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HomeMy WebLinkAbout2012-020 Repealing YMC 2.40.110 and 2.40.120 [Shared Leave]; Adding YMC 2.40.110 Sick Leave TransferORDINANCE NO. 2012-20 AN ORDINANCE repealing Yakima Municipal Code section 2.40.110 Shared leave - Management employees and section 2.40.120 Shared leave - AFSCME employees; and enacting a new section 2.40.110 — Sick Leave Transfer (SLT) which will replace the former shared leave policies for eligible Management, AFSCME and unrepresented employees. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 2.40.110 Shared Leave — Management employees and Section 2.40.120 Shared leave — AFSCME employees of the City of Yakima Municipal Code are hereby repealed, in their entirety. Section 2. Section 2.40.110 Sick Leave Transfer (SLT) is hereby enacted as a new section of the Yakima Municipal Code, to read as follows: 2.40.110 Sick Leave Transfer (SLT). A. The City of Yakima allows eligible Management, AFSCME and unrepresented employees to transfer paid sick leave to other eligible employees who have exhausted all other accrued paid leave and stand to lose compensation because either they, or their immediate family member(s), have suffered a catastrophic illness or injury. B. This ordinance applies to City of Yakima donor employees in full time status, who have worked at least one year, in good standing with no pending disciplinary actions or history of chronic absenteeism. Recipient employees shall qualify for leave up to 12 weeks if they, or a qualifying household or family member, suffer from a catastrophic illness or injury and all of the recipient's accrued leave is exhausted. C. Definitions: 1. Immediate family member is defined as those individuals who live in the same household as the employee and are related by kinship, adoption, domestic partnership or marriage; or are foster children certified by the State of Washington. If not in the same household, an immediate family member is strictly limited to the employee's spouse, child or parent. 2. Licensed practitioner includes a licensed physician, nurse practitioner, or other licensed health care professional. 3. A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee or member of the employee's immediate family that requires treatment by a licensed practitioner for a prolonged period and that forces the employee to exhaust all leave time earned and therefore results in loss of compensation. 4. A severe condition or combination of conditions is one that will result in death if not treated promptly; requires hospitalization for more than 72 consecutive hours; or causes a person to be legally declared a danger to him or herself or others. For purposes of this ordinance, pregnancy and elective surgery are not considered severe conditions, except when life- threatening complications arise from them. D. Process for Requesting Leave Transfer: 1. An employee is eligible to request use of SLT hours for their documented personal serious medical condition. 2. SLT hours shall not be used until all personal sick, annual, compensatory and in -lieu time has been exhausted. 3. A request to use SLT hours requires submission to the Human Resources Manager, with accompanying medical documentation, by the 15th of the month. It will be forwarded to the City Manager for final approval. The medical documentation must include an estimate of the amount of time needed and expected date of return from the accident, illness or injury for which the sick leave is being requested. If the medical documentation does not provide a specific date of return to work, follow -up documentation must be furnished every 30 days. 4. SLT may be requested and granted in increments of no more than 90 calendar days per request, up to the maximum allowed. If the duration of the event exceeds 90 calendar days, the employee will be required to submit another request for SLT. 5. If the request is approved, the Human Resources office will immediately route a copy to the payroll office for processing and notification to the employee and supervisor that the request has been approved. 6. The Human Resources Manager will coordinate distribution of an email communication soliciting voluntary leave hour donations on behalf of the employee. 7. Requests cannot be retroactively used unless documentation is provided regarding conditions warranting delay in receipt of their request. E. Conditions for Donating Leave: 1. Employees who wish to donate leave to another employee must have a minimum balance of 80 hours of annual leave and /or 388 hours of sick leave remaining following the transfer of leave hours. The transfer of compensatory time or in -lieu time does not require a minimum balance remain. 2. The minimum amount for each transfer is eight hours except an employee may donate all or part of their personal holiday. 3. A donation form, available in Human Resources, must be completed and submitted to the Payroll Office by the 25th of the month. (The funding of the donation will come from the donor employee's Division budget. The Division budget of the recipient will receive the funds.) 4. Once the sick leave transfer has been approved and processed by Finance, it cannot be cancelled. 5. The hours transferred to recipient employees by the employee's spouse, either of their parents, grandparents, brothers, sisters, children or grandchildren will be processed prior to those received from other employees. 6. Leave hours may be transferred from an employee's leave balance to an employee approved to use donated leave hours at any time prior to the effective date of retirement or termination from the City. The donation cannot consist of excess leave that the donor would not be able to take during the period between the date of the request and the donor's anniversary date. F. SLT Usage: 1. SLT hours may be used consecutively or intermittently, up to the total number of hours available in the month. If hours in excess of the number needed for a full paycheck are received they will be held and used monthly, up to 90 days, if needed. 2. Receiving employees must provide notice to their Department Head and the Human Resources Manager if there is any change in the circumstances for which the leave is being taken or if additional leave is needed beyond the period covered in the original request. 3 Receiving employees may not use more than 12 weeks (480 hours) of transferred leave per catastrophic event. 4. A participating employee must not be receiving state - funded disability benefits intended to replace all or a portion of the employee's income. This applies to employees on Workers' Compensation or other City or State funded Disability Income Insurance. 5. An employee or supervisor who attempts to coerce or pressure another employee to transfer or not transfer leave will be subject to disciplinary action. The selling or purchasing of leave is also strictly prohibited. G. Coordination with Other Leave and Benefits 1. Annual Leave and Sick Leave Accruals will not be earned if 50% or more of the hours of the month's compensation are from transferred leave. 2. Pursuant to WAC 415 - 108 -468, transferred leave hours are not eligible for Department of Retirement Systems (DRS) service credits. H. When the employee is absent from work because of a catastrophic illness or injury, the employee's Department Head shall require that, prior to the employee's return to work, the employee submit a licensed practitioner's written statement that the employee was required to be absent from duty because of the condition and the date that the employee is able to return to work. The statement must also specify what limitations, if any, exist to the employee's ability to perform his or her essential job functions. If limitations exist, the supervisor shall contact the Human Resources Manager. I. The City Manager is the administrator of the SILT program, but may delegate approval authority as he or she deems necessary. Section 2. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 2nd day of July, 2012. ATTEST: Micah Ca t y, Mayor City Clerk C " S Z Publication Date: July 6, 20 w'asN�� Effective Date: August 5, 2012 BUSINESS OF THE CITY COUNCIL. YAKIMA, WASHINGTON AGENDA STATEMENT Item No. j 3 For Meeting of: July 2, 2012 ITEM TITLE: Ordinance repealing Yakima Municipal Code section 2.40.110 Shared leave- Management employees and section 2.40.120 Shared leave - AFSCME employees; and enacting a new section 2.40.110 -Sick Leave Transfer (SLT) which will replace the former shared leave policies for eligible Management, AFSCME and unrepresented employees. SUBMITTED BY: Michael A. Morales, Interim City Manager Jim Mitchell, Assistant City Attorney CONTACT Michael A. Morales, Interim City Manager /575 -6040 PERSON /TELEPHONE: Jim Mitchell, Assistant City Attorney /576 -6307 SUMMARY EXPLANATION: Current Ordinances 2.40.110 (Shared leave- Management employees) and 2.40.120 (Shared leave - AFSCME employees) providing for a sick leave pool system, have become outdated and unevenly applied, resulting in disparate application and financial inefficiencies. The proposed Ordinance revises the system from a shared pool to a one -to -one transfer system, resulting in increased cost efficiency. The floating pool and unlimited donation concepts will be abolished. Qualifying criteria are defined in greater detail, and budget accounting protocol is outlined. A cap of 12 weeks for qualifying recipients is included, as well as specific parameters for donating employees. These changes will eliminate an unfunded liability for the City. Resolution Contract: Contract Term: Insurance Required? No Funding Source: APPROVED FOR Ordinance X Mail to: Amount: Other (specify) Expiration Date: Phone: City Manager SUBMITTAL: STAFF RECOMMENDATION: Enact ordinance. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Ordinance re Enactment of New Section relating to Shared Leave Policies - Management AFSCME and unrepresented employees.