Chapter 9 - Leaves

City of Redmond Personnel Manual

Chapter 9 - LEAVES

9.10 Holidays

9.20 Vacation Leave

9.30 Sick Leave

9.40 Professional Leave for Non-Union Exempt Employees

9.50 Administrative Leave

9.60 Bereavement Leave for Non-Union Employees

9.70 Military Leave

9.80 Family and Medical Leave

9.90 Pregnancy Disability and Care for Newborn Leave

9.100 Jury Duty/Court Appearance Leave

9.110 Domestic Violence Victim Leave

9.120 Unpaid Holiday for Faith or Conscience Leave

9.130 Leave Without Pay

9.135 Furlough

9.140 Shared Leave

9.150 Unpaid Sabbatical Leave

9.10 Holidays

(rev. 4/2022)

Holiday Allotment

Full-time employees receive 13 paid holidays each calendar year. Holidays are pro-rated for part-time employees as specified in further detail below.

Fixed Holidays

The 12 fixed holidays are:

Paid holidays are based on a standard eight-hour workday with excess hours charged against the employee's accrued vacation leave or compensatory leave account. In the event an employee does not have accrued vacation leave against which excess hours may be charged, the time will be treated as leave without pay unless other schedule arrangements have been approved by the employee’s supervisor.

Floating Holiday

In addition to the 12 fixed holidays, each employee shall receive one personally selected holiday (Floating Holiday per calendar year. The date for each employee's floating holiday must be approved by the employee's supervisor. Floating holidays may not be carried over from one year to the next. That is, the floating holiday must be used within the calendar year, or it will be forfeited.

An employee hired between July 1 and August 31 is eligible for up to four hours as a floating holiday. An employee hired after August 31 is not entitled to a floating holiday that year.

On termination, an employee is entitled to be paid for an unused floating holiday. If terminating between January 1 through June 30, the employee receives up to four hours' pay. If terminating July 1 through December 31, the employee receives up to eight hours' pay.

Part-Time Employees

Part-time employees are paid for holidays on a pro-rated basis according to the schedule below. When a holiday falls during an employee's scheduled time off, the employee usually takes time off with pay on an alternate day during the same pay period. Exceptions to this policy should be approved by the department director and Payroll should be notified.

Holiday Falls on Saturday

If a holiday falls on a Saturday, the holiday is generally treated as occurring on the preceding Friday. However, a caveat to the general rule is that when New Year’s Day occurs on a Saturday the holiday is treated as occurring on the following Monday. The rationale for this rule is to avoid moving the effective date of the holiday to the preceding calendar year.

Holiday Falls on Sunday

If a holiday falls on a Sunday, the holiday is treated as occurring on the following Monday.

Holidays Falls on Day Off

If a holiday falls on an employee's regularly scheduled day off, the employee shall be granted another day off during the work week in which the holiday was observed.

Holiday During Paid Leave

If a holiday falls within a period of paid leave, the holiday shall not be counted in computing the amount of paid leave used.

Alternative Non-Union Schedules

Where holiday schedules contained in collective bargaining agreements differ from the basic schedule, non-union employees in the same work group observe the holiday schedule established by the collective bargaining agreement.

Pay for Holiday Work

Employees who are required to work on a holiday receive two times their regular rate of pay for the hours worked on the holiday, with such pay to be in addition to their regular holiday pay. In effect, the employee is paid triple time for the day.

Religious Holiday

If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may (with supervisor approval) take the day off using vacation, comp time, or exempt employee professional leave. Requests for religious holidays should be made in writing to the employee's immediate supervisor, preferably at least two weeks before the holiday. See also Section 9.120 Unpaid Holiday for Faith or Conscience Leave of this Manual regarding Unpaid Holiday for Faith or Conscience Leave.

9.20 Vacation Leave

(rev. 7/2018)

Accrual

Full-time employees accrue vacation leave beginning on the first day of hire and is pro- rated for the first pay period, based upon the number of days worked in the pay period. Thereafter, vacation accruals will be added per pay period at the following rate:

Vacation accrual rates change on the first pay period following the employee’s next year of service. For example, if an employee’s hire date is June 20, 2016, the employee starts his/her 3rd year on June 20, 2018, with the accrual increase of 4.3333 hours starting on the first pay period of July 2018.

Part-time employees accrue vacation on a pro-rated basis as set forth in the schedule below.

Vacation Accrual for Department Directors

In lieu of the above schedule, department directors with less than 15 years’ service are credited with 21 vacation days on January 1st of each year. Department directors with service of 15 years or more are credited with vacation days on January 1st of each year according to the above schedule for full time employees.

Eligibility

Employees may use vacation leave as it is earned, regardless of probationary status.

Scheduling of Vacations

Each department is responsible for scheduling its employees' vacations without undue disruption of department operations. When possible, departments try to comply with employee requests. An employee wishing to schedule vacation leave must receive approval for requested dates from his or her immediate supervisor.

Accrual Limits

Employees may accumulate vacation leave time to a maximum of 360 hours. Any unused vacation time above the maximum is forfeited.

For department directors, calculation and forfeiture of excess vacation is determined at the end of each year. If a department director has more than 360 hours of earned vacation on December 31st, any hours over 360 hours are forfeited.

No Pay In-Lieu of Vacation

Employees are not permitted to cash out accrued vacation as pay rather than taking vacation. The only exception to this policy is when an employee separates from City employment.

Separation from Service

Upon separation from service with the City, employees are paid for all unused vacation leave.

9.30 Sick Leave

(rev. 9/2019)

Illness on Holidays

Absences by employees scheduled to work on a holiday are not charged against sick leave but taken as a paid holiday.

Sick Leave Notice

- Employees must report absences promptly to their supervisor, in accordance with their department procedures, and preferably no later than the beginning of the employee’s shift.

- In the event the employee is not able to report the absence, a person on the employee’s behalf may report the absence.

- The employee must notify supervisor daily or in accordance with their department procedures.

- All leave requests for sick leave usage must be approved by the employee’s supervisor.

Increments of Use

Employees may use sick leave in quarter-hour increments.

On-the-Job Injuries

An employee who suffers an on-the-job injury (OJI) may use sick leave to supplement the difference between the Workers’ Compensation benefit and their normal pay during their time of absence. If any combination of sick leave and time loss payment exceeds the employee’s normal wage, employee shall turn time loss payments over to Payroll and will reimburse the employee’s appropriate sick leave bank (WASL or RSL), depending upon which bank was used.

Rate of Pay

Sick leave will be compensated at the employee’s regular rate of pay.

Sick Leave on Separation

Sick leave credits expire upon termination of employment and are not compensated except as described in Section 7.120 Retirement Bonus Pay.

Responsibility

Supervisors:

- Ensure sick leave is appropriately recorded on the timesheet and approved.

- Ensure WASL bank is used prior to use of RSL bank.

- Ensure there is no retaliation against an employee for using WASL.

Employees:

- Correctly record all sick leave usage on their timesheet.

- Record and exhaust WASL hours before using RSL hours.

- Request sick leave in advance, when appropriate.

- Provide documentation to substantiate their absences, when required and as appropriate.

Two Sick Leave Banks

9.40 Professional Leave for Non-Union Exempt Employees

(rev. 7/2018)

Eligibility/Annual Leave Limits

In recognition of hours worked by exempt employees beyond the standard workweek, exempt employees not represented by a bargaining unit are granted six days (48 hours) of professional leave each calendar year. Professional leave is pro-rated for exempt part-time employees and for exempt employees who start mid-year.

Use of Professional Leave

- Professional leave is intended to be used for occasional paid days off without reducing an employee's accrued vacation.

- Use of professional leave is approved by an individual's supervisor.

- Professional leave may not be used to substitute for sick leave unless all sick leave has been used.

- Any professional leave not used during the course of a calendar year lapses on December 31st.

- Unused professional leave is not compensated on separation.

9.50 Administrative Leave

(rev. 7/2018)

Department directors have discretion to place employees on paid administrative leave. Generally, paid administrative leave occurs during the pendency of an investigation or disciplinary action, but department directors have discretion to utilize administrative leave for other reasons. Paid administrative leave is not a disciplinary action.

Employees should provide their supervisors with a phone number at which they can be reached during working hours. Employees should also telephone their supervisors at the beginning of each assigned shift to check in. During the period of administrative leave, employees are generally prohibited from entering City facilities and/or City property unless given permission to do so by the department director or the department director’s designee.

9.60 Bereavement Leave for Non-Union Employees

(rev. 7/2018)

In the event of death or serious illness threatening death in the immediate family, employees may receive up to four days (32 hours) off with full pay and benefits.

Bereavement leave is pro-rated for part-time employees.

Bereavement leave is granted by the department director. If extenuating circumstances (such as travel time) necessitate a longer period of leave, an extension may be granted by the department director. However, any extension of leave shall be charged against the employee's accrued leave accounts (sick leave, vacation time or compensatory time.)

For bereavement leave, "immediate family" is limited to the following relations:

Spouse/Domestic Partner
Child
Stepchild
Child of Domestic Partner
Foster-child, or legal ward
Parent
Stepparent
Mother of Spouse or Domestic Partner
Father of Spouse or Domestic Partner
Grandparent
Sibling

9.70 Military Leave

(rev. 7/2018)

Short-Term Military Leave (First 21 Days of Work)

Pursuant to RCW 38.40.060: (Quotation marks represent RCW language)

- Every employee "who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from employment...in order that the employee may report for required military duty, training, or drills including those in the national guard under Title 10 U.S.C., Title 32 U.S.C., or state active status."

- The period of time shall not exceed 21 workdays "during each year beginning October 1 and ending the following September 30," and "the employee shall be charged military leave only for days that he or she is scheduled to work for the City."

- If an employee is scheduled to work a shift that is within a calendar day, regardless of the number of hours the employee works that day, the employee will be charged military leave for one workday. For example, if the employee’s work schedule starts at 7:00 am on August 8 and ends at 4:00 pm on August 8, the employee will be charged one workday of military leave.

- “If an employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the employee will be charged military leave for only the first calendar day. If the employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the employee will be charged military leave for each calendar day except the calendar day on which the shift ends.” For example, if the employee’s work schedule starts at 6:00 pm August 8 and ends at 4:00 am August 9, the employee will be charged one workday of military leave.

- “Such military leave of absence shall be in addition to any…leave to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay.”

- “During the period of military leave, the employee shall receive from the City his or her normal pay.”

- Employees shall notify their supervisor as soon as they receive notice of the need to report for military training or active duty and provide the supervisor with a copy of the military orders, if available, or provide the name of the person giving the notice for duty.

Long-Term Military Leave (After 21 Work Days)

Employees who are called to, or volunteer for, active-duty military service in excess of 21 work days as described under Short-Term Military Leave will be placed on an unpaid leave of absence during the time the employee is in an active duty status. The employee may choose to use accrued vacation leave, professional leave, compensatory time, and/or floating holiday prior to moving to an unpaid status. Any unused leave accruals remaining when the unpaid leave begins will be held until the employee returns to active employment with the City. During the unpaid leave, the employee will neither earn additional vacation or sick leave nor be entitled to health insurance benefits except as may be provided for under COBRA or other applicable law. Reinstatement following active duty will be in compliance with state and federal laws at the time employee returns to work.

Military Spousal Leave

Pursuant to RCW 49.77.030, during a period of military conflict, an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of 15 days of unpaid leave per deployment.

The employee must give notice of intention to take leave within 5 days of the military member spouse receiving official notice of the order to active duty or official notice of leave from active duty and provide supervisor with a copy of the spouse’s official military orders.

See 9.80 Family and Medical Leave (“Military Caregiver Leave” and “Qualifying Exigency Leave”).

9.80 Family and Medical Leave

(rev. 7/2018)

Policy

The City provides Family and Medical Leave (FMLA leave) so that employees may take time off for health reasons or to care for the health of their family members.

Eligibility

To be eligible for family and medical leave, an employee must have been employed by the City for at least 12 months and must have worked at least 1,250 hours during the preceding 12 months. Paid leave hours are not included in the 1,250-hour calculation. An eligible employee may request up to 12 workweeks of FMLA leave per “leave year.” The City defines “leave year” as a rolling twelve-month period measured backward from the date an employee uses any FMLA leave.

Leave Entitlement

An eligible employee may request leave for one or more of the following reasons:

- To care for the employee's child upon birth, or to care for a child upon the child's placement with the employee for adoption or foster care;

- To care for the employee's spouse, domestic partner, son, daughter, or parent who has a serious health condition;

- To care for himself or herself, if the employee has a “serious health condition” that makes the employee unable to perform the essential functions of his or her job (including incapacity due to pregnancy, prenatal medical care or childbirth).

If either spouses or domestic partners are employees of the City of Redmond, the City reserves the right to restrict FMLA leave to a total of 12 workweeks of unpaid leave in a 12-month period for the birth or adoption of a child or to care for a parent with a serious medical condition. FMLA leave taken to care for a newborn or newly adopted child must be completed within 12 months of the child’s birth or placement for adoption.

Each spouse or domestic partner is eligible for the full 12 weeks of leave in the 12- month period to care for a child, spouse, or domestic partner with a serious health condition, or for either employee’s serious health condition.

Intermittent or Reduced Work Schedule

In certain circumstances, an employee may take FMLA leave on an intermittent basis (a few days or a few hours at a time) or on a reduced work schedule, as set forth below:

- Leave to care for a child after birth or for placement for adoption or foster care may be taken intermittently or on a reduced work schedule only if the City agrees to do so. Note, however, the bullet below if either the mother or child has a serious medical condition.

- Leave to care for the employee’s own serious health condition or a family member’s serious health condition may be taken intermittently or on a reduced work schedule if medically necessary. The City may request certification from the health care provider regarding the medical necessity of an intermittent leave schedule and its expected duration. Employees are required to schedule intermittent leave in advance, to the extent the need for leave is foreseeable, so as to not unduly disrupt the City’s operations. If mutually agreed to, the City may temporarily assign employees on intermittent FMLA leave to alternative positions with equivalent pay and benefits that better accommodate recurring periods of intermittent leave.

Notice and Certification

Notice: An employee who desires to take FMLA leave should notify the Human Resources Department at least 30 days prior to the leave date if the need to take leave is foreseeable. If 30 days’ advance notice is not possible, notice must be provided as soon as practicable – which generally means the same day or next business day after the need for leave becomes known. When leave is requested for a planned medical treatment, the employee should make a reasonable effort to schedule the treatment at a time that would minimize disruption to the City’s operations. The employee should provide sufficient information for the City to determine whether the requested leave is FMLA-qualifying. The employee should also provide information regarding the anticipated timing and duration of the leave.

Certification: An employee desiring to take FMLA leave must provide the Human Resources Department with medical certification from a health care provider documenting the serious health condition. When the need for leave is foreseeable, the employee should provide the certification to the Human Resources Department before the leave begins. When this is not possible, the employee must provide the medical certification within 15 calendar days after the City requests certification, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent good faith efforts.

- The City may delay leave to an employee who does not provide proper advance notice of a foreseeable need for leave.

- The City may delay or deny leave if the employee does not submit proper certification establishing medical necessity.

- The City may, at its discretion, require additional medical opinions regarding medical necessity. Should the City do so, it will pay the costs associated with obtaining the additional medical opinions.

- The City may, as treatment progresses, request additional subsequent certifications.

Continuation of Pay and Benefits

Pay: An employee on FMLA leave is required to use available accrued paid leave. The employee first uses sick leave. After accrued sick leave is exhausted, the employee uses accrued exempt employee professional leave, compensatory time, and vacation leave. Once all available paid leave is used, the remainder of the leave will be unpaid. Note, however, that an employee may leave up to 40 hours of vacation leave unused. An employee desiring to maintain a bank of 40 hours of vacation leave should make a written request to Payroll. If the employee does not make a written request to Payroll, all available paid leave must be used.

Health Insurance: During FMLA leave, the City will continue to pay the City’s share of the employee’s health insurance premium, provided that the employee continues to pay his/her share of the insurance premium. The employee must contact Payroll to make payments for any employee paid portion of the benefits. Failure of the employee to pay his/her portion of the health insurance premium may result in cancellation of health insurance. Under certain circumstances, if an employee fails to return to work at the end of the leave, the employee may be required to pay back the City for the City’s share of health insurance premiums. In the event an employee exhausts his or her FMLA leave entitlement but remains on an approved unpaid leave, the employee may choose to pay for continuing health benefits under federal COBRA requirements.

Paid Leave: Paid leaves, such as vacation, continue to accrue while an employee is on paid leave, but not during unpaid leave.

MEBT: An unpaid absence of 15 calendar days or less in a month does not affect employee vesting. Absences of greater duration will result in the employee not receiving vesting credit for that month.

Seniority: An employee’s seniority shall not be affected by absence due to FMLA leave.

Job Restoration Upon Return from Leave

Upon return from family and medical leave, an employee will be returned to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. If the employee chooses not to return to work for any reason, the employee should notify the City as soon as possible. A qualified healthcare provider’s certification of fitness for duty is required if the FMLA leave was due to a serious health condition of the employee, including pregnancy.

Military Caregiver Leave

An eligible employee who is a spouse, domestic partner, son, daughter, parent, or next of kin of a “covered service member” with a serious illness or injury may take up to 26 weeks of unpaid leave during a single 12-month period to care for the service member. A “covered service member” is a current member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. A “covered service member” also includes a veteran who was a member of the Armed Forces at any time during the 5 years preceding the date on which he or she undergoes medical treatment, recuperation, or therapy for a serious injury or illness.

A serious injury or illness is one that was incurred by a service member in the line of duty on active duty, or that existed before the beginning of the service member’s active duty and was aggravated by service in the line of duty on active duty, that may render the service member unfit to perform the duties of his or her office, grade, rank or rating. For a veteran, a serious injury is a qualifying injury or illness (as defined by regulation) that was incurred in the line of duty on active duty (or that existed before the beginning of active duty and was aggravated by service in the line of duty on active duty) and that manifested itself before or after the service member became a veteran.

The “single 12-month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by the City of Redmond for other types of FMLA leave. An eligible employee is limited to a combined total of 26 workweeks for any FMLA-qualifying reason during the “single 12-month period.” Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member. Medical Caregiver Leave may be taken intermittently whenever necessary to care for a covered service member with a serious injury or illness.

Qualifying Exigency Leave

An employee may take up to a total of 12 workweeks of unpaid leave during the normal 12-month period established by the City of Redmond for FMLA leave for “qualifying exigencies” arising out of the fact that the employee’s spouse, son, daughter, or parent is on active-duty status, or has been notified of an impending call or order to active duty status in support of a contingency operation. For purposes of this leave, covered active duty for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. Covered active duty for members of the reserve components of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined by Section 101(a)(13)(B) of Title 10, United States Code. Specific qualifying exigencies are defined by regulation and may be found at 29 C.F.R. 825.126, but include, generally, short notice deployments, military events and related activities, childcare related activities, financial and legal arrangements, counseling, rest and recuperation, and post-deployment activities. Please consult with Human Resources if you have questions about the scope of leave authorized under this section. FMLA leave may be taken intermittently for a qualifying exigency.

For Guidance

Employees are encouraged to contact Human Resources with any questions about how leave entitlements are coordinated in a particular situation. If you need more information about FMLA leave, or if you think you may need to take Family and Medical Leave, contact the Human Resources Department.

9.90 Pregnancy Disability and Care for Newborn Leave

(rev. 7/2018)

Policy

The City of Redmond provides leave to its female employees in connection with pregnancy-related disabilities as well as providing leave to both its male and female employees to care for newly born, adopted, or foster children.

Leave for Pregnancy Disability

A female employee who needs to take pregnancy disability leave should notify the Human Resources Department at the earliest possible date. The employee must provide a certification from her health care provider stating why leave is medically necessary and estimating the duration of the leave. The leave request will be evaluated in light of applicable state and federal law. Assuming the requested leave is granted, and if the employee’s need for pregnancy disability leave extends beyond the date originally estimated by the health care provider, the employee must submit a request for an extension supported by an additional certification from her health care provider explaining the medical necessity for the extension and its expected duration.

To be eligible for continuing City-paid health benefits during pregnancy disability leave, a female employee must have worked at least 12 months for the City of Redmond, and for at least 1,250 hours during the preceding 12 months. Pregnancy disability leave is unpaid. However, accrued paid leave may be used. The employee may continue insurance coverage at her own expense.

Leave to Care for a Newborn

To be eligible for leave to care for a newly born, adopted, or foster child, a male or female employee must have worked at least 12 months for the City of Redmond, and for at least 1,250 hours during the preceding 12 months. Leave to care for a newly born, adopted, or foster child is unpaid. However, accrued paid leave may be used. If the employee chooses to take unpaid leave, the employee may continue insurance coverage at his or her own expense. When a female employee has taken leave for a pregnancy related disability, the disability leave and leave to care for the new child do not run concurrently. Therefore, after any disability related leave is finished, a female employee remains entitled to 12 weeks of additional unpaid leave for bonding with and caring for her baby. Leave to care for a new child must be taken within 12 months of the child’s birth, adoption, or placement as a foster child.

9.100 Jury Duty/Court Appearance Leave

(rev. 7/2018)

An employee who is called for jury duty or who is subpoenaed to testify as a witness in a legal proceeding (i.e., court appearances, depositions, or administrative hearings) shall be granted a leave of absence as provided below.

Jury Duty

When called for jury duty, the employee must supply a copy of the summons to his or her immediate supervisor as soon as possible. The summoned employee continues to receive his or her normal pay for time spent in court. Employees must reimburse the City for any jury fees received from the Court but may retain any travel expense reimbursement. Employees are expected to return to work during extended recesses.

Testimony Related to Former Employment

If an employee is subpoenaed to testify regarding work performed for a previous employer the employee receives normal pay without reduction of vacation or other leave credits. Employees must reimburse the City for any witness fees received but may retain any travel expense reimbursement. As a courtesy to his or her supervisor, the employee is expected to supply a copy of the subpoena as soon as possible.

Testimony Related to City Business

If an employee is subpoenaed to testify in a matter related to his or her employment with the City or otherwise related to City business, the employee receives normal pay for all time spent at the hearing or deposition without reduction of vacation or other leave credits. Employees must reimburse the City for any witness fees received but may retain any travel expense reimbursement. As a courtesy to his or her supervisor, the employee is expected to supply a copy of the subpoena as soon as possible.

Testimony Unrelated to Either Former Employment or City Business

If an employee is subpoenaed to testify on a personal matter or a matter unrelated to either former employment or City business, the employee will not be compensated. The employee, however, may use accrued paid leave or comp time. The employee is entitled to retain any court pay, witness fee, or travel expense reimbursement received. As a courtesy to his or her supervisor, the employee is expected to supply a copy of the subpoena as soon as possible.

9.110 Domestic Violence Victim Leave

(rev. 7/2018)

An employee (regular, limited duration, or supplemental) or family member who is a victim of domestic violence, sexual assault, or stalking may take sick leave, use other paid leave, or take unpaid leave. If paid leave is exhausted, the employee’s health care coverage will be maintained for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had not taken leave.

Usage

When an employee or an employee’s family member is a victim of domestic violence, sexual assault, or stalking, authorized uses of sick leave include:

- Seeking legal or law enforcement assistance or remedies to ensure the health and safety of employees and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking.

- Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking.

- Attending health care treatment for a victim who is the employee’s family member.

- Obtaining or assisting the employee’s family member(s) in obtaining services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking.

- To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee’s family member was a victim of domestic violence, sexual assault or stalking.

- Participating, for the employee or for the employee’s family member(s), in: safety planning; or temporary or permanent relocation; or other actions to increase safety from future incidents of domestic violence, sexual assault, or stalking.

Family Member

For purposes of domestic violence leave, family member includes:

- Child (biological, adopted, foster, step, a legal ward, or a child of a person standing in loco parentis who is under 18-year-old or 18 years or older and incapable of self-care because of a mental or physical disability)

- Spouse or individuals in state registered domestic partnerships

- Parent (biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child)

- Parent-in-law

- Grandparent

Verification

The City reserves the right to require the employee to provide verification that the employee or his/her family member is a victim of domestic violence, sexual assault or stalking. The employee may submit a choice of any of the following documents for verification:

- A police report indicating the employee or family member was a victim of domestic violence, sexual assault, or stalking; or

- A court order protecting or separating the employee or employee’s family member from the perpetrator of the act of domestic violence, sexual assault, or stalking; or

- Other evidence from the court or the prosecuting attorney showing that the employee or employee's family member appeared, or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault, or stalking;

- Documentation from an attorney, clergy member, medical provider, or other professional from whom assistance was sought; or

- The employee’s own written statement that he or she or a family member is a victim and needs the leave to seek assistance.

9.120 Unpaid Holiday for Faith or Conscience Leave

(rev. 7/2018)

Employees are entitled to two unpaid holiday days per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employee may select the days on which he or she desires to take unpaid holidays after consultation with his or her supervisor. The City will allow the employee to take the chosen days off unless the employee’s absence would impose an undue hardship or the employee’s presence is necessary to maintain public safety.

9.130 Leave Without Pay

(rev. 7/2018)

Policy

Leave Without Pay may be granted to employees for periods up to 26 weeks. To apply, the employee must submit a request in writing to the department director stating the requested duration and reasons for the absence. The department director has discretion as to whether the request will be granted. If the department director grants the request, he or she should complete a Personnel Action Notice (PAN) and forward it to the Human Resources Department.

Generally, leave without pay may not begin until all vacation and compensatory time off has been exhausted. However, in the event the employee takes leave for health reasons or to care for the health of family members under the Family and Medical Leave policy, the employee may leave up to 40 hours of vacation leave unused. See Section 9.80 Family and Medical Leave “Continuation of Pay and Benefits” for further detail.

Health Benefits

The City will not continue payment of health insurance premiums while an employee is on leave without pay. Employees on unpaid leave may elect to continue their health insurance at their own expense as provided for under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Other Benefits Cease

No vacation, sick leave, or any other benefits accrue while an employee is on leave without pay.

Seniority

An employee's seniority and pay anniversary date shall be adjusted by the length of leave granted if the period of leave without pay exceeds 90 calendar days. There shall be no loss of seniority or adjustment to the pay anniversary date for leave without pay totaling 90 calendar days or less.

Exempt Employees

Exempt employees are only eligible for leave without pay for periods of time equaling or exceeding 40 hours per week.

Return from Leave

When the period of approved leave without pay expires, the employee shall be reinstated in the same or a similar position held at the time leave was granted. An employee who fails to promptly report for work at the conclusion of the approved period of leave without pay shall be presumed to have resigned and will be separated from employment.

9.135 Furlough

(rev. 3/2023)

Policy

The City of Redmond adopts this furlough policy for non-represented employees to allow flexibility when considering employment salary-saving measures during financial hardship. The goal is to provide management with options that may be adequate before laying off employees. For Union-represented employees, the City will follow the layoff or personnel reduction sections, as applicable, in the relevant collective bargaining agreements (CBAs) or alternative solutions mutually agreed upon by the union and the City.

Definitions

Furlough: A mandatory temporary leave of absence. In a furlough, the employee will return to work or be restored from a reduced work schedule. A furlough differs from a layoff in that with a layoff, the employment relationship is severed.

Furlough Hours/Furlough Day: A day on which an employee performs no work and receives no pay.

Furloughed Employee: An employee who is temporarily placed in an unpaid status without duties.

Administration of Furlough

The City retains the sole and exclusive right to decide whether a temporary reduction in force is necessary and to select the divisions/departments and positions for which furloughs will occur.

There are two options when implementing furloughs:

1. Reduced Hours/FTE Percentage Per Week

- Reduction between 5 and 20 hours per week (must work at least 20 hours per week)

- No salary for the reduced hours

- Benefits continue; employee pays benefit premiums at the reduced FTE amount

- Leave accruals maintained

- Seniority maintained

- Identified date to return to full schedule

- Upon return to full time work, employee will be paid same salary prior to the furlough

- Employee’s pay anniversary date will not change

2. Full Time Off

- No salary for the time off

- Benefits continuation through COBRA

- Leave accruals stopped

- Seniority maintained

- Identified return to work date

- Upon return to work, employee will be paid at same salary prior to the furlough

- Employee’s pay anniversary date will not change; employee will be evaluated for the time period employee was working

City management will identify an option and provide the impacted non-union employee(s) and/or union(s) with 90 days’ notice to discuss the option selected. City management will provide 30-days’ notice of final determination to impacted employees before action is taken.

- An employee may not substitute paid leave for furlough hours or days.

- If an employee is absent on the scheduled furlough day(s) due to a Worker’s Comp injury, alternative furlough hour(s) or day(s) may be arranged.

- An employee who is on protected leave (e.g., family medical leave) may also be furloughed.

- FLSA exempt (not eligible for overtime) employees furloughed in increments of full workweeks, in accordance with FLSA requirements.

- FLSA non-exempt employees (overtime eligible) may be furloughed in increments of partial workdays, full workdays, partial work weeks, or full workweeks.

- When the furlough period expires, employees will resume their regular position duties unless further action is needed or if the layoff process is initiated. (See Manual Section 13.20 – Layoff)

Work Restrictions

- A furloughed employee may not perform any work for the city or volunteer to do what the city otherwise pays any employee to do.

- Furloughs are considered a leave without pay. Time while furloughed will not count toward the calculation of overtime, and overtime is not to be used as a method for making up time and earnings lost due to a furlough.

- If an employee is on furlough and is requested to work for a period of time, the employee has the option to work or continue in the unpaid status.  If the employee elects to work, the employee will be paid according to the applicable city policy, and an alternative furlough day or hours may be scheduled.

Unemployment Compensation

Eligibility for unemployment compensation is subject to evaluation and determination by the Washington State Employment Security Department. Employees are directed to contact the Washington State Employment Security Department to determine eligibility in the event of a furlough.

Shared Work Program

If furloughs are necessary, the city will consider and may participate in the State of Washington’s Shared Work Program.

9.140 Shared Leave

(rev. 7/2018)

Policy

Employees may request donations of paid leave from other City employees when the employee suffers from an illness, injury, or physical or mental condition which is of an extraordinary or catastrophic nature. The condition must be likely to cause the employee to take leave without pay or terminate employment. Requests must be based on a condition that is unrelated to an active worker’s compensation claim. Requests for donations and sharing of paid leave will be considered in accordance with this policy and any applicable union collective bargaining agreement. The granting of shared leave to any individual employee is subject to approval by the department director and the availability of shared leave from other employees.

Donation Restrictions for Non-Union Employees

Non-represented employees, i.e., those who are not members of a bargaining unit, may donate vacation and floating holiday leave, and compensatory time. However, the donation must not cause the donating employee's vacation leave balance to fall below 40 hours.

Donation Restrictions for Union Employees

Restrictions on donations of union employees are specified in collective bargaining agreements. Therefore, bargaining unit members should review their collective bargaining agreement prior to donating.

Eligibility

In order to be eligible, an employee who desires to receive shared leave must meet the following requirements:

- The employee must submit a statement from a licensed physician or health care practitioner verifying the extraordinary or catastrophic nature of the condition and the condition’s expected duration.

- The employee must exhaust all accrued paid leave prior to applying for shared leave, provided that the employee may reserve up to forty (40) hours of sick leave.

- The employee must not be eligible for time-loss compensation under RCW Chapter 51.32. If the City approves shared leave and the employee later has a time-loss case, all leave received by the employee shall be returned to the donors and the employee must return any overpayment to the City.

- The employee must not be receiving disability payments through either the short- term disability benefit or the long-term disability insurance plan.

- The employee has complied with City policies and applicable union contract requirements regarding the use of sick leave.

- No employee is permitted to receive more than two-thousand eighty-eight (2,088) hours of shared leave during their lifetime of employment with the City.

The City reserves the right to determine whether any particular employee meets all necessary criteria specified above to receive shared leave.

Status of Employee on Shared Leave

While an employee is on shared leave, he or she shall continue to be classified as a City employee and shall receive the same salary, wages, and employee benefits as the employee would normally receive if the employee had been using accrued vacation or sick leave.

Return of Unused Leave

Shared leave not used by the recipient shall be returned to the donor(s). Returned leave shall be:

- Divided among the donors on a pro-rated basis, computed on the original donated value;

- Returned at its original donor value; and

- Reinstated to each donor’s leave balance.

Calculation of Shared Leave

The receiving employee shall be paid at his or her regular rate of pay. Therefore, one hour of donated leave may be worth more or less than one hour of recipient's salary. The dollar value of donated leave shall be converted from the donor to the recipient. The leave received shall be coded as shared leave and be maintained separately from all other leave balances.

Participation is Voluntary

Participation in the Shared Leave Program is voluntary. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave. Further, no employee who declines to donate leave shall be retaliated against.

9.150 Unpaid Sabbatical Leave

(rev. 7/2018)

Description

Sabbaticals are periods of unpaid personal leave during which an employee continues to receive City-paid health benefits. Unpaid sabbaticals may be granted when an employee's absence will result in a net material financial gain to the department and will not unduly disrupt services. The authority to grant unpaid employee sabbaticals resides with the department director.

During unpaid sabbaticals an employee's seniority is not disrupted and accrued but unused vacation is left intact.

Purpose

The aim of unpaid sabbatical leave is to reduce City expenditures in a manner that responds to employee interests for additional time off.

Eligibility

All regular, non-probationary employees.

Duration

Unpaid sabbatical leave shall be for a minimum of one workday or shift up to a maximum of three months.

Process

An employee desiring to take an unpaid sabbatical must submit a written request to his or her supervisor identifying:

- The dates of the requested sabbatical; and

- Recommendations on how his/her normal work responsibilities should be handled during the sabbatical.

A sabbatical may not begin until the department director has issued a written decision responding to the employee’s request.

In considering a request for an unpaid sabbatical, the department director should consider whether an employee absence would unduly disrupt services as well as whether the City will enjoy a net material financial gain based on the following factors:

- Salary and benefit savings;

- Costs of continuing health benefits;

- Costs of hiring temporary help or incurring increased overtime due to the employee’s absence.

Notification to Human Resources Department

For sabbatical leaves of two weeks or less: A copy of the employee’s sabbatical request and the department director’s written approval should be forwarded to Human Resources. No PAN is necessary.

For sabbatical leaves of more than two weeks: The department director should provide a PAN to the Human Resources Department. As an attachment to the PAN, the department director must provide a copy of the employee’s sabbatical request and the department director’s written approval.

Benefits During Sabbatical

Health: Health benefits continue unchanged with the same premium cost sharing between the City and employee as before the sabbatical.

Vacation/Comp Time: Employees may leave their vacation and comp time banks intact during unpaid sabbaticals. However, employees do not accrue additional vacation leave while on unpaid sabbaticals.

Holidays: Holidays occurring during a sabbatical are unpaid.

Sick Leave: Employee may leave their sick leave bank intact during sabbaticals. However, employees do not accrue additional sick leave while on sabbatical.

Life Insurance: The City will continue to pay its portion of life insurance premiums due as if the employee were actively working. The employee is responsible to pay his or her portion of a voluntary life insurance premium.

Retirement: In accordance with Washington State Department of Retirement System’s regulations, and depending on the duration of the unpaid sabbatical, an employee may receive full retirement service credits, partial retirement service credits, or no retirement service credits. An employee desiring guidance on how a decision to take sabbatical may impact accrual of retirement service credits should contact the Washington State Department of Retirement Systems.

MEBT: An unpaid absence of 15 calendar days or less in a month does not affect employee vesting. Absences of longer than 15 calendar days will result in the employee not receiving vesting credit for that month.

Seniority: There will be no loss of seniority as a consequence of taking sabbatical.