Chapter 2.68 EMPLOYEE VACATION AND SICK LEAVE POLICY

A. “Employee” means any person holding any place of employment for the city in any of its departments for which a salary or wage is paid by the city, including the policemen of the city, and excepting only the mayor, city council, city attorney, municipal court judge, and all other members of boards or commissions of the city not having other employment with the city.

B. “Full-time elected official” means any person elected by the citizens of the city and who otherwise falls within the definition of “full-time employee.”

C. “Full-time employee” means any person who devotes his full time during working hours to the service of the city on a year-round basis.

D. “Part-time employee” means any person employed by the city who devotes only a part of his time during working hours to the service of the city, but is hired on the basis of less than year-round employment.

E. “Immediate family” is defined to be persons related by blood or marriage to an employee as follows: grandmother, grandfather, mother, father, husband, wife, son, daughter, legally adopted child, brother, sister, grandchild, and any persons for whose financial or physical care the employee is principally responsible. When there is doubt as to the meaning of “immediate family,” the mayor and department heads shall have the authority to interpret and apply this definition on a case-by-case basis. (Ord. 1585 § 6, 2004; Ord. 791 § 1, 1980; Ord. 559 § 1, 1975).

2.68.020 Vacation earnings.

A. Full-time nonunion employees shall earn vacation according to the following schedule:

1. One through three years, eight hours per month;

2. Four through nine years, 10 hours per month;

3. Ten through 14 years, 10-1/2 hours per month;

4. Fifteen or more years, 13-1/2 hours per month.

B. An employee who enters service before the sixteenth or leaves after the fifteenth day of the month shall earn a day of vacation for that month.

C. Employees not completing one year of service shall not be entitled to any vacation pay.

D. Vacation pay shall be calculated in the following manner:

Annual wage = hourly wage
2080

Hourly rate times hours of vacation requested = vacation pay for requested period.

E. All full-time nonunion employees shall be granted the same accumulated vacation hour maximums as in the public works labor agreement as now stated or hereinafter as amended.

F. All permanent part-time employees who work a minimum of 20 hours per week shall be granted an amount of vacation leave proportional to the number of hours worked within a month by a full-time employee. (Ord. 1407 § 1, 1999; Ord. 1228 § 1, 1994; Ord. 993 § 1, 1986; Ord. 785 § 1, 1980; Ord. 589 § 1, 1976; Ord. 559 § 2, 1975).

2.68.040 Vacation schedules.

A. The head of each department shall establish a vacation schedule for his department so that the department may operate effectively. The head of the department shall have first choice as to the periods of vacation so established. His assistant has second, and where two or more employees desire the same choice of vacation, the employee having greatest seniority in service to the city shall have the first choice.

B. The heads of various departments shall deposit the tentative schedule of vacations with the mayor for approval before the schedule becomes effective.

C. The vacation periods may be granted at such time or times during each calendar year as the head of each department may determine will cause the least interference with the performance of the regular work of the city. (Ord. 1186 § 1, 1992; Ord. 559 § 3, 1975).

2.68.050 Advanced vacation leave – Termination.

Advanced vacation leave can be approved by the mayor and deducted from the final paycheck if terminated before earned. (Ord. 559 § 3, 1975).

2.68.070 Termination due to death, reduction in force, resignation, dismissal or retirement – Vacation.

Employees of the city whose employment is terminated by death, reduction in force, resignation, dismissal, or by retirement, and who have accrued vacation leave pursuant to this chapter, shall be paid therefor under the conditions set herein, or to their estate if they are deceased, or if the employee in case of voluntary resignation has provided 30 days’ notice of termination of his employment. The 30-day notice of termination may be waived upon approval by council. (Ord. 559 § 4, 1975).

2.68.080 Termination – Extra days of vacation.

Extra days of vacation accrued pursuant to this chapter shall be prorated according to the number of full months worked by an employee in the year his employment terminated. (Ord. 559 § 4, 1975).

2.68.090 Holidays – Opening of City Hall Complex.

The City Hall Complex shall remain open on all working days, which working days shall be Monday, Tuesday, Wednesday, Thursday, and Friday of each week, providing, however, that in the event one of the holidays named in PMC 2.68.100 falls on a working day, then the closure of the City Hall Complex shall be authorized by the city council, only providing, however, in case of emergency, the mayor may authorize additional closures. (Ord. 559 § 5, 1975).

2.68.100 Holidays – Designated.

A. Each full-time employee shall be entitled to one day’s salary on each of the following days, which are declared to be official holidays:

New Year’s Day

Dr. Martin Luther King, Jr. Day

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Day after Thanksgiving

Christmas

One “floating holiday” to be observed on day of employee’s choice.

B. Any day designated by public proclamation of the chief executive of the state as a legal holiday providing, however, that these proclaimed holidays shall be ratified by the mayor and council one week prior to the holiday. If any of the above specified state holidays are also federal legal holidays, but observed on different dates, only the state legal holidays shall be recognized as paid holidays. Whenever any legal holiday, other than Sunday falls upon a Sunday, the following Monday shall be a legal holiday. Whenever any legal holiday, other than Saturday, falls upon a Saturday, Friday shall be a legal holiday. Any day may be designated a holiday by the city council.

C. Each employee shall be entitled to the above designated floating holiday only on the following conditions:

1. The employee has been or is scheduled to be continuously employed by the city for more than four months; and

2. The employee has given not less than 14 calendar days’ written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date; and

3. The number of employees selecting a particular day off does not prevent a department from providing continued public service; and

4. The personal holiday must be taken during the calendar year or entitlement to the same will lapse, except when an employee has requested a personal holiday and the request has been denied.

D. All permanent part-time employees who work a minimum of 20 hours per week shall be granted an amount of an official holiday proportional to the number of hours worked within a month by a full-time employee. (Ord. 1407 § 2, 1999; Ord. 993 § 2, 1986; Ord. 618 § 1, 1976; Ord. 602 § 1, 1976; Ord. 559 § 5, 1975).

2.68.110 Holiday – Attendance the day before and after.

Any employee shall receive the holiday with pay only if at work the full work day before and the full work day after the holiday unless he or she is on authorized vacation or sick leave. (Ord. 559 § 5, 1975).

2.68.120 Sick leave earnings.

A. Repealed by Ord. 1585.

B. Full-time employees shall earn sick leave at the rate of eight hours per month to a maximum of 960 hours. Upon the retirement of an employee, one-third of the accumulated sick leave shall be paid unless otherwise negotiated by contract.

C. Sick Leave – Reasons for Granting. Any employee eligible for sick leave with pay shall be granted such leave for the following reasons:

1. Personal illness or physical or mental incapacity resulting from cause beyond employee’s control;

2. Forced quarantine of the employee in accordance with community health requirements;

3. Illness of a member of the employee’s immediate family.

D. All permanent part-time employees who work a minimum of 20 hours per week shall be granted an amount of sick leave proportional to the number of hours worked within a month by a full-time employee. (Ord. 1585 §§ 1 – 4, 2004; Ord. 1407 § 3, 1999; Ord. 993 § 3, 1986; Ord. 787 § 1, 1980; Ord. 559 § 6, 1975).

2.68.130 Shared leave policy.

A. An employee who has an accrued sick leave balance of at least 88 hours may request to transfer a specified amount of sick leave to another employee. All sick leave transferred shall be in eight-hour increments, and in no event shall the transfer result in the transferring employee’s accrued sick leave balance falling below 80 hours.

B. Authority To Review Requests.

1. The head of each city department shall review requests for transfers of sick leave for employees within that department.

2. In the case of transfers of sick leave between city departments, the department head of the employee making the donation shall review the request. If the request is granted, the department head shall inform the head of the department of the employee receiving the transferred sick leave and the city clerk of the number of days transferred.

3. If a department head is unable to review a request for a transfer of sick leave because of absence or illness, the mayor shall review such request.

C. An employee shall be allowed to receive leave under this section if:

1. The employee has depleted or will shortly deplete his or her sick leave reserves; and

2. The employee suffers from an illness, injury, impairment, or physical or mental condition which is of a severe nature and which has caused, or is likely to cause, the employee to go on leave without pay or terminate city employment; or

3. The employee is needed to care for the employee’s spouse, child, stepchild, parent, or in-law who has a serious health condition.

D. The department head shall determine the amount of sick leave, if any, which an employee may receive under this section. The amount of sick leave which an employee may receive as a donation shall be based on the expected duration of the absence from work.

E. Donated leave shall be utilized in the order that the requests were authorized (first in, first out).

F. While an employee is on leave transferred under this section, he or she shall continue to be classified as a city employee and shall receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued sick leave. All such current accruals shall also be depleted prior to any continuing use of donated hours.

G. Any unused leave transferred under this section may be returned to the employee(s) who transferred the leave if the head of the department of the employee receiving the transferred leave finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred. (Ord. 1495 § 1, 2001; Ord. 1471 § 1, 2000).

2.68.140 Eligible sick leave.

An employee may not utilize his accumulative sick leave for absences resulting from injury arising out of and in the course of employment other than the city employment, for which monetary or other valuable consideration is received or expected. (Ord. 559 § 9, 1975).

2.68.150 Workmen’s compensation – Sick leave.

An employee receiving sick leave with pay who simultaneously receives compensation under the Workmen’s Compensation Law or other insurance plan paid for by the city shall receive for the duration of such compensation only that portion of his regular salary which, together with the compensation, will equal his regular salary. (Ord. 559 § 9, 1975).

2.68.160 Sick leave – Reasons for granting.

An employee eligible for sick leave with pay shall be granted such leave for the following reasons:

A. Personal illness or physical incapacity resulting from cause beyond employee’s control;

B. Forced quarantine of the employee in accordance with community health requirements;

C. The death of a member of the employee’s immediate family (immediate family to be determined by department head and approved by the mayor);

D. Illness of a member of the employee’s immediate family.

The length of time of leave shall be determined by the department head and approved by the mayor. It is at the discretion of the department head if time off is counted as vacation or sick leave. (Ord. 559 § 9, 1975).

2.68.170 Sick leave – Doctor’s certificate.

A sick slip shall be filled out upon the return of the employee to work. After three consecutive days of sick leave, a doctor’s certificate may be required to return to work. Any employee found to have abused the sick leave privilege by falsification or misrepresentation may be subject to corrective action, suspension, or dismissal at the discretion of the city council. (Ord. 1585 § 5, 2004; Ord. 559 § 9, 1975).

2.68.180 Military and jury duty.

Employees in permanent positions who are ordered by competent military authority to short tours of duty, not to exceed 15 days annually, shall be paid their regular pay while on such leave. Employees who are required by the due process of law to render jury service shall receive their regular pay during such period. If any payment is received for jury duty, such pay will be reimbursed to the city or deducted from the employee’s paycheck. (Ord. 559 § 10, 1975).

2.68.190 Records to be kept.

Each department head having jurisdiction over a particular department shall keep an adequate register showing records of vacation and sick leave, both accrued and granted in such form as may be approved by the council. These records will be reported monthly to the city clerk, who will in turn keep a complete register of all employees, which records shall be available at all times to all members of the council, the auditor, and the employees. (Ord. 559 § 10, 1975).

2.68.200 Pay periods.

Payrolls are made up from five to six days preceding the issuance of checks. Absences occurring during that period will be deducted from the payroll issued the following pay period. (Ord. 559 § 10, 1975).

2.68.205 Overtime.

All nonexempt Fair Labor Standards Act employees of the city shall be compensated in addition to their regular wages equal to one and one-half times their regular pay for every hour worked in addition to 40 hours in a seven-day work period. For the purpose of this section, hourly rates of pay shall be computed for those individuals being paid on a monthly basis by dividing the monthly wages by 173 hours. (Ord. 1403 § 1, 1999).

2.68.210 Basis for accumulation and recording.

Both sick leave and vacation leave shall be accumulated and recorded from the date of employment and be credited from said date. (Ord. 660 § 1, 1977; Ord. 599 § 10, 1975).

2.68.220 Longevity pay.

In addition to base monthly wage, a city employee shall receive longevity pay for continuous full-time city employment pursuant to the provisions of the current collective bargaining agreement in place regardless of their union status. If longevity pay is not addressed in a collective bargaining agreement with the city, then no longevity pay shall be made to any employee regardless of their union status. (Ord. 1655 § 1, 2007; Ord. 1198A § 1, 1993; Ord. 1132 § 1, 1991; Ord. 860 § 1, 1982; Ord. 788 § 1, 1980).

2.68.230 Payment of accumulated vacation and sick leave upon retirement.

A. Every full-time nonunion employee, upon his or her retirement, shall be entitled to be paid for all of his or her accrued vacation time.

B. Upon retirement all full-time nonunion employees shall be entitled to be paid 50 percent of all accumulated sick leave time accrued and/or accumulated prior to December 31, 1982. (Ord. 1228 § 2, 1994; Ord. 889 § 1, 1982; Ord. 804 § 1, 1980).

2.68.240 Bereavement leave.

All full-time nonunion employees shall be granted the same bereavement leave as in the public works labor agreement as now stated or hereinafter as amended. (Ord. 1228 § 3, 1994).

2.68.250 Management days off.²

All full-time Fair Labor Standards exempt employees of the city shall receive 12 management days off per year, prorated if the employee works less than 12 months. Management days off may be taken with the approval of the mayor or city administrator. Management days off have no cash value upon termination of employment and do not roll over from one year to the next. (Ord. 1892 § 1, 2015).

For statutory provisions declaring the state holidays, see RCW 1.16.050.

Code reviser’s note: Section 2 of Ord. 1892 provides: “On the effective date of this Ordinance, any exchange time accrued under prior Section 2.68.250 shall be converted to vacation time on an hour for hour basis.”