Chapter 2.100
PERSONNEL POLICIES

Sections:

Article I. Purpose and Scope

2.100.100    Scope of policies.

2.100.110    Implementing/changing the policies and/or procedures.

2.100.120    Definitions.

Article II. General Policies and Practices

2.100.200    Equal employment opportunity employer.

2.100.210    Drug-free workplace.

2.100.220    Recruiting costs.

2.100.230    Trial period.

2.100.240    Hours of work and overtime.

2.100.250    Compensatory time.

2.100.260    Alternative work schedule and flex time.

2.100.270    Actions subject to disciplinary action.

2.100.280    Layoff.

2.100.290    Benefits for part-time, temporary employees and seasonal workers.

Article III. Compensation

2.100.300    Salary classification and grades.

2.100.310    Employee pay rates.

2.100.320    Paydays.

2.100.330    Deductions.

Article IV. Healthcare Benefits

2.100.400    Health insurance benefits.

2.100.410    Healthcare eligibility.

2.100.415    Healthcare coverages for part-time, temporary or seasonal employees.

2.100.420    Healthcare plans.

2.100.430    Refusal of medical coverage –Premium cost savings sharing.

2.100.440    Continuation of health insurance coverage.

Article V. Miscellaneous Benefits

2.100.500    Retirement benefits.

2.100.510    Disability benefits (workers’ compensation).

2.100.520    Long-term disability.

2.100.530    Unemployment compensation.

2.100.540    Deferred compensation.

2.100.550    Life insurance.

2.100.560    Tuition reimbursement.

2.100.570    Commute trip reduction benefits.

2.100.580    Miscellaneous benefits.

Article VI. Leave

2.100.600    Leave.

2.100.605    Accrued leave for part-time, temporary or seasonal employees.

2.100.610    Vacation leave.

2.100.620    Sick leave.

2.100.625    Protected leave.

2.100.630    Management leave.

2.100.640    Leave without pay.

2.100.645    Shared leave.

2.100.650    Jury and witness leave.

2.100.660    Administrative leave.

2.100.670    Bereavement leave.

2.100.680    Holidays.

2.100.690    Religious holidays.

Article I. Purpose and Scope

2.100.100 Scope of policies.

This municipal code, as enacted by the Sumner city council, applies to all city employees and volunteers. In cases where these policies conflict with any city ordinance, civil service rules and regulations, the provisions of a collective bargaining agreement, or state or federal law, the terms of that law or agreement prevail. In all other cases, this code applies.

The mayor and city administrator have the authority to develop and implement personnel policies and procedures that are consistent with the city’s mission and vision. The personnel policies should be updated as necessary to reflect changes in federal or state law, case law, or business practices. The mayor or city administrator may deviate from the personnel policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the city’s citizens.

Changes to compensation and/or benefits must be adopted by ordinance and incorporated in city code as appropriate. (Ord. 2595 § 1 (part), 2017)

2.100.110 Implementing/changing the policies and/or procedures.

The city council, by ordinance, may enact changes to the municipal code. As the need arises, the mayor or city administrator may develop, implement and/or modify personnel policies and procedures, and will notify the city council. (Ord. 2595 § 1 (part), 2017)

2.100.120 Definitions.

“Department director” means an employee who is responsible for directing one or more departments.

“Limited duration employee” means a full- or part-time employee who is hired for a set period of time for the purpose of a specific project or initiative that lasts more than one year. Limited duration employees are considered regular full- or part-time employees for the purposes of benefits.

“Regular full-time employee” means an employee who has successfully completed a trial period as defined in these policies and who is scheduled to regularly work 40 hours a week.

“Regular part-time employee” means an employee who has successfully completed a trial period as defined in these policies and who is scheduled to regularly work less than 40 hours a week.

“Temporary or seasonal employee” means an employee who holds a job of limited duration due to special projects, seasonal work, abnormal workloads or emergencies. Employees are eligible for only those benefits, which may be limited, specifically provided for in a written union contract or by city, state or federal law or regulation. (Ord. 2595 § 1 (part), 2017)

Article II. General Policies and Practices

2.100.200 Equal employment opportunity employer.

The city is an equal employment opportunity employer. The city employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies shall be applied without regard to any individual’s gender, race, color, religion, national origin, pregnancy, age, marital status, sensory, physical or mental disability, sexual orientation including gender expression and identity, genetic information or other basis prohibited by law. (Ord. 2595 § 1 (part), 2017)

2.100.210 Drug-free workplace.

Based on the federal Drug-Free Workplace Act, the manufacturing, distribution, possession and use of unlawful drugs or alcohol on city premises or during work hours by city employees is strictly prohibited. Employees must notify the city within five days of any conviction for a drug violation in the workplace. Violation of this policy may result in disciplinary action, including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination. (Ord. 2595 § 1 (part), 2017)

2.100.220 Recruiting costs.

The city may provide reimbursement for selected candidates for their expenses incurred in conjunction with their participation in the selection process for exempt, eligible management level positions. Expenses must be approved for payment before the expenses are incurred. (Ord. 2595 § 1 (part), 2017)

2.100.230 Trial period.

Upon hire, appointment, transfer or promotion all employees enter a trial period that is considered an integral part of the selection and evaluation process. The trial period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate.

A. Length of Period. The normal trial period is 12 months from the employee’s date of hire or rehire. The trial period may be reduced at time of hire if approved by the city administrator. If reduced, the department director may request that the trial period be extended for up to an additional six months due to circumstances such as an extended illness or a continued need to evaluate the employee’s performance.

Promotions and transfers are subject to a six-month trial period. An extension may be granted due to circumstances such as, but not limited to, an extended illness or a continued need to evaluate the employee’s performance.

B. Use of Leave. During their trial period, employees may use any form of paid leave.

C. End of Trial Period. The trial period is an extension of the selection process and failure to successfully complete the trial period as determined by the mayor, city administrator, or department director does not grant any right to appeal under these policies. Trial employees may be terminated with or without cause by the mayor or city administrator. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee, if the previous position is still available.

Once the trial employee receives a satisfactory performance evaluation and the trial period is considered successfully completed, the employee is considered to have regular employment status. Successful completion of the trial period does not create an employment contract or guarantee employment with the city for a specified duration. (Ord. 2595 § 1 (part), 2017)

2.100.240 Hours of work and overtime.

All city positions are designated as either “exempt” or “nonexempt” according to the Fair Labor Standards Act (“FLSA”) and Washington Minimum Wage Act regulations.

A. Reporting Time Worked. All non-exempt personnel are responsible for accurately reporting all hours worked on each day worked. Employees failing to accurately record time worked or who falsify time records are subject to discipline, up to and including termination.

B. When Eligible. Nonexempt employees are eligible for overtime for time worked beyond the employee’s scheduled shift, or as provided in a collective bargaining agreement. Paid leave (holidays, sick leave, vacation, etc.) is counted as regular time for the purposes of computing overtime.

C. Authorization. All overtime must be authorized in advance by the employee’s supervisor, although exceptions may be made for emergency situations.

D. Rate of Pay. Unless otherwise specified in a collective bargaining agreement, overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all time worked beyond the employee’s scheduled shift.

E. Exempt Employees. Exempt employees are never eligible for overtime or compensatory time, but are expected to work 40 hours or more per week. An exempt employee is paid to perform a job which may or may not necessarily be completed in a normal work week, meaning the demands of the job may require extra hours of work, attendance at night meetings or conferences, and additional supervisory duties. In recognition of the extra time demands of certain exempt positions, exempt employees are not required to strictly adhere to the normal attendance requirements as a nonexempt employee. However, if the flexible attendance interferes with department operations, or the work of the subordinates, this will be addressed as a performance issue. (Ord. 2595 § 1 (part), 2017)

2.100.250 Compensatory time.

Nonexempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case-by-case basis by the employee’s department head. The city is not required to grant compensatory time instead of overtime pay. Compensatory time may be accrued up to the maximum allowable under the Fair Labor Standards Act (240 hours).

Employees may use compensatory time within a reasonable time period after making a request to their department head, unless doing so would unduly disrupt city operations. Compensatory time usage should be scheduled in advance. Compensatory time must be used by the end of the calendar year. Unused compensatory time will be paid out at the applicable wage. An employee may request a three-month extension to use the compensatory time; provided, that the extension is needed due to a planned event (upcoming vacation or long-term medical leave). (Ord. 2595 § 1 (part), 2017)

2.100.260 Alternative work schedule and flex time.

In accordance with the Washington’s Commute Trip Reduction Law and the Washington Clean Air Act, the city has established a policy to allow for alternative work schedules and/or flex time for city employees. Flex-time schedules and compressed work or modified compressed work weeks are encouraged where and when practical. The mayor and city administrator are authorized to develop a policy relating to alternative scheduling approval. (Ord. 2595 § 1 (part), 2017)

2.100.270 Actions subject to disciplinary action.

The policy of the city of Sumner shall be to administer disciplinary action in a constructive and/or progressive manner so as to respond to or effectively correct unacceptable behavior. This allows employees, when appropriate, the opportunity to recognize and change their behaviors at the earliest possible time.

Unless modified in an employment agreement or other contract, or with regard to employees serving trial period, it is the policy of the city to take disciplinary action only when there is “just cause” for such action and further to ensure that all employees are granted their “due process” rights. (Ord. 2595 § 1 (part), 2017)

2.100.280 Layoff.

The mayor or city administrator may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place.

In determining who is to be laid off, the city administrator and/or mayor reserves the right, within the budget parameters set by the council, to determine the layoffs in a way which provides the best mix of skills and experience as needed to provide services to the citizens of Sumner. Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified within a one-year period. (Ord. 2595 § 1 (part), 2017)

2.100.290 Benefits for part-time, temporary employees and seasonal workers.

Unless noted otherwise in these policies, benefits for regular part-time and temporary employees are as follows:

A. Regular Part-Time Employees.

1. Accrued Leave/Paid Holidays. Regular part-time employees who work at least 20 hours per week shall receive prorated accrued paid leave (vacation, bereavement) and paid holidays. All part-time employees are eligible for prorated sick leave accrual. “Prorated” means the ratio between the number of hours in the employee’s normal work schedule and 40 hours per week.

2. Medical Insurance. Part-time employees working at least 20 hours per week, but less than 30 hours per week, may choose to receive prorated medical benefits. Part-time employees working on average 30 or more hours per week shall receive medical benefits at a prorated amount unless waived by the employee.

B. Temporary and Seasonal Employees.

1. Accrued Leave/Paid Holidays. Temporary and seasonal employees are eligible for prorated sick leave accrual. “Prorated” means the ratio between the number of hours in the employee’s normal work schedule and 40 hours per week. Temporary employees are not eligible for other accrued leave or paid time off (e.g., holidays or bereavement) unless otherwise allowed by the mayor, city administrator or collective bargaining agreement.

2. Medical Insurance. Temporary and seasonal employees who work more than 30 hours per week shall receive medical benefits the first day of the third month; provided, that their expected length of service is more than 90 days. The medical benefits shall be prorated if the temporary employee works less than 40 hours but more than 30 hours per week. (Ord. 2595 § 1 (part), 2017)

Article III. Compensation

2.100.300 Salary classification and grades.

It is the responsibility of the city council to establish through approval of the annual budget the salary ranges for all classifications in the city of Sumner. Each job title within the city is classified into one of the city’s classifications for salary purposes. Each classification is designated a particular salary or salary range shown on the city’s salary and wage schedule, which is approved annually by the city council.

The mayor or city administrator may propose, and the city council may grant, an across-the-board pay adjustment (cost-of-living increase) from time to time, raising the salaries of all positions by a specified amount within a classification(s). Such adjustments, if any, will not change an employee’s pay increase anniversary date. (Ord. 2595 § 1 (part), 2017)

2.100.310 Employee pay rates.

Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee’s experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum. Only the mayor or city administrator has the authority to employ a person at a rate higher than the salary range step 1, with any step higher than 3 being approved by the city council.

Step increases are contingent on satisfactory performance. If an employee’s performance is consistently unsatisfactory, the department director may defer a scheduled pay increase for a stipulated period of time or until the employee’s job performance is satisfactory.

Any employee promoted to a position in a higher classification and salary range should typically receive the next highest available pay step in the new range. If the new step is less than three percent higher, the mayor or city administrator may approve the next highest step.

Temporary and seasonal workers’ pay shall not exceed the amount set by the city council. (Ord. 2595 § 1 (part), 2017)

2.100.320 Paydays.

Employees will normally be paid on the fifth and twentieth of each month. If the regular payday occurs on a Saturday, Sunday or a holiday, employees will be paid on the last working day before the regular payday. (Ord. 2595 § 1 (part), 2017)

2.100.330 Deductions.

Some regular deductions from the employee’s earnings are required by law; other deductions are allowed by law and specifically authorized by the employee. The city will withhold from the employee’s paycheck those deductions required by law and any voluntary deductions authorized by the employee, by applicable collective bargaining agreement, when allowed by statute. (Ord. 2595 § 1 (part), 2017)

Article IV. Healthcare Benefits

2.100.400 Health insurance benefits.

The city’s health insurance policy is administered in accordance with the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA), as amended. The benefits, terms, and conditions of the employer’s health benefits plan, including costs owed by eligible employees (if any), are determined by city council and/or applicable collective bargaining agreements. If there are conflicts between this policy, the plan, and any collective bargaining agreements, the document satisfying the minimum protections of the PPACA shall apply. (Ord. 2595 § 1 (part), 2017)

2.100.410 Healthcare eligibility.

Regular full-time and regular part-time employees and their dependents are eligible to participate in the city’s various insurance programs on the first day of the month following employment. The city reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees, and when bargained as required.

The human resources department is responsible for ensuring employees are classified correctly using pre-determined measurement periods. The periods shall be designed to at least meet the minimum requirements of the Affordable Care Act. (Ord. 2595 § 1 (part), 2017)

2.100.415 Healthcare coverages for part-time, temporary or seasonal employees.

Regular part-time employees, working at least 20 hours per week, but less than 30 hours per week, may choose to receive prorated medical benefits. Regular part-time employees working an average of 30 or more hours per week shall receive medical benefits at a prorated amount unless refused by the employee subject to SMC 2.100.430.

Temporary and seasonal employees who work more than 30 hours per week shall receive medical benefits the first day of the third month; provided, that their expected length of service is more than 90 days. The medical benefits shall be prorated if the temporary employee works less than 40 hours but more than 30 hours per week. (Ord. 2595 § 1 (part), 2017)

2.100.420 Healthcare plans.

The city provides its employees’ healthcare coverage through either the Association of Washington Cities (AWC) or Teamsters Trust as enumerated in the employees’ collective bargaining agreement. For nonrepresented employees healthcare coverage is as follows:

A. Health insurance:

 

Plan:

AWC High Deductible Healthcare Plan

Employee Monthly Premium Cost Share:

$0.00

Annual Employer Health Savings Account Contribution:

$1,500 for employee only

$3,000 for employee + 1 or more

Annual Employer Health Reimbursement Account (bridge):

Maximum of $1,400 for employee only

Maximum of $4,800 for employee + 1 or more

B. Dental insurance:

 

Plan:

Delta Dental Plan J or Willamette Dental $10.00

Employee Monthly Premium Cost Share:

$0.00

C. Vision insurance:

 

Plan:

VSP $0.00

Employee Monthly Premium Cost Share:

$0.00

(Ord. 2614 § 1 (part), 2017: Ord. 2595 § 1 (part), 2017)

2.100.430 Refusal of medical coverage –Premium cost savings sharing.

In accordance with the AWC Employee Benefit Trust underwriting rules, eligible employees who choose to waive city medical and/or dental coverage for themselves or their dependents because of coverage in another plan may receive $100.00 per month, which shall be added to the employees paycheck as a gross amount. In order to refuse medical coverage, the employee must certify that they have minimum acceptable coverage compliant with the Affordable Care Act.

Employees who waive medical coverage are entitled to an amount equal to the employee only health savings account contribution deposited into their deferred compensation (457b) account. (Ord. 2595 § 1 (part), 2017)

2.100.440 Continuation of health insurance coverage.

A. Workers’ Compensation Leave. An employee receiving workers’ compensation benefits continues to accrue vacation leave and sick leave for up to six months as long as they are in a paid status. The city also continues to pay for the employer’s portion of health insurance premiums (unless otherwise provided by the employee’s collective bargaining agreement); provided, that the employee continues to pay their share of premiums, if any. After six months, the employee’s benefits shall cease unless the mayor or city administrator makes an exception based on the established criteria. The employee may continue health care benefits through COBRA.

B. COBRA Benefits. Upon an employee’s separation from service the employee may be eligible to continue city health insurance benefits, at the employee’s expense, to the extent provided under the federal COBRA regulations. An administrative handling fee over and above the cost of the insurance premium may be charged to the employee or his/her dependents who elect to exercise their COBRA benefits.

C. Termination, Retirement, Leave of Absence. The city pays for healthcare one month in advance. For eligible employees who terminate, retire or are on an approved leave of absence, the city will pay the premium for the month after the employee separates, provided the employee is on paid status for 80 hours of the month that they are leaving. (Ord. 2595 § 1 (part), 2017)

Article V. Miscellaneous Benefits

2.100.500 Retirement benefits.

The city makes contributions on behalf of all eligible employees to the Social Security System in addition to those contributions made by the employee through FICA payroll deductions. Most regular full-time and regular part-time employees are covered under the Public Employees Retirement System (PERS). Eligibility, benefit levels and contribution rates are set by the state of Washington. All regular uniformed employees in the police are covered by the Law Enforcement Officers’ and Firefighters’ Retirement System (LEOFF). Benefit levels and contribution rates are set by the state of Washington.

Employees intending to retire should notify the administrative services director and their department director of their intent to retire at least three months prior to the date of retirement. (Ord. 2595 § 1 (part), 2017)

2.100.510 Disability benefits (workers’ compensation).

All employees are covered by the State Workers’ Compensation Program. This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, state industrial insurance will pay the employee for workdays lost and medical costs due to job-related injuries or illnesses. All job-related injuries or accidents shall be reported immediately to the supervisor.

The city may require an examination at its expense, performed by a physician of its choice, to determine when the employee can return to work and if he/she will be capable of performing the duties of the position. (Ord. 2595 § 1 (part), 2017)

2.100.520 Long-term disability.

The city provides its regular full-time employees long-term disability insurance at no cost to the employee. This insurance provides limited compensation if the employee is disabled and unable to work for more than 60 days. (Ord. 2595 § 1 (part), 2017)

2.100.530 Unemployment compensation.

City employees may qualify for state unemployment compensation after termination from city employment, as established by Washington State law. (Ord. 2595 § 1 (part), 2017)

2.100.540 Deferred compensation.

Each regular full-time employee shall receive $185.00 per month into a deferred compensation (457b) plan. The payment shall be made in two equal bimonthly contributions. To be eligible for the contribution the employee must be in a paid status for at least eight hours during the pay period. Employees may defer additional funds into their deferred compensation account up the annual IRS maximum. (Ord. 2595 § 1 (part), 2017)

2.100.550 Life insurance.

The city provides $50,000 of term life insurance to each regular full- and part-time employee at no cost. Temporary or seasonal employees are not eligible. Upon separation of employment, the employee may choose to convert the policy and assume premium payments. (Ord. 2595 § 1 (part), 2017)

2.100.560 Tuition reimbursement.

The city seeks to provide educational opportunity and incentive to regular full-time employees who have successfully completed their trial period. The city recognizes that job-related education and training benefits both the employee and the city and, therefore, provides educational assistance as funding allows. The mayor is authorized to develop a policy that allows for tuition reimbursement. (Ord. 2595 § 1 (part), 2017)

2.100.570 Commute trip reduction benefits.

In accordance with Washington’s Commute Trip Reduction Law and the Washington Clean Air Act, employees who utilize mass transit to commute to and from work shall be entitled to a 50 percent monthly reimbursement of transit fares. The mayor is authorized to develop a policy to implement this benefit. (Ord. 2595 § 1 (part), 2017)

2.100.580 Miscellaneous benefits.

The city may choose to offer additional medical and other benefits to exempt or nonexempt employees as provided by the city council. (Ord. 2595 § 1 (part), 2017)

Article VI. Leave

2.100.600 Leave.

The city provides and/or offers several types of paid and unpaid leave. The leave types covered in this section apply to all full-time regular employees. (Ord. 2614 § 1 (part), 2017: Ord. 2595 § 1 (part), 2017)

2.100.605 Accrued leave for part-time, temporary or seasonal employees.

This section does not apply to accrued sick leave. See SMC 2.100.620.

Regular part-time employees who work at least 20 hours per week shall receive prorated accrued leave. “Prorated” means the ratio between the number of hours in the employee’s normal work schedule and 40 hours per week. Nonaccrued leave, e.g., bereavement, FMLA, military leave, etc., shall be prorated at the same rate as accrued leave on a per use basis.

Temporary employees are not eligible for accrued or other paid leave unless otherwise allowed by the mayor, city administrator or collective bargaining agreement.

Seasonal workers are not eligible to receive paid leave unless enumerated in a collective bargaining agreement. (Ord. 2614 § 1 (part), 2017: Ord. 2595 § 1 (part), 2017)

2.100.610 Vacation leave.

A. Accrual. Each regular full-time employee is entitled to vacation leave as follows:

Years of Service

Vacation Days (Hours)

< 1

12 (96)

1 – 2

13 (104)

2 – 3

14 (112)

3 – 4

15 (120)

4 – 5

16 (128)

5 – 6

17 (136)

6 – 7

18 (144)

7 – 8

19 (152)

8 – 9

20 (160)

9 – 10

21 (168)

10 – 11

22 (176)

11 – 13

23 (184)

13 – 16

24 (192)

16 – 19

25 (200)

19 – 22

26 (208)

22 – 25

27 (216)

25+

28 (224)

All new employees shall accrue vacation leave from the date of employment. Regular part-time employees will receive vacation leave on a pro rata basis. Temporary employees and seasonal workers are not eligible for any vacation leave benefits unless otherwise provided by the mayor, city administrator or a collective bargaining agreement. The mayor or city administrator, as a condition of appointment, may start a new employee at an accrual rate of one to six years without council approval. Starting an employee higher than six years requires council approval.

Employees who are in an unpaid status for the entire pay period do not accrue vacation benefits. Employees who are in any form of a paid status during the pay period are eligible for accruals.

B. Accrual Limits. Total vacation accrual must be at or below 368 hours by the end of the calendar year. Unused vacation time will be forfeited to the city. An employee may request a three-month extension to use the vacation time; provided, that the extension is needed due to a planned event, e.g., upcoming vacation, long-term medical leave or retirement. Employees may accrue more than the annual limit; however, by December 31st the leave accrual must be at 368.

C. Cash Out. Employees will be paid for unused vacation time upon termination of employment at the rate of 100 percent.

The mayor may authorize, as funds are available, the cash out of accrued vacation hours in excess of the 368-hour limit. The intent of the cash out is to minimize the unfunded liability by cashing out vacation at a lower hourly rate than it would likely be paid out in the future. (Ord. 2663 § 1, 2018: Ord. 2614 § 1 (part), 2017; Ord. 2595 § 1 (part), 2017)

2.100.620 Sick leave.

A. Accrual. Each regular full-time employee shall receive eight hours of sick leave per month. All part-time or temporary employees shall receive prorated accruals, based on their number of scheduled regular hours. “Prorated” means the ratio between the number of hours in the employee’s normal work schedule and 40 hours per week.

Regular employees who are in an unpaid status for the entire pay period do not accrue sick leave benefits. Regular employees who are in any form of a paid status during the pay period are eligible for accruals. Temporary employees who are in an unpaid status at any time during the period shall receive prorated sick leave accruals based on the number of hours worked in the period.

B. Separation. Upon separation of employment all regular full-time and regular part-time employees shall be paid one of the following percentages on unused sick leave up to a maximum of 720 hours:

1. Employees hired prior to January 1, 2018:

Termination for cause

0%

Resignation

25%

Layoff

50%

Death

100%

Retirement

100%

Disability retirement

100%

2. Employees hired on or after January 1, 2018:

Termination for cause

0%

Resignation

25%

Layoff

25%

Death

100%

Retirement

100% for first 360 hours, 25% for up to an additional 360 hours

Disability retirement

100%

Temporary full-time or part-time employees are not entitled to any sick leave pay out upon separation. For the purposes of this section “retirement” shall mean when an employee separates employment with the intent to retire and at the time of separation the employee is age eligible to retire from the state retirement plan that they are enrolled/contributing to.

Employees who return to work within one year are entitled to restoration of their sick bank, less the amount paid out upon separation.

Employees who use all their accumulated sick leave and require more time off from work due to illness or injury may be eligible for state or federal protected leave or leave without pay. (See protected leave policy, SMC 2.100.625, and leave without pay policy, SMC 2.100.640.) (Ord. 2653 § 1, 2018; Ord. 2614 § 1 (part), 2017: Ord. 2595 § 1 (part), 2017)

2.100.625 Protected leave.

A. Protected Leave. The employer will provide employees with family and medical leave, pregnancy disability leave, military leave and other paid and unpaid leave required by state and federal law, including but not limited to:

1. Family and medical leave (29 U.S.C. 2601 et seq., and Chapter 49.78 RCW);

2. Family Care Act leave (RCW 49.12.265);

3. Pregnancy disability leave (Chapter 49.60 RCW);

4. Leave for victims of domestic violence, sexual assault and stalking (Chapter 49.76 RCW);

5. Leave for spouses of deployed military personnel (Chapter 49.77 RCW);

6. Leave for certain emergency services personnel (RCW 49.12.460).

Leave eligibility, benefits and requirements will be determined by applicable law and will be administered according to policies established by the mayor or city administrator.

B. Washington Paid Family and Medical Leave Law. Eligible employees are covered by Washington’s Family and Medical Leave Program, Chapter 50A.04 RCW. Eligibility for leave and benefits, which begins January 1, 2020, is established by Washington law. Premiums for benefits are established by law and for the period ending December 31, 2020, will total four-tenths of one percent of employees’ wages (unless otherwise limited by action of the state). Employees will pay through payroll deduction the full costs of the premiums associated with family leave benefits and 45 percent of the cost of the premiums associated with the medical leave benefits, as determined under RCW 50A.04.115. The city will pay the remaining premium amounts.

C. Protected Leave Use. Employees may choose to use any applicable protected leave, e.g., FMLA, WFLA, etc., consecutive to accrued leave; provided, that after the employee uses 960 hours of sick leave, and has exhausted other available accrued leaves (vacation, compensatory or holiday time), protected leave shall run concurrent with any remaining sick leave balance. (Ord. 2663 § 2, 2018: Ord. 2614 § 1 (part), 2017)

2.100.630 Management leave.

Management leave may be granted to employees at time of hire as approved by the city administrator or mayor. Management leave will have no cash-out value and will not be carried over at the end of the calendar year. In temporary positions of high function but limited duration, and with the approval of the city administrator or mayor, management leave may be offered as part of a compensation package.

The city recognizes that certain FLSA-exempt positions are required to work substantially in excess of the standard work schedule for the city on an ongoing, regular basis. The mayor or the city administrator has the authority to authorize additional management leave for these positions. (Ord. 2595 § 1 (part), 2017)

2.100.640 Leave without pay.

The mayor or city administrator may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. (Ord. 2595 § 1 (part), 2017)

2.100.645 Shared leave.

A regular full- or part-time employee may be eligible to receive shared leave if he/she is personally experiencing or caring for an immediate family member who has a serious health condition as defined by state and/or federal leave laws, and is unable to perform the essential functions of their position and has or is about to exhaust all of their accrued sick, vacation, management and compensatory leave(s) which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment.

The mayor or city administrator is authorized to develop and implement a shared leave policy to allow employees to donate leave to another employee. (Ord. 2595 § 1 (part), 2017)

2.100.650 Jury and witness leave.

Employees who are called to serve on a jury or appear as a subpoenaed witness in any established court shall be released from work to do so. During the period of such absence, the employee on jury duty will receive full salary. An employee who is a subpoenaed witness will receive full salary upon proof that the testimony given was on behalf of the city. However, any expense payments for jury service received by the employee must be endorsed or paid to the city. Employees who are absent from work for these purposes will retain seniority and all benefits.

The time away will not affect vacation or sick leave accruals. Employees who appear in court as the plaintiff or defendant in any action, wherein the city is not a party, shall not be paid for the time away from work unless that time is accrued vacation leave. (Ord. 2595 § 1 (part), 2017)

2.100.660 Administrative leave.

Administrative leave with or without pay may be used in the best interests of the city as determined by the mayor or city administrator during the pendency of an investigation or other administrative proceeding. (Ord. 2595 § 1 (part), 2017)

2.100.670 Bereavement leave.

Any regular employee who suffers a death in their immediate family shall be compensated for and given three workdays off with up to 24 hours straight-time pay, and if services are held out of state, five workdays off with up to 40 hours straight-time pay. “Immediate family” shall be defined as the employee’s spouse, child(ren), step child(ren), mother, father, siblings, mother-in-law, father-in-law, siblings-in-law, grandchildren, grandparents, grandparents-in-laws, step parents, aunt, and uncle or other relative who lives in the employee’s home. Employees who work an alternative work schedule shall be allowed to use vacation leave, sick leave or comp time for the additional hours not covered by bereavement leave. (Ord. 2595 § 1 (part), 2017)

2.100.680 Holidays.

The following are recognized as paid (eight-hour) holidays for all nonunion, regular full-time and part-time employees:

 

Holiday Name

Date Observed

New Year’s Day

January 1st

Martin Luther King Jr.’s Birthday

3rd Monday in January

President’s Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4th

Labor Day

1st Monday in September

Veteran’s Day

November 11th

Thanksgiving

4th Thursday in November

Day after Thanksgiving

Day after Thanksgiving

Christmas Eve

December 24th

Christmas Day

December 25th

Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday with the exception of Christmas Eve, which would be celebrated on the preceding Friday.

All regular employees are entitled to one floating holiday per calendar year. Each employee shall receive a floating holiday (eight hours), January 1st of each year. Employees starting after the first of the year shall receive a floating holiday upon hire. A part-time employee’s floating holiday will be prorated; temporary or seasonal workers are not eligible for a floating holiday. The floating holiday must be used by the end of the calendar year. Unused floating holiday time will be forfeited to the city. Upon separation the floating holiday shall not be paid out. (Ord. 2595 § 1 (part), 2017)

2.100.690 Religious holidays.

In accordance with state law, employees shall receive up to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. A partial day off shall count as a full day toward an employee’s yearly allotment of two days. State law provides for unpaid leave, and there is no provision for substituting paid time off. If the employee wishes to be compensated for the time off they shall follow the policies for using other accrued leave types. The mayor and city administrator shall adopt a policy outlining how an employee requests such leave and the approval process. (Ord. 2595 § 1 (part), 2017)