Chapter 2.54
VACATION, SICK LEAVE AND HOLIDAYS

Sections:

2.54.010    Definitions.

2.54.020    Holidays granted.

2.54.030    Accrual of annual vacation.

2.54.035    Shared leave.

2.54.040    Effect of leave on vacation.

2.54.050    Effect of termination on vacation.

2.54.060    Effect of transfer on vacation.

2.54.065    Sick leave entitlement.

2.54.070    Sick leave accrual.

2.54.080    Conditions for granting sick leave.

2.54.085    Repealed.

2.54.086    Sick leave cash out.

2.54.090    Notification and report on taking sick leave.

2.54.100    Sick leave verification.

2.54.110    Failure to fulfill sick leave conditions.

2.54.115    Sick leave abuse.

2.54.120    Effect of other compensation on sick leave.

2.54.130    Effect of transfer or termination on sick leave.

2.54.135    Bereavement leave.

2.54.140    Crediting prior accrued benefits.

2.54.145    Sick leave incentive.

2.54.150    Repealed.

2.54.160    Repealed.

2.54.170    Management benefit program.

2.54.200    Severability.

2.54.010 Definitions.

A. “Continuous service.” See LMC 2.48.020.

B. “Family member,” with respect to an employee, means:

1. A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;

2. A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;

3. A spouse;

4. A registered domestic partner;

5. A grandparent;

6. A grandchild; or

7. A sibling.

C. “Regular full-time employees” means employees who have completed the orientation period and are in full-time positions that are considered to be year-round positions (as opposed to seasonal). Regular full-time employees are entitled to a full employee benefit package of sick leave accrual, vacation accrual, medical/dental/vision, long-term disability, life insurance benefits and retirement system membership.

D. “Regular part-time employees” means employees who work a minimum of 20 hours per week but less than 40 hours per week on a regular year-round basis and have completed the orientation period. They are eligible for retirement system enrollment and receive prorated medical, vision, and leave benefits, based on the number of hours allocated for their positions. (Ord. 3287 § 4, 2018; Ord. 2286 § 3, 1999; Ord. 899 § 5, 1976; Ord. 204 § 1, 1964)

2.54.020 Holidays granted.

A. Holidays Designated. Each regular employee not otherwise covered by a collective bargaining agreement shall be entitled to paid time off at their designated accrual rate on each of the following holidays, which are declared to be official holidays of the city:

New Year’s Day

January 1st

Martin Luther King, Jr. Day

3rd Monday in January

President’s Day

3rd Monday in February

Memorial Day

Last Monday in May

Juneteenth

June 19th

Independence Day

July 4th

Labor Day

1st Monday in September

Veterans’ Day

November 11th

Thanksgiving Day

4th Thursday in November

Day after Thanksgiving

4th Friday in November

Day before Christmas

December 24th

Christmas

December 25th

One Floating Holiday*

To be scheduled with department head; approved on an individual basis.

*A new employee shall be eligible for a floating holiday after completion of six months’ continuous service.

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

If the date of any above-mentioned holiday should be changed, the new date shall be deemed a holiday, and any such holiday falling on Sunday shall be observed the following Monday, with the exception of December 24th. When December 24th falls on a Sunday, it will be observed on the following Tuesday; and when December 24th falls on Friday, it will be observed on Thursday. A holiday falling on Saturday shall be observed on the preceding Friday. In addition to the above, any day or portion thereof may be designated as a holiday by the city council.

B. Compensation for Holidays Worked. Any regular full-time employee (not covered by union contract or exempt status) who works on any holiday shall be paid time-and-one-half, plus the holiday pay.

C. When Paid. Any employee shall receive the holiday with pay only if in a paid status the work day before and the work day after the holiday. (Ord. 3409 § 1, 2021; Ord. 2546 § 1, 2005; Ord. 2286 § 5, 1999; Ord. 1498, 1986; Ord. 958 § 7, 1978; Ord. 889 § 6, 1976; Ord. 730 § 11, 1974; Ord. 587 § 1, 1971; Ord. 540 § 5, 1970; Ord. 463 § 1, 1969; Ord. 204 § 2, 1964)

2.54.030 Accrual of annual vacation.

A. Schedule. Each regular full-time employee shall accrue the following amount of vacation time with pay depending on the length of continuous service with the city, and may only be drawn by an employee after satisfactory completion of his orientation period. Regular part-time employees will receive a prorated amount of vacation based on the number of hours allocated to their position.

Length of Continuous Service

Vacation Time Accrued (Working Days Per Year)

After 6 months

5

1 year

10 (Includes five days after 6 months)

3 years

12

6 years

15

9 years

17

11 years

19

16 years

21

20 years

25

Vacation time shall accrue on a monthly basis using the ratio of the number of vacation days per year to which the employee will be entitled divided by 12 (i.e., ten-twelfths of a working day per month).

B. Time Taken. Vacation time shall be taken within the 12-month period following the period for which it is accumulated and may not be extended without the approval of the mayor. (Ord. 2354 § 1, 2001; Ord. 2286 § 6, 1999; Ord. 1556 § 2, 1986; Ord. 556 § 4, 1970; Ord. 204 § 3, 1964)

2.54.035 Shared leave.

A. The purpose of shared leave is to permit city employees, at no additional cost to the city other than the administrative costs of administering the program, to come to the aid of a fellow city employee who:

1. Has been called to active duty (not including regular summer duty) to serve in the armed forces; or

2. Is suffering from or has an immediate family member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment.

B. A department head, with the mayor’s approval, may permit an employee to receive shared leave under this chapter if:

1. The employee:

a. Has been called to active duty (not including regular summer duty) to serve in the armed forces; or

b. Suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the city.

2. In cases of employee illness, the employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave.

3. Prior to the use of shared leave, the employee has abided by the city’s sick leave policy.

4. In cases of employee illness, the employee has diligently pursued and is found to be ineligible for state industrial insurance benefits.

5. The use of shared leave will not significantly increase the city’s costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee’s department.

C. The department head, with the concurrence of the mayor, shall determine the amount of shared leave, if any, which an employee may receive under this section. The employee shall be required to provide appropriate military orders of activation or medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. An employee shall not receive more than a total of 1,040 hours of shared leave throughout the employee’s employment. To the extent possible, shared leave should be used on a consecutive basis.

D. Employees may request their department head to approve the transfer of a specified amount of accrued vacation leave to an employee who is authorized to receive shared leave as provided herein. In order to be eligible to donate vacation leave, an employee must have a total of more than 80 hours of accrued vacation leave, have taken at least 80 hours of vacation leave within the calendar year or have a total of accrued and used vacation leave of greater than 80 hours. The department head shall not transfer vacation leave in excess of the amount specified in the request. All donations of leave shall be voluntary. The department head shall determine that no significant increase in city costs will occur as a result of a donation of leave.

E. Leave may be transferred from an employee(s) from one department to an employee of the same or, with the concurrence of both department heads, to an employee of another department.

F. While an employee is on 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 vacation leave.

1. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave.

2. The employee’s salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee’s salary and other benefits, including but not limited to state industrial insurance or any other benefit received as a result of payments by the city to an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status.

G. Vacation leave shall be transferred on an hour-for-hour basis. The minimum allowable transfer of vacation leave shall be in four-hour increments.

H. The administrative services department shall be responsible for monitoring the donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave for both the donor and recipient. The administrative services department shall determine the appropriate fund transfers and budget amendments as needed for city council action. Records of all leave time transferred shall be maintained.

I. Once vacation leave is transferred to the donee employee, that vacation shall henceforth remain in the donee employee’s accrual until exhausted and shall not revert back to the original donor employee.

J. The human resources department shall monitor the use of shared leave to ensure equivalent treatment for all employees of the city. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave.

K. This program has been established as a pilot program subject to review within one calendar year. The city in its sole discretion may cancel this program. Participation in the program shall be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate Union bargaining representative indicating that the Union understands the program is a pilot program, agrees that the program shall not establish a past practice by the city or otherwise obligate the city to continue the program and acknowledging that the city may cancel the program at any time or review it on one-year increments, extending it from time-to-time as the city, in its sole discretion, shall determine appropriate. (Ord. 2491 § 1, 2004; Ord. 1809 § 1, 1991)

2.54.040 Effect of leave on vacation.

Employees who are granted a leave of absence with pay for any purpose shall continue to accrue vacation leave at the regularly prescribed rate during such absence. (Ord. 204 § 4, 1964)

2.54.050 Effect of termination on vacation.

Each employee whose service is terminated shall be compensated for any accumulated vacation leave earned prior to the effective date of such termination. (Ord. 2354 § 2, 2001; Ord. 204 § 5, 1964)

2.54.060 Effect of transfer on vacation.

When an employee is transferred to another position, any unused vacation leave which may have accumulated to his credit shall continue to be available for his use as necessary. (Ord. 204 § 6, 1964)

2.54.065 Sick leave entitlement.

Sick leave entitlement shall accrue for all city of Lynnwood employees, based on rates established in this chapter, and as specified by Washington State law, city policy and union contract. (Ord. 3287 § 1, 2018; Ord. 2456 § 1, 2003; Ord. 2354 § 3, 2001; Ord. 2286 § 7, 1999; Ord. 1155 § 1, 1980)

2.54.070 Sick leave accrual.

A. Regular Full-Time Employees. Unless otherwise stated in a collective bargaining agreement, paid sick leave shall accrue at the rate of eight hours per month. All accrued but unused paid sick leave in any year shall be accumulative for succeeding years.

B. Regular Part-Time Employees. Unless otherwise stated in a collective bargaining agreement, paid sick leave will accrue at a prorated rate, based on the number of hours the employee is allocated to work. All accrued but unused paid sick leave in any year shall be accumulative for succeeding years.

C. Part-Time/Temporary/Seasonal Employees. Paid sick leave shall accrue at the rate of one hour for every 40 hours worked. Additionally, part-time/temporary/seasonal employees are eligible to carry over to the following year any accrued, unused paid sick leave up to a maximum of 40 hours.

D. Employees in their orientation period are not eligible to use sick leave until they have completed 30 days of continuous employment. Regular full-time and regular part-time employees who are granted a leave of absence with pay for any purpose shall continue to accrue sick leave as outlined in subsections (A) through (C) of this section during such absence. (Ord. 3287 § 2, 2018; Ord. 3168 § 5, 2015; Ord. 2312 § 1, 2000; Ord. 2286 § 8, 1999; Ord. 2027 § 2, 1995; Ord. 1374 § 5, 1983; Ord. 1189 § 2, 1981; Ord. 824 § 6, 1976; Ord. 769 § 10, 1974; Ord. 609 § 2, 1971; Ord. 556 § 5, 1970; Ord. 204 § 7, 1964)

2.54.080 Conditions for granting sick leave.

An employee eligible for sick leave with pay shall be granted such leave for the following reasons:

A. The employee’s physical or mental illness, injury or health condition, including the employee’s need for medical diagnosis, care and/or treatment of a physical or mental illness, injury or health condition;

B. The employee’s preventative care such as a medical, dental or vision appointment and/or treatment;

C. To allow the employee to provide care for a family member with a physical or mental illness, injury or health condition, including the family member’s need for medical diagnosis, care and/or treatment of a physical or mental illness, injury or health condition;

D. To allow the employee to provide care for a family member who needs preventative medical care such as a medical/dental/vision appointment;

E. Closure of the employee’s place of business or his or her child’s school or place of care by order of a public official for health-related reasons; and

F. Absences that qualify for leave if the employee or the employee’s family member is a victim of domestic violence, sexual assault or stalking. (Ord. 3287 § 3, 2018; Ord. 2576 § 1, 2005; Ord. 2456 § 2, 2003; Ord. 2312 § 2, 2000; Ord. 1645 § 1, 1988; Ord. 1556 § 1, 1986; Ord. 958 § 8, 1978; Ord. 889 § 7, 1976; Ord. 824 § 7, 1976; Ord. 609 § 2, 1971; Ord. 204 § 8, 1964)

2.54.085 Eligibility for exclusion of sick leave payments from Social Security.

Repealed by Ord. 1645.

2.54.086 Sick leave cash out.

Part-time/temporary/seasonal employees are not eligible to have any unused sick leave converted to pay. For regular full-time and regular part-time employees only, any unused sick leave may be converted to pay only under the following circumstances:

A. Upon Retirement Consistent with the Requirements of the Employee’s Applicable Washington State Retirement System, or on Death:

1. An Employee with Less Than 1,000 Hours of Accrued Sick Leave. The first 192 hours of accrued sick leave shall be paid at 100 percent (every hour of sick leave equals one hour of pay). For accrued sick leave from 193 to 999 hours, the accrued sick leave hours shall be paid on a three-to- one ratio (three hours of accrued sick leave equals one hour of pay). The maximum payout amount shall be 368 hours of paid time. As an example only, an employee with 720 accrued hours of sick leave receives 368 hours of paid time as the total accrued sick leave payout amount.

2. An Employee with 1,000 or More Hours of Accrued Sick Leave. The first 100 hours of accrued sick leave shall be paid at 100 percent (every hour of sick leave equals one hour of pay). For accrued sick leave hours from 101 to 1,600 hours, each hour of accrued sick leave shall be paid at 30 percent (for each hour of accrued sick leave, the employee receives 30 percent of one hour of pay). The maximum payout amount shall be the amount equal to 550 hours of paid time. As an example only, an employee with 1,600 accrued hours of sick leave receives 550 hours of paid time as the total accrued sick leave payout amount.

B. Upon Termination, Whether Voluntary or by Discharge. For accrued sick leave hours from one to 720 hours, the accrued sick leave hours shall be paid on a five-to-one ratio (five hours of sick leave equals one hour of pay). The maximum payout amount shall be 144 hours of paid time.

C. Termination by Layoff. For accrued sick leave hours from one to 720 hours, the accrued sick leave hours shall be paid on a three-to-one ratio (three hours of accrued sick leave equals one hour of pay). The maximum payout amount shall be 368 hours of paid time. (Ord. 3287 § 5, 2018)

2.54.090 Notification and report on taking sick leave.

Nonrepresented employees must provide reasonable advance notice to their direct supervisor or designee about an absence from work for the use of paid sick leave to care for self or a family member in accordance with city policy, so long as such notice does not interfere with the employee’s lawful use of the paid sick leave. (Ord. 3287 § 6, 2018; Ord. 204 § 9, 1964)

2.54.100 Sick leave verification.

Unless otherwise provided in a collective bargaining agreement, if an employee seeks to use or has used paid sick leave for authorized purposes for more than three consecutive days during which the employee is/was required to work, the employee may be required to provide verification that establishes or confirms that the use of paid sick leave is/was for an authorized purpose. (Ord. 3287 § 7, 2018; Ord. 958 § 9, 1978; Ord. 824 § 8, 1976; Ord. 204 § 10, 1964)

2.54.110 Failure to fulfill sick leave conditions.

The city has discretion to not pay an employee for paid sick leave taken in excess of three consecutive days until sufficient verification is provided by the employee. (Ord. 3287 § 8, 2018; Ord. 204 § 11, 1964)

2.54.115 Sick leave abuse.

It is expressly understood that an employee eligible for paid sick leave shall be granted such leave solely for a bona fide illness or physical incapacity of the employee, or such other basis as stated in LMC 2.54.080 and in city policy. Any employee who abuses or violates this provision shall be subject to disciplinary action up to and including discharge. (Ord. 3287 § 9, 2018)

2.54.120 Effect of other compensation on sick leave.

An employee receiving sick leave with pay who simultaneously receives compensation under the workmen’s compensation law, or any other insurance plan paid for by the city, shall receive for the duration of such compensation only that portion of his regular salary which, together with the compensation, will equal his regular salary, and sick leave shall be charged at the same rate as the portion of his salary paid is to his full-time regular salary. (Ord. 204 § 12, 1964)

2.54.130 Effect of transfer or termination on sick leave.

When an employee is transferred to another position, any unused sick leave which may have accumulated to his credit shall continue to be available for his use as necessary. (Ord. 824 § 9, 1976; Ord. 609 § 2, 1971; Ord. 204 § 13, 1964)

2.54.135 Bereavement leave.

A regular full-time employee who has an immediate family member (parent, sibling, spouse, child, mother-in-law, father-in-law, grandparent or grandchild) taken by death may receive up to three days of paid leave as bereavement leave. The employee may request additional days of vacation, floating holiday, or compensatory time for travel, subject to the approval of the appropriate department director and the mayor or mayor’s designee.

A regular part-time employee who has an immediate family member (parent, sibling, spouse, child, mother-in-law, father-in-law, grandparent or grandchild) taken by death may receive up to three days (prorated, based on a percentage of their regular part-time weekly hours divided by 40) paid leave as bereavement leave. The employee may request additional days of vacation, floating holiday, or compensatory time for travel, subject to the approval of the appropriate department director and the mayor or mayor’s designee.

Part-time/temporary/seasonal employees are not eligible for bereavement leave.

The provisions of this section shall not apply to those employees who are covered by negotiated union agreements. (Ord. 3287 § 10, 2018; Ord. 2576 § 2, 2005)

2.54.140 Crediting prior accrued benefits.

Vacation or sick leave for each nonrepresented regular employee accrued but unused at the time of enactment of the ordinance codified in this chapter shall be credited to the employee for use under terms of this chapter. (Ord. 3287 § 11, 2018; Ord. 2286 § 9, 1999; Ord. 204 § 14, 1964)

2.54.145 Sick leave incentive.

Regular full-time and regular part-time employees using 26 or less hours of sick leave during the first half or second half of a calendar year may opt to receive eight hours’ pay on the second pay period in July and January, respectively, and have eight hours of sick leave accruals deducted from their earned sick leave. The provisions of this section shall not apply to part-time/temporary/seasonal employees and to those employees who are covered by negotiated union agreements. (Ord. 3287 § 12, 2018; Ord. 2577 § 1, 2005)

2.54.150 Other leaves of absence.

Repealed by Ord. 1645.

2.54.160 Accounting of nontaxable payments.

Repealed by Ord. 1645.

2.54.170 Management benefit program.

A. Purpose. It is the purpose of this management benefit program to enable the city of Lynnwood to recognize competitive labor market factors in recruiting and retention through its vacation, sick leave, and administrative leave programs for department heads and other designated senior staff. The management benefit program set forth herein is intended to enhance the city of Lynnwood’s ability to recruit and retain department heads and other senior staff.

B. Authorization of Management Benefit Program. A management benefit program is hereby created to provide recognition of prior service with other employers in the administration of the city of Lynnwood’s vacation and sick leave programs and authorize the city to recognize administrative leave for department heads and other designated senior staff.

C. Mayor to Administer Management Benefit Program. The mayor is hereby authorized to administer the program within the guidelines established herein and to recommend changes to the city council as needed to keep the program competitive and consistent with the city’s mission, services, and administrative practices.

D. Definitions.

1. “Department heads and other designated senior staff” means employees serving as department heads, together with those second-level managers, professionals, or administrators who are direct subordinates of such department heads who are classified as “exempt” as defined by the U.S. Fair Labor Standards Act of 1938, as amended.

2. “Vacation leave” and “sick leave” mean compensated leave programs authorized for employees of the city of Lynnwood for vacation and sick leave purposes.

3. “Administrative leave” is defined in subsection (E)(3) of this section.

E. Administrative Guidelines. The following guidelines are established herein for the purpose of administering this management benefit program. In the event there is a conflict between these administrative guidelines and other ordinances of the city relating to vacation, sick leave, and administrative leave, the provisions in this section shall apply and the mayor is authorized to rely upon these guidelines in administering this management benefit program.

1. Vacation Leave. The mayor may grant vacation to department heads and other senior staff consistent with their past relevant experience in accordance with the schedules set forth in this chapter pertaining to vacations, sick leave, and holidays. All other provisions of vacation leave set forth in this chapter pertain to these department heads and senior staff.

2. Sick Leave Bank. The mayor may grant a sick leave credit of up to 20 days for department heads and up to 10 days for senior staff at the time of hire. Upon reaching accrual of 20/10 days or the amount granted, the employees will begin accruing at the regular rate set forth in LMC 2.54.070. Employees who terminate will only be cashed out for earned leave and not for any credited leave the mayor may have granted. Employees awarded a sick leave credit are eligible to use that credit at any time prior to termination. All other provisions of this title regarding sick leave entitlement, accrual, and usage shall apply.

3. Administrative Leave. The mayor may grant administrative leave to department heads and other senior staff after advising the city council. Such leave may be for a period of up to 10 working days for those individuals who perform extraordinary job responsibilities and duties. “Administrative leave” is defined as leave granted for performance of responsibilities and duties beyond an employee’s typical responsibilities and duties as specified in their city job description and which clearly benefits the city. Administrative leave for extraordinary performance may be granted in accordance with the following factors, criteria and limitations:

a. Duration of the performance;

b. Level of responsibility associated with the performance;

c. The extent to which the performance requires prolonged or frequent travel or time away from home;

d. Situations for administrative leave include, but are not limited to:

i. Intergovernmental leadership efforts;

ii. Special assignments or projects, whether internal or external to the city;

iii. Filling an official “acting” position in addition to normal work responsibilities and duties;

e. Proposed activities that may qualify for administrative leave shall be identified and reported to the mayor and/or department head in advance whenever possible, unless there are unforeseen circumstances resulting in the need for such performance;

f. Administrative leave shall not be granted for the purposes covered by employee recognition programs in LMC 2.48.235; and

g. Administrative leave shall not be granted if the employee’s vacation balance is at or above the accrual maximum when the determination for administrative leave is made. Administrative leave, once granted, shall be treated as vacation leave.

F. Appeals. Department heads and other senior staff covered by this program may request review of its application by written request to the mayor. Such request shall include the basis of the request and specific references to mistakes of fact or other alleged errors. The mayor shall review the request and shall notify the employee in writing within 10 days of his or her decision. The mayor’s decision shall in all respects be final and not subject to further appeal.

G. Rights Retained. The city retains the unilateral right to modify, revise, or repeal this management benefit program. (Ord. 3168 § 6, 2015; Ord. 2825 § 1, 2010; Ord. 2169 § 1, 1997)

2.54.200 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2169 § 2, 1997)