HomeMy WebLinkAbout2014-026 PERS1 and Management Leaves of Absence; YMC Addition 2.40.015 ORDINANCE NO. 2014 -026
AN ORDINANCE adding section 2.40.015 and amending the City of Yakima Leaves of
Absence ordinance of the Yakima Municipal Code to show vacation and
sick leave benefits for PERS 1 members in the management group.
WHEREAS, on October 7, 2014, the City Council passed Ordinance No. 2014 -023,
which created a paid time off policy for management group members who are not members of
PERS 1; and
WHEREAS, it is the intent of the City of Yakima that the leave benefits for the
management group who are members of PERS 1 remain unchanged from what they previously
have been and that the benefits for members of PERS 1 remain continuous; and
WHEREAS, it is the intent of this Ordinance, which will become effective on
December 1, 2014, on the same effective date as Ordinance No. 2014 -023, that the leave
benefits of management employees who are members of PERS 1 remain the same and
continuous; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 2.04 of the Yakima Municipal Code is amended to read as follows:
Chapter 2.40
LEAVES OF ABSENCE
Sections:
2.40.010 Eligible employees.
2.40.015 PERS 1 Management employees.
2.40.020 Vacation leave.
2.40.030 Sick leave.
2.40.035 Bereavement leave.
2.40.040 Civil leave.
2.40.050 Military leave.
2.40.060 Leave without pay.
2.40.070 Unauthorized absences.
2.40.080 Holidays with pay.
2.40.100 Overtime pay.
2.40.110 Sick leave transfer (SLT).
2.40.010 Eligible employees.
All employees of the city of Yakima shall be eligible for vacation pay, sick leave, civil
leave, military leave and holiday pay as provided in this chapter, except as follows:
1. Temporary or emergency employees shall not be eligible for any leave or
holiday privileges. Employees in permanent seasonal positions shall be
eligible for all leave privileges except vacation leave.
2. Management employees who are not a member of the Public Employees'
Retirement System Plan 1 (PERS 1) are not eligible for vacation or sick leave
accruals and will be governed by the Paid Time Off Policy for Unrepresented
Management Employees. (Ord. 2051 § 3, 1977: Ord. 1938 § 1, 1976: Ord.
1468 § 1, 1972: Ord. 1451 § 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960).
2.40.015 PERS 1 Management employees.
.................
All employees of the city of Yakima who are members of PERS 1 and in the
management group shall accrue and accumulate the following types of leave:
A. Vacation Leave
1. Vacation leave shall accrue at the following rates:
a. Employees with Tess than two years of service shall earn eight hours
per month of service (twelve days per year);
b. Employees with two years or more but less than six years of service
shall earn nine and one third hours per full month of service (fourteen
days per year);
c. Employees with six years or more but less than ten years of service
shall earn twelve hours per full month of service (eighteen days per
year);
d. Employees with ten years or more but less than fifteen years of
service shall earn fourteen hours per month of service (twenty one
days per year);
e. Employees with fifteen or more years of service shall earn sixteen
hours per full month of service (twenty four days per year).
2. The employee may accumulate vacation leave time in an amount equal to
the vacation time the employee earns during two years of service,
according to the accrual rates above.
3. One time per calendar year, the employee may sell back up to one third
of the accrued vacation hours that were earned in the preceding twelve
month period submitted on a form generated by the finance department.
4. Vacation Terminal Leave
a. A permanent employee, when leaving the service of the city in
good standing and who has given at least two weeks' notice of
their intention to leave, shall be compensated for vacation leave
earned and accumulated to the date of separation.
b. No compensation for vacation leave shall be payable to any
employee who terminates their employment or is terminated
before they have completed six months of service.
c. 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 separation. This provision shall apply to
employees who quit without giving at least two weeks' notice.
d. Terminal leave shall be computed by multiplying the hourly rate in
effect at the time of termination by the number of hours
accumulated.
B. Sick Leave
1. Sick leave shall accrue at the rate of two working 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,
commencing 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.
2. Unused sick leave may be accumulated for an unlimited maximum period.
3. Permissible use of sick leave shall be governed by YMC 2.40.030(B),
2.40.030(C) and 2.40.030(D).
4. Employees may exchange accrued sick leave for pay or for additional
leave time as appropriate, subject to the following provisions:
a. Except as provided in subsection 2.40.015(B)(4)(c), exchange of
accrued sick leave for cash will be granted for those employees
with less than ninety days (720 hours) of accrued sick leave in
accordance with the following:
i. 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.
ii. 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 includes layoff for budget reasons, resignation
with proper notice, and position abolition.
b. Except as provided in subsection 2.40.015(B)(4)(c), exchange of
accrued sick leave for additional leave days or for cash will be
granted to employees who have accrued ninety days (720 hours)
or more days subject to the following:
i. Upon retirement the employee's accrued sick leave up
through a maximum of one hundred twenty five days (1000
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.
ii. Upon termination under honorable conditions, as distinct
from retirement, the employee's accrued sick leave up to a
maximum of one hundred twenty five days (1000 hours)
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.
iii. Employees who have accrued more than ninety days (720
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.
c. Upon the death of an employee, the accrued sick leave up
through a maximum of one hundred twenty five days (1000 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.
d. The employee is eligible for sick leave transfer as provided in
YMC 2.40.110.
2.40.020 Vacation leave.
A. Rate of Accrual and Accumulation of Vacation Leave. Employees covered by a
collective bargaining agreement shall accrue and accumulate vacation leave in the
amount specified in the applicable collective bargaining agreement.
B. City Manager Discretion. The city manager shall have the discretion to adjust PTO
accruals for all management employees.
C. Reporting. Vacation and PTO leave with pay shall be reported to the personnel
department on forms and according to procedures as specified by the director of
personnel. (Ord. 2013-036 § 1, 3013: Ord. 98-34 § 1, 1998; (]rd. 3403 § 6, 1901; Ord.
2383§§1.2.18OO; Ord. 22O5G4.1S7S; Ord. 2153§5.1S7O; Ord. 1SU1 § 1, 1976; Ord.
1900 § 1, 1976; Ord. 1745 § 6, 1975: Ord. 1614 § 6, 1974; Ord. 1474 § 3, 1972; Ord.
1408 § 1, 1972; Ord. 1402 § 1, 1972; Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963: Ord. 69 §
1 (part), 1960).
2.40.030 Sick leave.
A. Rate of Accrual and Accumulation of Sick Leave. Employees covered by a
collective bargaining agreemerit shall accrue and accumulate sick leave in the amount
specified in the applicable collective bargaining agreement.
B. Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be
granted such leave for the foliowing reasons:
1. Personal illness or physical incapacity resulting from causes beyond
employee's control;
2. Quarantine of employee due to exposure to a contagious disease;
3. On-the-job injuries; any employee receiving sick leave with pay, who is
eligible for time-loss payments under the workman's compensation law
aha||, for the duration of such paynlent, receive only that portion of the
employee's regular salary xxhich, together with said paymnantn, will equal
the employee's regular salary. In order not to work an undue hardship on
the employee caused by the time lag involved in time-loss paymantS, the
employee shall be paid full salary and on receipt of time-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 in accordance with YMC 2.40.035. the death of a
member of the immediate family of an employee or employee's spouse;
5. Illness and disability caused or contributed to by pregnancy,
miscarriage, abortion, or childbirth;
6. Sick leave shall not be allowed for any period of time that the employee
is gainfully employed by another employer;
7. Leave taken pursuant to and in accordance with the Family and
Medical Leave Act of 1993 and the FMLA policy of the city of Yakima;
O. To care for a child of the employee with a health condition that requires
treatment or supervision; "child" as used herein means a bio|ogioa|,
odoptad, or foster ohi|d, a stepchild, a legal xvmrd, 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 disability;
9. To care for a spouse, parent, parent-in-law, or grandparent of an
employee who has a serious health condition or an emergency condition;
"parent" as used herein includes an individual who stood in Ioco 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 in advance of the
starting of his scheduled work day as poSsib|e, 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 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 department head.
(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 applications 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 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 recommendation 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 employee'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.
(Ord. 2005 -30 § 1, 2005; Ord. 2003 -78 § 1, 2003: Ord. 2001 -64 § 1,
2001; Ord. 2000 -29 § 1, 2000; Ord. 3403 § 7, 1991; Ord. 3077 § 1,
1988; Ord. 2153 §§ 6, 7, 1978; Ord. 1828 § 1, 1975; Ord. 1614 § 7,
1974: Ord. 1381 § 1, 1972; Ord. 854 § 4, 1966: Ord. 447 § 3, 1963:
Ord. 69 § 1 (part), 1960).
2.40.035 Bereavement leave.
In the event of the death of a member of the immediate family of a management
employee or his /her spouse, the employee shall be granted up to three days of
bereavement leave without loss of pay per calendar year. For purposes of this section,
"immediate family" means husband, wife, parent, grandparent, child, grandchild, brother,
or sister of the employee or his /her spouse. No leave of absence in excess of three days
for a family death shall be taken by an employee unless additional leave is
recommended by the employee's department head and approved by the appointing
authority. Approved leave in excess of three days for the death of a family member shall
be debited against the employee's accrued sick leave, annual leave, compensatory time,
paid time off and /or other accrued leave. (Ord. 2001 -64 § 2, 2001).
2.40.040 Civil leave.
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 other civil duties. Each
employee who is granted such |eove, and vvho, for the performance of the civil duties
invu|ved, received only cornpanoadon, shall be paid by the city for the time absent only
in the amount of excess of the regular salary over the compensation so received.(Ord.
819 § 1, 1865; [)rd. 447 § 4, 1963: Ord. 69 § 1 (part), 1980).
2.40.050 Military leave.
Leave not to exceed fifteen days during each calendar year, over and above annual
vacation or sick |aave, may be allowed any employee who is a member of the National
Guard or of any organized reserve or Armed Forces of the United States. The employee
will be paid his normal pay during such military leave period when taking part in active
training duty. The term "days" as used in this section means calendar days. No calendar
days shall be charged against the fifteen-day military leave period for nonwork days
before the beginning or after the end of any active military leave period. (Ord. 1911 § 1,
1976: Ord. 68 § 1 (part), 1080).
2.40.060 Leave without
- '_----'---------- pay. ------__ - -------------'--____ - __'-----_---__ - ' - '
A. Alt leave without pay must be requested and approved by the department head prior
to the beginning d e of such leave.
B. Leave without pay for more than fifteen working days must be approved in advance
by the appointing authority.
C. Leave without pay may be granted to an employee who has accrued vacation
recorded. This section shall not be construed as forbidding the use of leave without pay
as a disciplinary measure. (Ord. 182 § 2, 1975: Ord. 1745 § 7, 1975: Ord. 1614 § 8,
1974: Ord. 447 § 5, 1983: [)rd. 69 § 1 (part), 1980\.
3'40.070 Unauthorized absences.
Unauthorized absences 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. (Ord. 447 § 6, 1983: Ord. 69 § 1 (part), 1000).
2.40.080 Holidays with pay.
A. The following days are established as holidays with pay for all eligible employees of
the city of Yakima: the first day of January (New Year's Day), the third Monday of
January (Martin Luther King, Jr. Day), third Monday of February (President's Day), the
last Monday of May (Memorial C>ay\, fourth day of July (Independence Day), first
Monday of September (Labor Omy), eleventh day of November (Veterans' Day), fourth
Thursday of November (Thanksgiving Oay\, the day immediately following Thanksgiving
Day, and the twenty-fifth day of December (Christmas).
B. In addition to the days specified in subsection A of this SeCti0O, all eligible
employees shalt be entitled to one paid personal hotiday to be setected by the emptoyee
subject to the foltowing conditions:
1. The employee has been or is scheduled to be continuously employed
for the city for more than six months;
2. The employee has given not less than fourteen calendar days of
written notice to the appointing authority; provided, hOxvever, the employee
and the appointing authority may agree on an eartier date;
3. The appointing authority has approved the day;
4. The day selected does not prevent a department from providing
continued public service and does not interfere with the efficient operation
of the department;
5. The personal day must be taken during the calendar year or
entitlement to the day will lapse except when an employee has requested a
personal holiday and the request has been denied; and
6. The personal holiday is not taken off immediately before or
immediately after another holiday unless approved by the appointing
authority.
7. Management employees who are not a member of PERS 1 are not
eligible for the personal holiday in 2.40.080(B).
C. Except as provided by subsections 1 and J of this section, whenever any holiday
specified in subsection A of this section falls on a Saturday, the preceding Friday shall
be scheduled as a holiday for part of the employees of each city department, and the
remaining employees of each department shall be granted another day off within thirty
days after any such holiday, with such day off to be scheduled for each employee
entitled thereto at a time determined at the discretion of the department manager to be
practical so as not to interfere with service to the public, but so as to give the employee
the choice of the day preferred if possible.
D. Except as provided by subsections I and J of this section, whenever any holiday
specified in subsection A of this section falls on a Sunday, the succeeding Monday shall
be scheduled as a holiday; provided that if a service must be provided for the
convenience or necessity of the public on that Monday, the department providing such
service may assign an appropriate number of employees to work and such employees
will be granted an equivalent day off within thirty days of the holiday with such day off to
be scheduled for each employee entitled thereto at a time determined by the department
head but giving the employee the choice of the day preferred if possible.
E. Eligible employees shall receive one day's holiday pay at the straight time rate for
each holiday specified in subsection A of this section on which those employees perform
no work; if the eligible employee performs work on a holiday, that employee shall receive
holiday pay plus overtime pay for all hours worked, except for employees covered by
subsections 1 and J of this section. The holiday shall be included as "time worked" at
straight time for the purpose of determining whether an employee has worked forty
hours in a week.
F. When eligible employees below the level of division head 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 twenty -four 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.
G. In the event that a holiday occurs during a period of annual leave of an employee,
such holiday shall not be charged as a day of leave.
H. No employee shall be paid for a holiday unless such employee is in a pay status
both the workday before and the workday after such holiday except for employees
working special schedules wherein holidays are worked as a part of that schedule.
1. In the police and fire departments, holiday leave shall be governed by the applicable
collective bargaining agreement.
J. A management employee in the police department shall be granted time off in lieu of
holidays in an amount equal to the actual number of holidays enjoyed by other
employees during the calendar year. The amount of time off in lieu of holidays to be
granted during each year shall be computed each January and scheduled to be taken
during the calendar year. The amount of time off in lieu of holidays to be granted an
employee who is employed for a partial calendar year shall be prorated for the period of
the calendar year during which that individual is employed and a deduction shall be
taken from the salary of any employee who ceases employment and who has taken time
off in lieu of holidays in excess of the pro rata amount to be granted the employee by the
provisions of this section. Any time off in lieu of holidays not taken by December 31st of
each year shall be forfeited unless the city manager extends the time within which such
time off may be taken because of an emergency or other unusual circumstances.
K. In the event that a holiday falls on an employee's regular day off, the employee shall
have equal time off to be scheduled within ninety days. (Ord. 2002 -23 § 1, 2002: Ord.
2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 2041 § 1, 1977: Ord. 1967 § 1, 1976: Ord.
1848 §§ 1, 2, 1975; Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord.
69 § 1, 1960)..
2.40.100 Overtime pay.
A. Overtime payment will be allowed for an eligible employee below the rank of
division head when ordered to work at the rate of time and one -half except as follows:
1. For all employees covered by a collective bargaining agreement,
overtime shall be paid in the amount required in the applicable collective
bargaining agreement.
2. Overtime payment may be allowed for division heads at the rate of time
and one -half when required to work because of an emergency or unusual
circumstances if approved by the city manager.
3. Department directors, when required to work overtime in a non -
supervisory capacity because of an emergency determined by the city
manager, may be paid overtime at a straight time rate; provided,
department directors, when required to work in excess of forty hours during
any work week in a supervisory capacity because of an emergency or
unusual circumstance approved by the city manager, shall be paid at the
rate of time and one -half for such overtime work.
4. Compensating time off in lieu of overtime pay, as based on the rates
provided by this subsection, may be taken at a time agreed upon by the
department head and the employee, but may not be imposed by the
department head in lieu of overtime pay upon any employee who has not
so requested such compensating time off. Compensatory time off may be
accumulated to a maximum of five working days unless the city manager
approves additional accrual because of an emergency or other unusual
circumstance; provided, however, an employee, who as of February 8,
1979, has accumulated compensatory time in excess of five days, may
retain and use that accumulated compensatory time.
B. Overtime pay for eligible employees, other than fire department personnel, who are
paid at a monthly rate shall be computed by dividing the basic monthly salary by one
hundred seventy -three and thirty -three one - hundredths and multiplying by a factor of 1.5.
C. Fractions of an hour served on overtime duty shall be rounded to the next full hour
for the purpose of computing the amount of overtime.
D. Time spent by an eligible employee beyond the normal working day for training
classes or travel shall not be considered overtime work.
E. A minimum of two hours pay at the time and one -half rate will be paid to an eligible
employee who is called to return to work after leaving the worksite at the completion of
the shift, or called to work on a day off. Such call -out time shall be counted from the time
the employee leaves home and until the employee returns home.
F. Vacation leave, sick leave, paid time off, holidays and compensatory time used shall
be included as "time worked" at straight time for the purpose of determining whether an
employee has worked forty hours in a week. Civil leave, military leave and leave without
pay shall not be included as "time worked." (Ord. 2709 § 1, 1983: Ord. 2421 § 1, 1980;
Ord. 2400 § 1, 1980; Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1, 1976:
Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129 § 1, 1969: Ord. 854 § 6, 1966: Ord.
613 § 2, 1965: Ord. 44.7 § 9, 1963: Ord. 69 § 1 (part), 1960).
2.40.110 Sick leave transfer (SLT).
A. The city of Yakima allows eligible management employees and employees covered
by a collective bargaining agreement that include this benefit 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 chapter 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 twelve 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
seventy -two consecutive hours; or causes a person to be legally declared a
danger to him or herself or others. For purposes of this chapter, 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
fifteenth 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 thirty days.
4. SLT may be requested and granted in increments of no more than
ninety calendar days per request, up to the maximum allowed. If the
duration of the event exceeds ninety 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 eighty hours of annual leave and /or three hundred
eighty -eight 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 twenty -fifth 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 canceled.
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 ninety 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 twelve weeks (four
hundred eighty 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 fifty percent
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 SLT program, but may delegate
approval authority as he or she deems necessary. (Ord. 2012 -20 § 2, 2012).
Section 7. This ordinance shall be in full force and effect on December 1, 2014 after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21 day of October, 2014.
qui
ATTEST: MicaliCawl y, Mayor
.
" . '' ��rJ
•
' ity Clerk -
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Publication Date: October 24, 2014 •
Effective Date: November 23, 2014
F x .11
4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.K.
For Meeting of: October 21, 2014
ITEM TITLE: Ordinance adding section 2.40.015 and amending the City of
Yakima Leaves of Absence ordinance of the Yakima
Municipal Code to show vacation and sick leave benefits for
PERS 1 members in the management group
SUBMITTED BY: Bronson Faul, Assistant City Attorney
SUMMARY EXPLANATION:
This ordinance amends Yakima Municipal Code Chapter 2.40 Leaves of Absence to define
eligible employees; and, adds section 2.40.015 PERS 1 Management Employees in order to
show vacation and sick leave benefits for PERS 1 management employees.
PERS 1 management employees were not included in the Paid Time off Policy and the vacation
and sick leave benefits were deleted from the ordinance passed on October 7, 2014. To make
sure their benefits are unchanged, this ordinance codifies their vacation and sick leave benefits
into our municipal code. They are not getting new or additional benefits beyond what had
previously been provided.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
City Manager
APPROVED FOR
SUBMITTAL:
d Alert 6
RECOMMENDATION:
Pass the Ordinance.
ATTACHMENTS:
Description Upload Date Type
Ordinance -PERS 1 Management Time Off -
❑ 10/13/2014 Ordinance
Strikeout copy
❑ Ordinance -PERS 1 Management Time Off -Final 10/13/2014 Ordinance
C opy
ORDINANCE NO. 2014 -
AN ORDINANCE adding section 2.40.015 and amending the City of Yakima Leaves of
Absence ordinance of the Yakima Municipal Code to show vacation and
sick leave benefits for PERS 1 members in the management group.
WHEREAS, on October 7, 2014, the City Council passed Ordinance No. 2014 -023,
which created a paid time off policy for management group members who are not members of
PERS 1; and
WHEREAS, it is the intent of the City of Yakima that the leave benefits for the
management group who are members of PERS 1 remain unchanged from what they previously
have been and that the benefits for members of PERS 1 remain continuous; and
WHEREAS, it is the intent of this Ordinance, which will become effective on
December 1, 2014, on the same effective date as Ordinance No. 2014 -023, that the leave
benefits of management employees who are members of PERS 1 remain the same and
continuous; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 2.04 of the Yakima Municipal Code is amended to read as follows:
Chapter 2.40
LEAVES OF ABSENCE
Sections:
2.40.010 Eligible employees.
2.40.015 PERS 1 Management employees.
2.40.020 Vacation leave.
2.40.030 Sick leave.
2.40.035 Bereavement leave.
2.40.040 Civil leave.
2.40.050 Military leave.
2.40.060 Leave without pay.
2.40.070 Unauthorized absences.
2.40.080 Holidays with pay.
2.40.100 Overtime pay.
2.40.110 Sick leave transfer (SLT).
2.40.010 Eligible employees.
All employees of the city of Yakima shall be eligible for vacation pay, sick leave, civil
leave, military leave and holiday pay as provided in this chapter, except as follows:
1. Temporary or emergency employees shall not be eligible for any leave or
holiday privileges. Employees in permanent seasonal positions shall be
eligible for all leave privileges except vacation leave.
2. Management employees who are not a member of the Public Employees'
Retirement System Plan 1 (PERS 1) are not eligible for vacation or sick leave
accruals and will be governed by the Paid Time Off Policy for Unrepresented
Management Employees. (Ord. 2051 § 3, 1977: Ord. 1938 § 1, 1976: Ord.
1468 § 1, 1972: Ord. 1451 § 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960).
2.40.015 PERS 1 Management employees.
All employees of the city of Yakima who are members of PERS 1 and in the
management group shall accrue and accumulate the following types of leave:
A. Vacation Leave
1. Vacation leave shall accrue at the following rates:
a. Employees with less than two years of service shall earn eight hours
per month of service (twelve days per year);
b. Employees with two years or more but less than six years of service
shall earn nine and one third hours per full month of service (fourteen
days per year);
c. Employees with six years or more but less than ten years of service
shall earn twelve hours per full month of service (eighteen days per
year);
d. Employees with ten years or more but less than fifteen years of
service shall earn fourteen hours per month of service (twenty one
days per year);
e. Employees with fifteen or more years of service shall earn sixteen
hours per full month of service (twenty four days per year).
2. The employee may accumulate vacation leave time in an amount equal
to the vacation time the employee earns during two years of service,
according to the accrual rates above.
3. One time per calendar year, the employee may sell back up to
one third of the accrued vacation hours that were earned in the preceding
twelve month period submitted on a form generated by the finance
department.
4. Vacation Terminal Leave
a. A permanent employee, when leaving the service of the city in
good standing and who has given at least two weeks' notice of
their intention to leave, shall be compensated for vacation leave
earned and accumulated to the date of separation.
b. No compensation for vacation leave shall be payable to any
employee who terminates their employment or is terminated
before they have completed six months of service.
c. 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 separation. This provision shall apply to
employees who quit without giving at least two weeks' notice.
d. Terminal leave shall be computed by multiplying the hourly rate in
effect at the time of termination by the number of hours
accumulated.
B. Sick Leave
1. Sick leave shall accrue at the rate of two working 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,
commencing 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.
2. Unused sick leave may be accumulated for an unlimited maximum period.
3. Permissible use of sick leave shall be governed by YMC 2.40.030(B),
2.40.030(C) and 2.40.030(D).
4. Employees may exchange accrued sick leave for pay or for additional
leave time as appropriate, subject to the following provisions:
a. Except as provided in subsection 2.40.015(B)(4)(c), exchange of
accrued sick leave for cash will be granted for those employees
with less than ninety days (720 hours) of accrued sick leave in
accordance with the following:
i. 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.
ii. 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 includes layoff for budget reasons, resignation
with proper notice, and position abolition.
b. Except as provided in subsection 2.40.015(B)(4)(c), exchange of
accrued sick leave for additional leave days or for cash will be
granted to employees who have accrued ninety days (720 hours)
or more days subject to the following:
i. Upon retirement the employee's accrued sick leave up
through a maximum of one hundred twenty five days (1000
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.
ii. Upon termination under honorable conditions, as distinct
from retirement, the employee's accrued sick leave up to a
maximum of one hundred twenty five days (1000 hours)
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.
iii. Employees who have accrued more than ninety days (720
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.
c. Upon the death of an employee, the accrued sick leave up
through a maximum of one hundred twenty five days (1000 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.
d. The employee is eligible for sick leave transfer as provided in
YMC 2.40.110.
2.40.020 Vacation leave.
A. Rate of Accrual and Accumulation of Vacation Leave. Employees covered by a
collective bargaining agreement shall accrue and accumulate vacation leave in the
amount specified in the applicable collective bargaining agreement.
B. City Manager Discretion. The city manager shall have the discretion to adjust PTO
accruals for all management employees.
C. Reporting. Vacation and PTO leave with pay shall be reported to the personnel
department on forms and according to procedures as specified by the director of
personnel. (Ord. 2013 -036 § 1, 2013: Ord. 98 -34 § 1, 1998; Ord. 3403 § 6, 1991; Ord.
2363 §§ 1, 2, 1980; Ord. 2265 § 4, 1979; Ord. 2153 § 5, 1978; Ord. 1901 § 1, 1976; Ord.
1900 § 1, 1976; Ord. 1745 § 6, 1975: Ord. 1614 § 6, 1974; Ord. 1474 § 3, 1972; Ord.
1408 § 1, 1972; Ord. 1402 § 1, 1972; Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963: Ord. 69 §
1 (part), 1960).
2.40.030 Sick leave.
A. Rate of Accrual and Accumulation of Sick Leave. Employees covered by a
collective bargaining agreement shall accrue and accumulate sick leave in the amount
specified in the applicable collective bargaining agreement.
B. Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be
granted such leave for the following reasons:
1. Personal illness or physical incapacity resulting from causes beyond
employee's control;
2. Quarantine of employee due to exposure to a contagious disease;
3. On- the -job injuries; any employee receiving sick leave with pay, who is
eligible for time -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 involved in time -loss payments, the
employee shall be paid full salary and on receipt of time -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 in accordance with YMC 2.40.035, the death of a
member of the immediate family of an employee or employee's spouse;
5. Illness and disability caused or contributed to by pregnancy,
miscarriage, abortion, or childbirth;
6. Sick leave shall not be allowed for any period of time that the employee
is gainfully employed by another employer;
7. Leave taken pursuant to and in 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 disability;
9. To care for a spouse, parent, parent -in -law, or grandparent of an
employee who has a serious 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 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 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 department head.
(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 applications 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 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 recommendation 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 employee'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.
(Ord. 2005 -30 § 1, 2005; Ord. 2003 -78 § 1, 2003: Ord. 2001 -64 § 1,
2001; Ord. 2000 -29 § 1, 2000; Ord. 3403 § 7, 1991; Ord. 3077 § 1,
1988; Ord. 2153 §§ 6, 7, 1978; Ord. 1828 § 1, 1975; Ord. 1614 § 7,
1974: Ord. 1381 § 1, 1972; Ord. 854 § 4, 1966: Ord. 447 § 3, 1963:
Ord. 69 § 1 (part), 1960).
2.40.035 Bereavement leave.
In the event of the death of a member of the immediate family of a management
employee or his /her spouse, the employee shall be granted up to three days of
bereavement leave without loss of pay per calendar year. For purposes of this section,
"immediate family" means husband, wife, parent, grandparent, child, grandchild, brother,
or sister of the employee or his /her spouse. No leave of absence in excess of three days
for a family death shall be taken by an employee unless additional leave is
recommended by the employee's department head and approved by the appointing
authority. Approved leave in excess of three days for the death of a family member shall
be debited against the employee's accrued sick leave, annual leave, compensatory time,
paid time off and /or other accrued leave. (Ord. 2001 -64 § 2, 2001).
2.40.040 Civil leave.
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 other civil duties. Each
employee who is granted such leave, and who, for the performance of the civil duties
involved, received only compensation, shall be paid by the city for the time absent only
in the amount of excess of the regular salary over the compensation so received.(Ord.
619 § 1, 1965; Ord. 447 § 4, 1963: Ord. 69 § 1 (part), 1960).
2.40.050 Military leave.
Leave not to exceed fifteen days during each calendar year, over and above annual
vacation or sick leave, may be allowed any employee who is a member of the National
Guard or of any organized reserve or Armed Forces of the United States. The employee
will be paid his normal pay during such military leave period when taking part in active
training duty. The term "days" as used in this section means calendar days. No calendar
days shall be charged against the fifteen -day military leave period for nonwork days
before the beginning or after the end of any active military leave period. (Ord. 1911 § 1,
1976: Ord. 69 § 1 (part), 1960).
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.
C. Leave without pay may be granted to an employee who has accrued vacation
recorded. This section shall not be construed as forbidding the use of leave without pay
as a disciplinary measure. (Ord. 182 § 2, 1975: Ord. 1745 § 7, 1975: Ord. 1614 § 8,
1974: Ord. 447 § 5, 1963: Ord. 69 § 1 (part), 1960).
2.40.070 Unauthorized absences.
Unauthorized absences 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. (Ord. 447 § 6, 1963: Ord. 69 § 1 (part), 1960).
2.40.080 Holidays with pay.
A. The following days are established as holidays with pay for all eligible employees of
the city of Yakima: the first day of January (New Year's Day), the third Monday of
January (Martin Luther King, Jr. Day), third Monday of February (President's Day), the
last Monday of May (Memorial Day), fourth day of July (Independence Day), first
Monday of September (Labor Day), eleventh day of November (Veterans' Day), fourth
Thursday of November (Thanksgiving Day), the day immediately following Thanksgiving
Day, and the twenty -fifth day of December (Christmas).
B. In addition to the days specified in subsection A of this section, all eligible
employees shall be entitled to one paid personal holiday to be selected by the employee
subject to the following conditions:
1. The employee has been or is scheduled to be continuously employed
for the city for more than six months;
2. The employee has given not less than fourteen calendar days of
written notice to the appointing authority; provided, however, the employee
and the appointing authority may agree on an earlier date;
3. The appointing authority has approved the day;
4. The day selected does not prevent a department from providing
continued public service and does not interfere with the efficient operation
of the department;
5. The personal day must be taken during the calendar year or
entitlement to the day will lapse except when an employee has requested a
personal holiday and the request has been denied; and
6. The personal holiday is not taken off immediately before or
immediately after another holiday unless approved by the appointing
authority.
7. Management employees who are not a member of PERS 1 are not
eligible for the personal holiday in 2.40.080(B).
C. Except as provided by subsections I and J of this section, whenever any holiday
specified in subsection A of this section falls on a Saturday, the preceding Friday shall
be scheduled as a holiday for part of the employees of each city department, and the
remaining employees of each department shall be granted another day off within thirty
days after any such holiday, with such day off to be scheduled for each employee
entitled thereto at a time determined at the discretion of the department manager to be
practical so as not to interfere with service to the public, but so as to give the employee
the choice of the day preferred if possible.
D. Except as provided by subsections I and J of this section, whenever any holiday
specified in subsection A of this section falls on a Sunday, the succeeding Monday shall
be scheduled as a holiday; provided that if a service must be provided for the
convenience or necessity of the public on that Monday, the department providing such
service may assign an appropriate number of employees to work and such employees
will be granted an equivalent day off within thirty days of the holiday with such day off to
be scheduled for each employee entitled thereto at a time determined by the department
head but giving the employee the choice of the day preferred if possible.
E. Eligible employees shall receive one day's holiday pay at the straight time rate for
each holiday specified in subsection A of this section on which those employees perform
no work; if the eligible employee performs work on a holiday, that employee shall receive
holiday pay plus overtime pay for all hours worked, except for employees covered by
subsections I and J of this section. The holiday shall be included as "time worked" at
straight time for the purpose of determining whether an employee has worked forty
hours in a week.
F. When eligible employees below the level of division head 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 twenty -four 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.
G. In the event that a holiday occurs during a period of annual leave of an employee,
such holiday shall not be charged as a day of leave.
H. No employee shall be paid for a holiday unless such employee is in a pay status
both the workday before and the workday after such holiday except for employees
working special schedules wherein holidays are worked as a part of that schedule.
I. In the police and fire departments, holiday leave shall be governed by the applicable
collective bargaining agreement.
J. A management employee in the police department shall be granted time off in lieu of
holidays in an amount equal to the actual number of holidays enjoyed by other
employees during the calendar year. The amount of time off in lieu of holidays to be
granted during each year shall be computed each January and scheduled to be taken
during the calendar year. The amount of time off in lieu of holidays to be granted an
employee who is employed for a partial calendar year shall be prorated for the period of
the calendar year during which that individual is employed and a deduction shall be
taken from the salary of any employee who ceases employment and who has taken time
off in lieu of holidays in excess of the pro rata amount to be granted the employee by the
provisions of this section. Any time off in lieu of holidays not taken by December 31st of
each year shall be forfeited unless the city manager extends the time within which such
time off may be taken because of an emergency or other unusual circumstances.
K. In the event that a holiday falls on an employee's regular day off, the employee shall
have equal time off to be scheduled within ninety days. (Ord. 2002 -23 § 1, 2002: Ord.
2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 2041 § 1, 1977: Ord. 1967 § 1, 1976: Ord.
1848 §§ 1, 2, 1975; Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord.
69 § 1, 1960).
2.40.100 Overtime pay.
A. Overtime payment will be allowed for an eligible employee below the rank of
division head when ordered to work at the rate of time and one -half except as follows:
1. For all employees covered by a collective bargaining agreement,
overtime shall be paid in the amount required in the applicable collective
bargaining agreement.
2. Overtime payment may be allowed for division heads at the rate of time
and one -half when required to work because of an emergency or unusual
circumstances if approved by the city manager.
3. Department directors, when required to work overtime in a non -
supervisory capacity because of an emergency determined by the city
manager, may be paid overtime at a straight time rate; provided,
department directors, when required to work in excess of forty hours during
any work week in a supervisory capacity because of an emergency or
unusual circumstance approved by the city manager, shall be paid at the
rate of time and one -half for such overtime work.
4. Compensating time off in lieu of overtime pay, as based on the rates
provided by this subsection, may be taken at a time agreed upon by the
department head and the employee, but may not be imposed by the
department head in lieu of overtime pay upon any employee who has not
so requested such compensating time off. Compensatory time off may be
accumulated to a maximum of five working days unless the city manager
approves additional accrual because of an emergency or other unusual
circumstance; provided, however, an employee, who as of February 8,
1979, has accumulated compensatory time in excess of five days, may
retain and use that accumulated compensatory time.
B. Overtime pay for eligible employees, other than fire department personnel, who are
paid at a monthly rate shall be computed by dividing the basic monthly salary by one
hundred seventy -three and thirty -three one - hundredths and multiplying by a factor of 1.5.
C. Fractions of an hour served on overtime duty shall be rounded to the next full hour
for the purpose of computing the amount of overtime.
D. Time spent by an eligible employee beyond the normal working day for training
classes or travel shall not be considered overtime work.
E. A minimum of two hours pay at the time and one -half rate will be paid to an eligible
employee who is called to return to work after leaving the worksite at the completion of
the shift, or called to work on a day off. Such call -out time shall be counted from the time
the employee leaves home and until the employee returns home.
F. Vacation leave, sick leave, paid time off, holidays and compensatory time used shall
be included as "time worked" at straight time for the purpose of determining whether an
employee has worked forty hours in a week. Civil leave, military leave and leave without
pay shall not be included as "time worked." (Ord. 2709 § 1, 1983: Ord. 2421 § 1, 1980;
Ord. 2400 § 1, 1980; Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1, 1976:
Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129 § 1, 1969: Ord. 854 § 6, 1966: Ord.
613 § 2, 1965: Ord. 44.7 § 9, 1963: Ord. 69 § 1 (part), 1960).
2.40.110 Sick leave transfer (SLT).
A. The city of Yakima allows eligible management employees and employees covered
by a collective bargaining agreement that include this benefit 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 chapter 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 twelve 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
seventy -two consecutive hours; or causes a person to be legally declared a
danger to him or herself or others. For purposes of this chapter, 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
fifteenth 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 thirty days.
4. SLT may be requested and granted in increments of no more than
ninety calendar days per request, up to the maximum allowed. If the
duration of the event exceeds ninety 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 eighty hours of annual leave and /or three hundred
eighty -eight 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 twenty -fifth 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 canceled.
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 ninety 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 twelve weeks (four
hundred eighty 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 fifty percent
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 SLT program, but may delegate
approval authority as he or she deems necessary. (Ord. 2012 -20 § 2, 2012).
Section 7. This ordinance shall be in full force and effect on December 1, 2014 after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21s day of October, 2014.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.G.
For Meeting of: November 18, 2014
III
ITEM TITLE: Ordinance adding section 2.40.120 and amending the City of
Yakima Leaves of Absence ordinance of the Yakima
Municipal Code to show vacation and paid time off buy-
back in the management group
SUBMITTED BY: Bronson Faul, Assistant City Attorney
SUMMARY EXPLANATION:
On October 7, 2014, the City Council passed Ordinance No. 2014 -023, which inadvertantly
removed the vacation buy -back program from the Municipal Code for management employees.
The City of Yakima wishes to continue the vacation /paid time off (PTO) buy -back program for
the management group; this ordinance provides for that program.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Public Trust and Accountability
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
z Akvir &
RECOMMENDATION:
Pass the ordinance
ATTACHMENTS:
Description Upload Date Type
❑ Ordinance - Vacation -PTO Buy -Back 11/5/2014 Ordinance