Chapter 2.44
MUNICIPAL EMPLOYEES*
Sections:
2.44.012 Sick leave – Permissible occasions.
2.44.013 Use of sick leave as bereavement leave permitted – Conditions of use.
2.44.014 Compensation for unused sick leave.
2.44.016 Credit for sick leave upon termination of employment.
2.44.030 Vacation leave – Scheduling.
2.44.040 Compensation for unused vacation leave.
2.44.060 Compensatory time – Overtime.
2.44.061 Overtime rate of pay.
2.44.062 Computation of compensatory time.
2.44.135 Statement of policy – Excessive use of sick leave – Review – Right to hearing.
*For statutory provisions regarding the preservation of sick leave and vacation rights of prior employees, see RCW 35.58.400.
2.44.010 Sick leave.
All regularly employed, full-time employees of the city shall accrue the right to earn sick leave at his or her regular wage or salary at the rate of eight hours per month, beginning after the first full month of employment. [Ord. 608 §1, 1989; Ord. 554 §2, 1981].
2.44.012 Sick leave – Permissible occasions.
An employee shall be granted accrued sick leave when the employee or a member of the employee’s immediate family suffers from an illness or disability, or when the employee or a member of the employee’s immediate family has a doctor or dentist appointment. A written statement verifying illness or disability may be required from the physician treating an employee or the employee’s family member if the employee is absent from work for more than three consecutive days for which sick leave is claimed. [Ord. 608 §2, 1989; Ord. 554 §3, 1981].
2.44.013 Use of sick leave as bereavement leave permitted – Conditions of use.
An employee shall be permitted to use his or her accrued sick leave as bereavement leave upon the death of a close family member. For the purposes of this section, “close family member” means a member of the employee’s immediate family (spouse or child), a sibling, a parent or parent-in-law, or grandparent. Such leave shall not exceed eight hours unless written request for additional time is submitted to the employee’s supervisor (or, if no supervisor, the mayor). The request shall state the relationship of the decedent to the employee, and the date and place of the funeral. Any requested bereavement leave in excess of 24 hours shall be at the discretion of the employee’s supervisor (or mayor, if no supervisor). In considering requests for bereavement leave in excess of 24 hours, the supervisor or mayor shall take into consideration the employee’s relationship with the decedent, travel time and distance to the funeral, the employee’s responsibilities in arranging for the funeral, or any other factors which may be appropriate and relevant in the discretion of the supervisor or mayor. Any request for bereavement leave alone or which, in combination with ordinary sick leave, vacation leave, or leave without pay, exceeds 40 hours shall be subject to the approval or disapproval of the city council. In determining whether to approve or disapprove of such leave in excess of 40 hours, the city council shall take into consideration all relevant factors, including the employee’s work load at the time the leave is requested. [Ord. 608 §3, 1989].
2.44.014 Compensation for unused sick leave.
Whenever an employee’s employment with the city is terminated upon the employee’s permanent retirement from full-time employment, the employee, at his or her discretion, shall receive compensation for all accrued but unused sick leave at a rate equal to one-fourth the employee’s regular compensation as a payroll check or as a contribution into the voluntary employee benefit association medical savings account. All other employees who voluntarily resign, at his or her discretion, shall receive compensation for all accrued but unused sick leave in excess of 288 hours at one-fourth his or her full rate of compensation as a payroll check or as a contribution into the voluntary employee benefit association medical savings account. No compensation shall be paid to any employee for accrued sick leave upon the employee’s involuntary discharge by the city.
The maximum sick leave accrual allowable as of December 31st of each year shall be 800 hours. Any unused sick leave beyond the maximum allowable as of December 31st of each year shall be paid at a rate equal to one-fourth the employee’s regular compensation as a contribution to the voluntary employee benefit association medical savings account. [Ord. 710 §1, 1999; Ord. 608 §5, 1989; Ord. 554 §3, 1981].
2.44.016 Credit for sick leave upon termination of employment.
Whenever a former employee returns to work for the city on a regular, full-time basis within three years following termination of employment, the employee shall be credited with 100 percent of his or her uncompensated sick leave accrued at the time of termination up to a maximum of 288 hours. [Ord. 608 §6, 1988; Ord. 554 §5, 1981].
2.44.020 Vacation leave.
All regularly employed, full-time employees of the city shall receive annual paid vacation leave at his or her regular wage or salary as follows:
A. After 12 months of continuous, full-time employment, 40 hours of vacation leave;
B. After 24 months of continuous, full-time employment, 80 hours of vacation leave;
C. After 60 months of continuous, full-time employment, 120 hours of vacation leave.
An employee shall be entitled to carry forward each year a maximum of 40 hours of annual vacation leave accrued but unused during the year. In addition, if the employee’s request for vacation leave was denied and could not be rescheduled during the year, all annual vacation leave accrued but unused during the year may be carried forward to the next year. For the purposes of this chapter, the term “year” as used in conjunction with annual vacation leave shall be the 12-month period between each anniversary of the date employment began. [Ord. 608 §7, 1989; Ord. 554 §6, 1981].
2.44.030 Vacation leave – Scheduling.
An employee desiring to use vacation leave shall submit a request for vacation leave to his or her supervisor. In the event there is no supervisor, the request shall be made to the mayor. The supervisor (or mayor, as the case may be) shall then approve the request unless the proposed vacation leave will unreasonably conflict with work schedules or assigned duties. The supervisor (or mayor) shall submit all requests for more than 40 hours of vacation leave to the city council for review. The city council may then approve or deny the request, or may refer it back to the supervisor (or mayor) without comment.
If a request for annual vacation leave is denied for any reason, the leave shall be rescheduled as soon as reasonably possible at a time acceptable to the employee. [Ord. 608 §8, 1989].
2.44.040 Compensation for unused vacation leave.
Whenever an employee’s employment with the city is terminated upon the employee’s permanent retirement from full-time employment, the employee may choose to (A) use immediately before retirement all accrued but unused vacation leave up to maximum of 120 hours; or (B) be compensated for all accrued but unused vacation leave at a rate equal to his or her regular compensation. All other employees who resign or are discharged from employment by the city shall be compensated for accrued but unused vacation leave at a rate equal to their regular compensation. [Ord. 608 §9, 1989].
2.44.050 Other leave.
A. Any employee who is regularly called for jury duty shall be allowed leave for such duty. Any compensation received by the employee for jury duty during such leave shall be deducted from the employee’s wage or salary.
B. Any employee required to work overtime during any state holiday shall be entitled to compensatory, paid leave equal to one and one-half times the number of overtime hours worked. Alternatively, the employee may choose compensation for the overtime at the rate of one and one-half times his or her regular wage or salary for the number of overtime hours worked.
C. Any employee who is a qualified emergency medical technician shall be allowed to respond to medical emergencies without reduction in pay or use of leave time.
D. Military leave for employees who are members of the Washington National Guard or of the United States military or Coast Guard shall be as provided in RCW 38.40.060.
E. Any employee who is a member of the Palouse volunteer fire department shall be allowed to respond to fire emergencies without reduction in pay or use of sick leave.
F. Work leave other than that specifically provided in this chapter shall be without pay and at the discretion of the employee’s supervisor or, if there is no supervisor, it shall be at the discretion of the mayor. The supervisor (or mayor) shall submit all requests for more than 40 hours of unpaid leave to the city council for review. The city council may then approve or deny the request, or it may refer it back to the supervisor (or mayor) without comment. [Ord. 620 §1, 1990; Ord. 608 §10, 1989].
2.44.060 Compensatory time – Overtime.
Eligible employees who accrue more than eight compensable hours in a regular work day (Monday – Friday) or accrue compensable hours other than on a regular work day shall be granted compensatory time off (comp time) or paid overtime. Eligible employees are defined as follows: public works superintendent and public works personnel. [Ord. 623 §1, 1991].
2.44.061 Overtime rate of pay.
Authorized overtime worked in excess of regular hours shall be compensated by payment at one and one-half times the individual’s regular rate of pay; except, when the authorized overtime is on a legal holiday as defined in PMC 2.56.010, the rate of pay shall be double time plus one-half of the individual’s regular rate of pay. Time paid for but not worked (e.g., holidays, sick or vacation leave) shall not count toward hours worked for the purpose of computing overtime hours. [Ord. 623 §2, 1991].
2.44.062 Computation of compensatory time.
Compensatory time shall accrue at the rate of one and one-half hours for each hour of overtime worked with a maximum accumulation of 40 hours. Compensatory time must be used within 180 days of the time it was earned and authorized. When the maximum accrual of compensatory time is earned, any additional overtime hours accumulated shall be compensated by overtime pay. All accrued compensatory time not used prior to an employee’s termination from service shall be paid as part of the employee’s last paycheck, except when terminated upon retirement; in the case of retirement, all compensatory time must be utilized prior to the retirement. [Ord. 623 §3, 1991].
2.44.135 Statement of policy – Excessive use of sick leave – Review – Right to hearing.
Sick leave is intended to release an employee from work without a loss in pay only when: (A) the employee is actually ill or disabled and unable to perform his or her job without further jeopardy to health, or unable to perform his or her job in a satisfactory manner as a result of the illness or disability; (B) a member of the employee’s immediate family is actually ill or disabled and the employee’s absence from work is necessary to care for the family member; (C) the employee actually has a doctor’s or dentist’s appointment; (D) a member of the employee’s immediate family actually has a doctor’s or dentist’s appointment and he must be accompanied or driven to the appointment by the employee. If at any time after six months of employment, an employee’s record indicates a consistent pattern of use of sick leave as it accrues, or which otherwise suggests that sick leave is not being used as intended, the employee’s use of sick leave may be reviewed by the employee’s supervisor or mayor. If the supervisor or mayor determines that the employee’s use of sick leave has violated the policies set forth in this chapter, the supervisor or mayor shall file a written request for a hearing before the city council, and the clerk-treasurer shall give the employee at least 10 days’ written notice of hearing. The hearing shall be scheduled during the regular meeting of the city council within 20 days after the request for hearing is filed. If the city council then determines the employee has violated the policies for sick leave use as set forth in this chapter, the city council may either suspend the employee’s sick leave for one or more months, or it may recommend that the mayor discharge the employee. [Ord. 608 §4, 1989].