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HomeMy WebLinkAbout1992-3437 Leaves of Absence ORDINANCE NOf. 34:11r • AN ORDINANCE relating to personnel and leaves of absence, providing two systems for the transfer of accrued leave, for exempt classification employees and for American Federation of State, County, and Municipal Employees (AFSCME) represented employ- ees; and enacting Sections 2.40.110 and 2.40.120 as new sections of the City of Yakima Municipal Code. WHEREAS, the City provides various types of leave to its management employees subject to payment upon termination; and WHEREAS, the collective bargaining process involving American Federation of State, County, and Municipal Employees (AFSCME) member employees has resulted in an agreement to provide a sick leave transfer program; and WHEREAS, the City Council finds it appropriate and in the public interest to permit the above - described employees to share vacation, sick leave, compensatory time, and floating holidays in carefully defined circumstances and to transfer • such leave to and for the benefit of such employees who, without such transfers, would be forced to terminate their employment or go without pay; and WHEREAS, the within AFSCME sick leave pool provisions have been the subject of notice to and agreement with Local 1122 of the Washington State Council of County and City Em- ployees, American Federation of State, County, and Municipal Employees, AFL -CIO, in accordance with Article III, Section B of the collective bargaining agreement effective pursuant to RCW 41.56.123; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 2.40.110 is hereby enacted as a new section of the City of Yakima Municipal Code to read as fol- lows: "2.40.110 Shared Leave - Management Em- ployees. A. The City Manager or his designee, in his or her discretion, may grant to a management employee as defined 410 1 - (ord /leave.sc) in Subsection 2 .104. 030D of this code, shared leave from another employee provided the following are met 1. The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition such that the employee's use of sick leave is permissible pursuant to Section 2.40.030B. 2. The employee has completed a six (6) month probationary period. 3. The employee has depleted or will shortly deplete his or her total available paid leave. Paid leave is defined as vaca- tion leave, sick leave, accrued compensatory time or personal holidays. Shared leave shall mean paid leave transferred to an employee pursuant to this section. 4. Prior to the use of shared leave, the employee has abided II/ by the provisions of Section 2.40.030B. 5. Where applicable, the em- ployee has diligently pursued and is found to be ineligible for Washington State industrial insurance benefits. 6. The employee has begun the third full day of unpaid leave for the current injury or ill- ness. 7. Shared leave is available pursuant to Subsection B to be donated to the employee. B. An employee may donate his or her accrued paid leave hours by submitting a time card specifying the type and amount of hours to be donated to the management extended sick leave pool, provided that the donated hours do not cause the donor 411 - 2 - (ord /leave.sc) employee's total available leave balances to decrease by more than ten percent • (10 %). Such time cards must be received by the division /department timekeeper no later than the fifth day of the first month of any quarter of the year. In case of emergency and upon request of the Management Group Pool Review Panel, the pool will be reopened by the City for donations prior to quarterly deadlines or at the City Manager's discretion. C. While an employee is using 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 sick leave. D. Paid leave shall be transferred on a dollar -value basis. The value of shared leave shall be the dollar value of the paid leave at the time it is recorded as available for use as shared leave. Once shared leave has been transferred to an employee, it shall be transformed into sick leave and so credited to the employ- ee's sick leave accrual. The dollar value • of the pool will be increased by the City by the same percentage or dollar - per -hour figure as any wage increase effective for management members. E. The Personnel Officer shall be respon- sible for monitoring shared leave and shall also be responsible for initiating the proper paperwork to the Payroll Office to adjust the accrued leave balances to the recipient from the pool. Records of all transactions from the pool to the recipient will be maintained by the Pay- roll Office with a copy of each transac- tion also maintained in. the Human Resources Office. A recipient shall also have a record of hours received from the pool placed in his or her personnel file. F. Management employees shall submit applications to the Personnel Officer for hours from the management extended sick leave pool in the following manner: 1. Indicate the desired hours, • in one -hour increments on a form - 3 - (ord /leave.sc) received from the Management Group Pool Review Panel. 2. Submit a physician's state- ment indicating the nature of the illness, injury, impairment, or medical /mental condition, the prognosis for recovery, and the expected duration of the ab- sence. All such information is confidential. 3. All requests processed by the Payroll Office by the fif- teenth of a month shall be effective for that month. G. The City Manager shall appoint a Management Group Pool Review Panel, com- posed of no fewer than four individuals, holding positions described in Subsection 2.04.030D of this Code. The Management Group Pool Review Panel shall recommend whether or not to approve a request for leave from the management extended sick leave pool, according to the following factors 1. The nature of the extended • illness, injury, impairment, or medical /mental condition of the requesting employee. 2. Any history of excessive or abusive use of sick leave by the requesting employee. H. The Management Group Pool Review Panel shall make reasonable efforts to determine that an employee granted shared leave uses such leave in accordance with Section 2.40.030. Use of shared leave contrary to Section 2.40.030 shall result in cancella- tion of the shared leave, the balance of which will be transferred to the manage- ment extended sick leave pool. The Per- sonnel Officer shall so notify the involved employee and the Director of Finance and Budget. I. Nothing herein shall be construed as creating a right to shared leave or to a certain quantity of shared leave. - 4 - (ord /1eave.sc) J. Hours awarded from the pool shall be on a first- come - first - served basis." • Section 2. Section 2.40.120 is hereby enacted as a new section of the City of Yakima Municipal Code to read as fol- lows "2.40.120 Shared Leave - AFSCME Employ- ees. A. The City Manager or his desig- nee, in his or her discretion, may grant to a permanent full -time or part -time employee who is a member of Local 1122, American Federation of State, County, and Municipal Employees (AFSCME), or, with the agreement of AFSCME Local 1122 Executive Board, to a City employee who is a member of another union and who is not eligible for disability benefits under state law, shared leave from any other employee provided the following are met- 1. The employee suffers from an illness, injury, impairment, or physical or mental condition such that the employee's use of sick leave is permissible pursu- ant to Section 2.40.030B. • 2. The employee has completed a six (6) month probationary period. 3. The employee has depleted or will shortly deplete his or her total available paid leave. Paid leave is defined as vaca- tion leave, sick leave, accrued 0 compensatory time or personal holidays. Shared leave shall mean paid leave transferred to an employee pursuant to this section. 4. Prior to use of shared leave, the employee has abided by the provisions of Section 2.40.030B. 5. Where applicable, the em- ployee has diligently pursued and is found to be ineligible for Washington State industrial • insurance benefits. - 5 - (ord /leave.sc) 6. The employee has begun the third full day of unpaid leave for the current injury or ill- ness. 7. Shared leave is available pursuant to Subsection B to be donated to the employee. B. An employee may donate his or her accrued paid leave hours by submitting a time card specifying the type and amount of hours to be donated to the AFSCME extended sick leave pool, provided that the donated hours do not cause the donor employee's sick leave balance to be less than 347 hours, unless otherwise approved by the Local 1122 Executive Board. The minimum number of hours to be donated at any one time is eight (8) hours. Such time cards must be received by the divi- sion /department timekeeper no later than the fifth day of the first month in any quarter of the year. In case of emergency and upon request of the Local 1122 Execu- tive Board, the pool will be reopened by the City for donations prior to quarterly deadlines. Paid leave shall be transferred on a dollar -value basis. The value of shared leave shall be the dollar value of the paid leave at the time it is recorded as available for use as shared leave. Once shared leave has been transferred to an employee, it shall be transformed into sick leave and so credited to the employ- ee's sick leave accrual. The dollar value of the pool will be increased by the city by the same percentage or dollar- per -hour figure as any wage increase effective for Local 1122 members. C. Union - member employees shall apply to Local 1122 Executive Board for hours from the AFSCME extended sick leave pool in the following manner: 1. Indicate the desired hours, in one -hour increments on a form received from the Local 1122 office. - 6 - (ord /leave.sc) 2. Submit a physician's state- ment indicating the nature of the illness, injury, impairment, or medical /mental condition, the prognosis for recovery, and the expected duration of the ab- sence. All such information is confidential. 3. All requests processed by the Payroll Office by the fif- teenth of a month shall be effective for that month. D. Local 1122 Executive Board shall recommend whether or not to approve a request for leave from the AFSCME extended sick leave pool, according to the follow- ing factors: 1. The nature of the extended illness, injury, impairment, or medical /mental condition of the requesting employee. 2. Any history of excessive or abusive use of sick leave by the requesting employee. E. Local 1122 Executive Board shall make reasonable efforts to determine that an employee granted shared leave uses such leave in accordance with Section 2.40.030. Use of shared leave contrary to Section 2.40.030 shall result in cancellation of the shared leave, the balance of which will be transferred to the AFSCME extended sick leave pool. Local 1122 Executive Board shall so notify the involved employee and the Director of Finance and Budget. F. Hours awarded from the pool shall be on a first - come - first - served basis. G. Local 1122 Executive Board will send correspondence for award of sick leave hours to the City of Yakima Human Re- sources Department, with a copy to the Payroll Officer. Local 1122 Executive Board and the City will notify each re- questing employee of the final decision on award of hours. - 7 - (ord /leave.sc) The Personnel Officer shall be respon- sible for monitoring shared leave and shall also be responsible for initiating 410 the proper paperwork to the Payroll Office to adjust the accrued leave balances to the recipient from the pool. Records of all transactions from the pool to the recipient will be maintained by the Pay- roll Office with a copy of each transac- tion also maintained in the Human Resources Office. Recipients shall also have a record of his /her hours received from the pool placed in their personnel file. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 25 day of = �.s.� — 1992 soot- AIL/At... Mayor 410 ATTEST: City Clerk Publication Date 2/2/9Z- Effective Date: 3/2-9/7.-?..- - 8 - (ord /leave.sc)