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Resolution 06-026 Repealing & Replacing Employee Benefit Provisions - Holiday, Vacation, Leave • CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 06-026 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION NO. 04-020, SPECIFYING THE HOLD/AY, VACATION, AND LEAVE BENEFIT PROVISIONS FOR CITY EMPLOYEES. WHEREAS, the City Council desires to adopt policies for City employees, including holidays, vacation time and leave benefits afforded to City employees; and WHEREAS, the policies and benefits stated in this Resolution are subject to periodic review by the City Council for the purpose of clarifying, modifying or deleting the same in order to serve the best interest of the City as solely determined by the City Council pursuant to RCW 35A.11.020; and WHEREAS, the employee benefits provided in this Resolution shall be applied equitably to all City employees unless provided otherwise through contract or other action of the City Council or City Manager. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Holidays. A. Pursuant to Spokane Valley Municipal Code 2.60.010, the City recognizes the following legal holidays: New Year's Day -January 1 Martin Luther King,Jr. Day -3rd Monday of January President's Day - 3rd Monday of February Memorial Day -Last.Monday of May Independence Day -July 4 Labor Day - 1st Monday of September Veterans Day -November 11 Thanksgiving Day -4th Thursday of November Day after Thanksgiving Christmas Day -December 25 13. In the event the holiday falls upon a Saturday, the preceding Friday shall be deemed to be the legal holiday. In the event the holiday falls on a Sunday, the following Monday shall be deemed to be the legal holiday. C. Regular full-time employees shall receive eight hours of pay at their straight-time rate for each holiday, as long as they are in paid status on their regular, scheduled work day preceding the holiday and the day immediately following the holiday. Regular part-time employees shall receive a pro rata share of their compensation for each approved holiday, as long as they arc in paid status immediately preceding and following the holiday. D. If an employee is required to work on a holiday, he/she will receive straight time for all hours worked on that day. The employee shall be granted another day off during the Resolution 06-026 Modifying Employee Leave Page I of 4 • month in which the holiday was celebrated or shall receive holiday pay rather than the equivalent time off. E. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. Section 2. Vacation Benefits. A. Vacation leave is established for the mutual benefit of the City and the employee. The purpose of vacation leave is to provide employees with adequate time away from work and to provide the City with well-rested and efficient employees, but no vested right to vacation leave is hereby guaranteed by the City. Vacation leave may be used as soon as it is accrued. B. Regular full-time employees shall accrue vacation at the following rate: Initial hire through the fifth complete year of continuous employment - eight (8) hours per month; after five (5) full years of continuous employment - ten (10) hours per month; after ten (10) full years of continuous employment-twelve(12) hours per month. C. Regular part-time employees shall accrue vacation leave on a pro-rata basis. For example, if an employee works twenty (20) hours per week, vacation accrual shall be fifty percent(50%)of the above amounts. D. The maximum vacation accrual that will he paid upon separation or carried forward at year end(December 31) shall be 360 hours. E. When desired to induce a highly experienced employee to accept employment with the City of Spokane Valley, the City Manager is authorized to credit a maximum of eighty(80)additional hours of vacation leave to a prospective employee who has at least ten (10)years of prior successful experience in a similar position for which the employee is being hired. The City Manager may further establish the vacation accrual schedule as set forth in Subsection B. Section 3. Sick Leave Benefits. A. Sick leave is granted to regular employees to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Accrued sick leave may be used only for the employee's own illness or injury, or as authorized by RCW 49.12 and the Washington Family Care Rules, WAC 296-130, as adopted or as may be amended. 13. Sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is hereby guaranteed by the City. In the event that abuse of sick leave is suspected, excessive absenteeism or tardiness occurs, or after three (3) consecutive days of sick leave, an employee may be required to provide medical certification from his or her health care provider. Abuse of sick leave or excessive absenteeism or tardiness may he grounds for disciplinary action, up to and including termination. C. Sick leave shall be accrued by regular full-time employees at the rate of eight(8) hours per month. Regular part-time employees shall accrue sick leave on a pro-rata basis. Sick leave may be carried forward at year end, provided no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the Resolution 06-026 Modifying Employee Leave Page 2 of 4 employee may convert up to ninety-six (96) hours of the sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same at 25% of the employee's regular wage. For example, 96 hours of sick leave may be converted to 24 hours of regular pay. Any payout will be included in the last pay period of the year. D. An employee may use up to 24 hours of sick leave as bereavement leave in the case of a death of a member of the employee's immediate family. "Immediate family" shall be defined as spouse, mother, father, mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Section 4. Military Leave. A. In accordance with RCW 38.40.060 any employee who is a member of the Washington National Guard or a federal reserve unit shall be entitled to time off with pay for up to fifteen days during each calendar year while participating in officially ordered military duty. A copy of the employee's orders shall be placed in the employee's personnel file. Military leave shall not be deducted from vacation or sick leave. B. Any military leave time required in excess of the fifteen (15)days paid leave authorized in paragraph A above shall be in conformance with the Uniformed Services Employment and Reemployment Rights Act of 1994(USERRA). Section S. Jury or Court Duty. A regular employee who is required to serve on a jury or as a result of official City duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall he granted paid leave for the time that the employee needs to be released from regular duties; provided, that the supervisor is promptly notified of the conflict or if the employee is excused from the appearance such as for an afternoon. The employee shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or reimbursement received for such court or jury duty, up to the amount paid as paid leave. Section 6. Leave without Pay. Upon approval by the City Manager, leave without pay may be granted for a period not to exceed ten (10) working days for illness, injury, educational purposes, or additional vacation. Leave without pay may not be taken until an employee has exhausted his/her accrued paid leave balances; provided however that at the sole discretion of the City Manager, paid leave balances may be used in conjunction with leave without pay in order to minimize temporary impacts to employee's insurance coverage. Section 7. Leave of Absence Without Pay. At the sole discretion of the City Manager, an employee may be granted a leave of absence without pay for a period of not less than two(2) weeks and not more than twenty-six (26) weeks. Approval of such leave shall be in writing and signed by the City Manager.No vacation or sick leave benefits or other fringe benefits shall accrue while an employee is on leave of absence. The employee's anniversary date will be adjusted by the length of the leave granted. Upon expiration of the leave of absence, the City may at its discretion reinstate the employee in the position held at the time the leave was granted, offer the employee another available position, or take other appropriate action. The employee's insurance coverage may be impacted. Terms of coverage shall be in accordance with the City's insurance plan sponsor. A leave of absence without pay may not be taken until an employee has exhausted his/her accrued paid leave balances; provided however that at the sole discretion of the City Manager, paid leave balances may be used in conjunction with leave of absence without pay in order to minimize temporary impacts to employee's insurance coverage. Resolution 06-026 Modifying Employee Leave Page 3 of 4 ' I Section 8. Family and Medical Leave. The City shall provide family and medical leave as required under the applicable state and federal laws. Section 9. No Vested Rights. Nothing in this Resolution shall be deemed to vest a right or interest in the benefits hereby granted by the City, and the City Council retains the right to change any benefits or provisions of this resolution at any time. Section 10. Administration. The City Manager is authorized, directed and empowered to develop and promulgate administrative policies, procedures, rules, forms and materials as needed to implement the leave provisions adopted herein, and consistent with all related state, federal, and City laws. Section 11. Repeal of Resolution, The Council hereby repeals Resolution No. 04-020. Section 12. Effective Date. This Resolution will take effect upon adoption. Adopted this 12 day of December, 2006. City of Spokane Valley Dt e,A"6, LJ Diana Wilhite,Mayor A'L ;S '_ hristine Bain•ridge, Ci C er Approved as to form: • Office of the City A /ney Resolution 06.026 Modifying Employee Leave Page 4 of 4