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RES 75-03 EMPLOYEE ANNUAL AND SICK LEAVE AND HOLIDAYSRESOLUTION 75-3 A RESOLUTION ESTABLISHING CITY OF WINSLOW POLICY ON EMPLOY- MEI~T, ANNUAL LEAVE, SICK LEAVE, LEGAL HOLIDAYS AND UNIFORM RIGHTS FOR EMPLOYEES AS IN ORDINANCE 71-6 AND SETTING FORTH SCHEDULES FOR WORK PERIODS AND SALARY AND OVERTIME PROVI- SIONS IN COMPLIANCE WITH FAIR LABOR STANDARDS ACT. WHEREAS, the Fair Labor Standards Act has been amended to in- clude regulations for municipal employees and THAT pursuant to the Fair Labor Standards Act as it applies to municipal employees, the City Council does hereby establish an{~ amplify the City policy as it applies to all employees, BE IT RESOLVED by the City Council of the City of Winslow, Washington as follows: SECTION l: DEFINITIONS I~ applying the provisions of this Resolution, the following definitioDs shall be used: (]) A full time employee is one who is employed by the City thirty hours or more a week on a regular scheduled year-round basis. (2) A part time employee is one who is employed by z,~e City less titan thirty hours a week on a continuing basis in excess of six months per year. (3) A temporary employee is one who is employed by the City occasionally for any number of hours on a non-continuous and non-scheduled basis. (4) Exempt employees are those determined to be exempt from the overtime provisions of the FLSA law. They are employees who hold elective office, executive, administrative or pro- fessional positions and meeting qualifications as set forth in 29, C.F.R. 541, FLSA. (5) A workday is any day any particular employee would nor- mally be at work, during any period of time in question. (S) The department heads are the City Clerk, the V~intenance Superintendent, City Engineer and the Chief of Police. In leave approval considerations for these individuals, the Mayor shall be the department head. (7) A holiday is any day listed in Section 6A of this Resolution. (8) Leave (including any holiday) is an approved period of absence from work, during which time an employee's pay con- ~inuea at its regular rate, except where specifically disal- lowed or reduced by any provision of this Resolution. (9) Maximum accumulated leave is that amount of leave which can be carried over at the end of any calendar year. SECTION 2: ELIGIBILITY A. Full time employees shall receive the direct benefits of this Resolution. B. Part time employees shall receive the direct benefits of this Resolution except that vacation and sick leave shall be pro- rated on the basis of full time employment (2080 hours per year). C. Temporary employees shall not be eligible for the bene- fits of this Resolution. D. All new employees must complete six months of continuous emplo~nent to be entitled to the use of vacation or sick leave. SECTION 3: ADMINISTRATION Permanent records shall be maintained by the City Clerk's office for each employee in the service of the City of Winslow. The Clerk/Treasurer maintains a time record for each employee including the status of vacation time. Any employee may see his time record at any time during business hours upon request at the Clerk/Treasurer's office. Time Records: Each employee, including department heads, must report his time worked each week and the distribution of his time to the appropriate funds in the City's budget. The Clerk/ Treasurer supplies forms for these reports. Each department will prepare and submit weekly: a. Shift schedules to the records department b. A time sheet covering each work week, entering the actual daily starting and stopping times of work hours of each employee Each department head shall check the weekly time reports of his employees for accuracy and proper time charges against the budget funds. When he is satisfied with the accuracy of each time report he shall sign it, accepting responsibility for its accuracy, -2- and deliver it to the Clerk/Treasurer for record and payroll use. The Clerk/Treasurer will maintain a current list of budget ~_unds, each with its appropriate.BARS number. The list shall note which fund numbers each department shall use for time charges. Each time charge must be against a specific fund. The Clerk/ Treasurer will distribute copies of the list to each department for each employee in the department. Working Hours: Working hours are those spent in direct ser- vice for the City, dealing with the public, working on City prop- erty, in City facilities, or with City equipment. Hours spent by police officers in court will be counted as hours worked. Em- ployees who are scheduled for 'standby' or 'on call time' will be provided with a 'Bell Boy' or similar communications device. Em- ployees responding to emergency calls will count as hours worked, only tle actual time spent on making the call. Time spent in a City vehicle, which an employee drives to and from the City fa- cilities, is not work time. Standby time will not be counted as ~ours worked where the employee can follow his own pursuits even though he stays ready to respond to a City call. A 40-hour work week applies to the following employees: Clerk/Treasurer and Deputy Clerk/Treasurer Engineer Meter Reader/Traffic Control Officer Maintenance Personnel, including Foreman Police Officers, including Chief A 35-hour work week, 5 days at 7 working hours per day, applies to the following employees: Office Clerks Police/Court Clerk A tour of duty for police officers will be a 28-day work i~eriod during which the employee will be scheduled 160 hours, ~hereDy allowing an officer to work more than 40 hours in one ,~ork week but fewer hours in the following week. Mayor's author- ization must be obtained for all hours over the scheduled 40 ~ours pe~ week. ~ile the normal week for doing business with the public is Monday through Friday, the week for accounting purposes begins lust after midnight Saturday morning, and ends at midnight the ~'ollowimg Friday night. Each employee scheduled for 40-hour work week, who must work additional hours during the work week -3- s!~all !.,ke off equivalent time chi~'i:~ the same work week unless overtime is authorized. In any week having a holiday recognized by the City, the oper- ator(s) of the water and sewage systems and the police officers working regular shifts that day shall take equivalent time off t!~e san~e week, unless overtime is authorized. The Mayor (or in his absence the Deputy Mayor) has sole .'~uthority to approve overtime work for any employee. When a de- partme~t head foresees need for himself or any employee he directs to work more than 40 hours in one week, he shall call the Mayor, discuss the need, and ask for the Mayor's approval. In any emer- gency situation involving public health and safety a department .cad may authorize overtithe work, after which, within 12 hours, ~e shall report the circumstances to the Mayor, Pay: The salaries established by ordinance are based on the ~!ork weeks listed above and include pay for holidays and vacation time. Adjustments in pay for absence and overtime will be made ~or each permanent employee on an hourly rate equal to the annual ~alary divided i~y 2080 for 40-hour week employees and divided I:y' 1820 for 35-hour week employees. Temporary an,} part time employees normally are hired on ~our]y cates. All salaries are budgeted yearly by Ordinance and employees will be paid on the basis of a 28-day work period. A draw may be at~thorized by the ~iyor at the end of t.~ 2rid work week of each .~-day period. Payroll warrants will be issued on the Wednesday oilowing the end of each 28-day work period. An employee normally eligible for holiday pay will be paid or each holiday, provided he works the regular day preceding and ~.!~e regular ~ay following the holiday. Alternatively if the em- ployee ~otifies his department head in advance, he will be paid !or the holiday while taking of~~ the day before or the day after, or both, and taking time o~:f as vacation. When the Mayor authorizes overtime work, each such non-exempt ~.mployee, except police, shall be paid 1.5 times his hourly rate for overtime hours worked in excess of 40 hours per week. No com- pensation time will be allowed to non-exempt employees, for hours worked over 40 hours per week. -4- Those employees !~.,ho work a ~5-hour week (office clerks and police/ courh clerk) may be allowed adjusted time off for hours worked otter 32. ,~nd under LO in any week. Exempt employees may accumulate vacation credit for authorized overtime hours and employees scheduled for 35 hours per week may accumulate adjusted hours (between 35 and 40) not to exceed l0 workin&,~ days per year. They may take such accumulated time off at the discretion of the Mayor or Department Head and shall not interfere with the City's efficient operation. Police officers will be paid at ] .5 times the hourly rate for overtime hours in excess of 240 hours in the 28-day work period. Hours worked in excess of ]60 hours up to 240 hours in the 7',[~-day period will be paid at straight time rate. Alternatively. [;on~cs worked in excess of 160 may be credited toward vacation leave. not to exceed 80 hours per year. Such time shall be taken as leave at the discretion of the Mayor or Department Head and shall 'not interfere with the City's efficient operation. Leave Records: A. Leave records, except for the explicit time period de- fined in Section S of' i:. is Resolution, shall be on a calendar ea~: asis. ~. Depart::'~en: r.'eads shall prepare a leave c~art for them- ~el-.-e.~ .~r.~d employees of their respective departments; said charts ~-::.!!l e s'ubmitted to the Mayoar on or before the ]5th of January, ~ro y i.. L' Mayor' s review and approval. These department leave c.i,_..~z-cs shall reflect known and desired periods of leave for each i,.K'i?i,,;ual and shall be maintained by the department head. Tiie nxpendin~_ and recording of leave shall be in the fol- lo~,ir~4 minimum increments: Sick leave - one hour; Vacation and Ci~ il leave - four hours; Military leave - eigz:t hours (one day). D. Leave earned and leave expended (for entries made on the caart maintained 'by the City Clerk's office, and leave requested and ro~: entries made on charts maintained by department :-~eads) s.~al] e color-coded thnsly: Vacation-green; Sick-blue; Civil- red; tdilitary-black. SECTIOIq 4: VACATIOi'q LEAVE A. Vacation leave shall be earned at the following rates: -5- (]) One year through 4 years of service: 10 days per year (6.67 hours per month). (2) Five years through q years of service: 12 days per year (3) Ten years through 14 years of service: 15 days per year. (4) Fifteen years through 20 years of service: 20 days per year. B. Maximum accumulated vacation leave shall be 15 days, as '~ carry-over from preceding years. C. Any portion of unexpended vacation leave may be granted ~n employee at any time during the year, at the discretion of the ~mployee~s department ~ead. SECTION 5: SICK LEAVE A. Sick leave shall be earned at the rate of one day per month. Maximum accumulated sick leave shall be sixty days. C. Sick leave shall apply to absences from work due to: <]) Incapacitation preventing the performance of regu- larly assigned duties, as the result of illness or injury. <2) Exposure to a contagious disease, where on-the-job presence of the employee would jeopardize the health of others. <']) Medical dental or optical treatment or examination. D. The employee's department head or the City Clerk's office, iD that order, shall be notified at the earliest practical time dur- ~_ng the employeels regular working hours, of any sick leave situation ~tner than medical, dental or optical appointments. Sick leave re- quests for such appointments shall be submitted in advance. E. At the discEetion of the department head, a doctor's cer- tificate shall be snbmitted for any sick leave claimed in excess of h~ree days. SECTION 6: HOLIDAYS A. The following days shall De observed as holidays: (!) New Year's Day (2) Washington's Birt;~day (3) Memorial Day (4) Independence Day (5) Labor Day (6) Veterans' Day (7) Thanksgiving Day (8) Christmas Day (Above n,': enumerated in RCW 1.16.050) -6- Bo If any holiday falls on a Saturday or Sunday, the pre- ceding Friday or following Monday, respectively, shall be ob- served as the holiday. C. A department head shall have the right and the authority to require one or more of the employees of that department to work on a holiday. In such event, the employees so working shall have the next succeeding workday as a holiday. D. Holidays 6ccurring during an employee's absence on leave shall not be considered as part of the leave expended. SECTION 7: CIVIL LEAVE A. Civil leave shall be allowed by the head of the depart- ment to permit any employee to serve as a member of a jury, or to appear as a witness before a court or grand jury. B. Any compensation received by an employee for the per- formance of such civil duties during the employee's working day, less cost for mileage and other allowed expenses, shall be made payable to the City of Winslow (or deducted from the employee's salary). SECTION 8: MILITARY LEAVE A. A maximum of l0 working days, during any period of 12 consecutive months, shall be allowed any employee who is a member of any duly established National Guard or reserve corps unit, for the purpose of complying with state or federally imposed re- quirements of muster. B. Continuation of an employee's pay by the City during any period of allowed military leave shall be contingent upon: (1) Reduction by amount of base pay received, and (2) Proof of the amount of base pay received, and of such service rendered~ which shall be made in such manner and upon such certificate as the State Auditor of the State of Washington shall require. SECTION 9: LEAVE WITHOUT PAY A. Absences from work in circumstances not provided for elsewhere in this resolution shall wherever possible receive the prior approval of the employee's department bead. Any such con- tentplated absence in excess of three days shall require the prior approval of the Mayor. B. In no case shall a request for leave without pay be ap- proved where a balance of earned vacation remains to the employee's credit. ,,: AI:)\'A~(2~i':~' OF7~E~VE SECTION 10: ADVANCEMENT OF LEAVE A. Requests for advancement of sick leave shall be sub- mitted to the department head, who shall make a recommendation to the Mayor and City Council for their approval or disapproval. B. At the discretion of the Mayor, an employee may be granted an advance of vacation leave, not to exceed a total of five (5) days, in any one calendar year. C. An employee's earned sick leave shall be applied first to redeem any advanced sick leave approved. SECTION 11: MOONLIGHTING The City does not object to any employee moonlighting pro- vided each of the following conditions is met. 1. The moonlight job is legal in fact and in appearance. 2. The moonlight job is not a job the employee should be doing for the City. 3. The moonlight job does not compete with any City function. 4. The employee is able to perform his City job efficiently without being adversely affected by his moonlight job. 5. The fact that a City employee is doing the moonlight job must not give the appearance of City of Winslow participation, ap- proval, or any other responsibility with respect to outcome or performance. 6. The employee does not use any City property, equipment, tools, and the like on any moonlight job. 7. The employee and his moonlight employer hold the City of Winslow harmless against any and all claims for injury to the em- ployee, the moonlight employer, and any third parties, and for property damage resulting from or in consequence of the moonlight job. City funded health and accident insurance will not cover any employee on a moonlight job. 8. The employee does not claim any vacation credit, holiday, or overtime pay from the City for moonlight work. 9. The employee notifies the City in writing and in advance of doing each moonlight lob what the job is, and that all condi- tions above are met. SECTION 12: SHIFT TRADING Employees ~particularly police officers at this time) may wish to trade shifts where one person works his shift plustthe one preceding or following for another who takes the day off, and the process is reciprocated on another day. The City does not ob- -8- ject to this practice provided each of the following conditions is met in each instance. 1. The employees involved must ask and get the department head's approval at least 24 hours in advance, for per- mission to trade shifts. All circumstances of the trade must be known to the department head (and the Mayor if t~e department head is a party in the trade). 2. The shifts traded must occur in the 28-day work period. 3. Each employee involved in a shift trade must explain the trade on his own time report and sign a statement that he waives any claim to overtime pay for day he works two shifts. The employees trading shifts must sign each other's time report confirming the shift trade explanation. 4. Any shift trade must not ereattaChe need for anyone to work overtime. 5. If an employee has not returned hours of work due to any shift trade, those hours due will be deducted from the last pay period upon termination. SECTION 13: TERMINATION - Dismissal The City can dismiss any employee for cause. In dismissing a permanent employee, the City must give not less than 2 weeks notice or if the dismissal is to be immediate, the City will pay the employee for 2 weeks straight time. Upon dismissal, the City will pay the employee for accrued vacation time. In dismissing a temporary or probationary employee, the City must give at least 4 hours notice, and the City will pay the employee through his last day worked. TERMINATION - Voluntary When a permanent employee resigns or retires, he shall give the City at least 2 weeks' notice. The City will pay the employee through the last day worked plus accrued vacation time. When a temporary or probationary employee resigns, he must give the City at least 4 hours' notice and the City will pay the employee through his last day worked. SECTION 14: VIOLATIONS AND PENALTIES A. Any employee who abuses any category of this Resolution shall, after due evaluation, by the Mayor and City Council, be subject to one of the following disciplinary actions: (1) For the first act contrary to the provisions and -9- restrictions of this Resolution: suspension of employment with the City of Winslow, without pay, for a period of up to 10 working days. (2) For a second or successive act contrary to the pro- visions and restrictions of this Resolution: termination of employment with the City of Winslow, and loss of accrued i~e~efits as provided for in Section 13 of this Resolution. (3) Policy for police officers as appears in this Resolution, reflects the City's negotiated regulations for the Police Department, which were initially considered at a personnel meeting ~anuary 10, 1975, held by Mayor Vibrans and Council- ma~ Lundgren with all police personnel. The policy ~.s it relates to the Police Deaprtment is hereby ~nade retroactive to that date. PASSED BY the Conncil of the City of Winslow, Washington and approved by its Mayor this 7th day of April, 1975. ATTEST: -- MAYOR -!0-