Ordinance 27380006.130.016
WSS/klt
09/20/89
R:09/22/89 2738
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE EDMONDS CITY CODE CHAPTER 2.35
VACATION AND SICK LEAVE TO ADD A NEW SECTION
2.35.045 ENTITLED SHARED LEAVE PROVIDING FOR THE
TRANSFER OF VACATION LEAVE BETWEEN EMPLOYEES AND
ESTABLISHING THE CONDITIONS THEREFORE, PROVIDING
THAT THIS ORDINANCE IS A PILOT PROGRAM WITH A
ONE YEAR SUNSET PROVISION, ESTABLISHING AN
EMERGENCY CLAUSE AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City provides vacation leave to its
employees as a vested right subject to payment upon termination;
and
WHEREAS, the City Council finds it appropriate and in
the public interest to permit employees to share vacation leave
in carefully defined circumstances and to transfer such leave to
and for the benefit of employees who, without such transfers,
would be forced to terminate their employment or go without pay
in order to meet the needs of severe illness; and
WHEREAS, the City Council finds that an emergency
exists necessitating the immediate institution of a pilot program
to prevent an unnecessary hardship on its employees; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds City Code, Chapter 2.35
VACATION AND SICK LEAVE is hereby amended by the addition of a
new section 2.35.045 SHARED LEAVE to read as follows:
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 costs of
administering the program, to come to the aid of a
fellow City employee who is suffering from or has
an immediate family member suffering from an
extraordinary or severe illness, injury,
impairment, or 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.
B. A Department Director, with the Mayor's approval,
may permit an employee to receive shared leave
under this ordinance if:
1. The employee 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. 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. 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.
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C. The Department Director, with the concurrence with
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. An
employee shall not receive more than a total of 131
days 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 Director 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
ten (10) days of accrued vacation leave, have taken
at least ten (10) days of vacation leave within the
calendar year or have a total of accrued and used
vacation leave of greater than ten (10) days for
the calendar year. Transfers shall be in
increments of one day of leave. In no event shall
a transfer of leave be approved which would result
in an employee reducing his or her total vacation
leave in a calendar year to less than ten (10)
days. When reviewing police employees, the Police
Chief may also consider whether additional adequate
time off will be provided through compensatory
and/or holiday leave unique to the department. The
Department Director shall not transfer vacation
leave in excess of the amount specified in the
request. All donations of leave shall be
voluntary. The Department Director shall determine
that the no significant increase in City costs will
occur as a result of a donation of leave.
E. Leave may be transferred from employees) 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
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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 a dollar -
for -dollar basis. The value of the leave shall be
determined at the current hourly wage of the trans-
feror 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 the 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 adminis-
tratively 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 treat-
ment 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 of the City of Edmonds subject to review
within one calendar year. The City in its sole
discretion may cancel this program. Participation
WSS517520 -4-
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 that 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.
Section 2. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect
immediately upon passage by unanimous vote of the members of the
City Council.
APPROVED:
MAYO
ATTEST/AUTHENTICATED:
IT CLERK, J CQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 9/20,/89
PASSED BY THE CITY COUNCIL: 9_'
PUBLISHED: October 1, 1989
EFFECTIVE DATE: Sept. 26, 1989
ORDINANCE NO. 3
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVISH, ss
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY IF printed and published in the City of Everett, County of Snohomish,
SO38
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and State of Washington; that said newspaper is a newspaper
Edmands, Washlnntan gp p
on the Pith day of 50ptCer,
general circulation in said Count and State; that said newspaper
1464 tha City CaunCll 01 the he CEty g y
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Content of sold ordlnonce, p
Conslstlnp at fha title, praVldes
asAMNlIopRDINANCE of THE Court of Snohomish County and that the notice ........................................
CITY OF EDMONDS
WASHINGTON, AMENDING
Tile CITY TIDE
CHAPTER TER 2.35 VACATION
,..-.Summar.y...O.f---Ordi-nan3 c.e...No. 2 .8
P.35
AND SICK LEAVE'iO"Ai36�C
TEV7'SEC7T(M P.33.Oa5
ENTITLED SHARER LEAVE
PROVIDING"—F'DR--TFIl=
TRANSFER OF VACATION I................�..............._......_.._........_.._........
LEAVE BETWEEN EMPLOY-I...................•..•..•••••••�.••...•..•.
THIS ORDINANCE IS A PILOT ••••..•• ..............•.•••••.•••...... ..... W.—......
.......
PROGRAM W;TH A ONE .......................................
YEAR s NSET PROV$SIOAN4 a printed copy of which is hereunto attached, was published in said
ESTABLEMERGENCY CLAUSE AND
FIXING
TIME HEN THE newspaper proper and not in supplement form, in the regular and
SAME SHALLThe fuME
EFFCIITtext of this Ordinance entire edition of said paper on the following days and times, namely:
will be rnalled llppn I qu gt. I
DATED fhl$ Riift tIV of
September 1989.
JACQUELINE G. PARRETT
CIN Clerk October -1 1989
Pubfthad: October 1. 1999. t .......................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this.....2nd
day of.......Octohe/
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Noa'ry Public in and for'the State of Washington,
Yesid9`ng at Everett, Snohomish County.
B-2-1