Marysville Municipal Code Art. 7 Other Leaves With Pay

Compensatory leave (also called compensatory time off) shall be granted any employee whom the City Manager has designated "Non-Exempt" pursuant to the federal Fair Labor Standards Act, for all authorized overtime hours worked.

(a) Leave time shall be earned at the rate of one and one-half (1½) hours for each authorized hour of overtime worked.

(b) The department director shall maintain an accurate record of compensatory leave times earned by eligible employees of the department.

(c) In his discretion, the City Manager may authorize the payment of cash compensation for all or a portion of earned compensatory leave in lieu of time off, when he first finds that the needs of the service require the presence of employees with accumulated compensatory leave balances, or other similar justification.

(d) Authorizations given by the City Manager pursuant to this Section shall be for specific occurrences and no future authorization shall be implied or anticipated by the exercise of such discretion.

An employee may be required to take a leave of absence when, in the opinion of his department director, he is temporarily unable to perform his duties due to physical or mental illness or non-service-connected injury.

(a) Before a department director may order a compulsory leave of absence, the employee must submit to a medical examination by a licensed physician designated by the city.

(1) Costs of medical examinations hereunder shall be borne by the city.

(2) Refusal by an employee to submit to a required medical examination or to take the leave ordered hereunder shall be grounds for immediate dismissal.

(b) If the report of the medical examination indicates that the employee is unable to perform his duties fully and effectively, the employee shall be required to take such leave of absence as is medically determined sufficient to restore him to normal health.

(c) Compulsory leave time shall first be charged against available sick leave balance and thereafter against available annual leave balance.

(d) Any employee who is ordered to take compulsory leave, and who has exhausted his accumulated sick leave and thereafter his annual leave balance, shall be placed on leave of absence without pay until his return.

(e) If the medical examination indicates that the nature of the illness or injury is such that the employee cannot be restored to health within the period of his leave, the employee shall be retired on disability or be terminated as the City determines on a case by case basis.

An employee summoned for jury duty or subpoenaed to appear as a witness in a judicial proceeding, except in personal matters affecting the employee outside of his city employment capacity, shall be given paid leave of absence without charge against any accumulated leave balances, as herein provided.

(a) An employee wishing to receive leave with pay for qualifying court duty must present a copy of the summons or subpoena to his immediate supervisor in advance of his absence, along with his request for absence on the form approved for that purpose by the City Manager.

(b) If such employee receives compensation (as salary) for his service, he shall be required to endorse such payment over to the city; alternatively, he may elect to retain the compensation received for his court duty, in which case his authorized leave shall be a leave of absence without pay.

(c) An employee on authorized court duty leave shall immediately return to his normal workplace whenever he is excused by the court. Failure to do so shall result in loss of pay for affected time, and may subject the employee to disciplinary action.

A permanent, probationary or limited-term employee who is disabled because of an injury arising out of, and in the performance of, his job duties with the city, may be eligible to receive supplemental payments from the city which, when added to Workers' Compensation payments received by the employee, would equal his full pay, subject to the following conditions:

(a) The disability must be of an immediate incapacitating nature, not one alleged to have occurred at some time in the past;

(b) The disability must not be the result of the individual's own misconduct, breach of discipline, or violation of safety or personnel rules and regulations, or failure to use appropriate safety equipment;

(c) The supplemental payments shall be a charge against the employee's accumulated annual leave balance, after which such supplemental payments shall cease;

(d) If at any time Workers' Compensation benefits are discontinued or suspended under provisions of state law, disability leave and any city supplemental payments made pursuant thereto, shall be discontinued;

(e) In order for an employee on disability leave to remain eligible for supplemental payments, he must contact his department director at least once in each work week while the employee is on disability leave to report his medical condition and prognosis;

(f) If an employee is unable to perform his regularly assigned duties as a result of an injury, but is able to perform some type of needed work, the employee may, at the employing department's discretion, be assigned other duties during the period of his recuperation;

(g) Any employee physically able but unwilling to accept an assignment of other duties during the period of recuperation shall be ineligible for disability leave and shall not receive any supplemental payments from the city;

(h) The department director shall have the authority to order an employee on disability leave to be examined by a physician selected and approved by the city, as a condition of continued eligibility to receive supplemental payments from the city;

(i) If an employee refuses to submit to a city-ordered medical examination, he shall be immediately removed from dis-ability leave and shall be ineligible to receive any supplemental payments from the city;

A full-time permanent employee may be granted educational leave with pay without charge against any available leave balances for the purpose of pursuing educational courses or training directly related to his work, as determined by the department director with the concurrence of the City Manager, during the employee's normal working hours.

(a) Full pay will be granted in each of the following instances:

(1) To attend department-sponsored training, seminars, and conferences;

(2) To pursue a course of study at an accredited college or university, which course of study has been expressly determined by the department director to be materially beneficial to the employee's required work performance;

(3) To pursue a course of study designed to prepare individuals to take a high school graduation equivalency examination.

(b) No leave with pay shall be granted pursuant to this Section to pursue a course of study, seminar, training, or conference which appears to be primarily for the personal, spiritual, or psychic improvement of participants.

An employee shall be granted leave of absence with pay while participating in a promotional examination given by the city, for time actually spent in the examination.

All permanent employees in the city service shall be entitled to leave of absence with pay for such holidays as are established.

(a) Full-time permanent employees shall be granted eight hours of holiday leave with pay for each declared holiday, regardless of variations in work schedules.

(b) Employees in other than permanent positions are not entitled to paid holiday leave.

(c) Part-time permanent employees who work at least twenty (20) hours per week shall be entitled to pro rata holiday leave with pay at the same ratio as hours regularly worked per week bears to forty (40).

(d) Holidays which occur during authorized annual leave shall not be charged against annual leave.

(e) An employee shall not be paid for holidays which occur during a period of leave without pay, absence without leave, or suspension.

Non-permanent, temporary or extra-help employees who work more than thirty (30) days within a twelve-month period (defined as "eligible employees" for purposes of this section) shall be entitled to earn and accrue paid sick leave at rates and under conditions specified in this Section, as generally required by the Healthy Workplaces, Healthy Families Act of 2014.

(a) Eligible employees accrue paid sick leave at the rate of one hour of leave for every thirty (30) hours worked, beginning on the first day of employment.

(b) Paid sick leave hereunder ceases to accrue after the leave balance available to an eligible employee reaches forty-eight (48) hours; provided, however, all unused, accrued hours may be carried over from one year to the next, but shall not be paid upon separation from City employment.

(c) Accrued sick leave hours may not be used until eligible employees have worked at least ninety (90) days as non-permanent, temporary or extra-help employees of the City.

(d) Eligible employees shall be allowed to use a maximum of twenty-four (24) hours of accrued paid sick leave within a twelve-month period, and only for the following reasons:

(1) For eligible employees' own diagnosis, care or treatment of an existing health condition or preventive care;

(2) For the diagnosis, care or treatment of an existing health condition or preventive care for eligible employees' family members, defined as any of the following:

(A) Child, including a biological, adopted or foster child, stepchild, legal ward or a child to whom the eligible employee stands in loco parentis;

(B) Spouse or registered domestic partner;

(C) Parent, including biological, adoptive or foster parent, stepparent or legal guardian of the eligible employee or the eligible employee's spouse or registered domestic partner or a person who stood in loco parentis when the eligible employee was a minor child;

(D) Grandparent;

(E) Grandchild;

(F) Sibling.

(3) To obtain relief or services related to being a victim of domestic violence, sexual assault or stalking, including the following services, when supported with appropriate certification(s) of the need for such services:

(A) A temporary restraining order or restraining order;

(B) Other injunctive relief to help ensure the health, safety or welfare of themselves or their children;

(C) To seek medical attention for injuries caused by domestic violence, sexual assault or stalking;

(D) To obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence, sexual assault or stalking;

(E) To obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking;

(F) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault or stalking, including temporary or permanent relocation.

(e) Eligible employees must provide reasonable notice of their need to use accrued paid sick leave, as provided in relevant part in Section 7409.

(f) Each occurrence of paid sick leave pursuant to this Section shall be a minimum charge of two hours, and additional leave is charged in multiples of one hour per occurrence.

(g) Time spent on paid sick leave hereunder shall not be considered hours worked.

(h) If an eligible employee separates from City employment and is rehired by the City in the same or another non-permanent, temporary or extra-help position within one year of the date of separation, previously accrued but unused sick leave hours earned pursuant to this section shall be reinstated.

History: Added 7/2015.

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Specific Authority: Resolution No. 2015-32.