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HomeMy WebLinkAbout35-92 RESOLUTION NO. 35-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the City Personnel Policy and Procedures for city employees. WHEREAS, the City of Port Angeles desires to update and modify its policy affecting Higher Class Pay; and WHEREAS, the City of Port Angeles desires to formally adopt a policy regarding Family Leave; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The City of Port Angeles Personnel Policy and Procedures Manual is hereby amended by revising Section 5.09, Higher Class Pay and Assignment, and by adding a new Section 7.06, Family Leave, as set forth in the attached Exhibit "A". PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of September, 1992. Becky J~U~on; cltY-Cl~rk APPROVED AS TO FORM: Craig D~Knutson, City Attorney Exhibit A 7.06 FAMILY LEAVE Pursuant to Chapter 296-134 WAC, Family Leave, an employee is entitled to a leave of absence from his/her job to care for a newborn, newly adopted child, or a child under 18 years of age with a terminal health condition. Family leave to care for a newborn or recently adopted child must be completed within twelve (12) months after the birth or placement for adoption. Care for a child under 18 year of age who is terminally ill shall be allowed only once per child. Eligible employees for purposes of this Section means a regular full-time or regular part-time employee who works an average of 35 hours a week, or more, and has been continuously employed for at least 52 weeks prior to requesting such leave. Regular employees working less than 35 hours per week, temporary employees, part-time employees, or employees having any other employment status shall not be eligible for family leave. The duration of family leave shall not exceed twelve (12) work weeks during any twenty-four (24) month period. Request for family leave shall be made to the Department Head on the City of Port Angeles Leave of Absence Request form and shall be submitted at least thirty (30) days prior to the effective date of the requested family leave. An employee planning to take family leave shall provide his/her Department Head and immediate supervisor with written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature. 2. The mother is incapacitated due to birth so that she is unable to care for the child. 3. The employee takes custody of the newly adopted child at an unanticipated time and is unable to give thirty (30) days' advance notice. 4. The Department Head, employee's supervisor, and employee agree to notice of less than thirty (30) days. An employee should attempt to give at least fourteen (14) days' notice if leave to be taken pursuant to this section is foreseeable. Failure to give the required notice may result in the requested leave being reduced. 7.06 FAMILY LEAVE (Con't) Generally these will be limited to management positions and such a decision will be based on job-related needs. The twelve (12) weeks may include accrued paid vacation or sick leave if used for legitimate reasons as defined by the City's Sick Leave Policy or the appropriate labor contract. If vacation or sick leave is not utilized, the family leave shall be leave without pay. Family leave requests shall be made at the same time as all other requests for paid or unpaid leave related to the reason for a leave of absence. All requests for a leave of absence shall be coordinated with the Department Head for each specific incident and the request for leave shall specify the entire period of leave requested, including vacation, comp time, sick leave, family leave, maternity leave, or any other leave of absence. The city may request medical confirmation or verification of proof for family leave. If this is required, the Department Head shall provide written notice to the employee within five (5) working days of receipt of the employee's request for family leave. Requested information shall be provided to the Department Head within ten (10) working days thereafter unless the delay is the result of the employee's physician. Failure or the employee to provide the medical information or other information as needed for verification may result in denial of the employee's request for family leave. When both parents of a child are employed by the city, the leave available remains twelve (12) weeks for both parents combined and shall be coordinated with the affected Department Heads. Only one employee may take family leave at a time. Upon returning from family leave, the employee shall be placed in the same position, with the same pay and shift which the employee held when the leave commenced. If the employee's position no longer exists, or circumstances have changed where the employee's position no longer exists, then the employee shall be placed in a vacant position with equivalent pay and benefits, if such a position is available and the employee meets the minimum qualifications. Reinstatement to a position need not occur if (a) the employee's job was eliminated because of a lay-off or reorganization resulting from a lack of work or lack of 7.06 FAMILY LEAVE (Con't) funds; (b) the employee on family leave takes another job with another employer; or (c) the employee fails to return from family leave upon expiration of the leave period, as stated in the leave of absence request initially submitted to the Department Head. If the employee requesting family leave is covered under the City's health coverage, the employee is responsible for payment of premiums, as determined by the Risk Manager, while on unpaid family leave. 5.09 HIGHER CLASS PAY AND ASSIGNMENT (Excluding City Manager and Department Heads) The Department Head may assign an employee to work in a higher classification in the event of a position being temporarily vacant. Such assignment may be made if the position will be vacant for a minimum of one week or more. The premium pay shall be 5% on the employee's regular rate of pay. To qualify and be assigned higher class pay, the employee must be granted the responsibility and authority of the higher class, including making decisions within the normal scope of work. Assistant Department heads whose duties include acting as a Department Head, as noted in their job descriptions, are excluded from this policy. In the event a Department Head documents unusual circumstances for higher class assignment, such exceptions shall be submitted to the City Manager for variance to this policy.