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Home My WebLink AboutR-1411 - Amending the Marysville Personnel Code Chapter VII, Employee Benefits and Obligations, to add a new section entitled Shared Leave providing for the tr~._----------------------------------------- ..,. ", CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.1411 A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING THE MARYSVILLE PERSONNEL CODE CHAPTER VII,EMPLOYEE BENEFITS AND OBLIGATIONS,TO ADD A NEW SECTION ENTITLED SHARED LEAVE PROVIDING FOR THE TRANSFER OF VACATION LEAVE BETWEEN EMPLOYEES,ESTABLISHING THE CONDITIONS THEREFOR,AND PROVIDING THAT THIS RESOLUTION IS A PILOT PROGRAM WITH A ONE YEAR SUNSET PROVISION. WHEREAS,the city provides vacation leave to its employees as a vested right SUbject to payment (in part)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,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: Chapter VII of the Personnel Code of the city of Marysville is hereby amended by the addition of a new Section 34 SHARED LEAVE to read as follows: section 34.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 an extraordinary or severe illness,injury, impairment,or physical or mental condition 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 any fUll-time,non-temporary employee to receive shared leave if: Resolution - 1 \~.,J~"... - ------------------------------------- (1) The employee suffers 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 employ- ment 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 in good faith. (4)The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits,and has no disability benefits available at this time. (5)The use of shared leave will not signifi- cantly increase the City's costs,except for those costs which would otherwise be incurred in the admin- istration of this program or which would otherwise be incurred by the employee's department. 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 policy.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 Resolution - 2 ,. '.. ?~v..... 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 no significant increase in city costs will occur as a result of a donation 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.Shared leave time shall not be counted as hours worked for any probationary period,nor shall seniority,vacation time or sick leave be accrued while an employee is on shared leave time. (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. g.vacation leave shall be transferred on a dollar- for-dollar basis.The value of the leave shall be deter- mined at the current hourly wage of the transferror and the leave available to the receiving employee shall be calcu- lated at the receiving employee's wage. h.The Personnel Director 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 Finance 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 Resolution -3 ,.{..'''-~-", 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 Director shall monitor the use of shared leave to insure equivalent treatment for all employ- ees of the city.Inappropriate use or treatment 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 subject to review within one calendar year.The city,in its sole discretion,may cancel this program.Participation in the program shall be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate union bargaining represen- tative 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. ,M PASSED B~E CITY IJII)DAY OF r~ COUNCIL AND APPROVED BY THE MAYOR THIS ,1990. CITY OF MARYSVILLE Attest: Approved as to form: By ·*a·.-,..~• I .$F oJ City Arney Resolution - 4