Chapter 1.13
LEAVES OF ABSENCE

Sections:

1.13.010    Definitions.

1.13.020    Leaves not granted for purpose of personal profits.

1.13.030    Unauthorized absence – Grounds for dismissal.

1.13.040    Additional leave.

1.13.050    Penalty for falsification or misrepresentation.

1.13.060    Effect of collective bargaining agreements.

1.13.070    Other employment prohibited.

1.13.080    Life insurance – Employee life insurance benefit.

1.13.090    Annual leave – Computation.

1.13.100    Annual leave – Cancellation of credits on separation after less than six months’ employment.

1.13.110    Annual leave – First and last months of employment.

1.13.120    Annual leave – Termination of service after more than six months’ employment.

1.13.130    Annual leave – When taken.

1.13.140    Annual leave – Total which can be accumulated.

1.13.150    Annual leave – Approval of department head.

1.13.160    Annual leave – Additional.

1.13.170    Annual leave – Effect of authorized leave of absence without pay.

1.13.180    Sick leave – Computation.

1.13.190    Sick leave – First month of employment.

1.13.200    Sick leave – Restoration and extension.

1.13.210    Sick leave – Reasons for taking.

1.13.220    Sick leave – Reports and request for approval.

1.13.230    Annual and sick leave – Charging.

1.13.240    Sick leave – Optional use of annual leave.

1.13.250    Sick leave – Effect of industrial insurance payments.

1.13.260    Sick leave – Doctor’s certificate.

1.13.270    Military leave.

1.13.280    Leave to perform civil duties.

1.13.290    Holidays.

1.13.010 Definitions.

In construing the provisions of this chapter, the following definitions shall apply:

“Availability of leave” means only full-time employees, as defined herein, shall be entitled to receive annual leave, sick leave or paid holidays.

A “full-time employee” means any person employed by the city of Wenatchee who devotes his/her full time to his/her job during working hours, on a year-round basis.

A “part-time employee” means any person employed by the city of Wenatchee who devotes only part of his/her time during working hours to the services of the city, or who spends full time during working hours for the city, but is hired on the basis of less than year-round employment.

“Shift” means a 24-hour work day and refers to those employees in the fire department whose working days consist of a 24-hour shift.

“Annual leave” means vacation time earned.

“Working day” means an eight-hour work day in which the employee is regularly employed. (Ord. 2948 § 1, 1992)

1.13.020 Leaves not granted for purpose of personal profits.

No leave without pay will be granted an employee for the purpose of the employee gaining personal profit. (Ord. 2948 § 7A, 1992)

1.13.030 Unauthorized absence – Grounds for dismissal.

Unauthorized absence from duty for three consecutive working days, or one shift, shall constitute grounds for dismissal upon recommendation of the department head to the city commission. (Ord. 2948 § 7B, 1992)

1.13.040 Additional leave.

The city commission, upon recommendation of the department head, or at their discretion, may in case of emergency or undue hardship grant additional leave. (Ord. 2948 § 7C, 1992)

1.13.050 Penalty for falsification or misrepresentation.

Any employee found to have abused any provisions of this chapter by falsification or misrepresentation may thereupon be subject to dismissal at the discretion of the city commission. (Ord. 2948 § 7D, 1992)

1.13.060 Effect of collective bargaining agreements.

Should there be a conflict between the provisions of this chapter and the terms of any collective bargaining agreement wherein employees of the city of Wenatchee are represented, the terms of said collective bargaining agreement shall supersede any and all conflicting provisions of this chapter. (Ord. 2948 § 7E, 1992)

1.13.070 Other employment prohibited.

No employee while on sick leave may be gainfully employed by another employer performing the same or substantially the same essential job functions. (Ord. 2948 § 7F, 1992)

1.13.080 Life insurance – Employee life insurance benefit.

A life insurance benefit will be provided to all full-time employees in the amount of $20,000. The benefits accruing under this section shall be paid out only upon the death of an employee in good standing and in accordance with any contractual provisions which the city may be party to in the provision of this benefit. The payee shall be a designee of the employee and shall remain on file with the personnel office and any “insurance provider” which may be under contract with the city. (Ord. 2948 § 7G, 1992)

1.13.090 Annual leave – Computation.

Annual leave is earned by an employee of the city of Wenatchee at the rate of 10 hours for each month of completed service. Annual leave is not available to the employee until he/she has completed six months of employment. Annual leave shall be computed on a monthly basis; provided that, pursuant to WCC 1.13.160, when the rate of accrual of annual leave is to increase, such increase will occur in the month following the date in which that employee completes the required time in service which qualifies the employee for the increased annual leave. A reemployed employee shall be considered a new employee and must also have six months of continuous employment before being entitled to take annual leave. (Ord. 2948 § 2A, 1992)

1.13.100 Annual leave – Cancellation of credits on separation after less than six months’ employment.

Leave credits accumulated are cancelled automatically on separation after periods of service of less than six continuous months. (Ord. 2948 § 2B, 1992)

1.13.110 Annual leave – First and last months of employment.

Employees earn a day of annual leave for their first month of employment if they are placed on payroll on or before the fifteenth of the month and actually work continuously through the rest of that month. Terminating employees do not receive annual leave credit for the month in which they terminate unless they actually work continuously through the fifteenth of that month. (Ord. 2948 § 2C, 1992)

1.13.120 Annual leave – Termination of service after more than six months’ employment.

All accumulated annual leave is allowed when an employee of more than six months’ employment leaves the employment of the city of Wenatchee for any reason. In case of death, all accumulated annual leave is paid to the estate of the employee. All payments as terminal leave or the unused annual leave are based on the employee’s salary at the time of separation or death; provided, however, that upon such termination of employment annual leave shall not exceed payment for more than 30 days, except in the case of death. (Ord. 2948 § 2D, 1992)

1.13.130 Annual leave – When taken.

Any portion or all of the annual leave earned prior to but not including the current calendar month is available for use by the employee subject to WCC 1.13.140 and 1.13.150. (Ord. 2948 § 2E, 1992)

1.13.140 Annual leave – Total which can be accumulated.

Annual leave may be accumulated to a total above 50 working days during the calendar year. However, at the end of any calendar year, any annual leave balance above 50 working days shall lapse; that is, an employee at the beginning of any calendar year shall have no more than 50 working days of annual leave due. (Ord. 2948 § 2F, 1992)

1.13.150 Annual leave – Approval of department head.

All annual leave must be cleared and programmed with the department head before it can be taken. (Ord. 2948 § 2G, 1992)

1.13.160 Annual leave – Additional.

(1) Five or More Years of Employment. Annual leave with pay shall be accumulated by each permanent employee who has completed four years of continuous service at the rate of 12 hours for each month of completed service. This will amount to 18 working days per year. Eighteen working days shall be interpreted under the five-day work week as three work weeks plus three work days.

(2) Ten or More Years of Employment. Annual leave with pay shall be accumulated by each permanent employee who has completed nine years of continuous service at the rate of 14 hours for each month of completed service. This will amount to 21 working days per year. Twenty-one working days will be interpreted under the five-day work week as four work weeks plus one work day.

(3) Fourteen or More Years of Employment. Annual leave with pay shall be accumulated by each permanent employee who has completed 14 years of continuous service at the rate of 15 hours for each month of completed service. This will amount to 22-1/2 working days per year. Twenty-two and one-half working days shall be interpreted under the five-day work week as four work weeks plus two and one-half work days.

(4) Twenty or More Years of Employment. Annual leave with pay shall be accumulated by each permanent employee who has completed 20 years of continuous service at the rate of 17 hours for each month of completed service. This will amount to 25-1/2 working days per year. Twenty-five and one-half working days shall be interpreted under the five-day work week as five work weeks plus one-half work day. (Ord. 2948 § 2H – K, 1992)

1.13.170 Annual leave – Effect of authorized leave of absence without pay.

“Authorized leave of absence without pay” shall not interrupt prior or continuous service. However, the employee shall not be credited with annual leave days or shifts during any month if said employee is absent more than 15 calendar days on authorized leave without pay during such month. (Ord. 2948 § 2L, 1992)

1.13.180 Sick leave – Computation.

Sick leave is granted at the rate of one working day for each completed month of service. Employees, after five years of continuous service, shall be compensated in the form of cash or payment of medical premiums (at the employee’s choice) for 25 percent of all accumulated unused sick leave up to a maximum of 120 days accrual (30 days’ pay equivalent) when they are permanently separated from employment as a result of voluntary resignation, discharge (except discharge for cause), retirement or death. In the event of death, payment is made to the employee’s estate. (Ord. 2948 § 3A, 1992)

1.13.190 Sick leave – First month of employment.

Employees earn a day of sick leave for their first month of employment if they were placed on payroll on or before the fifteenth of the month and actually worked continuously through the rest of that month. (Ord. 2948 § 3B, 1992)

1.13.200 Sick leave – Restoration and extension.

All accumulated sick leave may, at the option of the employer, be restored when a previously separated employee is reemployed. Sick leave may be extended by the appointing power after all accumulated sick leave is liquidated when an employee is injured in line of duty (except when covered by industrial insurance or firemen’s pension and policeman’s pension) or contracts a contagious or infectious disease through exposure to such disease in line of duty. (Ord. 2948 § 3C, 1992)

1.13.210 Sick leave – Reasons for taking.

Sick leave may be taken for any of the following reasons:

(1) Illness or injury which incapacitates the employee to the extent that he/she is unable to perform his/her work;

(2) Exposure to contagious disease such as would jeopardize the health of the fellow workers or the public;

(3) Doctor or dental appointments;

(4) Illness or death in the immediate family requiring the attendance of the employee (funerals are included). Leave for such reason shall be limited to five days or one shift in any one instance. “Immediate family” includes only persons related by blood or marriage or legal adoption in the degree of close relationship of wife, husband, parent, grandparent, brother, sister, child, or grandchild, of the employee, but not aunt, uncle, cousin, niece or nephew, unless living in the employee’s household. The department head shall in each case approve by written memorandum any sick leave requested under this section before said sick leave shall be granted. (Ord. 2948 § 3D, 1992)

1.13.220 Sick leave – Reports and request for approval.

Sickness shall be reported at the beginning of any period of illness to the immediate supervisor, and, within three days after returning to work, the employee shall give a written statement explaining the nature of his sickness and submit a formal request for approval of leave so taken, which request, when approved by the department head, shall be filed in the personnel file in the city clerk’s office. (Ord. 2948 § 3E, 1992)

1.13.230 Annual and sick leave – Charging.

Annual or sick leave is charged in units of half days or shifts, or full days or shifts. Only working days or shifts are charged, and at the rate of one day or shift of leave for each day or shift of absence. (Ord. 2948 § 3F, 1992)

1.13.240 Sick leave – Optional use of annual leave.

At the employee’s option, annual leave may be used as sick leave, but sick leave may not be used as annual leave. (Ord. 2948 § 3G, 1992)

1.13.250 Sick leave – Effect of industrial insurance payments.

An employee receiving industrial insurance time loss payments can use either annual leave or sick leave during the period covered, but must not be allowed sick leave while receiving such compensation. (Ord. 2948 § 3H, 1992)

1.13.260 Sick leave – Doctor’s certificate.

A doctor’s certification of illness shall, on request, be submitted by the employee, at the time the employee returns to work, when he is absent because of illness or injury. Unless the certificate states the absence was necessary because of reasons set forth in WCC 1.13.210(1), (2) and (3), said sick leave shall not be allowed. (Ord. 2948 § 3I, 1992)

1.13.270 Military leave.

(1) Fifteen Days Each Year. Any employee who is a member of the National Guard or Reserves of the United States, and who is ordered to active military duty for training purposes, shall be granted military leave of absence with pay for a period not to exceed 15 calendar days during each calendar year. Any working days or shifts taken beyond 15 calendar days must be charged as annual leave. During the time he is on such leave the employee shall receive his regular pay, plus the amount of his military pay.

(2) Reemployment after Active Duty. Regardless of his status, any employee who voluntarily, or upon demand, leaves a position other than temporary to enter upon active duty in the armed forces of the United States, or the Washington National Guard, shall be placed on military leave without pay and shall be entitled to be restored to his/her former position, or one of like seniority, status and pay, provided he/she applies for reemployment within 90 days of his/her discharge or separation, and presents proof of honorable discharge or separation. (Ord. 2948 § 4, 1992)

1.13.280 Leave to perform civil duties.

Any necessary leave may be allowed by the head of the department to permit any employee to serve as a member of the jury, or to exercise his/her other civil duties. Each employee who is granted such leave, and who, for the performance of the civil duties involved, received any compensation, shall be paid by the city for the time he/she is absent only in the amount of excess of his/her regular salary over the compensation so received. Such leave shall not be charged against the employee’s annual leave. (Ord. 2948 § 5, 1992)

1.13.290 Holidays.

(1) The following paid holidays for permanent and regular part-time employees shall be observed by all departments other than shift workers:

New Year’s Day;

Martin Luther King, Jr. Day (third Monday of January);

Washington’s Birthday (third Monday of February);

Memorial Day (last Monday of May);

Fourth of July;

Labor Day (first Monday in September);

Veteran’s Day (November 11);

Thanksgiving Day (fourth Thursday in November);

Day after Thanksgiving;

Christmas Day;

One floating holiday mutually agreed to in advance by employer and employee.

When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed.

(2) Shift Workers. For shift workers, holidays falling during sick leave or annual leave shall constitute a sick leave or annual leave day. Four shifts off with pay shall be given annually in lieu of authorized holidays, which are not observed by shift workers. Time off leave shall be given at the discretion of the department.

(3) During Sick Leave or Annual Leave. For all other employees, holidays falling during sick leave or annual leave shall not constitute a sick leave or annual leave day. (Ord. 3162, 1996; Ord. 2948 § 6, 1992)