more than 1.040
regular hours in a work year may be required to join the applicable bargaining unit.
0. Limited Term E0p|0y88n. Employees who hold jobs of limited duration due to
Sp8oio| projects, abnormal work loads, vacancies or emergencies. These
ernp|0yHeS, including temporary, contract, and seasonal employees, are not
eligible for city benefits.
7. Nonexempt (From Overtime) Employee. Generally is subject to the minimum
vv8gH and overtime provisions of the Fair Labor Standards Act (''FLSA") and in
typically paid either on on hourly Or salary basis. !
Exhibit A to Ordinance 3065
PTMC 2.64
Page 2 of 6
8. Exempt (From Overtime) Employee. Is exempt from the provisions of the FLSA
and is not entitled to overtime payments. Exempt employees typically are paid on a
salary basis and include administrative, executive, and professional employees,
and certain highly skilled computer professionals. (Ord. 2980 § 1, 2008; Ord. 2595
§ 2, 1997; Ord. 2543 § 1, 1996; Ord. 1673 § 1, 1973).
2.64.020 Vacation allowance— Regular full-time employee.
Annual vacation time will be allowed each regular full-time employee on the following
basis:
A. Eighty hours for the first full year of service;
B. Ten hours per month for each month of service after 12 months of service until
employed by the city for nine years;
C. Fourteen hours per month for each month of service after nine years;
D. Seventeen hours per month for each month of service after 19 years of service. (Ord.
2980 § 1, 2008; 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 employee.
A. Each regular full-time employee shall be entitled to accrue vacation leave up to 240
hours.
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.
D. Repealed by Ord. 2980.
E. An employee must complete one year in status eligible for annual leave accrual prior
to being eligible to take annual leave.
F. No initial evaluation employee shall receive vacation pay if his or her employment
expires before the completion of one full year of continuous employment. (Ord. 2980
§ 1, 2008; Ord. 2595 § 2, 1997; Ord. 2544 § 1, 1996, Ord. 2543 § 1, 1996; Ord. 2362
§ 2, 1993; Ord. 1998 § 1, 1984; Ord. 1673 § 3, 1973).
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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
Exhibit A to Ordinance 3065
PTMC 2.64
Page 3 of 6
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 department head shall determine that no
significant increase in city costs will occur as a result of a donation of leave.
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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 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 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 finance department shall monitor the use of shared leave to ensure equivalent
Exhibit A to Ordinance 3065
PTMC 2.64
Page 4 of 6
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, it shall determine
appropriate. (Ord. 3025 § 1(Exh. A), 2009; Ord. 2980 § 1, 2008; 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. 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 2,080
hours per year divided by 12 months equals 173 hours, rounded). Sick leave so granted
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and not used shall accrue to the credit of each such employee, up to a maximum total
accumulation of 1,440 hours.
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,
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.
F. 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. 2980 § 1, 2008; 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 of unpaid, job-protected leave during any
12-month period as allowed by applicable federal and state law and as set forth in the
personnel policy manual. 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
Exhibit A to Ordinance 3065
PTMC 2.64
Page 5 of 6
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.
2980 § 1, 2008; Ord. 2543 § 1, 1996).
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2.64.050 Bereavement leave.
An employee who has a death in his or her immediate family will be granted one to three
days bereavement leave, as provided in the personnel policy manual and/or applicable
labor agreement. 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 the same time.
Bereavement leave shall not be deducted from sick leave or vacation leave. (Ord. 2980
§ 1, 2008; 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. 2980 § 1, 2008; Ord. 2677 § 18, 1999; Ord. 2543 § 1, 1996; Ord. 1998 § 4, 1984).
2.64.070 Jury and witness leave.
An employee 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 personnel policy manual. (Ord. 2980 § 1, 2008; 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. 2980 § 1, 2008; Ord. 2677 § 19, 1999;
Ord. 2595 § 2, 1997).
2.64.084 Vacation, sick and other leave benefits — Regular part-time employees.
A. Vacation and Sick Leave Benefits. Regular part-time employees are entitled to
vacation and sick leave benefits as follows: for each 173 hours of work, the employee
receives the same leave allowance earned by a regular full-time employee. For
example, a regular full time employee earns eight hours of sick leave per month (173
hours). A regular part-time employee who works (say) 50 hours a month accumulates
eight hours of sick leave after working three and one-half months, rounded (50 hours for
three months plus 23 hours).
B. Other Leave Benefits. Regular part-time employees are entitled to leave benefits,
Exhibit A to Ordinance 3065
PTMC 2.64
Page 6 of 6
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 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 five hours
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per day, and gets three days bereavement leave, receives 15 hours of paid time off.
(Ord. 2980 § 1, 2008).
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. (Ord. 2980 § 1, 2008).
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
interfered 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 the 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: 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
based 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. 2980
§ 1, 2008; Ord. 2789 § 1, 2001; Ord. 2677 § 20, 1999; Ord. 2595 § 2, 1997).
This page of the Port Townsend Municipal Code is current
through Ordinance 3053, passed December 6, 2010.
Disclaimer: The City Clerk's Office has the official version of the
Port Townsend Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
City Website:
City Telephone: (360) 379-5045
Code Publishing Company
(I-ittp://www.codepublishing.corri/)
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