Chapter 2.40 LEAVES OF ABSENCE

Chapter 2.40
LEAVES OF ABSENCE

Sections:

2.40.010 Eligible employees.

2.40.020 Vacation leave.

2.40.030 Sick leave.

2.40.035 Bereavement leave.

2.40.040 Civil leave.

2.40.050 Military leave.

2.40.060 Leave without pay.

2.40.070 Unauthorized absences.

2.40.080 Holidays with pay.

2.40.090 Workweek.

2.40.100 Overtime pay.

2.40.110 Shared leave—Management employees.

2.40.120 Shared leave—AFSCME employees.

2.40.010 Eligible employees.

Commencing March 1, 1977, all employees of the city of Yakima shall be eligible for vacation pay, sick leave, civil leave, military leave and holiday pay as provided in this chapter, except as follows:

1. Temporary or emergency employees shall not be eligible for any leave or holiday privileges. Employees in permanent seasonal positions shall be eligible for all leave privileges except vacation leave.

2. Leave and holiday privileges for fire department personnel shall be governed by Chapter 2.22 of this code.

3. Police department employees and fire department employees eligible for benefits provided by the Law Enforcement Officers’ and Firefighters’ Retirement System, RCW Chapter 41.26, shall not be entitled to sick leave benefits conferred by this chapter; provided, such employees shall be accorded leaves of absence as provided by subsections B(4) and B(5) of Section 2.40.030. (Ord. 2051 § 3, 1977: Ord. 1938 § 1, 1976: Ord. 1468 § 1, 1972: Ord. 1451 § 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960).

2.40.020 Vacation leave.

A. Rate of Accrual of Vacation Leave.

(1) Effective January 1, 1979, each eligible employee within the bargaining unit of the American Federation of State, County and Municipal Employees shall earn vacation leave at the following rates:

a. Employees with one full year of service shall earn ten working days, five of which may be taken after six months of service;

b. Employees with two full years of service shall earn twelve working days;

c. Employees with five full years of service shall earn fifteen working days;

d. Employees with ten full years of service shall earn nineteen working days;

e. Employees with more than fifteen full years of service shall earn twenty-two days.

(2) Effective October 24, 1991, all management employees as defined in subsection 2.04.030(D) of this code, the chief of the fire department and the chief, captains and lieutenants of the police department shall be entitled to vacation leave at the following rates:

a. Employees with less than two years of service shall earn eight hours per full month of service (twelve days per year);

b. Employees with two years or more but less than six years of service shall earn nine and one-third hours per full month of service (fourteen days per year);

c. Employees with six years or more but less than ten years of service shall earn twelve hours per full month of service (eighteen days per year);

d. Employees with ten years or more but less than fifteen years of service shall earn fourteen hours per month of service (twenty-one days per year);

e. Employees with fifteen or more years of service shall earn sixteen hours per full month of service (twenty-four days per year).

(3) Effective January 1, 1979, police patrolmen and sergeants shall earn vacation leave at the following hourly rates for each full calendar month of service:

a. Employees with less than three years of service shall earn six and sixty-seven hundredths hours;

b. Employees with three years or more but less than six years of service shall earn eight hours;

c. Employees with six or more but less than ten years of service shall earn nine and thirty-three hundredths hours;

d. Employees with ten or more but less than fifteen years of service shall earn twelve hours;

e. Employees with more than fifteen years of service shall earn fourteen hours.

B. Accumulation of Vacation.

(1) An employee within the bargaining unit of the American Federation of State, County and Municipal Employees may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rate specified in subsection A(1) of this section.

(2) Subject to subsection B(3) of this section, an employee in the exempt classification, as specified in YMC 2.20.100, the chief and deputy chief of the fire department and the chief, captains and lieutenants of the police department may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rate specified in subsection (A)(2) of this section.

(3) Effective January 1, 1998, for the chief and deputy chief of the fire department, and the chief, captains, and lieutenants of the police department, at the end of each year any vacation leave accumulated in excess of the limits specified in subsection (B)(2) of this section shall be paid to the respective employee at the rate of one hundred percent of the employee’s base wage in effect as of December 31st of that year; provided, however, that the employee must use at least seventy-five percent of his/her vacation leave accrued during that year in order to qualify for the payment unless some or all of the employee’s scheduled vacation leave use for that year is cancelled and cannot be rescheduled that year, and such prevents the employee from complying with the seventy-five percent vacation leave use requirement. At the end of each year all vacation leave accrued in excess of the limits specified in subsection (B)(2) of this section, but for which the employee does not qualify for payment, shall be transferred to the management extended sick leave pool established under YMC 2.40.110.

(4) All other employees covered by this chapter except those affected by subsections (B)(1) and (B)(2) of this section may accumulate vacation leave time not to exceed two hundred forty hours.

C. Permissible Use of Vacation Accruals with Pay.

(1) Vacation leave accumulated at the end of six months of service may be taken in the seventh month and each month thereafter as accumulated.

(2) Vacation leave must be taken at such time as the employee can be spared, but an employee will be allowed to take his leave when he desires if it is possible to schedule it at that time.

(3) All vacation leave must be requested in advance and approved by the employee’s department head.

D. Terminal Leave.

(1) A permanent employee, when leaving the service of the city in good standing and who has given at least two weeks’ notice of his intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation.

(2) No compensation for vacation leave shall be payable to any employee who terminates his employment or is terminated before he has completed six months of service.

(3) Any eligible employee who is discharged or resigns as a result of disciplinary action shall be entitled to be compensated for only that vacation leave which was earned in preceding calendar years and not used at time of separation. This provision also shall apply to employees who quit without giving the notice specified in subsection (D)(1) of this section.

(4) Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated.

E. Reporting. Vacation leave with pay shall be reported to the personnel department on forms and according to procedures as specified by the director of personnel. (Ord. 98-34 § 1, 1998; Ord. 3403 § 6, 1991; Ord. 2363 §§ 1, 2, 1980; Ord. 2265 § 4, 1979; Ord. 2153 § 5, 1978; Ord. 1901 § 1, 1976; Ord. 1900 § 1, 1976; Ord. 1745 § 6, 1975: Ord. 1614 § 6, 1974; Ord. 1474 § 3, 1972; Ord. 1408 § 1, 1972; Ord. 1402 § 1, 1972; Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963: Ord. 69 § 1 (part), 1960).

2.40.030 Sick leave.

A. Accrual.

(1) Effective October 24, 1991, all employees except management employees as defined in subsection D of this section and except employees covered by the Washington State Law Enforcement Officers’ and Firefighters’ Retirement System shall accrue sick leave at the rate of one working day of leave for each full calendar month of the employee’s service with the city. Unused sick leave may be accumulated for an unlimited maximum period.

(2) Upon initial employment, management employees as defined in subsection D of this section shall accrue sick leave at the rate of two working days of leave for each of the first six full calendar months of the employee’s service with the city, and no sick leave shall accrue for any such employee for the seventh through the twelfth full calendar months of service. Thereafter, commencing with the thirteenth full calendar month of service, each employee shall accrue sick leave at the rate of one working day of leave for each full calendar month of service. Unused sick leave may be accumulated for an unlimited maximum period.

B. Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons:

1. Personal illness or physical incapacity resulting from causes beyond employee’s control;

2. Quarantine of employee due to exposure to a contagious disease;

3. On-the-job injuries; any employee receiving sick leave with pay, who is eligible for time-loss payments under the workman’s compensation law shall, for the duration of such payment, receive only that portion of the employee’s regular salary which, together with said payments, will equal the employee’s regular salary. In order not to work an undue hardship on the employee caused by the time lag involved in time-loss payments, the employee shall be paid full salary and on receipt of time-loss payments shall endorse such payments to the city. Said employee shall be charged with sick leave only for that portion of the employee’s regular salary for which the city is not reimbursed by the workman’s compensation payments endorsed to the city;

4. Subject to and in accordance with YMC 2.40.035, the death of a member of the immediate family of an employee or employee’s spouse;

5. Illness and disability caused or contributed to by pregnancy, miscarriage, abortion, or childbirth;

6. Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer;

7. Leave taken pursuant to and in accordance with the Family and Medical Leave Act of 1993 and the FMLA policy of the city of Yakima;

8. To care for a child of the employee with a health condition that requires treatment or supervision; “child” as used herein means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is (a) under eighteen years of age or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability;

9. To care for a spouse, parent, parent-in-law, or grandparent of an employee who has a serious health condition or an emergency condition; “parent” as used herein includes an individual who stood in loco parentis to an employee when the employee was a child.

C. Requirements for All Paid Sick Leave.

(1) Every employee must report to the representative designated by his department head the reason for the absence as far in advance of the starting of his scheduled work day as possible, but in no event shall this report be made later than the first day of absence.

(2) An employee must keep his department head informed of his condition if absence is of more than three working days in duration.

(3) For each absence an employee must submit upon the approved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three working days, or for each absence, if requested by the department head.

(4) Employees must permit home visits or medical examinations at the expense and convenience of the city.

D. Enforcement of Sick Leave Provisions.

(1) Any failure to comply with the provisions of subsection C of this section shall be grounds for denial of sick leave with pay for the period of absence.

(2) Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspension or discharge.

(3) It shall be the responsibility of the department head or his designated representative to:

a. Review all applications for sick leave and approve those which are bona fide and comply with the provisions of this section and forward same to the personnel department. The director of personnel shall not certify the payment of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave by the director of personnel upon recommendation of the department head as indicated by his signing the time sheet and subject to the receipt of an approved application for sick leave pay immediately upon the employee’s return to work;

b. Investigate any suspected abuse of sick leave;

c. Withhold approval of sick leave pay in the event of unauthorized use;

d. Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of wilful misrepresentation in a request for sick leave pay.

E. Sick Leave Exchange. All management employees as defined by YMC 2.20.115 may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions:

1. Except as otherwise provided in subsection (E)(3) of this section, exchange of accrued sick leave for cash will be granted for those employees with less than ninety days (seven hundred twenty hours) of accrued sick leave in accordance with the following:

a. Effective January 1, 2002, upon retirement the employee’s accrued sick leave will be exchanged for pay at the rate of fifty percent of the employee’s current base pay to a maximum of eighteen thousand seven hundred and fifty dollars.

b. Effective January 1, 2002, upon termination under honorable conditions, as distinct from retirement, the employee’s accrued sick leave will be exchanged for pay at the rate of twenty-five percent of the employee’s current base pay to a maximum of eighteen thousand seven hundred and fifty dollars. Honorable termination includes layoff for budget reasons, resignation with proper notice, and position abolition.

2. Except as otherwise provided in subsection (E)(3) of this section, exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued ninety days (seven hundred twenty hours) or more days subject to the following provisions:

a. Effective January 1, 2002, upon retirement, the employee’s accrued sick leave up through a maximum of one hundred twenty-five days (one thousand hours) will be exchanged for pay at the rate of one hundred percent of the employee’s current base pay to a maximum of thirty-seven thousand five hundred dollars.

b. Effective January 1, 2002, upon termination under honorable conditions, as defined in subsection (E)(1)(b) of this section, as distinct from retirement, the employee’s accrued sick leave up to a maximum of one hundred twenty-five days (one thousand hours) will be exchanged for pay at the rate of fifty percent of the employee’s current base pay to a maximum of eighteen thousand seven hundred and fifty dollars.

c. Employees who have accrued more than ninety days (seven hundred twenty hours) of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of four days of sick leave for each additional leave day, not to exceed a total of five added leave days annually, utilization of which would be subject to the scheduling and approval by the department head.

3. Effective January 1, 2002, upon the death of an employee, the employee’s accrued sick leave up through a maximum of one hundred twenty-five days (one thousand hours) will be exchanged for pay at the rate of one hundred percent of the employee’s current base pay to a maximum of thirty-seven thousand five hundred dollars.

4. In December of each year, any accruals beyond the one-hundred-twenty-day limitation applicable to fire department employees not covered by the Washington State Law Enforcement Officer’s and Firefighter’s Retirement System will be automatically exchanged based upon the formula of eight hours’ pay for each thirty-two hours accrued or a percentage thereof for smaller accruals. Such pay will appear on the employee’s final paycheck for the year.

5. Sick Leave Exchange Procedure. Any management employee may exchange accrued sick leave as provided in subsection (E)(1), (E)(2) or (E)(3) of this section at the option of the employee, subject to the following conditions and provisions:

a. A request for such an exchange shall be made to the director of finance and budget. All requests shall be in writing and shall be signed by the employee making the request, or the legal representative of the estate of the employee in the event of the death of the employee.

b. Requests will be accepted only during the first five working days of each month with exchanged leave to be available within fifteen calendar days of the date the request is received by the office of the director of finance and budget. Exceptions to the above will be made for death, termination, layoff or disability retirement.

c. No request will be granted for less than eight hours’ pay or a minimum of three days’ leave.

d. No exchange will be granted to an employee who has been terminated for cause, as defined by civil service. (Ord. 2005-30 § 1, 2005; Ord. 2003-78 § 1, 2003: Ord. 2001-64 § 1, 2001; Ord. 2000-29 § 1, 2000; Ord. 3403 § 7, 1991; Ord. 3077 § 1, 1988; Ord. 2153 §§ 6, 7, 1978; Ord. 1828 § 1, 1975; Ord. 1614 § 7, 1974: Ord. 1381 § 1, 1972; Ord. 854 § 4, 1966: Ord. 447 § 3, 1963: Ord. 69 § 1 (part), 1960).

2.40.035 Bereavement leave.

In the event of the death of a member of the immediate family of a management employee or his/her spouse, the employee shall be granted up to three days of bereavement leave without loss of pay per calendar year. For purposes of this section, “immediate family” means husband, wife, parent, grandparent, child, grandchild, brother, or sister of the employee or his/her spouse. No leave of absence in excess of three days for a family death shall be taken by an employee unless additional leave is recommended by the employee’s department head and approved by the appointing authority. Approved leave in excess of three days for the death of a family member shall be debited against the employee’s accrued sick leave, annual leave, compensatory time and/or other accrued leave. (Ord. 2001-64 § 2, 2001).

2.40.040 Civil leave.

(a) Any necessary leave shall 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 such leave, and who, for the performance of the civil duties involved, received only 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.

(b) Payment for civil leave shall be in accordance with the procedure set out in subsection (B)(3) of YMC 2.40.030. (Ord. 619 § 1, 1965; Ord. 447 § 4, 1963: Ord. 69 § 1 (part), 1960).

2.40.050 Military leave.

Leave not to exceed fifteen days during each calendar year, over and above annual vacation or sick leave, may be allowed any employee who is a member of the National Guard or of any organized reserve or Armed Forces of the United States. The employee will be paid his normal pay during such military leave period when taking part in active training duty. The term “days” as used in this section means calendar days. No calendar days shall be charged against the fifteen-day military leave period for nonwork days before the beginning or after the end of any active military leave period. (Ord. 1911 § 1, 1976: Ord. 69 § 1 (part), 1960).

2.40.060 Leave without pay.

A. All leave without pay must be requested and approved by the department head prior to the beginning date of such leave.

B. Leave without pay for more than fifteen working days must be approved in advance by the appointing authority.

C. Leave without pay may be granted to an employee who has accrued vacation recorded. This section shall not be construed as forbidding the use of leave without pay as a disciplinary measure. (Ord. 182 § 2, 1975: Ord. 1745 § 7, 1975: Ord. 1614 § 8, 1974: Ord. 447 § 5, 1963: Ord. 69 § 1 (part), 1960).

2.40.070 Unauthorized absences.

Unauthorized absences from duty for three consecutive days shall constitute grounds for discharge at the discretion of the city manager subject to civil service rules and regulations. (Ord. 447 § 6, 1963: Ord. 69 § 1 (part), 1960).

2.40.080 Holidays with pay.

A. The following days are established as holidays with pay for all eligible employees of the city of Yakima: the first day of January (New Year’s Day), the third Monday of January (Martin Luther King, Jr. Day), third Monday of February (President’s Day), the last Monday of May (Memorial Day), fourth day of July (Independence Day), first Monday of September (Labor Day), eleventh day of November (Veterans’ Day), fourth Thursday of November (Thanksgiving Day), the day immediately following Thanksgiving Day, and the twenty-fifth day of December (Christmas).

B. In addition to the days specified in subsection A of this section, all eligible employees shall be entitled to one paid personal holiday to be selected by the employee subject to the following conditions:

1. The employee has been or is scheduled to be continuously employed for the city for more than six months;

2. The employee has given not less than fourteen calendar days of written notice to the appointing authority; provided, however, the employee and the appointing authority may agree on an earlier date;

3. The appointing authority has approved the day;

4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department;

5. The personal day must be taken during the calendar year or entitlement to the day will lapse except when an employee has requested a personal holiday and the request has been denied; and

6. The personal holiday is not taken off immediately before or immediately after another holiday unless approved by the appointing authority.

C. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Saturday, the preceding Friday shall be scheduled as a holiday for part of the employees of each city department, and the remaining employees of each department shall be granted another day off within thirty days after any such holiday, with such day off to be scheduled for each employee entitled thereto at a time determined at the discretion of the department manager to be practical so as not to interfere with service to the public, but so as to give the employee the choice of the day preferred if possible.

D. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Sunday, the succeeding Monday shall be scheduled as a holiday; provided that if a service must be provided for the convenience or necessity of the public on that Monday, the department providing such service may assign an appropriate number of employees to work and such employees will be granted an equivalent day off within thirty days of the holiday with such day off to be scheduled for each employee entitled thereto at a time determined by the department head but giving the employee the choice of the day preferred if possible.

E. Employees shall receive one day’s holiday pay at the straight time rate for each holiday specified in subsection A of this section on which those employees perform no work; if the employee performs work on a holiday, that employee shall receive holiday pay plus overtime pay for all hours worked, except for employees covered by subsections I and J of this section. The holiday shall be included as “time worked” at straight time for the purpose of determining whether an employee has worked forty hours in a week.

F. When employees below the level of division head other than those working on jobs where employees are scheduled to work in shifts in a service that is rendered seven days per week and twenty-four hours per day are required to work on a holiday, they shall be paid for such work at the rate of time and one-half in addition to their regular pay.

G. In the event that a holiday occurs during a period of annual leave of an employee, such holiday shall not be charged as a day of leave.

H. No employee shall be paid for a holiday unless such employee is in a pay status both the workday before and the workday after such holiday except for employees working special schedules wherein holidays are worked as a part of that schedule.

I. In the fire department, holiday leave shall be governed by Section 2.22.080.

J. In the police department, an employee shall be granted time off in lieu of holidays in an amount equal to the actual number of holidays enjoyed by other employees during the calendar year. The amount of time off in lieu of holidays to be granted during each year shall be computed each January and scheduled to be taken during the calendar year. The amount of time off in lieu of holidays to be granted an employee who is employed for a partial calendar year shall be prorated for the period of the calendar year during which that individual is employed and a deduction shall be taken from the salary of any employee who ceases employment and who has taken time off in lieu of holidays in excess of the pro rata amount to be granted the employee by the provisions of this section. Any time off in lieu of holidays not taken by December 31st of each year shall be forfeited unless the city manager extends the time within which such time off may be taken because of an emergency or other unusual circumstances.

K. In the event that a holiday falls on an employee’s regular day off, the employee shall have equal time off to be scheduled within ninety days. (Ord. 2002-23 § 1, 2002: Ord. 2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 2041 § 1, 1977: Ord. 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975; Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord. 69 § 1, 1960).

2.40.090 Workweek.

A. Workweek Provisions. With the exception of the fire and police departments, and transit division and other jobs which require special consideration by mutual agreement between the employees and the appointing authority, the following provisions shall govern the workweek, and workday and work shifts of employees within the bargaining unit of the American Federation of State, County and Municipal Employees:

1. Workweek. The workweek shall consist of five consecutive eight-hour days with two consecutive days off, or four consecutive ten-hour days with three consecutive days off.

2. Workday. Eight or ten consecutive hours of work within a twenty-four-hour period shall constitute a workday, and the regular hours of work each day shall be consecutive except that they may be interrupted by a lunch period which shall not be less than thirty minutes.

3. Work shift. Eight or ten consecutive hours of work shall constitute a work shift. All employees shall be scheduled to work on a regular work shift, and each work shift shall have a regular starting and quitting time.

B. Workweek—Transit Operators. The workweek for transit operators shall consist of forty hours per calendar week. A workday may be either consecutive hours or a split shift, with assignment to shifts and routes to be made on the basis of requests by transit drivers according to their seniority.

C. Commencing July 1, 1971, the basic workweek for employees of the police department shall be forty hours and the standard workday shall be eight hours; provided, the chief of the police department may, at any time and at his discretion, with the approval of the city manager, schedule dutyshifts or workdays so that certain employees designated by the chief will work ten hours a day, four days a week. (Ord. 2265 §§ 5, 6, 1979; Ord. 1317 §§ 2, 3, 1971; Ord. 1203 § 4, 1970; Ord. 980 § 3, 1967: Ord. 854 § 5, 1966: Ord. 836 § 1, 1966: Ord. 447 § 8, 1963: Ord. 69 § 1 (part), 1960).

2.40.100 Overtime pay.

A. Overtime payment will be allowed for an employee below the rank of division head and police captain when ordered to work at the rate of time and one-half except as follows:

1. Commencing January 1, 1980, when police officers or sergeants are required to appear in court during their off duty hours, they shall be paid at a straight time rate for such time. A minimum of three hours per day for court appearance shall be allowed, if such court appearance occurs on a day which the officer is scheduled to work, but occurs outside of his regularly-scheduled working hours. A minimum of four hours per day for court appearance shall be allowed if such court appearance occurs on a day on which the officer is not scheduled to work. The officers shall have the option to take time off, at a straight time rate, in lieu of payment, and to accumulate such time off to a maximum of twenty-four hours for any one officer.

2. Overtime payment may be allowed for division heads and police captains at the rate of time and one-half when required to work because of an emergency or unusual circumstances if approved by the city manager.

3. Department directors, when required to work overtime in a non-supervisory capacity because of an emergency determined by the city manager, may be paid overtime at a straight time rate; provided, commencing May 18, 1980, department directors, when required to work in excess of forty hours during any work week in a supervisory capacity because of an emergency or unusual circumstance approved by the city manager, shall be paid at the rate of time and one-half for such overtime work.

4. Compensating time off in lieu of overtime pay, as based on the rates provided by this subsection, may be taken at a time agreed upon by the department head and the employee, but may not be imposed by the department head in lieu of overtime pay upon any employee who has not so requested such compensating time off. Compensatory time off may be accumulated to a maximum of five working days unless the city manager approves additional accrual because of an emergency or other unusual circumstance; provided, however, an employee, who as of February 8, 1979, has accumulated compensatory time in excess of five days, may retain and use that accumulated compensatory time.

B. Overtime pay for employees, other than fire department personnel, who are paid at a monthly rate shall be computed by dividing the basic monthly salary by one hundred seventy-three and thirty-three one-hundredths and multiplying by a factor of 1.5.

C. Fractions of an hour served on overtime duty shall be rounded to the next full hour for the purpose of computing the amount of overtime.

D. Time spent by an employee beyond the normal working day for training classes or travel shall not be considered overtime work.

E. A minimum of two hours pay at the time and one-half rate will be paid to an employee who is called to return to work after leaving the worksite at the completion of the shift, or called to work on a day off. Such call-out time shall be counted from the time the employee leaves home and until the employee returns home.

F. Vacation leave, sick leave and compensatory time used (and holidays as provided in subsection E of 2.40.080 shall be included as “time worked” at straight time for the purpose of determining whether an employee has worked forty hours in a week. Civil leave, military leave and leave without pay shall not be included as “time worked.” (Ord. 2709 § 1, 1983: Ord. 2421 § 1, 1980; Ord. 2400 § 1, 1980; Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1, 1976: Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129 § 1, 1969: Ord. 854 § 6, 1966: Ord. 613 § 2, 1965: Ord. 44.7 § 9, 1963: Ord. 69 § 1 (part), 1960).

2.40.110 Shared leave—Management employees.

A. The city manager or his designee, in his or her discretion, may grant to a management employee as defined in subsection D of Section 2.04.030 of this code or to a union-member employee who is not eligible for disability benefits under state law, shared leave from another employee provided the following are met:

1. The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition such that the employee’s use of sick leave is permissible, pursuant to subsection B of Section 2.40.030.

2. The employee has completed a six month probationary period.

3. The employee has depleted or will shortly deplete his or her total available paid leave. Paid leave is defined as vacation, sick leave, accrued compensatory time or personal holidays. Shared leave shall mean paid leave transferred to an employee pursuant to this section.

4. Prior to the use of shared leave, the employee has abided by the provisions of subsection B of Section 2.40.030.

5. Where applicable, the employee has diligently pursued and is found to be ineligible for Washington State industrial insurance benefits.

6. Shared leave is available pursuant to subsection B of this section to be donated to the employee.

B. An employee may donate his or her accrued paid leave hours by submitting a time card specifying the type and amount of hours to be donated to the management extended sick leave pool, provided that the donated hours do not cause the donor employee’s total available leave balances to decrease by more than ten percent. Such time cards must be received by the division/department timekeeper no later than the fifth day of the first month of any quarter of the year. In case of emergency and upon request of the management group pool review panel, the pool will be reopened by the city for donations prior to quarterly deadlines or at the city manager’s discretion.

C. While an employee is using shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using sick leave.

D. Paid leave shall be transferred on a dollar-value basis. The value of shared leave shall be the dollar value of the paid leave at the time it is recorded as available for use as shared leave. Once shared leave has been transferred to an employee, it shall be transformed into sick leave so credited to the employee’s sick leave accrual. The dollar value of the pool will be increased by the city by the same percentage or dollar-per-hour figure as any wage increase effective for management members.

E. The personnel officer shall be responsible for monitoring shared leave and shall also be responsible for initiating the proper paperwork to the payroll office to adjust the accrued leave balances to the recipient from the pool. Records of all transactions from the pool to the recipient will be maintained by the payroll office with a copy of each transaction also maintained in the human resources office. A recipient shall also have a record of hours received from the pool placed in his or her personnel file.

F. Management or union-member employees shall submit applications to the personnel officer for hours from the management extended sick leave pool in the following manner:

1. Indicate the desired hours, in one-hour increments on a form received from the management group pool review panel.

2. Submit a physician’s statement indicating the nature of the illness, injury, impairment, or medical/mental condition, the prognosis for recovery, and the expected duration of the absence. All such information is confidential.

3. All requests processed by the payroll office by the fifteenth of a month shall be effective for that month.

G. The city manager shall appoint a management group pool review panel, composed of no fewer than four individuals, holding positions described in subsection D of Section 2.04.030 of this code. The management group pool review panel shall recommend whether or not to approve a request for leave from the management extended sick leave pool, according to the following factors:

1. The nature of the extended illness, injury, impairment, or medical/mental condition of the requesting employee.

2. Any history of excessive or abusive use of sick leave by the requesting employee.

H. The management group pool review panel shall make reasonable efforts to determine that an employee granted shared leave uses such leave in accordance with Section 2.40.030. Use of shared leave contrary to Section 2.40.030 shall result in cancellation of the shared leave, the balance of which will be transferred to the management extended sick leave pool. The personnel officer shall so notify the involved employee and the director of finance and budget.

I. Nothing herein shall be construed as creating a right to shared leave or to a certain quantity of shared leave.

J. Hours awarded from the pool shall be on a first-come-first-served basis; provided, that if the leave pool balance is too low to provide hours to all applicants at a particular time, preference shall be given to management employees.

K. The city manager may approve transfer of hours from the management sick leave pool to the AFSCME sick leave pool, provided that the donor pool is not depleted below ninety-six hours. (Ord. 2000-37 § 1, 2000; Ord. 93-12 § 1, 1993: Ord. 3437 § 1, 1992).

2.40.120 Shared leave—AFSCME employees.

A. The city manager or his designee, in his or her discretion, may grant to a permanent full-time or part-time employee who is a member of Local 1122, American Federation of State, County, and Municipal Employees (AFSCME), or, with the agreement of AFSCME Local 1122 executive board, to a city employee who is a member of another union and who is not eligible for disability benefits under state law or to a management employee, shared leave from any other employee provided the following are met: A. The city manager or his designee, in his or her discretion, may grant to a management employee as defined in subsection D of Section 2.04.030 of this code or to a union-member employee who is not eligible for disability benefits under state law, shared leave from another employee provided the following are met:

1. The employee suffers from an illness, injury, impairment, or physical or mental condition such that the employee’s use of sick leave is permissible pursuant to subsection B of Section 2.40.030.

2. The employee has completed a six month probationary period.

3. The employee has depleted or will shortly deplete his or her total available paid leave. Paid leave is defined as vacation leave, sick leave, accrued compensatory time or personal holidays. Shared leave shall mean paid leave transferred to an employee pursuant to this section.

4. Prior to use of shared leave, the employee has abided by the provisions of subsection B of Section 2.40.030.

5. Where applicable, the employee has diligently pursued and is found to be ineligible for Washington state industrial insurance benefits.

6. The employee has begun the third full day of unpaid leave for the current injury or illness.

7. Shared leave is available pursuant to subsection B of this section to be donated by the employee.

B. An employee may donate his or her accrued paid leave hours by submitting a time card specifying the type and amount of hours to be donated to the AFSCME extended sick leave pool; provided, that the donated hours do not cause the donor employee’s sick leave balance to be less than three hundred forty-seven hours, unless otherwise approved by the Local 1122 executive board. The minimum number of hours to be donated at any one time is eight hours. Such time cards must be received by the division/department timekeeper no later than the fifth day of the first month in any quarter of the year. In case of emergency and upon request of the Local 1122 executive board, the pool will be reopened by the city for donations prior to quarterly deadlines.

Paid leave shall be transferred on a dollar-value basis. The value of shared leave shall be the dollar value of the paid leave at the time it is recorded as available for use as shared leave. Once shared leave has been transferred to an employee, it shall be transformed into sick leave and so credited to the employee’s sick leave accrual. The dollar value of the pool will be increased by the city by the same percentage or dollar-per-hour figure as any wage increase effective for Local 1122 members.

C. Union-member or management employees shall apply to Local 1122 executive board for hours from the AFSCME extended sick leave pool in the following manner:

1. Indicate the desired hours, in one-hour increments on a form received from the Local 1122 office.

3. All requests processed by the payroll office by the fifteenth of a month shall be effective for that month.

D. Local 1122 executive board shall recommend whether or not to approve a request for leave from the AFSCME extended sick leave pool, according to the following factors:

1. The nature of the extended illness, injury, impairment, or medical/mental condition of the requesting employee.

2. Any history of excessive or abusive use of sick leave by the requesting employee.

E. Local 1122 executive board shall make reasonable efforts to determine that an employee granted shared leave uses such leave in accordance with Section 2.40.030. Use of shared leave contrary to Section 2.40.030 shall result in cancellation of the shared leave, the balance of which will be transferred to the AFSCME extended sick leave pool. Local 1122 executive board shall so notify the involved employee and the director of finance and budget.

F. Hours awarded from the pool shall be on a first-come-first-served basis; provided, that if the leave pool balance is too low to provide hours to all applicants at a particular time, preference shall be given to union members.

G. Local 1122 executive board will send correspondence for award of sick leave hours to the city of Yakima human resources department, with a copy to the payroll officer. Local 1122 executive board and the city will notify each requesting employee of the final decision on award of hours.

The personnel officer shall be responsible for monitoring shared leave and shall also be responsible for initiating the proper paperwork to the payroll office to adjust the accrued leave balance to the recipient from the pool. Records of all transactions from the pool to the recipient will be maintained by the payroll office with a copy of each transaction also maintained in the human resources office. Recipients shall also have a record of his/her hours received from the pool placed in their personnel file.

H. The city manager, with the agreement of the AFSCME Local 1122 Executive Board, may approve transfer of hours from the AFSCME sick leave to the management leave pool; provided, that the donor pool is not depleted below ninety-six hours. (Ord. 93-12 § 2, 1993: Ord. 3437 § 2, 1992).