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Resolution 03-022 Specifying Holiday, Vacation, Leave Benefits CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-022 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SPECIFYING THE HOLIDAY, VACATION, AND LEAVE BENEFIT PROVISIONS FOR CITY EMPLOYEES. WHEREAS, the City Council desires to a adopt policies for city employees, including holidays, vacation time and leave benefits afforded to City employees; WHEREAS, the policies and benefits stated in this Resolution are subject to annual 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 equally 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 City Ordinance No. 13, regular full-time and regular part-time employees shall receive the following paid holidays: New Year's Day - January 1 Martin Luther King - 3rd Monday In January President's Day - 3rd Monday of February Memorial Day - Last Monday Of May Independence Day - July 4 Labor Day - 1st Monday of September Veteran's Day -November 11 Thanksgiving Day - 4th Thursday of November Day After Thanksgiving Christmas Day - December 25 B. In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. • C. Regular part-time employees shall receive a pro rata share of their compensation for each approved holiday. Page 1 P:1Resotutions\Bcnefits Resolution,03-.doc D. If an employee is required to work on a holiday, the employee shall be granted another day off during the month in which the holiday was celebrated or the employee shall receive holiday pay rather than 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. F. Non-exempt employees required to work on any designated holiday shall receive the overtime rate of pay. 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 be paid upon separation or carried forward at year end (December 31) shall be 360 hours. E. When required 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. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step- child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision as more particularly established in WAC Chapter 296-130. Sick leave Page 2 P:\Resolutions\Benefits Resolution,03-.doc may also be used for the care, treatment and preventative health care of the employee and dependents. B. 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 be 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 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 to 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. A. Any military leave time required in excess of the fifteen days paid leave authorized in paragraph A of Section 23 above shall be in conformace with the Uniformed • Services Employment and Reemployment Rights Act of 1994 (USERRA). Section 5. 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 be 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. Page 3 PARcs+,lutions\Benefits Resolution,03-,doc Section 6. Leave without Pay. Upon approval by the City Manager, leave without pay may be granted for a period not to exceed fifteen working days for illness, injury, educational purposes, or additional vacation. Leave without pay may not be taken until an employee has exhausted existing paid leave balances. Section 7. Leave of Absence Without Pay. Upon the request by the employee, the city manager may grant a leave of absence without pay for a period of not less than three (3) weeks and not more twenty-six (26). 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 employee shall be reinstated in the position held at the time the leave was granted. Any employee on approved leave of absence may continue his/her medical insurance coverage by paying the full cost to the City in advance for each month of the leave of. absence. A leave of absence without pay may not be taken until an employee has exhausted existing paid leave balances. Section 8. Family and Medical Leave. Employees shall be granted family and medical leave in accordance with the provisions of the State Family Leave Act, Chapter 49.78 RCW, and the Federal Family and Medical Leave Act of 1993. Family and medical leave granted under either of such Acts shall be unpaid unless otherwise provided therein. Up to 40 hours of sick leave may be used per calendar year to care for an employee's parent with a serious health condition meeting the criteria for leave under the Federal Family and Medical Leave Act of 1993 (FMLA). 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 ordinance 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 and Federal laws, as well as City ordinances and resolutions. Section 11. Effective Date. This Resolution will take effect on the official date of incorporation. Adopted this rg,D day of March, 2003. City of Spokane Valley • Mayor Michael DeVlem g Page 4 P:1Resolutions\Bcncfits Resolution,03..doc ATTEST: d! j.7)/1.44./.../".....c....d Interim City lerk, Ruth Muller Approved as to Form: tc ' 1 City . e i= , Stanley . Schwartz • Page 5 P:IResolutions\Bcncfits Resolution,03-.doc