Chapter 2.63
HOLIDAYS, VACATIONS, LEAVES AND INSURANCE1
Sections:
I. Holidays
2.63.010 Designated generally.
2.63.020 Holidays falling on Saturday or Sunday.
2.63.030 Holidays differing from federal holidays.
II. Vacations and Leaves
2.63.060 Definitions.
2.63.110 Vacation – Longevity leave time – General employees.
2.63.111 Repealed.
2.63.112 Repealed.
2.63.113 Vacation – Longevity leave time – Department directors.
2.63.120 Vacations – Accumulation.
2.63.130 Vacation – Payment in lieu of.
2.63.140 Vacation – Scheduling.
2.63.150 Vacation – Other than full-time employees.
2.63.155 Vacation – Bonus days for unused sick leave.
2.63.160 Sick leave.
2.63.162 Payment for accumulated sick leave.
2.63.165 Bereavement leave.
2.63.170 Leave to perform civil duties.
2.63.180 Military leave.
2.63.190 Leave without pay and unauthorized absences.
III. Insurance
2.63.200 Generally.
I. Holidays
2.63.010 Designated generally.
A. All monthly and hourly employees of the city shall be entitled to observe the following legal holidays, with the exception of those employees specifically assigned to operating duties, emergency work, or special maintenance service, said employees to be granted one working day off in lieu of the holiday:
1. The first day of January, commonly known as New Year’s Day;
2. The third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.;
3. The third Monday of February, being celebrated as the anniversary of the birth of George Washington;
4. The last Monday of May, commonly known as Memorial Day;
5. The fourth day of July, being the anniversary of the Declaration of Independence;
6. The first Monday in September, to be known as Labor Day;
7. The eleventh day of November, to be known as Veteran’s Day;
8. The fourth Thursday in November, to be known as Thanksgiving Day, and the day immediately following;
9. December 25th, commonly called Christmas Day;
10. Any day designated by public proclamation of the chief executive of the state as a legal holiday or as a day of thanksgiving.
B. Employees of the city shall be entitled to two paid holidays per calendar year in addition to those specified in subsection A of this section. Each employee of the city may select the days on which the employee desires to take the additional holidays provided for in this subsection after giving two weeks’ notice to employee’s supervisor; provided, however, any employee may elect to take the day before Christmas or the day before New Years as the additional holiday, subject to operational requirements of the city.
C. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in existing labor agreements between employees and the city. (Ord. 4652 § 1, 1993; Ord. 3939 § 2, 1984.)
2.63.020 Holidays falling on Saturday or Sunday.
Whenever any legal holiday mentioned in ACC 2.63.010 falls upon a Sunday, the following Monday shall be a legal holiday. Whenever any legal holiday mentioned in ACC 2.63.010 falls upon a Saturday, the preceding Friday shall be a legal holiday. (1957 code § 1.29.010.)
2.63.030 Holidays differing from federal holidays.
If any of the specified state and city legal holidays are also federal legal holidays but observed on different dates, only the state and city legal holidays shall be recognized as a paid legal holiday for city employees. (Ord. 2788 § 2, 1974.)
II. Vacations and Leaves
2.63.060 Definitions.
In construing the provisions of this article, the following definitions shall apply:
A. “Duty shift” means a 24-hour workday and refers to those persons of the fire department whose working days consist of a 24-hour shift.
C. “Full-time employee” means any person occupying a position budgeted by the city on a wage or salary basis who devotes full time to his job during working hours, on a year round basis.
D. “Part-time employee” means any person employed by the city who devotes only a part of his time during working hours to the service of the city, or who spends full time during working hours for the city, but is hired on the basis of less than year-round employment.
E. “Years’ continuous service” shall not mean a calendar year but shall be computed on the basis of units of 12 consecutive calendar months of service which have fully accrued prior to the commencement of the leave period. (Ord. 3108 § 1, 1976; 1957 code § 1.26.010(a).)
2.63.110 Vacation – Longevity leave time – General employees.
Full-time employees of the city, excluding employees designated in ACC 2.63.113 and excluding employees covered by a collective bargaining agreement, shall be entitled to vacation – longevity leave time according to the following schedule:
From zero years through four full years of continuous service, 12 days per year;
Starting in the fifth year through nine full years of continuous service, 15 days per year;
Starting in the tenth year through 14 full years of continuous service, 18 days per year;
Starting in the fifteenth year through 20 full years of continuous service, 20 days per year;
More than 20 full years of continuous service, 22 days per year. (Ord. 5870 § 2, 2004; Ord. 4320 § 1, 1989; Ord. 3563 § 2, 1980.)
2.63.111 Vacation – Longevity leave time – Police administrative employees.
Repealed by Ord. 5870. (Ord. 3760 § 1, 1982; Ord. 3563 § 3, 1980.)
2.63.112 Vacation – Longevity leave time – Fire administrative employees.
Repealed by Ord. 5870. (Ord. 3563 § 4, 1980.)
2.63.113 Vacation – Longevity leave time – Department directors.
A. The following designated employees, hereinafter referred to as department directors, shall accrue vacation – longevity leave time at the rate of 20 days per year:
1. The department directors listed in ACC 2.03.040(A);
2. The municipal court judge.
B. Longevity leave to the employees designated herein shall accrue as follows:
1. During the first calendar year of employment with the city, each of the above designated department directors would be entitled to a block of up to 20 days of vacation – longevity leave. The actual number of days shall be computed based upon the date on which the above listed department directors commenced employment with the city;
2. During the second year of employment with the city and each year thereafter, each department director will accrue vacation – longevity leave on a monthly basis, to a maximum of 20 days per year. (Ord. 5870 § 3, 2004; Ord. 4320 § 2, 1989.)
2.63.120 Vacations – Accumulation.
Vacations of employees shall not ordinarily be accumulative, except where the department head finds that there are special circumstances justifying an extended vacation, he/she may authorize the employee to accumulate up to five days or two duty shifts for fire department employees of unused vacation leave each year for the purpose of extending the employee’s annual vacation period in the year following, but in no event shall an employee not subject to a collective bargaining agreement accumulate more than that which would be earned in two years at the employee’s accrual rate. Any vacation leave accumulated in excess of this amount shall be automatically removed from the employee’s vacation balance by the finance department. Due to the demands of the office and the responsibilities pertaining thereto, the mayor of the city shall not be subject to the aforementioned provision and shall be authorized to accumulate unlimited annual leave at his discretion. In the event that a collective bargaining agreement is silent on the issue of vacation accumulation, then accumulation shall be limited to a maximum of one year annual vacation leave plus five days additional unused and accrued vacation leave carried over from a previous year or two duty shifts for fire department employees working shift work. (Ord. 4320 § 3, 1989; Ord. 4109 § 1, 1986; 1957 code § 1.26.010(g).)
2.63.130 Vacation – Payment in lieu of.
Payment for up to five days of accrued and unused vacation leave may be made to an employee upon approval of his department head and the mayor, where the employee was not able to take all of his accrued annual vacation leave during the year authorized. (1957 code § 1.26.010(h).)
2.63.140 Vacation – Scheduling.
Vacations shall be taken at a time mutually agreed upon between the department head and the employee. Department heads shall take their vacations at a time mutually agreed upon between themselves and the mayor. The minimum vacation allowance to be taken by an employee shall be one hour even increments or one duty shift for fire department employees. (Ord. 3278 § 1, 1978; Ord. 3152 § 1, 1977; 1957 code § 1.26.010(i).)
2.63.150 Vacation – Other than full-time employees.
Part-time personnel who are regularly employed shall be entitled to vacation leave allowances in proportion to hours worked, except that no part-time employee who does not work at least 20 hours per week and for 10 consecutive months from the beginning of employment shall be eligible for vacation allowances. Workmen on a daily wage basis, engaged or working upon detached or independent pieces of construction work, temporary in character, of the class which may be done by contractor to the lowest bidder, but which the city council has determined shall be done by day labor, shall not be entitled to the vacation allowances provided by this article. (1957 code § 1.26.010(j).)
2.63.155 Vacation – Bonus days for unused sick leave.
All full-time nonaffiliated city employees who use no sick leave during any calendar year, will be entitled to two bonus vacation days during the following calendar year. All full-time nonaffiliated employees who use only one or two sick leave days during any calendar year will be entitled to one additional bonus vacation day during the following calendar year. (Ord. 4036 § 1, 1985.)
2.63.160 Sick leave.
A. All full-time employees of the city, except those covered by a union agreement, shall be entitled to sick leave when they are incapacitated for the performance of their duties by reason of sickness or injury or when, through exposure to contagious disease, the presence of the employee would jeopardize the health of others. Such sick leave shall be at the rate of eight hours for each calendar month of employment and if not used shall accumulate to a maximum of 960 hours, exclusive of the ordinary vacation time of the employee.
B. Sickness shall be reported at the beginning of any period of illness to the department as soon as practically possible.
C. A doctor’s certificate will be furnished at the discretion of the department head or personnel director whenever an employee claims sick leave for the protection of the employee and fellow employees.
D. Part-time employees shall not be entitled to sick leave unless approved by the mayor.
E. An employee shall be allowed up to three days’ sick leave for illness in the immediate family that requires his presence, upon the approval of the department head. Immediate family includes under this caption only father, mother, spouse or children of the employee.
F. Any employee found to have abused the sick leave privilege by falsification or misrepresentation may be subject to dismissal at the discretion of the mayor.
G. In the case of injury or illness which is covered by industrial insurance, an amount of sick leave may be used to pay the difference between industrial insurance, workman’s compensation and the employee’s regular rate of pay and no combination of payments received added to sick leave will exceed the regular rate of pay.
H. No portion of this article regarding sick leave shall conflict with or cancel rules and regulations set by the civil service commission as it pertains to the fire and police department.
I. Upon termination shall be reimbursed at the current rate of pay for unused accrued sick leave up to a maximum of 960 hours in accordance with the following schedule based on continuous years of service:
|
Upon Completion of Years of Service |
Percent of Accrued Unused Sick Leave |
|
0 through 4 years |
0% |
|
5 through 14 years |
25% |
|
15 through 24 years |
50% |
|
25 years and over |
100% |
This section shall not apply to employees hired on or after January 1, 1985. (Ord. 4026 § 1, 1984; Ord. 3607 § 2, 1981.)
2.63.162 Payment for accumulated sick leave.
Retroactive to January 1, 1983, Auburn city employees accumulating in excess of 960 hours sick leave during a calendar year will be paid 25 percent of said accumulated and unused sick leave during January of the following calendar year. (Ord. 3944 § 1, 1984.)
2.63.165 Bereavement leave.
Employees shall be allowed up to three days’ leave with pay for death in the immediate family upon approval of the department head. Immediate family includes only the father or father-in-law, mother or mother-in-law, spouse, brother, sister or children of the employee. Sick leave will be charged if the employee is off the job exceeding three days. (Ord. 3607 § 3, 1981.)
2.63.170 Leave to perform civil duties.
Any necessary leave may be allowed by the head of the department to permit any employee to serve as a member of a jury or to exercise his other civil duties. Each employee who is granted sick leave and who, for the performance of the civil duties involved, receives any compensation shall be paid by the city for the time he is absent only in the amount of his salary less the compensation received. (1957 code § 1.26.030.)
2.63.180 Military leave.
Military leave, as provided in RCW 38.40.060, over and above annual vacation or sick leave, may be allowed any employee who is a member of the National Guard or reserve corps. The employee shall be paid his regular salary from the city for the period of his military leave. (Ord. 5870 § 4, 2004; 1957 code § 1.26.040.)
2.63.190 Leave without pay and unauthorized absences.
No leave without pay will be granted an employee until the employee has first taken advantage of all his usable earned vacation credits, and such leave will not be granted for the purpose of the employee gaining personal advantage or profit. (Ord. 5870 § 5, 2004; Ord. 2821 § 1, 1974; 1957 code § 1.26.050.)
III. Insurance
2.63.200 Generally.
The city shall pay the costs of premiums for:
A. Employee accident insurance covering each employee, officer and official of the city for an amount not to exceed $100,000 each, payable to the beneficiary named by the insured, while traveling on city business authorized by a competent authority;
B. Policies of insurance insuring the chief of police and all duly commissioned police officers of the city against false arrest;
C. Policies of insurance insuring city officials and employees while driving city vehicles operating in any municipal capacity against liability for bodily injury and property damage resulting from said operation. (Ord. 2925 § 1, 1976.)
For statutory provisions requiring that state legal holidays be recognized as paid holidays for city employees, see RCW 1.16.050.