Ordinance 34120006.90000
WSS /gjz
7/17/02
ORDINANCE NO. 3412
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
SECTION 2.35.045 SHARED LEAVE IN ORDER TO PROVIDE
FOR A LIMITED EXPANSION OF THE PROGRAM, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds has established a shared leave program in order
to provide for the transfer of accrued vacation leave benefits from one employee to another who
has suffered a catastrophic illness and has exhausted his or her leave benefits; and
WHEREAS, the City Council believes it to be in the public interest, and the best
interests of its employees, to expand the program to permit the use and transfer of sick leave
from one employee to another for a catastrophic illness and to permit the transfer of vacation for
less serious illnesses, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Section 2.35.045 Shared Leave is hereby
amended to read as follows:
Section 2.35.045 Shared leave.
A. Intent. The purpose of shared leave is to permit city
employees, at no additional employee cost to the city other than the
administrative cost of administering the program, to come to the
aid of a fellow employee who is suffering from or has an
immediate family member suffering from illness, injury,
impairment, physical or mental conditions which has caused, or is
likely to cause, the employee to take leave without pay or to
terminate his or her employment. "Immediate family" is defined
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as spouse, son, daughter, mother, father, and in -laws of the same
degree. The Personnel Director may, but has no obligation, to
approve recognition of other, significant relationships similar in
nature to that of the immediate family, if the needs of the City
permit. In addition to these purposes, the shared leave program
may be used by employees who have been involuntarily called to
military service.
B. A department director, with the mayor's approval, may
permit an employee to receive shared leave under this section if-
1 . The employee suffers, or has an immediate family member
suffering from an illness, injury, impairment or physical or mental
condition, which has caused, or is likely to cause, the employee to
go on leave without pay or to terminate his or her employment
with the city. In addition, the shared leave program may be
utilized by an employee who has been involuntarily called to active
duty in the Washington National Guard or in the Army, Navy, Air
Force, Coast Guard or Marine Corps of the United States. An
employee seeking to utilize the shared leave program due to an
involuntary call to military service need not establish compliance
with subsections (B)(2) through (4) of this section.
2. 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 a request to use of shared leave, the employee has
abided by the sick leave policy.
4. The employee has diligently pursued and is found to be
ineligible for state industrial insurance benefits or such benefits
have been exhausted.
5. 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 and which would otherwise be
incurred by the employee's department.
C. The department director, with the concurrence of the
mayor, shall determine the amount of shared leave, if any, which
an employee may receive under this ordinance. The employee
shall be required. to provide appropriate 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. Shared leave shall be limited to no more than a
maximum of six (6) continuous calendar months or six (6) months
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total in any five (5) year period and cannot be used to extend the
absence of the employee beyond the post -leave time prescribed by
State Statute, the applicable labor agreement, or city policy.
D. Shared leave shall be funded through voluntary transfers of
accrued vacation and/or sick leave from other city employees to
the employee approved for a shared leave. Both vacation and sick
leave can be donated for a shared leave request, which has been
approved due to an extraordinary /catastrophic type illness or
injury. For this type of request, all donated vacation must be used
prior to any use of donated sick leave. For illnesses and injuries,
which are non - catastrophic in nature, only vacation leave can be
donated and used. Sick leave donations are not allowed for this
type of request. Co- workers who donate leave must retain a
reasonable amount of accrued vacation and sick leave to protect
them from a wage loss due to illness or injury and to enjoy a
reasonable vacation period. When reviewing police employees,
the police chief may consider holiday and compensatory time for
purposes of approving shared leave requests and donations of leave
time. Department Directors shall not transfer any leave time in
excess of the amount specified in the request. All donations shall
be voluntary. The department director shall determine that no
significant increase in city costs will occur as a result of the
transfer of leave.
E. Leave may be transferred from employee(s) from one
department to an employee of the same department, or, with the
concurrence of both department directors, 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.
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G. Leave shall be transferred on a dollar- for - dollar basis. The
value of the leave shall be determined at the current hourly wage of
the transferor and the leave available to the receiving employee
shall be calculated at the receiving employee's wage.
H. The personnel department shall be responsible for
computing values of donated leave and shared leave, and shall also
be responsible for adjusting the accrued leave balances to show the
transferred leave. The administrative services director shall
determine the appropriate fund transfers and budget amendments
as needed for city council action. Records of all leave time
transferred shall be maintained in the event any unused time is
returned at a later date.
I. The value of any leave transferred which remains unused
shall be returned at its original value to the employee or employees
who donated the leave. The department director shall determine
when shared leave is no longer needed. To the extent
administratively feasible, the unused leave shall be returned on a
pro -rata basis.
J. The personnel department shall monitor the use of shared
leave to insure equivalent treatment for all employees of the city.
Inappropriate use or treatment of the shared leave provision may
result in cancellation of the donated leave or use of shared leave.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
I• "I
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M OR G Y HAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
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OFFICE OF THE CITY ATTORNEY:
BY ST 3e-
W. Scott Snyder
FILED WITH THE CITY CLERK: 07/19/2002
PASSED BY THE CITY COUNCIL: 07/23/2002
PUBLISHED: 07/28/2002
EFFECTIVE DATE: 08/02/2002
ORDINANCE NO. 3412
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SUMMARY OF ORDINANCE NO. 3412
of the City of Edmonds, Washington
On the 23rd day of July, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3412. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF ECC SECTION 2.35.045 SHARED LEAVE IN ORDER TO PROVIDE FOR
A LIMITED EXPANSION OF THE PROGRAM, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 25th day of July, 2002.
,z 64.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH.
$F�RDINANCE NO. 3412
Of the city of Edmonds, Washington
On the 23rd day of July, 2002, the City Council of the
City of Edmonds, passed Ordinance No. 3412. A
"summary of the content of said ordinance, consisting of
the title provides as follows:
AN OhOINANCE --OF THE . CITY OF EDMONDS,
WASHINGTON, AMENDING THE_. PROVISIONS OF ECC
SECTION 2.35.045 IN ORDER TO
PROVIDE FOR A LIMITED EXPANSION OF THE
PROGRAM, AND FIXING A TIME WHEN THE SAME
- SHALL- .BECOME EFFECTIVE. '
- •The full text -of, this, Ordinarce w41I be mailed upon
reqDuest.
ATED this 25th day of July, 2002...
CITY CLERK, SANDRA S. CHASE
Published: July 28, 2002:
S&
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance 43412
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City of Edmonds
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
July 28, 2002
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and that said newspaper was regularly distributed to its subscribers
during 11 Wsamidper' d. .......
...............
Principal Clerk
29th
Subscribed and sworn to be me this ............................
da ofa(� ...... Jul.. .........
... ....... Notary Pu in and f.
residing at Everett, n
..................... 20._02
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