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Ord 90-024 0072.130.006 WSS/rln/klt 01/17/90 R:Ol/25/90 ORDINANCE NO. 90-24 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING LEAVE PROVISIONS FOR ITS EMPLOYEES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the establishment of leave benefits has a budgetary impact and as such is a reserved prerogative of the City Council of the City of Federal Way, and WHEREAS, the City Council wishes to establ ish certain benefit levels, reserving to the city Council the right, limited only as expressly provided by state statute, to amend such leave provisions from time to time as it deems, now, therefore THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation Leave. Vacation leave is hereby established for the mutual benefit of the employer and the employee. The purpose of vacation leave is to provide, employees with adequate time away from work and to provide the City with a well-rested and efficient employee. 1.1 Accrual Rates. Full-time employees shall accrue vacation at the following rates: 1.1.1 Initial hire through completion of second year of employment--6.66 hours per month. 1.l.2 After two years of employment fifth complete year of continuous employment--8 hours 1.1.3 After five full years of through the per month. continuous employment--10 hours per month. 1.1.4 Part-time employees shall accrue vacation leave on a pro rated basis in the same percentage as the WSS520l50 -1- COpy employee's average weekly scheduled hours relate to a forty hour week. 1.2 Maximum Accrual. Employees' vacation accrual shall be limited to a total of forty (40) hours plus carry-over from the immediate past year. When the employees reach the accrual maximum, they shall either take vacation time or accrual amounts in excess of the maximum shall be lost to them, without compensation. 1.3 Vacation Use. No vacation may be used during an employee's first six (6) months of employment. Section 2. Holidavs. Ten (10) holidays are hereby established, such holidays to be: New Years Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. These holidays are established on the dates set by state law, provided, however, that the City council reserves the right to amend its holidays as provided for by said law. section 3. sick Leave. sick leave is hereby established to be used in cases of sickness or disability which require an employee to be absent from work. sick leave may be used for the care of a dependent child as provided for by state law in Washington Administrative Code Chapter 296-130 and for the care, treatment and preventative health care of immediate family members and dependents. It may also be used for medical treatment and preventative health care visits. sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is guaranteed by the City. In the event that excessive absenteeism or tardiness interferes with an employee's orderly provision of cost-efficient services to the City of Federal Way, employees may be terminated if reasonable accommodations for disability cannot be made. 3.1 Accrual. sick leave shall be accrued by full-time employees at the rate of 8 hours per month. Part-time employees shall accrue sick leave on a pro rated basis in the same WSS520150 -2- percentage as the employee's average weekly scheduled hours relate to a forty hour week. No employee may accrue more than 720 total hours. When this maximum is reached, an employee shall no longer accrue sick leave. 3.2 Bonus Day. Employees who, during their initial year of employment or during any calendar year, do not use sick leave will receive one bonus day of vacation. Section 4. Miscellaneous Leave Provisions. following types of leave are hereby established: 4.1 Funeral Leave. An employee may take up to three days per calendar year of funeral leave for a death in the employee's immediate family. Immediate family shall consist of the employee's spouse, parents, and children. On City Manager authorization, an additional seven (7) days of sick leave may be utilized in these situations. An employee may apply to the City Manager for the use of sick leave, not to exceed four (4) hours, to attend the funeral of close friends or other relatives. 4.2 Militarv Leave. Members of the Washington National Guard or any reserve unit of the united states Armed Forces are entitled to leave with pay for a period of fifteen (15) days. 4.3 Jurv Duty. The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels. Regular employees will be provided leave with pay to participate as jurors; provided, however, that compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the city. 4.4 Maternity Leave. Following the first full year of employment, an employee shall be guaranteed twelve (12) weeks of leave without pay to attend to the needs of a newborn or adopted child. Where both the husband and wife are employed by the City, the limitations provided by WAC Chapter 296-l34 shall apply. The The WSS520150 -3- limitations of that chapter shall also govern return to work notice and other technical issues. An employee may utilize accrued vacation leave, and, where appropriate, sick leave, during his/her leave to provide compensation. Leaves without pay and in excess of 12 weeks and up to six (6) months shall be reviewed at the discretion of the City Manager. Section 5. The City Manager is authorized to establish personnel policies relating to the day-to-day administration of these benefits to assist the City Manager in the direction of the work force. In the event of conflict between the personnel pol icies and any ordinance or contract approved by the Council and establishing a benefit, said ordinance or contract shall control. Section 6. This ordinance shall be effective as of the date of incorporation which is more than five (5) days after publication of an approved summary consisting of the title to this ordinance. PASSED by the City Council of the City of Federal Way 13th day of February, 199Q... this CITY OF FEDERAL WAY @,¡k . ~ MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: 4bN,P d. f2¡ / A ~ éITY CLERK, DELORÉ . MEAD WSS520150 -4- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: , ,".', BY 1;#' ò. tJJ~ FILED WITH THE CITY CLERK: January 31, 1990 PASSED BY THE CITY COUNCIL: February 13, 1990 PUBLISHED: February 16, 1990 EFFECTIVE DATE: Date of incorporation ORDINANCE NO. 90-24 WSS520l50 -5-