Chapter 3.04
Employee Leave

Sections:

Article I. Sick Leave

3.04.010 Accrual.

3.04.020 Employees Entitled.

3.04.030 Eligible Reasons.

3.04.040 Duty to Report.

3.04.050 Computing Off Days.

3.04.060 Payroll Certification.

3.04.070 Coordination with Disability Benefits.

3.04.080 Transfer Between Sick Leave and Vacation Accounts.

3.04.090 Payment Upon Retirement or Termination.

3.04.100 Payment Upon Death.

3.04.110 Effect of Fraud.

3.04.120 Maintaining Records.

Article II. Vacation Leave

3.04.200 Accrual.

3.04.210 Employees Entitled.

3.04.220 Use and Deferral.

3.04.230 Payment Upon Termination or Forfeiture.

3.04.240 Payment Upon Death.

3.04.250 Maintaining Records.

Article I. Sick Leave

3.04.010 Accrual.

A.  Permanent, full-time employees accrue cumulative sick leave with pay at the rate of four hours per biweekly pay period.

B.  Permanent, part-time employees accrue sick leave pro rata based on actual hours paid.

C.  Employees subject to the provisions of collective bargaining agreements accrue sick leave as provided in the current applicable agreement.

[Ord. C29711; Passed: 5/21/1990]

3.04.020 Employees Entitled.

A.  Seasonal employees and temporary employees are not entitled to sick leave.

B.  Regular employees are eligible for sick leave after six months of service.

C.  An employee must be in a paid status at least eighty percent of a pay period in order to accrue sick leave during that pay period.

D.  An employee granted leave of absence with pay continues to accrue sick leave during leave of absence.

E.  Employees laid off for reasons not discreditable to them and rehired within thirty-six months, and employees granted leave of absence without pay, do not accrue sick leave during the layoff or absence, but upon resumption of active employment shall have available to them the sick leave accrued prior to layoff or absence.

[Ord. C18428 §§ 1, 2, 3]

3.04.030 Eligible Reasons.

A.  An employee is eligible for sick leave with pay for the following reasons only:

1.   personal illness or physical incapacity to such an extent as renders the employee unable to perform the duties of the position;

2.   enforced quarantine in accordance with certain health regulations;

3.   emergency, serious injury or illness, or death of a member of the immediate family requiring the presence of the employee, “immediate family” consisting of spouse, parents, parental in-laws, grandparents, children, grandchildren, brothers, sisters, or other relative living as a member of the immediate household of the employee.

B.  In cases under subsection (A)(3) of this section, the employee may receive leave not exceeding twenty-four work hours, and if travel is required of a greater distance than two hundred fifty miles one-way, an additional two days of leave may be granted. The employee may be required to document the need for travel.

[Ord. C18428 § 3]

3.04.040 Duty to Report.

An employee desiring sick leave shall inform the department head, or cause the department to be informed, forthwith that he or she is unable to report for duty and the reason. An employee failing to so report without excuse may be denied sick leave pay. A department head, at his or her discretion, may require a written statement from the employee’s physician, or physician representing the City, regarding the employee’s health and need for the use of sick leave.

[Ord. C18428 § 4]

3.04.050 Computing Off Days.

In computing sick leave, only those days on which the employee would be required to report for work are considered. Sundays, holidays and all other days on which the employee would not be required to report for work are disregarded.

[Ord. C18428 § 5]

3.04.060 Payroll Certification.

Each department head or designated supervisor indicates on each time card the absence of an employee with pay because of sickness. The accounting department has the duty to ensure that no payment is made to an employee for absence exceeding the current accrual.

[Ord. C18428 § 6]

3.04.070 Coordination with Disability Benefits.

Employees receiving disability benefits by virtue of any law or ordinance now or hereafter enacted are entitled to sick leave pay only to the extent sick leave hereunder exceeds such benefits. An employee eligible for industrial insurance compensation for time loss because of an on-the-job injury is paid and charged sick leave in the amount of the difference between regular pay and such time loss payments. Should an employee who has received full sick leave payment for the first three days of absence also be paid under industrial insurance for those first three days, the amount paid the employee under industrial insurance is credited to the City from the money due the employee in the next payroll period.

3.04.080 Transfer Between Sick Leave and Vacation Accounts.

Upon the request of an employee absent for sickness, absence may be charged against the employee’s vacation allowance, in lieu of sick leave allowance, to the extent of the vacation accrual.

[Ord. C18428 § 5]

3.04.090 Payment Upon Retirement or Termination.

A.  Upon retirement, an employee is paid forty percent of his accrued sick leave. Other non-uniformed employees who terminate or are released in good standing from City service after having completed at least five years of continuous active service are paid twenty-five percent of their accrued sick leave. The amount of payment for accrued sick leave is calculated at the employee’s last rate of pay.

B.  For purposes of this section, “accrued sick leave” means sick leave accrued up to a maximum of nine hundred sixty hours. The maximum hours payable under this section are three hundred eighty-four.

C.  For purposes of this section, “retirement” means leaving City service having met the qualifications for eligibility to retire as established by SMC chapter 3.05, regardless of membership in the retirement plan created by SMC chapter 3.05.

[Ord. C29712; Passed: 5/21/1990]

3.04.100 Payment Upon Death.

Should an employee die while in the course of continuing City employment, the employee’s surviving spouse or personal representative is paid forty percent of the employee’s accrued sick leave, calculated at the employee’s last rate of pay.

[Ord. C18428 § 7.02]

3.04.110 Effect of Fraud.

Subject to the civil service rules when applicable, the mayor may suspend or dismiss any employee who fraudulently obtains or uses sick leave.

[Ord. C32755; Passed: 12/4/2000]

3.04.120 Maintaining Records.

The department of accounting has the responsibility to maintain the official City records of accumulated sick leave for all departments.

[Ord. C18428 § 9]

Article II. Vacation Leave

3.04.200 Accrual.

A.  Except as provided below, regular employees of the City accrue biweekly vacation leave with pay on the basis of length of active service with the City as follows:

Hours Accrued – Effective April 1, 1990

Years of Service	Per Pay Period
Less than five	$3.39
Beginning fifth	4.93
Beginning eleventh	5.24
Beginning twelfth	5.54
Beginning thirteenth	5.85
Beginning fourteenth	6.16
Beginning fifteenth	6.47
Beginning twentieth	8.01

Hours Accrued – Effective December 23, 1990

Years of Service	Per Pay Period
Less than five	$3.70
Beginning fifth	5.24
Beginning eleventh	5.55
Beginning twelfth	5.85
Beginning thirteenth	6.16
Beginning fourteenth	6.47
Beginning fifteenth	6.78
Beginning twentieth	8.32

B.  Permanent, part-time employees accrue vacation leave pro rata based on actual hours paid.

C.  Employees subject to the provisions of collective bargaining agreements accrue vacation leave as provided in the current applicable agreement.

D.  Except as provided in SMC 3.04.220 and 3.04.230, an employee may accumulate paid vacation leave not to exceed two hundred hours or two times the employee’s annual leave, whichever is greater.

[Ord. C29934; Passed: 12/27/1990]

Cross Reference: SMC 3.03.030.

3.04.210 Employees Entitled.

A.  Seasonal employees and temporary employees are not entitled to vacation leave.

B.  An employee is not credited with vacation leave in a particular pay period unless in paid status for at least eighty percent of that period; except, new employees and those who terminate continuous active service during a pay period accrue vacation leave pro rata.

C.  Employees granted leave of absence with pay continue to accrue vacation leave during leave of absence.

D.  Employees terminated or laid off for reasons not discreditable to them, and employees granted leave of absence without pay, do not accumulate vacation leave during said termination, layoff, or leave of absence, but upon resumption of active employment their prior service is included in computing the rate of vacation leave. Such employee, however, may not take or receive payment for vacation leave until he or she again qualifies for vacation leave as a new employee as provided in subsection (E) of this section. The records of the personnel department and civil service commission are used to establish prior service credit.

E.  Employees serving a probationary period on an original appointment accrue vacation leave but no such probationary employee who leaves City service without satisfactory completion of the probationary period, nor any employee who leaves without satisfactory completion of one year of continuous active service, is entitled to vacation leave or to compensation for any accrued vacation leave.

[Ord. C21996 §§ 1, 2, 3]

3.04.220 Use and Deferral.

A.  An employee may use vacation leave as accrued after satisfactory completion of one year of continuous active service with prior approval of the department head or designated supervisor. The supervisor schedules vacation leave so as to meet the operating requirements of the City and, as far as practicable, the preference of the employees.

B.  No employee may take vacation leave in excess of the accrual credited to the employee’s vacation account at the time the vacation is taken.

C.  All employees are expected to utilize their annual vacation leave. All employees are required to take vacation leave so that an employee’s total accumulation does not exceed the maximum authorized by SMC 3.04.200(D), but for good and sufficient reason upon the recommendation of the department head, the mayor or his designee may allow vacation leave accrual beyond the maximum prescribed, when such extension serves the best interest of the City.

[Ord. C32755; Passed: 12/4/2000]

3.04.230 Payment Upon Termination or Forfeiture.

A.  An employee with more than one year of service, when terminating, is compensated at his or her last hourly rate for each hour of accrued vacation leave to the date of termination within the limits set forth in this article.

B.  Upon recommendation of the mayor, and for good and sufficient reason, the city council may authorize by resolution payment for vacation accumulated in excess of the limits set forth in this article, rather than the forfeiture thereof.

[Ord. C32755; Passed: 12/4/2000]

3.04.240 Payment Upon Death.

Upon the death of an active employee, payment of accrued vacation leave is made to the employee’s surviving spouse or other heir, as provided in RCW 49.48.120 for wages.

[Ord. C21996 § 7]

3.04.250 Maintaining Records.

The accounting department has the responsibility to maintain the official City records of accrued vacation leave for all departments.

[Ord. C21996 § 1]