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HomeMy WebLinkAbout1963-447 ORDINANCE NO. AN ORDINANCE relating to leaves of absence by City employees; estab- lishing a basic work week; defining employees eligible for leave of absence privileges; providing for and regulating vacation leave, sick leave, civil leave, leave without pay, holidays with pay, and overtime pay and compensatory time;' providing for discharge of employees on account of un- authorized absences; and amending Sections 2.40.010, .020, .030, .040, .060, .070, .080, .090 and .100 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. That Section 2.40.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.010 ELIGIBLE EMPLOYEES. All employees of the City of Yakima shall be eligible for vacation leave, sick leave, civil leave, military leave and holiday pay except as follows: A. Temporary, seasonal or emergency employees shall not be eligible for any leave or holiday privileges. 4101 B. Leave and holiday privileges for Fire Department personnel shall be governed by Section 2.22.030 of this Code. C. Police Department employees eligible for benefits provided by the Police Relief and Pension Act, Chapter 41.20 R.C.W., shall not be entitled to sick leave benefits herein pro- vided." Section 2. That Section 2.40.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.020 VACATION LEAVE. A. Rate of Accrual of Vacation Leave. 1. Each eligible employee shall earn vacation leave at the rate of five-sixths of a day vacation for each full calendar month of service. 2. Each eligible employee with five or more years of - continuous service shall earn vacation leave at the rate of one day vacation for each full calendar month of service. 3. Each eligible employee with ten or more years of continuous service shall earn vacation leave at the rate of one and one-fourth days vacation for each full calendar, month of service. -1- B. Accumulation of Vacation. 401 1. Vacation leave may be accumulated not to exceed 24 working days. 2. If at the end of five years of employment an em- ployee's accumulated leave includes a fraction of a day, it shall be credited as follows: (a) If the fraction is less than one-half day, the employee shall receive no credit for the fractional day. (b) If the fraction is one-half day, it shall be credited as such. (c) If the fraction is more than one-half day, the employee shall receive credit for a full day. Co Permissible Use of Vacation Accruals With Pay. 1. Vacation leave accumulated at the end of twelve months of service may be taken in the thirteenth month and each month thereafter as accumulated. 2. Vacation leave must be taken at such time as the employee can be spared, but an employee will be allowed to 4111 take his leave when he desires if it is possible to schedule it at that time. 3 All vacation leave must be requested in advance and approved by the employee's department head. D. Terminal Leave. 1. A permanent employee, when leaving the service of the City in good standing and who has given at least two weeks' notice of his intention to leave, shall be compen- sated for vacation leave earned and accumulated to the date of separation. 2. No compensation for vacation leave shall be payable to any employee who terminates his employment or is termi- nated before he has completed one year of service. 3. Any eligible employee who is discharged or resigns as a result of disciplinary action shall be entitled to be compensated for only that vacation leave which was earned in preceding calendar years and not used at time of separa- tion. This provision shall also apply to employees who quit without giving the notice specified in (1) above. 4. Terminal leave shall be computed by multiplying the daily rate in effect at the time of termination (monthly salary X .046) by the number of days accumulated. -2- E. Reporting. 1101 Vacation leave with pay shall be reported to the Person- nel Department on forms and according to procedures as specified by the Director of Personnel." Section 3. That Section 2.40.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.030 SICK LEAVE, A. Accrual. 1. Sick leave with pay shall accrue at the rate of one working day of leave for each full calendar month of the eligible employee's continuous service with the City, to commence at the end of one month of employee's service. Unused sick leave in any year shall be accumulative for succeeding years to a maximum of ninety working days. 2. On separation from the service, all sick leave is forfeited. B. Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be 41011 granted such leave for the following reasons: 10 Personal illness or physical incapacity resulting from causes beyond employee's control. 2. Quarantine of employee due to exposure to contagious disease. 3. On-the-job injuries during the first three days if not eligible for Workman's Compensation and as a supplement to Workman's Compensation. (a) Any employee receiving sick leave with pay, who is also eligible for time loss payments under the Workman's Compensation Law, shall, for the duration of such payments, receive only that portion of his • regular salary which, together with said payments, will equal his regular salary. In orde: not to work an un- due hardship on the employee caused by the time lag involved in time loss payments, the employee shall be paid his full salary and on receipt of time loss pay- ments shall endorse such payments to the City. (b) Absence for on-the-job injuries covered above shall not be charged to sick leave for the first 30 working days; additional absence shall be charged at 4111 the rate of one-half day of sick leave per day of absence. -3- 4. The death of a member of the employee's immediate family. Any allowance over three days for a family death must be recommended by the department head and approved by the appointing authority. For purposes of this sub-paragraph, the term 'immediate family' shall mean any husband, wife, parent, grandparent, child, grandchild, ,brother or sister. 5. Serious injury or illness to members of employee's immediate family living with and dependent upon the employee, constituting an emergency or crisis. Any sick leave granted for this purpose must be recommended by the department head and approved by the appointing authority. 6. Sick leave shall not be used for pregnancy, maternity confinement, pre-natal care or complications immediately arising out of and as a direct result of such pregnancy. C. Requirements for All Paid Sick Leave. 1. Every employee must report to the representative designated by his department head the reason for an absence as far in advance of the starting of his scheduled work day as possible, but in no event shall this report be made later than the first day of absence. 2. An employee must keep his department head informed of • his condition if absence is of more than three working days 401 in duration. 3. For each absence an employee must submit upon the approved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three working days, or for each absence, if requested by the de- partment head. 4. Employees must permit home visits or medical examina- tions at the expense and convenience of the City. D. Enforcement of Sick Leave Provisions. 1. Any failure to comply with the provisions of paragraph (C) above shall be grounds for denial of sick leave with pay • for the period of absence. 2. Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspension or discharge. 3e It shall be the responsibility of the department head or his designated representative to: (a) Review all applications for sick leave and approve 4111 those which are bona fide and comply with the provisions of this section and forward same to the Personnel Depart- ment. The Director of Personnel shall not certify the -4- payment of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave by the Director of Personnel upon recommen- dation of the department head as indicated by his signing the time sheet and subject to the receipt of an approved application for sick leave pay immediately upon the em. ployee s return to work. (b) Investigate any suspected abuse of sick leave. (c) Withhold approval of sick leave pay in the event of unauthorized use. (d) Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay." Section 4. That Section 2.40.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.040 CIVIL LEAVE. A. Any necessary leave shall be allowed by the head of the department to permit any employee to serve as a member of a jury, or to exercise his other civil duties. Each employee who is granted such leave, and who, for the performance of the civil duties involved, received any compensation, shall be paid by the City for the time he is absent only in the amount of excess of his regular salary over the compensation so received. B. Payment for civil leave shall be in accordance with the procedure set out in Section 2.40.030- B- 3(a)." Section 5. That Section 2.40.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.060 LEAVE WITHOUT PAY. A. All leave without pay must be requested and approved by the department head prior to the beginning date of such leave. B. Leave without pay for more than fifteen working days must be approved in advance by the appointing authority. J C. No leave without pay shall be granted an employee until the employee has first ilsed all of hisavailable vacation leave. This sub - paragraph bhall not be construed as forbidding the use of leave without pay as a disciplinary measure." Section 6. That Section 2.40.070 of the City of Yakima Municipal Code is hereby amended to read as follows: -5- "2040.070 UNAUTHORIZED ABSENCES. Unauthorized absence from duty for three consecutive days shall constitute grounds for discharge at the discretion of the City Manager, subject to Civil Service Rules and Regulations." Section 7. That Section 2.40.080 of the City of Yakima Municipal Code is hereby amended to read as follows: "2.40.080 HOLIDAYS WITH PAY. A. The following days are hereby established as holidays with pay for all eligible employees of the City of Yakima: New Year's Day, Washington's Birthday, Memorial Day, July 4th (Independence Day), Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. B. Whenever any of said holidays falls upon a Saturday, no other day will be observed as a holiday. C. Whenever any of said holidays falls upon a Sunday, the fol- lowing Monday shall be a holiday. D. All offices of the City of Yakima, except the Police and Fire Departments and such offices as are required to be open on an emergency basis shall be closed on said holidays. E. When hourly employees other than those working on jobs where employees are scheduled to work in shifts in a service that is rendered seven days per week and 24 hours per day, are required to work on a holiday, they shall be paid for such work at the rate of time and one -half in addition to their regular pay. F. In the event that a holiday occurs during the period of annual leave of an employee, such holiday shall not be charged as a day of leave. G. No employee shall be paid for a holiday unless such employee is in pay status both the work day before and the work day after such holiday. H. Equal time off shall be scheduled by the department head for the Police Department, other departments required to render service 24 hours each day, and regular monthly employees when required to work on a holiday. I. In the event that a holiday falls on an employee's regular day off, other than a Saturday, the employee shall have equal time off to be scheduled within 90 days." Section 8. That Section 2,400090 of the City of Yakima Municipal Code is hereby amended to read as follows: -6- "2.40.090 WORK WEEK. The basic work week shall be forty hours with the exception of the Fire Department and some few Jobs which require special con- sideration by mutual agreement. The standard work day shall be eight hours." Section 9. That Section 2.40.100 of the City of Yakima Municipal Code is hereby amended to read as follows: 2.40.100 OVERTIME PAY AND COMPENSATORY TIME. A. Overtime Pay. 1. Overtime payment will be allowed for employees paid on an hourly basis, when required to work, at the rate of time and one-half. 2. Employees paid on a monthly basis will not be allowed overtime; provided, however, that when because of seasonal requirements or work schedules outside of the control of the City, professional or inspectional employees paid on a monthly basis are required to work in excess of eight hours per day, overtime pay at the rate of time and one-half may be allowed upon approval of the City Manager. B. Compensatory Time. 1. Employees paid on a monthly basis may be allowed compensatory time off if assigned specifically to overtime work by the • department director or division head. 2. Allowable compensatory time worked shall be reported on the monthly time sheet as prescribed by the Director of Finance. 3. Compensatory time off must be requested, approved and reported in the same manner as prescribed for vacation leave." Section 100 This •ordinance shall be in full force and effect 30 days after its final passage, approval and publication as required by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of May, 1963. ATTEST: 01 //4 „ / City Clerk -7-