HomeMy WebLinkAbout2003-078 Sick Leave Usage ORDINANCE NO. 2003- 78
AN ORDINANCE relatmg to the use of sick leave to care for family members with serious
medical conditions, amending section 2.40 030 of the City of Yakima
Municipal Code.
WHEREAS, the 2002 Washington State Legislature passed Substitute Senate Bill 6426
amendmg RCW 49 12 and requiring employers to allow employees to use accrued paid sick leave
to care for family members suffering from serious medical conditions.
WHEREAS, the City Council has reviewed the following proposed amendments and finds it to
be in the best mterest of the City of Yakima that the Yakima Municipal Code be amended to
conform to the law, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1 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) Effective October 24, 1991, all employees except management employees
as defined in subsection 2.04 030(D) of this code and except employees covered by
the Washington State Law Enforcement Officers' and Firefighters' Retirement
System shall accrue sick leave at the rate of one working day of leave for each full
calendar month of the employee's service with the city Unused sick leave may be
accumulated for an unlimited maximum period.
(2) Upon initial employment, management employees as defined in subsection
2.04 030(D) of this code shall accrue sick leave at the rate of two workmg days of
leave for each of the first six full calendar months of the employee's service with the
city, and no sick leave shall accrue for any such employee for the seventh through the
twelfth full calendar months of service. Thereafter, commencmg with the thirteenth
full calendar month of service, each employee shall accrue sick leave at the rate of one
working day of leave for each full calendar month of service. Unused sick leave may
be accumulated for an unlimited maximum period.
B Permissible Use of Sick Leave. An employee eligible for sick leave with
pay shall be granted such leave for the followmg reasons.
1 Personal illness or physical incapacity resulting from causes beyond
employee's control,
Page 1
2. Quarantine of employee due to exposure to a contagious disease;
3 On-the-job injuries; any employee receivmg sick leave with pay, who is
eligible for tune -loss payments under the workman's compensation law shall, for the
duration of such payment, receive only that portion of the employee's regular salary
which, together with said payments, will equal the employee's regular salary In order
not to work an undue hardship on the employee caused by the time lag mvolved m
time -loss payments, the employee shall be paid full salary and on receipt of tune -loss
payments shall endorse such payments to the city Said employee shall be charged
with sick leave only for that portion of the employee's regular salary for which the
city is not reimbursed by the workman's compensation payments endorsed to the city;
4 Subject to and m accordance with Section 2.40 035 of this chapter, the
death of a member of the immediate family of an employee or employee's spouse;
65 Illness and disability caused or contributed to by pregnancy, miscarriage,
abortion, or childbirth;
-76 Sick leave shall not be allowed for any period of time that the employee is
gamfully employed by another employer;
87 Leave taken pursuant to and m accordance with the Family and Medical
Leave Act of 1993 and the FMLA policy of the city of Yakima -,
8. To care for a child of the employee with a health condition that requires
treatment or supervision, "child" as used herein means a biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is
(a) under eighteen years of age or (b) eighteen years of age or older and incapable of
self -care because of a mental or physical disbility;
9. To care for a spouse, parent, parent -in -law, or grandparent of an employee
who has a senous health condition or an emergency condition, "parent" as used herein
includes an individual who stood in loco parentis to an employee when the employee
was a child.
C Requirements for All Paid Sick Leave.
(1) Every employee must report to the representative designated by his
department head the reason for the absence as far m 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 mformed of his condition if
absence is of more than three working days m 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 attendmg 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 department head.
Page 2
(4) Employees must permit home visits or medical examinations at the
expense and convenience of the city
D Enforcement of Sick Leave Provisions.
(1) Any failure to comply with the provisions of subsection C of this section
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.
(3) It shall be the responsibility of the department head or his designated
representative to
a. Review all apphcations for sick leave and approve those which are bona fide
and comply with the provisions of this section and forward same to the personnel
department. The director of personnel shall not certify the payment of sick leave until
the approved apphcations 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 recommendation of the department head as indicated by his signing
the time sheet and subject to the receipt of an approved apphcation for sick leave pay
immediately upon the employee's return to work;
b. Investigate any suspected abuse of sick leave;
c Withhold approval of sick leave pay m the event of unauthorized use;
d. Initiate disciplinary action if, as a result of mvestigation, it is determmed
that an employee has been guilty of willful misrepresentation in a request for sick
leave pay
E. Sick Leave Exchange. All management employees as defined by YMC
Section 2.20 115 may exchange accrued sick leave for pay or for additional leave time
as appropriate, in accordance with the options provided the employee, subject to the
following provisions.
1 Except as otherwise provided m subsection (E)(3), exchange of accrued
sick leave for cash will be granted for those employees with less than ninety days
(seven hundred twenty hours) of accrued sick leave m accordance with the following:
a. Effective January 1, 2002, upon retirement the employee's accrued sick
leave will be exchanged for pay at the rate of fifty percent of the employee's current
base pay to a maximum of eighteen thousand seven hundred and fifty dollars.
b. Effective January 1, 2002, upon termination under honorable conditions, as
distinct from retirement, the employee's accrued sick leave will be exchanged for pay
at the rate of twenty -five percent of the employee's current base pay to a maximum of
eighteen thousand seven hundred and fifty dollars. Honorable termination mcludes
layoff for budget reasons, resignation with proper notice, and position abohtion.
2. Except as otherwise provided m subsection (E)(3), exchange of accrued
sick leave for additional leave days or for cash will be granted to employees who have
accrued ninety days (seven hundred twenty hours) or more days subject to the
following provisions.
Page 3
a. Effective January 1, 2002, upon retirement, the employee's accrued sick
leave up through a maximum of one hundred twenty five days (one thousand hours)
will be exchanged for pay at the rate of one hundred percent of the employee's
current base pay to a maximum of eighteen thousand seven hundred and fifty dollars.
b. Effective January 1, 2002, upon termination under honorable conditions, as
defined m subsection (E)(1)(b) above, as distinct from retirement, the employee's
accrued sick leave up to a maximum of one hundred twenty -five days (one thousand
dollars) will be exchanged for pay at the rate of fifty percent of the employee's
current base pay to a maximum of eighteen thousand seven hundred and fifty dollars.
c. Employees who have accrued more than ninety days (seven hundred twenty
hours) of sick leave may exchange such sick leave for bonus (additional) leave days at
the rate of four days of sick leave for each additional leave day, not to exceed a total
of five added leave days annually, utilization of which would be subject to the
scheduling and approval by the department head.
3 Effective January 1, 2002, upon the death of an employee, the employee's
accrued sick leave up through a maximum of one hundred twenty five days (one
thousand hours) will be exchanged for pay at the rate of one hundred percent of the
employee's current base pay to a maximum of thirty seven thousand five hundred
dollars.
4 In December of each year, any accruals beyond the one- hundred - twenty-
day limitation apphcable to fire department employees not covered by the Washington
State Law Enforcement Officer's and Firefighter's Retirement System will be
automatically exchanged based upon the formula of eight hours pay for each thirty -
two hours accrued or a percentage thereof for smaller accruals. Such pay will appear
on the employee's final paycheck for the year
5 Sick Leave Exchange Procedure. Any management employee may
exchange accrued sick leave as provided m subsections (E)(1), (E)(2) or (E)(3) of this
section at the option of the employee, subject to the followmg conditions and
provisions:
a. A request for such an exchange shall be made to the director of finance and
budget. All requests shall be in writing and shall be signed by the employee making
the request, or the legal representative of the estate of the employee m the event of
the death of the employee.
b. Requests will be accepted only during the first five working days of each
month with exchanged leave to be available within fifteen calendar days of the date
the request is received by the office of the director of finance and budget. Exceptions
to the above will be made for death, termination, layoff or disabihty retirement.
c. No request will be granted for less than eight hours' pay or a minimum of
three days' leave.
d. No exchange will be granted to an employee who has been terminated for
cause, as defined by civil service."
Page 4
Section 2. This ordinance shall be m 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 16 day of December,
2003
ATTEST 9t Place, Mayor
City Clerk
Pubhcation Date: 12 - 19 - 2003
Effective Date: 1 - 18 - 2004
Page 5
410N 2002 LAWS ; -,• Ch. 243, § 1
leers' (1) The board not provide financial assistance:
tire (a) For a projectile primary purpose of which is to facilitate or promote a retail shopping
plan development or expansion. °`''_' --
plan
�..__
an 2 (b) For any project that evidence exists would result in a development or expansion that
s tate would displace existing jobs in any other community in the state.
gton R (c) For the acquisition of real property, including buildings and other fixtures which are a
' the part of real property~_ ,u. ;<.s;:ii.
:ling (2) The board only provide financial assistance:
Ina -
ient 4'r (a) For those projects which would result in specific private developments or expansions (i)
uteri 4: in manufacturing, production, -food processing, assembly, warehousing, advanced technology,
•er's' research and. development, and industrial distribution; (ii) for processing recyclable materials
or for facilities that support'recycling, including processes not currently provided in the state,
'" including but not limited to, de- inking facilities, mixed waste paper, plastics, yard waste, and
'ate problem -waste processing;.. (iii),for manufacturing facilities that rely significantly on recycla-
•iod: == ble materials, including but not limited to waste tires and mixed waste paper; (iv) which
rva support the relocation of businesses from nondistressed urban areas to rural counties or rural
once natural resources impact areas; or (v) which substantially support the trading of goods or
city' services outside of the state's borders.
the I . -,,, ,.x•• w• ii is -i• :,,
blic (b) For projects which finds will improve the opportunities for the successful mainte-
g F nance, establishment, or . expansion of.industrial or commercial plants or will otherwise assist
� in the creati or retentio of long-term economic opportunities.
trol (c) When the application Includes convincing evidence that a specific private development '
rta "` ` or expansion is ready to occur and will occur only if the public facility improvement is made.
tint, (3) The board shall prioritize each . proposed project according to:
(a) The relative' benefits p to t he community by the jobs the project would create,
ury° not just the yn
total nuiiibei� of jo it would create after the project is completed and according
his to the unem to eitt'i'ate`in'the area • in which the jobs would be located; and
P
k ;t
r� (b) The rate of ret of the state's investment, that includes the expected increase in state
as an local tax revenues associated with the project.
, s �,- , , =4 • ,\ ,
1' (4) A responsible., official of`the political subdivision shall be present during board delibera-
ies lions and provide information that the board requests.
ent Before any financial assistance application is approved, the political subdivision seeking the
he , assistance must demonstratej`to the community economic revitalization board that no other
-t_ ti mel source. o f fo n d in g ` " available to ft at costs reasonably similar to financing available
: . from timely community, economic revitalization board.
ith :r
,ur :4-^. Approved March 28, 2002::; y , _ T,
Effective June 13, 2002. - --" . --
he Ai LEAVES OF ABSENCE— EMPLOYER - GRANTED
, ,� t LEAVE —CARE FOR FAMILY MEMBERS
is;
ell . CHAPTER 243
to , S.S.B. No. 6426
al u; f
ce AN ACT Relating to use of employer - granted leave to care for family members with serious medical
a l conditions; amending RCW 49.12.270; adding new sections to chapter 49.12 RCW; and
al Al. providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON
e. .
Sec. 1. RCW 49.12.270 and 1988 c 236 s 3 are each amended to read as follows:
'Additions • are indicated by underline; deletions by strikeout 833
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Ch. 243, § 1 REGULAR SESSION
(1) If, under the terms of a collective bargaining agreement or employer policy applicable
to an employee, the employee is entitled to sick leave or other paid time off, then an employer
shall allow an employee to use any or all of the employee's accrued choice of sick leave or
other paid time off to care for (a) A child of the employee tinder-Ole-age-of-eighteen with a
health condition that requires treatment or supervision; or (b) a spouse, parent, parent -in-
law, or grandparent of the employee who has a serious health condition or an emergency
condition. An employee may not take advance leave until it has been earned. The employee
taking leave under the circumstances described in this section must comply with the terms of i-•
the collective bargaining agreement or employer policy applicable to the leave, except for any
terms relating to the choice of leave. _ ,-
(2) Use of leave other than accrued sick leave or other paid time off to care for a child, .,;
spouse, parent, parent -in -law, or grandparent under the circumstances described in this
section shall be governed by the terms of the appropriate collective bargaining agreement or .p
employer policy, as applicable.
CJ. , ; , _.
NEW SECTION Sec. 2. A new section is added to chapter 49.12 RCW to read as `,
follows: ' •,,- , ; '1.i ., ,
The definitions in this section apply throughout RCW 49.12270 through 49. :2.295 unless :.
the context clearly requires otherwise. --" - _: '' , x
(1) "Child" means a biological, adopted, or foster child, a stepchild, y a legal ward, or a child i
of a person standing in loco parentis who is: (a) Under eighteen years of - age; or (b) eighteen ,
years of age or older and incapable of self -care because of a mental or physical disability
(2) "Grandparent" means a parent of a parent of an employee. '' ' "'' z ' `" ;
' (3) "Parent" means a biological parent of an employee or`'an "individual'who stood in loco --:-.it
parentis to an employee when the employee was a'child.
(4) "Parent -in -law" means a parent of the of an employee.
(5) "Sick leave or other paid time off" means time allowed unde the terms of an
appropriate collective bargaining agreement or employer policy, as applicable, to an employee
for illness, vacation, and personal holiday
(6) "Spouse" means a husband or wife, as the case maybe..,_,, ,
,, '
NEW SECTION Sec. 3. A new section is added to chapter 49.12 RCW' to read as
follows:
An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or
otherwise discriminate against an employee because the employee: (1) Has exercised, or
attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or (2) has
filed a complaint, testified, or assisted in any proceeding under RCW 49.12270 through
49.12.295.
NEW SECTION Sec. 4. This act takes effect January 1, 2003. - - -
Approved March 29, 2002.
Effective January 1, 2003. -- ._ "-"'-
DANGEROUS DOG— NOTICE — ANIMAL CONTROL AUTHORITY
CHAPTER 244
S.S.B. No. 6635
AN ACT Relating to a notice and appeal process for animal control authorities; amending RCW
16.08.070, 16.08.080, and 16.08.100; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE. STATE OF WASHINGTON
Sec. 1 RCW 16.08.070 and 1987 c 94 s 1 are each amended to read as follows:
834 Additions are indicated by underline; deletions by efflkeout
.
SESSION 2002 i.Aws - Ch. 244, t; 2
_a_pplicakt Unless the context. clearly requires otherwise, the definitions in this section apply through -
employer out RCW 16.08.070 through 16.08.100.
k leave or (1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on
'in with a a human or a domestic animal either on public or private property, or (b) chases or
arent-in- approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion
mer enc
---� y or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition
em zl p injury, or to cause in
---� e -- to attack unprovoked, to cause injury or otherwise to threaten the safety of
terms of humans or-domestic animals.. .
It f o r any 4 . -- - -• - - -- - -- — . - -- - - — --
(2)_ "Dangerous dog" means, any__ dog that . • • : : .. - . - . . . . . late
I a child` authority, (a) has - inflicted inflicts severe injury on a human being without provocation on
: n" public or private property, (b) bled kills a domestic animal without provocation while the
d in this A: , dog is off the owner's property, or (c) has been previously found to be potentially dangerous
ement or because of injury inflicted on a human, the owner having received notice of such and the dog
again aggressively bites, attacks, or endangers the safety of humans als.
read (3) "Severe injury" means any physical injury that results in broken bones or disfiguring
:41- lacerations requiring multiple sutures or cosmetic surgery
G unlessr (4) "Propel• enclosure of a dangerous dog" means, while on the owner's property, a
4 dangerous dog shall be securely confined indoors or in a securely enclosed and locked per or
r a child structure, suitable to prevent the entry of young children and designed to prevent the animal
eighteen . from escaping. Such pen. or. structure ,shall have secure sides and a secure top, and shall also
:sability provide protection from the elements for the.dog.
(5) "Animal control authority" means an entity acting alone or in concert with other local
i loco , 4" governmental units for enforcement of the animal control laws of the city, county, and state
x ' and the shelter and welfare of.animals. N
(6) "Animal control officer" means any individual employed, contracted with, or appointed
by control'authori
`4_ y the animal authority for the purpose of aiding in the enforcement of this chapter or
of an any other law•or ordinance relating to the licensure of animals, control of animals, or seizure
1ployee and of animals; and includes any state or local law enforcement officer or other
µ d impoundment
. employee whose duties in whole or in part include assignments that involve the seizure and
77 impoundment of an y animal. "` ``'•
ead as : " (7) "Owner' means any person, firm, corporation, organization, or department possessing,
harboring, keeping,_ having. ,an interest in, or having control or custody of an animal.
A•
ine, or r Sec. 2. ,RCW, 16.08.080 and 1989 c 26 s 3 are each amended to read as follows:
• , ed or s. (1) Any city or county that has a notification and appeal procedure with regard to
2) j his `' *' determining a doy within its jurisdiction to be dangerous may continue to utilize or amend its
trough ,+ procedure. A city or county animal control authority that does not have a notification and
4 appeal procedure in place as of the effective date of this act, and seeks to declare a dog within
V'''''' its jurisdiction, as defined in subsection (7) _of this section. to be dangerous must serve notice
upon the dog owner in person or by regular and certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the proposed action, the reasons the
authority considers the animal dangerous; a statement that the dog is subject to registration
and controls required by this chapter, including a recitation of the controls in subsection (6) of
; this section; and an explanation of the owner's rights and of the proper procedure for
'-' appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination, the authority shall notify the
owner in writing that he or she is entitled to an opportunity to meet with the authority, at
which meeting the owner may give, orally or in writing, any reasons or information as to why
the dog should not be declared dangerous. The notice shall state the date, time, and location
of the meeting, which must occur prior to expiration of fifteen calendar days following
delivery of the notice. The owner may propose an alternative meeting date and time, but
2(ryl7 such meeting must `occur within the fifteen -day time period set forth in this section. After
• such meeting, the authority must issue its final determination, in the form of a written order,
within fifteen calendar days. In the event the authority declares a dog to be dangerous, the ,
order shall include a recital of the authority for the action, a brief concise statement of the
facts that support the determination, and the signature of the person who made the
4e determination. The 'order shall be sent by regular and certified mail, return receipt
Additions are indicated by underline; deletions by strikeout 835
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I` '.t: i ' ' Y' ',0'4.‘. .•j, a t' • I
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No x`--
For Meeting of December 16, 2003
ITEM TITLE Consideration of an ordinance relating to the use of sick leave to care for family
members with senous medical conditions, amending section 2 40 030 of the City
of Yakima Municipal Code
SUBMITTED BY Sheryl Smith, Deputy Human Resources Manager
Sofia Mabee, Assistant City Attorney
CONTACT PERSON /TELEPHONE. Sheryl Smith, Deputy Human Resources Manager, 575 -6090
SUMMARY EXPLANATION
The Washington State Legislature passed Substitute Senate Bill 6426 amending RCW 49 12 and
requinng employers to allow employees to use accrued paid sick leave to care for family members
suffenng from senous medical conditions. Attached hereto is an ordinance incorporating the changes
mandated by SSB 6426 into section 2.40 030 of the Yakima Municipal Code.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Funding. Source
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Pass ordinance.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003-78