Chapter 2.72
EMPLOYEE RETIREMENT AND BENEFITS*
Sections:
2.72.010 State Employees, Retirement System participation.
2.72.020 Definitions—Employees covered.
2.72.030 Vacations.
2.72.040 Leave of absence—Maternity leave.
2.72.050 Military leave.
2.72.060 Jury service.
2.72.070 Holidays.
2.72.080 Termination of employment.
2.72.090 Regulations generally— Prohibited actions— Violation—Penalty.
* For statutory provision that code cities may take part in retirement systems, see RCW 35A.41.020; for provisions of the Washington Public Employees’ Retirement System, see RCW Ch. 41.40; for provisions regarding acceptance of social security by the state for cities and towns, see RCW Ch. 4.47.
2.72.010 State Employees, Retirement System participation.
The city of Prosser, a political subdivision of the state of Washington, having at least five eligible employees, authorizes and approves their membership and participation in the State Employees, Retirement System pursuant to RCW Chapter 274 as amended. (Ord. 513 § 1, 1950).
2.72.020 Definitions—Employees covered.
A. This chapter covers all employees working on a regular full-time monthly basis, and Section 2.72.030B shall also cover the park employees who are employed eight months of the calendar year.
B. “Employee” as used herein means and includes all persons, other than elected officials employed full time by the city, and who devote full time during working hours for the city, whether designated as an officer or employee and whether paid on an annual, monthly or hourly basis.
C. “Leave with full pay” as to employees injured on the job means full regular pay less the amount of time loss compensation received from workman’s compensation.
D. “Vacation earned” shall be based on a calendar year except for the first year or part of a year worked.
E. “Week” shall consist of five consecutive days within a calendar week of Monday through Friday; except when applied to police and fire department personnel and other personnel that regularly work a forty-hour week, the work “week” shall constitute five days. Twelve months’ work shall constitute one year’s work.
F. “Years of service” as used in this chapter shall be from the time of employment unless otherwise specified. (Ord. 907 § 7, 1974).
2.72.030 Vacations.
A. All regular full-time employees shall be entitled to vacation with pay at the rate of:
1. After one year of service but less seven years: ten days vacation;
2. After seven years of service but less than ten years: fifteen days vacation;
3. After ten years of service: fifteen days, plus one day for each additional year of service.
Maximum vacation earned for any employee will be thirty days during any anniversary year. Vacation with pay may be accumulated to a total of thirty days.
B. The time of vacation shall be subject to the approval of the supervisor of each employee. An employee who takes vacation shall in any event take a minimum of one-half of a day vacation. Vacation schedules will be established by the employee’s supervisor and-insofar as operating conditions and other needs permit, seniority will be considered in establishing such schedules and in resolving conflicting requests by employees for specific times for their vacations. No vacations may be taken during the first six months of employment. No temporary employee shall be entitled to vacation with pay. No vacation shall accrue during a leave of absence. (Ord. 1186 §1, 1981; Ord. 907 § 1, 1974).
2.72.040 Leave of absence—Maternity leave.
A. Leaves of absence without pay may be granted not to exceed thirty consecutive working days in any one year. An employee who takes leave of absence shall take a minimum of one-half day leave of absence. Such leave of absence shall be approved by the supervisor. There shall be no accrual of vacation, but there shall be no loss of other benefits to employees by reason of such absence.
B. Leave of absence with full pay for herein specified purposes only shall be allowed:
1. a. Because of serious illness or death in the immediate family, a maximum of three days sick leave per year is allowable. Any further time shall be without pay or shall be deducted from vacation. For the purpose of this subsection, leave of absence shall be granted only for death of one of the following family members:
i. Spouse;
ii. Children, including step-children;
iii. Mother and father;
iv. Brothers and sisters;
v. Mother and father-in-law;
vi. Grandchildren;
vii. Grandparents;
viii. Great grandparents.
b. For the purpose of this subsection, leave of absence for serious illness in the immediate family shall be granted only if the following family members are sick or injured and hospitalized in an accredited hospital:
i. Spouse;
ii. Children, including step-children;
ii. Mother and father.
d. Up to a maximum of three working days per year noncumulative and with pay for personal business defined as making arrangements for care or caring for a member of the immediate family who is seriously ill or to take care of personal business which can not be conducted during off-duty hours. All personal leave to be approved by their supervisor prior to taking time off.
2. On account of illness or injury, at the rate of one day for each completed month of service, up to a maximum time of ninety days. Credit for previous service as to accumulated sick leave shall be six days for each year of previous service.
3. When notice of absence on account of illness is given to the supervisor on the first day of absence if possible. No temporary employee shall be entitled to sick leave.
C. Maternity leave with full pay policy:
1. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom are to be considered illness. Accrued sick leave may be used for childbearing or related circumstances (e.g. miscarriage, abortion or recovery therefrom).
2. If the period of disability because of childbirth or related circumstances extends beyond the employee’s accrued sick leave, then she may take a leave of absence without pay or fringe benefits. When the above occurs, the employee should work out the conditions of leave of absence with her supervisor.
3. To be eligible for sick leave because of childbearing or related circumstances, a female employee shall give her supervisor two weeks’ notice, if possible, of her anticipated date of departure and intention to return. For purposes of this policy, a three to four-week period of recovery after childbirth or related circumstances shall be considered reasonable in the absence of extenuating circumstances.
4. Women employees cannot categorically be denied the opportunity to work during the entire period of pregnancy, but may continue working as long as the individual and her physician concur in her ability to work, and the demands of the job are satisfied. Proof of the physician’s concurrence should be submitted at regular intervals during the employee’s pregnancy at the request of the employer.
5. Upon return from disability leave, if related to pregnancy, childbirth, or related circumstances, an employee shall return to her same job or a similar job with at least the same pay.
6. All points listed above shall apply equally to married and unmarried women. (Ord. 1358 §§ 1, 2, 1987; Ord. 1186 § 2, 1981; Ord. 907 § 2, 1974).
2.72.050 Military leave.
Military leave shall be granted to an employee in accordance with Section 38.40.060 of the Revised Code of Washington. (Ord. 907 § 3, 1974).
2.72.060 Jury service.
When an employee covered by this chapter is called for jury service in any municipal, county, state or federal court, he shall advice the city upon receipt of such call, and if taken from his work for such service, he shall be reimbursed for any loss of wages while actually performing such service, provided he conveys to the city his properly endorsed check and permits the city to verify the amount of remuneration he received for such service. The amount the employee shall be reimbursed shall be determined by subtracting the amount he received for such service from the amount he would have earned at his regular straight-time rate during the regular working hours he missed while performing such service. The employee shall retain payments for mileage and out-of-pocket expenses. (Ord. 907 § 4, 1974).
2.72.070 Holidays.
|
Holiday |
Date to be Observed |
|
New Year’s Day |
January 1st |
|
Lincoln’s Birthday |
February 12th |
|
Washington’s Birthday |
Third Monday in February |
|
Memorial Day |
Last Monday in May |
|
Independence Day |
July 4th |
|
Labor Day |
First Monday in September |
|
Veterans’ Day |
November 11th |
|
Thanksgiving Day |
Fourth Thursday in November |
|
The day after Thanksgiving |
The Friday following Thanksgiving |
|
Christmas |
December 25th |
|
One floating holiday |
At employee’s choice |
When a holiday falls on Saturday or Sunday, the Monday following shall be observed as the holiday. Employees who have days off because of their work schedules shall receive the same number of days off in lieu of holidays missed, as scheduled by their respective supervisor. A holiday falling within a vacation period shall not constitute a vacation day and a holiday occurring while an employee is on sick leave shall not count against the employee’s sick leave credit.
Employees shall be entitled to holidays with pay, except that no temporary employee shall be so entitled.
A temporary employee shall be paid at the designated hourly rate for the actual hours worked only and shall not be eligible for any fringe benefits. (Ord. 1019 § 1, 1976: Ord. 907 § 5, 1974).
2.72.080 Termination of employment.
A. Upon termination of employment by retirement or resigning, all regular full-time employees shall, as soon as practical, be paid for accrued and unused vacations.
B. At date of retirement, one-half of the total sick leave time accrued is to be paid to the employee, provided that at the time of retirement, the employee has a minimum of forty-five days accrued, and up to a maximum of ninety days.
C. In case of death of an employee, such compensation as provided in subsections A and B of this section shall be made to the next of kin to the deceased. (Ord. 1274 § 1, 1984: Ord. 907 § 6, 1974).
2.72.090 Regulations generally—Prohibited actions—Violation—Penalty.
No employee shall cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, participate or promote any sick leave absence which is not bona fide, or cause, or condone any other interference with city functions. In the event any employee should violate the provisions of this section, then in addition to any disciplinary or other action as may be deemed appropriate by the city, such employee shall not be entitled to any pay and benefits during such strike, work stoppage, interference or infraction. (Ord. 907 § 8, 1974).