Chapter 3.65
PAID TIME OFF AND OTHER LEAVE

Sections:

3.65.010    Eligibility for paid time off (“PTO”).

3.65.020    Coverage, use, accrual, and other aspects of PTO.

3.65.030    Limited conversion of accrued and unused annual and sick leave under prior Sections 3.20.020 and 3.20.030.

3.65.040    Payment in lieu of PTO in emergency.

3.65.050    Administrative leave.

3.65.060    Pregnancy leave/family leave.

3.65.070    Leave without pay.

3.65.080    Unauthorized absences.

3.65.010 Eligibility for paid time off (“PTO”).

Paid time off (“PTO”) is provided to employees who hold regular full-time, part-time, and seasonal positions as well as employees who hold confidential/managerial positions. Employees in all other positions do not accrue PTO. PTO is pro-rated depending upon the amount of hours an employee who is eligible for PTO is regularly scheduled to work. For example, an employee who regularly works forty (40) hours per week will receive one hundred (100) percent of the monthly PTO accrual set forth in Section 3.65.020(C). An employee who works thirty (30) hours per week will receive seventy-five (75) percent of the monthly PTO accrual set forth in Section 3.65.020(C). (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.020 Coverage, use, accrual, and other aspects of PTO.

A.    Coverage and Use of PTO. Employees are required to use PTO hours for vacations; illness; injury; medical and dental examinations or treatment; necessary care of an employee’s child, spouse, or parent due to illness or injury; bereavement; maternity leave; and for all other personal needs as approved by the employee’s supervisor.

B.    Requesting PTO. PTO must be scheduled at least thirty (30) days in advance. For an absence due to sudden illness or other unanticipated events, employees must telephone their supervisor or a designated representative of management as soon as possible prior to the time the employee is scheduled to report for work. Employees may be required to take PTO if, in the opinion of the department head, they are too ill to satisfactorily perform their duties or are a health hazard to other employees. Approval of PTO for vacation and nonurgent needs will be scheduled with due consideration of other employee schedules and the needs of the city. Approval of PTO is prioritized according to date of submission and urgency. Department heads will maintain a PTO schedule for employees in their sections to ensure employees are granted fair opportunity to take PTO. Failure to provide proper notification or repeated absences not in compliance with the city’s PTO plan may result in disciplinary action up to and including termination.

C.    Accrual of PTO. PTO shall not begin to accrue until the first day of the first full month following an employee’s date of hire. The accrual rate for employees who hold full-time positions is:

1.    Twelve (12) hours per month for employees with less than three years;

2.    Sixteen (16) hours per month for employees with three years and less than eight years;

3.    Twenty (20) hours per month for employees with eight years or more.

D.    The accrual rate for employees who hold part-time and seasonal positions is prorated as provided for in Section 3.65.010.

E.    The city reserves the right in its sole discretion to grant PTO during a probationary period to an employee who is ill, merit-based awards of additional PTO, or increases in the accrual rate in individual cases based on performance.

F.    PTO shall not accrue during any pay period in which an employee is absent without written authorization of the department head or the mayor. PTO shall accrue during any pay period in which an employee is absent with written authorization, but is in nonpaid status for not more than seven calendar days or forty (40) work hours within a calendar year.

G.    PTO accrues only upon completion of each month of service and does not begin to accrue until the first day of the first full month following an employee’s date of hire.

H.    An employee does not accrue PTO during the first three months of the probationary period for a regular full-time, regular seasonal or regular part-time position. However, if the employee is still employed by the city at the end of the first three months of the probationary period, he or she will be credited with PTO retroactive to his or her date of hire and may begin to use his or her PTO at that point in time.

I.    Changes in the rate of accrual because of length of service shall take effect at the beginning of the month immediately following the date upon which such longevity results in an accrual rate change.

J.    Forfeiture, Carryover, Cash Out, and Maximum Accrual. Employees are encouraged to use their available PTO during each fiscal year. Employees are required to use a minimum of sixty (60) hours of PTO during each fiscal year. Any portion of the sixty (60) hour minimum not used during the fiscal year will be forfeited unless the employee has been denied, on three separate occasions, the opportunity to use his or her PTO because of the city’s operational needs. Any remaining time over the sixty (60) hour minimum will be carried over to the next fiscal year. Employees are permitted to carry over PTO hours from year to year until a maximum of seven hundred twenty (720) hours of PTO has accrued. Any accrued PTO in excess of the seven hundred twenty (720) hour maximum shall be paid out at one hundred (100) percent at the end of each fiscal year. In addition, the mayor may from time to time announce opportunities for employees to receive one hundred (100) percent cash payment for PTO yet to be accrued in the remaining fiscal year. Such opportunities to elect to cash out prospective PTO may occur no more frequently than two times per fiscal year. Employees shall be given thirty (30) days’ notice of such PTO payment opportunities. Employee cash out elections shall be irrevocable once made until the end of the fiscal year, or until the date the mayor announces another opportunity to make a prospective cash out election. There are no limits on the amount of prospective (not yet accrued) PTO that may be cashed out during the election period; provided, that the employee retains at least eighty (80) hours of accrued PTO for future use by the employee. Employees electing to receive cash payment for their accrued PTO shall be required to retain at least eighty (80) hours of PTO for future use, and shall only receive payment for actual hours accrued during the designated period. The eighty (80) hours may not be donated to others under subsection M of this section.

K.    No Advances. PTO shall not be advanced. Employees must have accrued sufficient PTO to cover absences in order to receive PTO pay. Employees are responsible for saving adequate PTO to ensure their ability to attend to illnesses, appointments or other nonvacation purposes for which PTO is intended. The city will not automatically grant unpaid leave to satisfy employees’ unforeseen PTO needs.

L.    Termination of Employment. Once final notice has been submitted, a resigning employee is not permitted to use any PTO during the final two weeks of work. The mayor in his or her sole discretion may elect to allow an employee to use PTO in lieu of performing services during the final two weeks of work. The employee shall be paid for the employee’s accrued and unused PTO that has not previously been forfeited or cashed out under subsection J of this section, at the salary rate which is being received by the employee on the last day of employment.

M.    Donation of PTO to Other Employees. Employees may donate PTO to a fellow employee if approved by the mayor. Requests for permission to donate PTO shall be approved only in the most serious cases such as probability of death, lingering or incurable illness, extended recovery or some truly exceptional emergency. A donation of PTO or banked sick leave shall be deemed to run concurrently with, and shall not augment any period of unpaid leave to which the employee may otherwise be entitled. (Ord. 07-14 § 2, 2007; Ord. 05-41 § 2, 2005; Ord. 05-40(AM) § 2, 2005; Ord. 04-46(AM) § 2, 2004; Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.030 Limited conversion of accrued and unused annual and sick leave under prior Sections 3.20.020 and 3.20.030.

Upon passage of Ordinance Serial No. 03-33(SUB)(AM), current employees who have accrued unused annual leave accumulated under former Section 3.20.020 of the Wasilla Municipal Code through July 31, 2003, will be permitted to convert one hour of leave for one hour of PTO under the new policy. Upon passage of Ordinance Serial No. 03-33(SUB)(AM), current employees who have accrued unused sick leave accumulated under former Section 3.20.030 of the Wasilla Municipal Code through July 31, 2003, may continue to use that sick leave (in accordance with former Section 3.20.030(F)) until it is completely exhausted; however, such sick leave shall be used and exhausted before PTO. The city in its sole discretion may permit employees to be paid cash for twenty-five (25) percent of such accrued sick leave upon passage of this Ordinance Serial No. 03-33(SUB)(AM) or at the time the employee resigns or terminates from city employment. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.040 Payment in lieu of PTO in emergency.

A.    Cash in lieu of accumulated PTO may be obtained, under emergency conditions outlined in writing and approved by the mayor, so long as the employee will retain at least eighty (80) hours of PTO in reserve following cash payment.

B.    The salary rate used in computing the cash payment to be made shall be that rate which is being received by the employee on the date the application for cash payment is approved by the mayor. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.050 Administrative leave.

A.    A city employee who is a member of a reserve or auxiliary component of the United States Armed Forces is entitled to a leave of absence without loss of pay, length of service, or efficiency rating on all days on which the employee is ordered to training duty, instruction exercises, or a qualified search and rescue mission, for a period not to exceed sixteen and one-half (16 1/2) working days in any twelve (12) month period; provided, that the employee

obtains the approval of the mayor. If a city employee described above is ordered to active military duty by the governor, that employee shall be entitled to five days’ leave of absence with pay.

B.    All city employees called for military duty shall receive benefits as required under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including five years of unpaid leave.

C.    Employees called for jury duty shall be treated as being on approved PTO without loss of longevity, PTO or pay. Service in court when subpoenaed as a witness for a matter involving the employee’s work with the city shall be treated the same as jury duty with the exception of police officers who are subpoenaed as a result of their employment. Police officers will be compensated at the appropriate rate when they are required to appear in court during off-duty hours. Fees paid by the court to the employee for travel, parking and subsistence allowances shall be turned in to the city.

D.    Blood donation leave may be granted as administrative leave without loss of longevity, PTO or pay by department heads in accordance with the mayor’s policy or procedure governing blood donation administrative leave.

E.    In the event of an emergency, the mayor may authorize administrative leave for any employee that the mayor decides should leave the workplace. What constitutes an emergency is at the sole discretion of the mayor. Examples of emergencies include but may not be limited to extended loss of heat or power, extreme weather conditions, earthquake, or terrorist attack. Administrative leave shall not be provided to any employee who is already on PTO during the emergency.

F.    An employee may be placed on administrative leave pending an investigation of charges made against the employee that may lead to disciplinary action. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.060 Pregnancy leave/family leave.

The city shall grant family and/or medical leave consistent with both the federal Family and Medical Leave Act (FMLA) and the provisions of AS 23.10.500 through 23.10.550, whichever provides greater rights. However, if an employee qualifies under only one of the Acts, the employee shall be entitled to receive only the benefits of the Act under which the employee qualifies. The mayor is responsible for developing a personnel policy and procedure in accordance with AS 23.10.500 through 23.10.550 and the federal Family and Medical Leave Act (FMLA). (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.070 Leave without pay.

A.    Leave without pay not authorized by other sections of these rules may be granted to any employee by the mayor upon recommendation of the employee’s department head. Each request for such leave will be considered in light of the circumstances involved and in regard to the needs of the city. Leave without pay may be granted to an employee after all PTO earned by the employee has been exhausted. Upon approval, leave without pay shall be deemed to run concurrently with, and shall not augment any other period of unpaid leave to which the employee may otherwise be entitled. During leave without pay, the employee on leave may be covered by the employer’s group health, accident and life insurance policies for a period not to exceed six months, provided the premiums are paid by the employee in advance of the city’s payroll date for premiums withholding.

B.    Normally not more than four hundred eighty (480) hours of leave without pay per calendar year for personal reasons may be granted. Exceptions may be allowed by the mayor under circumstances wherein the city may be expected to benefit by virtue of the employee’s acquisition of advanced or specialized training. (Ord. 05-41 § 3, 2005; Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.65.080 Unauthorized absences.

An employee who plans to take PTO or another form of leave authorized by these rules shall notify the city in advance of taking the leave as provided for in this chapter. Any employee who shall be or is absent from duty shall report the reason for the absence to his or her department head or the department head’s designee as soon as possible. Any unauthorized or unreported absences shall be deemed an absence without pay and may be cause for disciplinary action up to and including termination. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)