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472 Shared LeaveCITY OF YELM ORDINANCE NO. 472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YELM ESTABLISHING A LEAVE SHARING PROGRAM AND PROVIDING RULES AND REGULATIONS FOR SHARED LEAVE BETWEEN CITY EMPLOYEES. WHEREAS, public employees historically have joined together to help their fellow employees who may suffer from, or have relatives or household members suffering from, an extraordinary or severe illness, injury, impairment, or physical or mental condition which prevents such fellow employee from working and causes great economic and emotional distress to the employee and the employee's family; WHEREAS, The City Council for the City of Yelm, Washington, finds it appropriate and in the public interest to permit City employees to share sick leave and vacation leave in carefully defined circumstances with employees who, in the absence of a leave sharing program, would be forced to take leave without pay or to terminate employment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, AS FOLLOWS: Section 1. Leave Sharing Policy Established. A leave sharing program is hereby established for the purpose of permitting City employees, at no additional 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 a relative or household 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. Section 2. Conditions for Receipt of Shared Leave. A Department Head, with the Mayor or designee's concurrence, may permit an employee to receive leave under the leave sharing program, when the following circumstances exist: A. The employee suffers from, or has a relative or household 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 take leave without pay or to terminate his or her employment with the City; B. An employee has completed six (6) months of the applicable City probationary period. C. The employee's absence and the use of shared leave are justified; D. The employee has depleted or will shortly deplete that employee's accrued sick leave, vacation leave, compensatory time and other paid leave; E. Prior to the use of shared leave, the employee has abided by the City's sick leave policy; F. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits, disability insurance benefits, and other benefits which might be available, with the exception of state public assistance; G. The use of shared leave will not significantly increase the City's costs other than the administrative costs of administering the shared leave program; CITY OF YELM ORDINANCE N0. 472 PAGE 1 H. If deemed appropriate, the Chief Administrative Officer may require that the employee 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. The Chief Administrative Officer shall then determine the amount of shared leave, if any, which an employee may receive, provided, that, no employee shall receive more than a total of ninety (90) days of leave. Extensions would be possible only upon recommendation of the Chief Administrative Officer with approval of the City Council. Section 3. Conditions for Donation of Shared Leave. Employees may request the transfer of a specified amount of accrued sick leave, or vacation leave to an employee who has been authorized to receive shared leave, subject to the following conditions: A. Transfers shall be in increments of one (1) day of leave and shall be utilized in the order of receipt by the Payroll Record Keeper; B. The donating employee must retain a total of ten (10) days, or more, of total accrued sick leave and vacation leave, after the transfer of shared leave; C. The transfer of leave from a donating employee shall not exceed the amount of leave specified by that employee; D. All donations of shared leave shall be entirely voluntary; E. Resigning or retiring employees, who have donated shared leave, shall not be eligible to receive payment for such donated leave. Section 4. Interdepartmental Transfers of Leave. Shared leave may be transferred without regard to the City Department in which donating employees and donee employees may be assigned. Section 5. Employment Status of Employees Using Shared Leave. While an employee is using shared leave, he or she shall continue to be classified as a City employee and shall receive the same treatment in respect to salary and employee benefits as he or she would normally receive if using accrued sick leave or vacation leave. All salary payments made to an employee while using shared leave shall be made by the Department to which that employee is assigned. The salary rate, total salary, and earned benefits of an employee using shared leave shall not change as a result of the employee being on shared leave, but shall continue as if the employee were using accrued sick leave or vacation leave. Section 6. Resvonsibility of the Personnel Department. The Personnel Department shall be responsible for computing the values of shared leave as donated and as used, and shall provide appropriate information to the Payroll Record Keeper to ensure adjusting of accrued leave balances to reflect the shared leave and to permit determination of fund transfers and budget amendments as necessary. An appropriate record of all leave transferred shall be maintained in the event that any unused time is returned to the donating employee or employees. Section 7. Return of Unused Shared Leave. At such time as the Chief Administrative Officer finds that shared leave is no longer needed, nor will not be needed beyond a particular time, by the employee for which leave was transferred, then the value of any shared leave which remains unused shall be returned at its original value to the employee or employees who donated that leave. To the extent administratively feasible, the unused leave shall be returned on a pro-rata basis. M~, CITY OF YELM ORDINANCE NO. 472 PAGE 2 Section 8. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 9. Effective Date. The City Council finds as a fact and declares that this Ordinance is necessary for the immediate preservation and support of the City's existing public institutions and the health and welfare of City employees, and shall take effect and be in full force on the date of adoption, provided, that, City employees desiring to make request for or to donate shared leave may request that the same be effective as of the pay period commencing August O1, 1993 for accounting purposes. PASSED AND APPROVED b 11~~the City Council for the City of Yelm, Washington, this / >r/ day of July , 1993. Kathryn M. Wolf, Mayor ATTEST: ,f~ Agne ! Colombo, City Clerk PASSED AND APPROVED: July 14, 1993 PUBLISHED: Nisqually Valley News, July 22, 1993 CITY Of YELM ORDINANCE N0. 472 PAGE 3