Chapter 2.54
VACATION, SICK LEAVE AND HOLIDAYS
Sections:
2.54.010 Definitions.
2.54.020 Holidays granted.
2.54.030 Accrual of annual vacation.
2.54.035 Shared leave.
2.54.040 Effect of leave on vacation.
2.54.050 Effect of termination on vacation.
2.54.060 Effect of transfer on vacation.
2.54.065 Sick leave entitlement.
2.54.070 Sick leave accrual.
2.54.080 Conditions for granting sick leave.
2.54.085 Repealed.
2.54.090 Notification and report on taking sick leave.
2.54.100 Physician’s certificate.
2.54.110 Failure to fulfill sick leave conditions.
2.54.120 Effect of other compensation on sick leave.
2.54.130 Effect of transfer or termination on sick leave.
2.54.135 Bereavement leave.
2.54.140 Crediting prior accrued benefits.
2.54.145 Sick leave incentive.
2.54.150 Repealed.
2.54.160 Repealed.
2.54.170 Management benefit program.
2.54.200 Severability.
2.54.010 Definitions.
A. “Continuous Service.” See LMC 2.48.020.
B. “Regular full-time employees” means employees who have completed the orientation period and are in full-time positions that are considered to be year-round positions (as opposed to seasonal). Regular full-time employees are entitled to a full employee benefit package of sick leave accrual, vacation accrual, medical/dental/vision, long-term disability, life insurance benefits and retirement system membership.
C. “Regular part-time employees” means employees who work a minimum of 20 hours per week but less than 40 hours per week on a regular year-round basis and have completed the orientation period. They are eligible for retirement system enrollment and receive pro-rated medical, vision, and leave benefits, based on the number of hours allocated for their positions. (Ord. 2286 § 3, 1999; Ord. 899 § 5, 1976; Ord. 204 § 1, 1964)
2.54.020 Holidays granted.
A. Holidays Designated. Each regular employee not otherwise covered by a collective bargaining agreement shall be entitled to paid time off at their designated accrual rate on each of the following holidays, which are declared to be official holidays of the city:
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New Year’s Day |
January 1st |
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Martin Luther King Jr. Day |
3rd Monday in January |
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President’s Day |
3rd Monday in February |
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Memorial Day |
Last Monday in May |
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Independence Day |
July 4th |
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Labor Day |
1st Monday in September |
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Veterans’ Day |
November 11th |
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Thanksgiving Day |
4th Thursday in November |
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Day after Thanksgiving |
4th Friday in November |
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Day before Christmas |
December 24th |
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Christmas |
December 25th |
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One Floating Holiday* |
To be scheduled with department head; approved on an individual basis. |
*A new employee shall be eligible for a floating holiday after completion of six months’ continuous service.
The floating holiday must be taken during the calendar year or entitlement to the day will lapse, except when an employee has requested the day and the request has been denied.
If the date of any above-mentioned holiday should be changed, the new date shall be deemed a holiday, and any such holiday falling on Sunday shall be observed the following Monday, with the exception of December 24th. When December 24th falls on a Sunday, it will be observed on the following Tuesday; and when December 24th falls on Friday, it will be observed on Thursday. A holiday falling on Saturday shall be observed on the preceding Friday. In addition to the above, any day or portion thereof may be designated as a holiday by the city council.
B. Compensation for Holidays Worked. Any regular full-time employee (not covered by union contract or exempt status) who works on any holiday shall be paid time-and-one-half, plus the holiday pay.
C. When Paid. Any employee shall receive the holiday with pay only if in a paid status the work day before and the work day after the holiday. (Ord. 2546 § 1, 2005; Ord. 2286 § 5, 1999; Ord. 1498, 1986; Ord. 958 § 7, 1978; Ord. 889 § 6, 1976; Ord. 730 § 11, 1974; Ord. 587 § 1, 1971; Ord. 540 § 5, 1970; Ord. 463 § 1, 1969; Ord. 204 § 2, 1964)
2.54.030 Accrual of annual vacation.
A. Schedule. Each regular full-time employee shall accrue the following amount of vacation time with pay depending on the length of continuous service with the city, and may only be drawn by an employee after satisfactory completion of his orientation period. Regular part-time employees will receive a pro-rated amount of vacation based on the number of hours allocated to their position.
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Length of Continuous Service |
Vacation Time Accrued (Working Days Per Year) |
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After 6 months |
5 |
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1 year |
10 (Includes five days after 6 months) |
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3 years |
12 |
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6 years |
15 |
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9 years |
17 |
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11 years |
19 |
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16 years |
21 |
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20 years |
25 |
Vacation time shall accrue on a monthly basis using the ratio of the number of vacation days per year to which the employee will be entitled divided by 12 (i.e., ten-twelfths of a working day per month).
B. Time Taken. Vacation time shall be taken within the 12-month period following the period for which it is accumulated and may not be extended without the approval of the mayor. (Ord. 2354 § 1, 2001; Ord. 2286 § 6, 1999; Ord. 1556 § 2, 1986; Ord. 556 § 4, 1970; Ord. 204 § 3, 1964)
2.54.035 Shared leave.
A. The purpose of shared leave is to permit city employees, at no additional cost to the city other than the administrative costs of administering the program, to come to the aid of a fellow city employee who:
1. Has been called to active duty (not including regular summer duty) to serve in the armed forces; or
2. Is suffering from or has an immediate family member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment.
B. A department head, with the mayor’s approval, may permit an employee to receive shared leave under this chapter if:
1. The employee:
a. Has been called to active duty (not including regular summer duty) to serve in the armed forces; or
b. Suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the city.
2. In cases of employee illness, the employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave.
3. Prior to the use of shared leave, the employee has abided by the city’s sick leave policy.
4. In cases of employee illness, the employee has diligently pursued and is found to be ineligible for state industrial insurance benefits.
5. The use of shared leave will not significantly increase the city’s costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee’s department.
C. The department head, with the concurrence of the mayor, shall determine the amount of shared leave, if any, which an employee may receive under this section. The employee shall be required to provide appropriate military orders of activation or medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. An employee shall not receive more than a total of 1,040 hours of shared leave throughout the employee’s employment. To the extent possible, shared leave should be used on a consecutive basis.
D. Employees may request their department head to approve the transfer of a specified amount of accrued vacation leave to an employee who is authorized to receive shared leave as provided herein. In order to be eligible to donate vacation leave, an employee must have a total of more than 80 hours of accrued vacation leave, have taken at least 80 hours of vacation leave within the calendar year or have a total of accrued and used vacation leave of greater than 80 hours. The department head shall not transfer vacation leave in excess of the amount specified in the request. All donations of leave shall be voluntary. The department head shall determine that no significant increase in city costs will occur as a result of a donation of leave.
E. Leave may be transferred from an employee(s) from one department to an employee of the same or, with the concurrence of both department heads, to an employee of another department.
F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation leave.
1. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave.
2. The employee’s salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee’s salary and other benefits, including but not limited to state industrial insurance or any other benefit received as a result of payments by the city to an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status.
G. Vacation leave shall be transferred on an hour-for-hour basis. The minimum allowable transfer of vacation leave shall be in four-hour increments.
H. The administrative services department shall be responsible for monitoring the donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave for both the donor and recipient. The administrative services department shall determine the appropriate fund transfers and budget amendments as needed for city council action. Records of all leave time transferred shall be maintained.
I. Once vacation leave is transferred to the donee employee, that vacation shall henceforth remain in the donee employee’s accrual until exhausted and shall not revert back to the original donor employee.
J. The human resources department shall monitor the use of shared leave to ensure equivalent treatment for all employees of the city. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave.
K. This program has been established as a pilot program subject to review within one calendar year. The city in its sole discretion may cancel this program. Participation in the program shall be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate Union bargaining representative indicating that the Union understands the program is a pilot program, agrees that the program shall not establish a past practice by the city or otherwise obligate the city to continue the program and acknowledging that the city may cancel the program at any time or review it on one-year increments, extending it from time-to-time as the city, in its sole discretion, shall determine appropriate. (Ord. 2491 § 1, 2004; Ord. 1809 § 1, 1991)
2.54.040 Effect of leave on vacation.
Employees who are granted a leave of absence with pay for any purpose shall continue to accrue vacation leave at the regularly prescribed rate during such absence. (Ord. 204 § 4, 1964)
2.54.050 Effect of termination on vacation.
Each employee whose service is terminated shall be compensated for any accumulated vacation leave earned prior to the effective date of such termination. (Ord. 2354 § 2, 2001; Ord. 204 § 5, 1964)
2.54.060 Effect of transfer on vacation.
When an employee is transferred to another position, any unused vacation leave which may have accumulated to his credit shall continue to be available for his use as necessary. (Ord. 204 § 6, 1964)
2.54.065 Sick leave entitlement.
Sick leave entitlement shall accrue for all regular employees, except those in LMC 2.52.110, based on rates established in this chapter, and as specified in union contracts, including L.E.O.F.F. Retirement System, Plan II. Such leave shall, in accordance with RCW 41.48.100 through 41.48.180, be paid on account of the employee’s illness or accident, disability (including maternity), or qualifying illness or disability of a qualified family member. Qualified family members, as defined in RCW 49.12.270, are limited to: children, spouse, parent, parent-in-law or grandparent. (Ord. 2456 § 1, 2003; Ord. 2354 § 3, 2001; Ord. 2286 § 7, 1999; Ord. 1155 § 1, 1980)
2.54.070 Sick leave accrual.
Sick leave with pay shall accrue at the rate of eight hours per month for all regular full-time employees. Regular part-time employees will accrue sick leave at a pro-rated rate, based on the number of hours they are allocated to work. Any such leave accrued but unused in any year shall be accumulative for succeeding years. An orientation period employee is not eligible to use sick leave until he/she has completed one month of continuous employment. Upon completion of the six months’ orientation period, the regular accumulation of sick leave shall be credited. Employees who are granted a leave of absence with pay for any purpose shall continue to accrue sick leave at the regularly prescribed rate during such absence. Upon termination of employment, any unused sick leave may be converted to pay on the following basis:
A. Termination – Voluntary or discharge: five hours of up to 720 hours unused sick leave equals one hour pay;
B. Termination by layoff: three hours of up to 720 hours unused sick leave equals one hour pay;
C. Retirement under P.E.R.S. or Death.
1. Two years of accumulation (192 hours): one hour unused sick leave equals one hour pay;
2. Balance of unused sick leave (up to 528 hours): three hours unused sick leave equals one hour pay.
The provisions of this paragraph shall not apply to those employees who are covered by the L.E.O.F.F. Act or other negotiated union agreements. (Ord. 2312 § 1, 2000; Ord. 2286 § 8, 1999; Ord. 2027 § 2, 1995; Ord. 1374 § 5, 1983; Ord. 1189 § 2, 1981; Ord. 824 § 6, 1976; Ord. 769 § 10, 1974; Ord. 609 § 2, 1971; Ord. 556 § 5, 1970; Ord. 204 § 7, 1964)
2.54.080 Conditions for granting sick leave.
An employee eligible for sick leave with pay shall be granted such leave for the following reasons:
A. Personal illness or physical incapacity resulting from cause beyond employee’s control.
B. Forced quarantine of the employee in accordance with community health requirements.
C. Care for a child of the employee with a health condition as provided in Chapter 49.78 RCW.
D. Care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or emergency condition as provided in RCW 49.12.270.
E. A true emergency, requiring emergency medical care of a member of the employee’s immediate family, which includes the parent, brother, sister, spouse, child, parent-in-law, or grandparent, but is not limited thereto, of the employee.
F. It is expressly understood that an employee eligible for sick leave with pay shall be granted such leave solely for a bona fide illness or physical incapacity of the employee, and such other basis as outlined in the preceding paragraphs of this section. Any employee who violates this provision shall be subject to disciplinary action up to and including discharge.
G. The provisions of this section shall not apply to those employees who are covered by the L.E.O.F.F. Act. (Ord. 2576 § 1, 2005; Ord. 2456 § 2, 2003; Ord. 2312 § 2, 2000; Ord. 1645 § 1, 1988; Ord. 1556 § 1, 1986; Ord. 958 § 8, 1978; Ord. 889 § 7, 1976; Ord. 824 § 7, 1976; Ord. 609 § 2, 1971; Ord. 204 § 8, 1964)
2.54.085 Eligibility for exclusion of sick leave payments from Social Security.
Repealed by Ord. 1645.
2.54.090 Notification and report on taking sick leave.
An employee on sick leave shall inform the person designated by his department head of the fact and the reason therefor as soon as possible and complete a sick leave report upon return to work and submit it to his department head. (Ord. 204 § 9, 1964)
2.54.100 Physician’s certificate.
When the sick leave continues for three or more work days, or when there is cause for reasonable doubt on the part of the department head as to the authenticity of the illness, the department head may require that the employee file a physician’s certificate stating the cause of the absence and the nature of the illness, except for sick leave used in the event of the death of a member of the employee’s family. (Ord. 958 § 9, 1978; Ord. 824 § 8, 1976; Ord. 204 § 10, 1964)
2.54.110 Failure to fulfill sick leave conditions.
Any failure to give a notice or file a physician’s certificate or complete the sick leave report as required may be cause of denial of such leave with pay for the period of absence. (Ord. 204 § 11, 1964)
2.54.120 Effect of other compensation on sick leave.
An employee receiving sick leave with pay who simultaneously receives compensation under the workmen’s compensation law, or any other insurance plan paid for by the city, shall receive for the duration of such compensation only that portion of his regular salary which, together with the compensation, will equal his regular salary, and sick leave shall be charged at the same rate as the portion of his salary paid is to his full-time regular salary. (Ord. 204 § 12, 1964)
2.54.130 Effect of transfer or termination on sick leave.
When an employee is transferred to another position, any unused sick leave which may have accumulated to his credit shall continue to be available for his use as necessary. (Ord. 824 § 9, 1976; Ord. 609 § 2, 1971; Ord. 204 § 13, 1964)
2.54.135 Bereavement leave.
A regular full-time employee who has an immediate family member (parent, sibling, spouse, child, mother-in-law, father-in-law, grandparent or grandchild) taken by death, may receive up to three days of paid leave as bereavement leave. The employee may request additional days of vacation, floating holiday, or compensatory time for travel, subject to the approval of the appropriate department director and the mayor or mayor’s designee.
A regular part-time employee who has an immediate family member (parent, sibling, spouse, child, mother-in-law, father-in-law, grandparent or grandchild) taken by death, may receive up to three days (prorated, based on a percentage of their regular part-time weekly hours divided by 40) paid leave as bereavement leave. The employee may request additional days of vacation, floating holiday, or compensatory time for travel, subject to the approval of the appropriate department director and the mayor or mayor’s designee.
The provisions of this section shall not apply to those employees who are covered by negotiated union agreements. (Ord. 2576 § 2, 2005)
2.54.140 Crediting prior accrued benefits.
The vacation or sick leave for each regular employee accrued but unused at the time of enactment of the ordinance codified in this chapter shall be credited to the employee for use under terms of this chapter. (Ord. 2286 § 9, 1999; Ord. 204 § 14, 1964)
2.54.145 Sick leave incentive.
Employees using 10 or less hours of sick leave during the first half or second half of a calendar year may opt to receive eight hours’ pay on the second pay period in July and January, respectively, and have eight hours of sick leave accruals deducted from their earned sick leave. The provisions of this section shall not apply to those employees who are covered by the L.E.O.F.F. I retirement plan or negotiated union agreements. (Ord. 2577 § 1, 2005)
2.54.150 Other leaves of absence.
Repealed by Ord. 1645.
2.54.160 Accounting of nontaxable payments.
Repealed by Ord. 1645.
2.54.170 Management benefit program.
A. Purpose. It is the purpose of this management benefit program to enable the city of Lynnwood to recognize competitive labor market factors in recruiting and retention through its vacation, sick leave, and administrative leave programs for department heads and other designated senior staff. The management benefit program set forth
herein is intended to enhance the city of Lynnwood’s ability to recruit and retain department heads and other senior staff.
B. Authorization of Management Benefit Program. A management benefit program is hereby created to provide recognition of prior service with other employers in the administration of the city of Lynnwood’s vacation and sick leave programs and authorize the city to recognize administrative leave for department heads and other designated senior staff.
C. Mayor to Administer Management Benefit Program. The mayor is hereby authorized to administer the program within the guidelines established herein and to recommend changes to the city council as needed to keep the program competitive and consistent with the city’s mission, services, and administrative practices.
D. Definitions.
1. “Managers and other designated senior staff” means employees serving as department heads, together with those second-level managers, professionals, or administrators who are direct subordinates of such department heads who are classified as “exempt” as defined by the U.S. Fair Labor Standards Act of 1938, as amended.
2. “Vacation and sick leave” means compensated leave programs authorized for employees of the city of Lynnwood for vacation and sick leave purposes.
3. “Administrative leave” means compensated leave programs to recognize service at city council, interagency, and similar off-duty meetings, retreats, and related functions involving the business of the city.
E. Administrative Guidelines. The following guidelines are established herein for the purpose of administering this management benefit program. In the event there is a conflict between these administrative guidelines and other ordinances of the city relating to vacation, sick leave, and administrative leave, the provisions in this section shall apply and the mayor is authorized to rely upon these guidelines in administering this management benefit program.
1. Vacation Leave. The mayor may grant vacation to department heads and other senior staff consistent with their past relevant experience in accordance with the schedules set forth in this chapter pertaining to vacations, sick leave, and holidays. All other provisions of vacation leave set forth in this chapter pertain to these department heads and senior staff.
2. Sick Leave Bank. The mayor may grant a sick leave credit of up to 20 days for department heads and up to 10 days for senior staff at the time of hire. Upon reaching accrual of 20/10 days or the amount granted, the employees will begin accruing at the regular rate set forth in LMC 2.54.070. Employees who terminate will only be cashed out for earned leave and not for any credited leave the mayor may have granted. Employees awarded a sick leave credit are eligible to use that credit at any time prior to termination. All other provisions of this title regarding sick leave entitlement, accrual, and usage shall apply.
3. Administrative Leave. The mayor may grant administrative leave to department heads and other senior staff after advising the city council. Such leave may be for a period of up to five working days with an option for a second period of up to five days for those individuals subject to extraordinary job responsibilities and duties. Administrative leave granted, but not utilized, may be cashed in at the conclusion of the fiscal year. All other requirements set forth in this chapter concerning vacation leave shall apply to administrative leave.
F. Appeals. Department heads and other senior staff covered by this program may request review of its application by written request to the mayor. Such request shall include the basis of the request and specific references to mistakes of fact or other alleged errors. The mayor shall review the request and shall notify the employee in writing of his or her decision. The mayor’s decision shall in all respects be final and not subject to further appeal.
G. Rights Retained. The city retains the unilateral right to modify, revise, or repeal this management benefit program. (Ord. 2169 § 1, 1997)
2.54.200 Severability.
If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2169 § 2, 1997)