Loading...
HomeMy WebLinkAbout1467 - Ordinance - Designating Holidays, Vacations, Leaves of AbsenseORDINANCE NO. 1467 k AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, DESIGNATING HOLIDAYS FOR EMPLOYEES OF THE CITY OF PORT ORCHARD AND CLARIFYING PROVISIONS REGARDING EMPLOYEE VACATIONS, LEAVES OF ABSENCE AND REPEALING ORDINANCE NOS. 1176, 1104, 981, 966, 914, 873, 748 AND 715 (P.O.M.C. 2.28) THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Ordinance Nos. 1176, 1104, 981, 966, 914, 873, 748 and 715 are hereby repealed. Section 2. Definitions. In construing the provisions of this ordinance, the following definitions shall apply: (1) A "full time employee" is any person employed by the city who devotes his full time to his job during working hours on a yearly basis; (2) A "part time employee" is any person employed by the city for less than forty hours per week but on a continuing basis; (3) An "intermittent employee" is any person employed by the city for not to exceed six months duration and shall not be entitled to the benefits of this ordinance. An "intermittent employee" will be considered "full time" or "part time" (subdivisions (1) or (2) when his continuous service exceed six months. Section 3. Accumulation of sick leave and vacation leave. (a) Part-time employees shall have their sick leave and vacation leave prorated on the basis of two thousand eight hours per year (full-time employment). (b) Sick leave and vacation leave shall be accumulated and recorded on a calendar year basis. Section 4. Overtime. Services performed in excess of forty hours per week will be compensated for at one and one-half times the regular hourly rate. Section 5. Holidays. (a) All full-time and part-time employees shall be entitled to observe the following holidays with pay: the first day of January, commonly called New Year's Day; the third Monday of February being celebrated as the anniversary of the birth of George Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, commonly known as Labor Day; the eleventh day of November, to be known as Veterans' Day; the fourth Thursday in November, to be known as Thanksgiving Day; the day following Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and two personal holidays each year to be selected by the employee; provided: Ordinance No. 1467 Page Two (1) The employee has been or is scheduled to be continuously employed by the City for more than four months, and (2) The employee has given not less than fourteen calendar days; written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date, and (3) The number of employees selecting a particular day off does not prevent an agency from providing continued public service. The personal holidays must be taken during the calendar year or entitlement to those days will lapse, except when the employee has requested a personal holiday and the request has been denied. (b) Anything in this ordinance notwithstanding, any employee whose regular workweek includes a holiday or Saturday or Sunday will receive some other day off in lieu thereof at the discretion of the department head. (c) Whenever any legal holiday other than Sunday falls upon a Sunday, the following Monday shall be a legal holiday. (d) Whenever a legal holiday falls on Saturday, another day will be designated by executive order of the mayor, or he may designate two days, with a portion of the employees observing one day and the remainder the other day, to permit continued operation of vital functions. 1. At the option of the employee, sickness in excess of the maximum number of days accrued may be charged to unused vacation. Section 6. Vacations: (a) Vacation shall be earned as prescribed by City Resolution and/or labor agreement. (b) Employees of the city may accumulate up to a maximum not to exceed thirty working days of vacation leave at the conclusion of any calendar year. (c) Vacation leave to an employee's credit may be granted at any time during the year at the discretion of their department head. (d) Each employee must use at least one week (five consecutive days) leave each year for vacation purposes. The balance of vacation leave to his credit may be granted one at a time. (e) Any full-time employee or part-time employee, as defined herein, who has completed twelve months' continuous employment shall receive leave pay for any portion of vacation earned but not taken, upon leaving the employ of the city; provided that in case of voluntary termination, he shall have given at least en days' notice of such termination. (f) Holidays observed during an employee's vacation period shall not be counted as vacation leave taken. Ordinance No. 1467 Page Three (g) The leave pay of all employees who are employed on a daily wage scale shall be paid on the same schedule for the vacation period as the employee would have been paid for a regular week of work without overtime. Section 7. Sick leave. (a) All full-time employees and part-time employees as defined herein, shall be entitled to sick leave pay when they are incapacitated for performance of their duties by reason of sickness or injury, or when, through exposure to contagious diseases, the presence of the employee would jeopardize the health of others. Such sick leave shall be at the rate of one day for each calendar month of employment, and if not used, shall accumulate as prescribed by labor agreement and/or City Resolution. (b) Sickness shall be reported at the beginning of any period of illness to the personnel office and, within three days after returning to work, the employee shall give a written statement explaining the nature of his sickness and submit a formal request for approval if so taken, which request, when approved by the department head, shall be forwarded to the clerk for filing in the employee's personnel file. (c) A doctor's certificate shall be required when the sick leave extends over a period of three days (d) Advance sick leave may be granted to employees who have two or more years of continuous service with the city after they have exhausted all of their accrued vacation and sick leave. (e) Advance sick leave may be granted in cases of serious disabilities or ailments. Sick leave credit advanced shall be limited to not more than twelve and not less than five consecutive work days. It shall be further limited to cases in which it is believed that the employee will return to full duty for a period of time sufficient to liquidate the advance. (f) Requests for advance sick leave shall be submitted by the employee to the department head concerned. The department head shall make a recommendation on the proposed request and forward it to the city council for approval or disapproval. It will be signed by the mayor and forwarded to the city clerk for filing in the employee's file and the employee will be notified of the council's decision by the department head. (g) Sick leave earned subsequent to return to duty must be applied to liquidate the sick leave credit advanced. (h) Sick leave earned after return to duty must first be applied to liquidate the sick leave advanced prior to being used as regular sick leave. Ordinance No. 1467 Page Four (i) Any employee found to have abused the sick leave privilege by falsification or misrepresentation may thereupon be subject to dismissal upon recommendation of the department head and at the discretion of the city council. (j) In cases of injury or illness which is covered by industrial insurance, the amount of insurance payments will be deducted from the next regular pay by the employee after Department of Labor & Industry award letter. Section 8. Bereavement Leave. Employees shall be allowed up to three days; compassionate leave for death in the immediate family upon approval and authorization of the department head. Immediate family shall include, however, only a father, mother, spouse, children of the employee or member of employee's household. Section 9. Civil Leave. Any necessary leave may be allowed by the head of the department to permit any employee to serve as a member of the jury, or to exercise his other civil duties. Each employee who is granted such leave, and who, for the performance of the civil duties involved, received any compensation, shall be paid by the city for the time he is absent, only in the amount of excess of his regular salary over the compensation so received. Section 10. Military Leave. Leave not to exceed fifteen calendar days in any period of twelve consecutive months, over and above annual vacation shall be allowed any employee who is a member of any duly established National Guard or reserve corps unit. During the period of military leave the employee shall receive his normal pay. Section 11. Leave Without Pay. Leave without pay may be granted at the discretion of the department head, subject to the approval of the appointing authority. Such leave will be granted only after all annual and/or sick leave has been exhausted and under no circumstances in excess of ninety working days. Leave without pay will not be granted for the purpose of the employee accepting other temporary employment or to gain personal advantage or profit. Section 12. Unauthorized Absence. Unauthorized absence from duty for three consecutive working days shall constitute grounds for dismissal upon recommendation of the department head at the discretion of the appointing authority. Section 13. State Laws Applicable. Nothing contained in this ordinance shall be construed as an attempt to modify in any way the laws of the State of Washington relating to firefighters relief and pensions and police relief and pension, and/or the existing rules and regulations of the civil service commission pertaining to vacation and sick leave of the police department and the fire department. Ordinance No. 1467 Page Five PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of August, 1989. �_QBERT G. GEIGER; MAYOR/PROTEM ATTEST: atricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored By: Councilman Grable NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held August 14, 1989. ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, DESIGNATING HOLIDAYS FOR EMPLOYEES OF THE CITY OF PORT ORCHARD AND CLARIFYING PROVISIONS REGARDING EMPLOYEE VACATIONS, LEAVES OF ABSENCE AND REPEALING ORDINANCE NOS. 1176, 1104, 981, 966, 914, 873, 748 AND 715 (P.O.M.C. 2.28). The full text of the above listed Ordinance will be mailed upon request and is available at City Hall, 216 Prospect Street, Port Orchard, WA 98366. City of Port Orchard Michelle Thomas, Deputy Clerk Publish: Port Orchard Independent August 23, 1989