7. ATTENDANCE, HOLIDAYS, ANNUAL LEAVE AND LEAVES OF ABSENCE
7.1 HOURS OF WORK
The standard workweek shall consist of forty (40) hours per week within a seven day period, unless otherwise arranged by the department head to meet specific departmental needs.
The standard workday shall begin at 8:00am and end at 5:00pm. Departments may vary from this schedule based upon departmental necessity. The standard workweek is Sunday through Saturday.
Flexible work arrangements are dependent on departmental requirements and are left to the discretion of the department head. Flexible work arrangements allow the department head to schedule the workweek of forty (40) hours to meet specific departmental situations.
7.2 MEALS AND REST PERIODS
All employees shall be granted an unpaid meal period of one hour as determined by the department head and/or supervisor.
All employee work schedules shall provide for a fifteen (15) minute rest period during each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. An additional rest period shall be granted for each additional two-hour increment that an employee is required to work beyond the normal shift. Rest periods may be required to be taken at the workstation.
7.3 ATTENDANCE
Each employee is critical to the overall success of the County operation. Every employee is expected to keep regular attendance, be on time, and work as scheduled.
In accepting employment with the County, each employee is required to meet certain standards. Maintaining an acceptable level of job attendance is part of good work performance and is one of the standards by which an employee’s overall job performance and contribution to the County may be measured. Continued employment carries with it the personal responsibility of each employee to be on the job on time every scheduled workday. Recurring and excessive absences and/or tardiness is disruptive to work schedules, detrimental to department morale and disrespectful to co-workers who maintain a good work record. Repeated failure to meet these requirements may be subject to corrective disciplinary action, which could result in termination.
7.4 HOLIDAYS
The following days shall be recognized as legal, paid holidays:
New Year’s Day (January 1)
Martin Luther King Day (3rd Monday in January)
President’s Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veteran’s Day (November 11)
Thanksgiving Day (4th Thursday in November)
The Day After Thanksgiving
Christmas Day (December 25th)
One Floating Holiday (Employee must complete one full month of continuous employment to be eligible and must use the floating holiday within the calendar year earned).
Whenever a legal holiday falls on a Sunday, the following Monday shall be observed as the legal holiday. Whenever a legal holiday falls on a Saturday, the proceeding Friday shall be observed as the legal holiday.
When a holiday falls on a normal day off, the department head may choose to observe either the preceding workday or following workday as a holiday. With the approval of the department head, employees may elect to be paid in lieu of time off.
Approval is required for a floating holiday using the same procedure as described under Annual Leave.
7.5 ANNUAL LEAVE
7.5.1 Eligibility
Full-time and part-time salaried employees are eligible for annual leave. Part-time salaried employees, who work at least 20 hours per week, are eligible for annual leave pro-rated based upon the percentage of time they work. The Board of County Commissioners shall have discretion according to RCW 36.32.390 whether to grant annual leave to non-monthly employees hired on an hourly or per diem basis who work 1500 hours or more in one (1) year.
Annual leave shall be granted at a time approved by the department head and/or supervisor.
7.5.2 Leave Accrual
Annual leave is accrued in accordance with the schedule shown below and is prorated based upon the number of hours worked in a month. Annual leave is accrued based on an employee’s anniversary date. Annual leave shall not be taken prior to having worked six (6) consecutive months.
ANNUAL LEAVE ACCURAL SCHEDULE
During Year of Annual Leave Hours Total Hours Employment Accumulated per Month Earned by
Year End
0 – 2 8.00 98.00
3 – 5 9.00 108.00
6 – 10 10.00 120.00
11 – 20 11.00 132.00
21 – 25 12.00 144.00
26 – 30 13.00 156.00
7.5.3 Entitlement upon Reinstatement
An employee whose employment with Okanogan County was terminated for any reason, except by lay off, shall be required upon reinstatement to accrue six (6) months continuous employment prior to the entitlement of annual leave. Employees, who are laid off and rehired within one (1) year, shall maintain their years of service in effect at the time of layoff for purposes of calculating annual leave.
7.5.4 Accumulation of Annual Leave
Annual leave is accumulative to a total of 240 hours (30) working days. An employee with 240 hours of accumulated annual leave may take currently accrued annual leave; however, annual leave in excess of 240 hours must be used by December 31st of any given year. Only 240 hours of annual leave shall be carried over to the following year. Hours in excess of 240 hours shall be lost. No employee may have more than 240 hours of accumulated annual leave at retirement. In the case of a transfer between departments, the employee is paid for annual leave accumulated at the time of the transfer and then may elect to buy back part or all of annual leave at the same rate of pay as the leave was originally accrued.
7.5.5 Terminal Pay of Accrued Annual Leave
Subject to the limitation of accumulation of annual leave set forth in Section 7.5.4 above, all accumulated annual leave shall be paid to an employee when the employee leaves the employment of Okanogan County. In conformance with RCW 41.50.150, for retirement purposes, annual leave pay off shall be limited to 240 hours.
7.5.6 Hospitalization during Annual Leave
If an employee is in the hospital during annual leave, upon receipt of certification by a physician, time spent in the hospital may count as sick leave.
7.6 BEREAVEMENT LEAVE
Each employee shall be allowed up to three (3) days of bereavement leave with pay for the death of a spouse, child, or parent (s). In the event an employee must travel outside a five-hundred (500) mile area for this purpose, the employee shall be allowed up to five (5) days of bereavement leave.
7.7 MILITARY LEAVE
Compensation for military leave shall be as specified in RCW 38.40.060.
7.8 SICK LEAVE
7.8.1 Eligibility
Full-time and part-time salaried employees are eligible for sick leave. Part-time salaried employees, who work at least 20 hours per week, are eligible for sick leave on a proration based on the percentage of time they worked. The Board of County Commissioners shall have discretion according to RCW 36.32.390 whether to grant sick leave to employees hired on an hourly or per diem basis who work 1500 hours or more in one year.
7.8.2 Sick Leave Accrual
A regular full-time employee earns eight (8) hours of sick leave for each month prorated based upon the number of hours worked.
7.8.3 Sick Leave Accumulation
Sick leave is accumulative to a total of 960 hours.
Any employee who accumulates sick leave in excess of the allowable limit shall receive a cash bonus at the end of the year, when said leave is lost. The cash bonus shall be an amount equal to 25% of the normal salary rate time the number of excess hours but in no case less than $100.00. Such bonus payment shall not be used for calculation of retirement benefits except for PERS I employees.
7.8.4 Sick Leave Usage
An employee who is unable to perform by reason of the following may use accrued sick leave:
personal illness or injury incapacitating the employee to perform his/her dues
necessity of medical or dental care
exposure to contagious disease which would jeopardize the health of fellow workers or the public
illness, injury or death in the employee’s immediate family which required the employee’s presence. Immediate family includes only the following persons related by blood, marriage or legal adoption in the degree of grandparents, parents, wife, husband, brother, sister, child, grandchild, mother-in-law, father-in-law or any relative living in the employee’s household.
childbirth (including adoption)
At the employee’s option, vacation leave may be used as sick leave, but sick leave may not be used as vacation leave.
7.8.5 Proof of Illness
A doctor’s certificate of illness or release may be required by the department head at the time the employee returns to work when the employee is absent because of illness or injury more than three (3) consecutive days. Employees absent from employment due to illness and under a physician’s care may be requested to present a certificate of release to the department head before returning to work.
7.8.6 Restoration of Accumulated Sick Leave
Except as provided in Section 7.8.2 related to accumulation of sick leave, all accumulated sick leave is canceled when an employee separates from service, but shall be restored if the employee is re-appointed to the same department or another department of the County within six (6) months from separation.
7.8.7 Job Related Injury
Sick leave shall not conflict with the State Industrial Insurance Law (RCW 51) relating to persons injured in the course of their work. The Department of Labor and Industries will compensate an employee injured on the job in accordance with their rules and regulations and applicable State law, rules, and regulations.
Employees, when injured on the job may elect to use any accumulated sick leave and/or annual leave time to receive their normal salary and benefits. Payments from the Department of Labor and Industries must be turned over to the County if the employee elects to use accumulated leave time. Sick leave pay shall be integrated with any health and welfare plan, income benefit, or State Workman’s Temporary disability compensation schedule of benefits, so that the sum of the daily sick leave allowance hereunder, and the aforesaid Health and Welfare Plan, accident and sickness income benefit, or State Disability daily benefits, shall not exceed one hundred percent (100%) of the regular daily rate of pay for any one (1) day. Any portion of the sick leave pay allowance not received by the employee by reason of any such reduction shall be retained in the employee’s sick leave pay account as part of accumulated sick leave pay credits.
Whenever an employee is given a permanent and fixed disability rating, return to the job must be based on the same medical information, which the employee used to obtain the award. Unless these medical facts are carefully considered, subsequent injuries or aggravations of the original injury can occur. If there is a position available, it is the policy of the County that an employee return to duties the employee can perform safely without undue risk or further injury to the employee or other employees.
The medical criteria presented to the disability board by the employee and the employee’s doctor shall be obtained and utilized by the County and interpreted in terms of specific job restrictions and limitations. The county shall then interpret and apply such job restrictions and limitations to the specific physical requirements as to whether or not the employee shall:
Return to the employee’s former position, if available;
Transfer to some other position (if available) for which the employee is qualified, based upon physical ability and experience, if possible;
Be terminated from employment subject to reinstatement rights.
7.9 MATERNITY AND FAMILY MEDICAL LEAVE
7.9.1 Maternity Leave
Maternity Leave shall be granted when a health impairment, an illness or injury, or condition related to pregnancy or childbirth results in a temporary disability and necessitates reasonable absence from the job but the expectation that the employee will return to work.
7.9.2 Maternity Leave Options
The employee shall have the following options:
Use accrued sick leave and/or accrued annual leave as required to the extent of exhaustion of sick leave and annual leave benefits.
Request a leave of absence without pay in accordance with section 7.10.
7.9.3 Family Medical Leave (FMLA)
Under the terms of the Family and Medical Leave Act of 1993 (FMLA), Title 219, Part 825 of the Code of Regulations, employees may request leave with or without pay under the following conditions:
For the birth of a son or daughter, and to care for the newborn child;
For the placement with an employee of a son or daughter for adoption or foster care;
To care for the employee’s spouse, son, daughter, or parent with a serious health condition; and,
Because of a serious health condition that makes the employee unable to perform the functions of the employee’s job.
7.9.4 FMLA Eligibility
FMLA allows employees to request leave without pay for up to twelve (12) weeks within a twelve (12) month period. The twelve (12) month period shall be defined as a "rolling" twelve (12) month period measured from the last use of FMLA leave. The employee must have worked for the County for 12 months or 52 weeks and must have worked 1250 hours during the twelve-month period immediately before the date when the leave is requested to commence. Employees are required to use all sick leave which they have accrued, prior to going on leave without pay. The county shall not require the use of annual leave as part of family medical leave. The employee, at the employee’s option, may use annual leave as part of family medical leave. Such paid leave status shall be included in the total of the 12 work weeks.
If a husband and wife both work the County, they shall together be entitled to a total of twelve (12) work weeks of family leave and leave need be granted to only one parent at a time.
7.9.5 FMLA Notification
An employee planning to take family leave under the terms of this section shall provide the department head with written notice at least thirty (30) days in advance of the anticipated date of leave. The department head and/or supervisor shall notify the Payroll Department of any FMLA leave or any change in status of an employee. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. While on leave, employees are requested to report periodically to the department head and/or supervisor regarding the status of the medical condition and their intent to return to work.
7.9.6 Employee Status and Benefits During FMLA
While an employee is on FMLA leave, the County shall continue the employee’s health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. During the period of leave taken under the terms of this section, if the employee is not eligible for any employer contribution to medical or dental benefits under the County’s policy, the County shall allow the employee to continue, at his or her own expense, medical or dental insurance in accordance with state or federal law.
If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee, or the employee’s family member or a circumstance beyond the employee’s control, the County shall require the employee to reimburse the County the amount the County paid for the employee’s health insurance premium during the leave period.
7.9.7 FMLA Certification of the Serious Health Condition
The County reserves the right to request certification of the serious health condition. Request for medical certification shall be made in writing as part of the County’s response to the employee’s request for leave.
7.10 LEAVE OF ABSENCE WITHOUT PAY
7.10.1 Eligibility
Leave of Absence Without Pay may be granted at the discretion of the department head, provided however, said leave shall not exceed sixty (60) calendar days. This leave shall be non-Family Medical Leave as described under Sections 7.9. An employee shall not be granted a Leave of Absence Without Pay until all sick leave, accumulated compensatory time, and annual leave accruals (as appropriate to the circumstance of the leave) have been exhausted.
7.10.2 Notification
Requests for Leave of Absence Without Pay must be submitted in writing and approved by the department head at least five (5) working days in advance of the effective leave date. Payroll should be notified within the month that the leave without pay occurs.
7.10.3 Employee Status
An employee on Leave of Absence without Pay shall not be eligible for accrual of sick leave, vacation, or holiday pay.
An employee on an authorized Leave of Absence Without Pay is entitled to reinstatement to the employee’s former position at the expiration of the employee’s leave. If an employee is unable to work at the expiration of the authorized leave, due to inability to perform the essential function of the job with or without reasonable accommodation, the County and the employee shall explore alternative solutions and otherwise take measures to comply with the American with Disabilities Act if applicable. The County may request Medical Certification of ability to perform the job duties as set forth in the job description.
7.10.4 Medical Benefits During Leave Without Pay
Employees on leave of absence without pay for reasons other than stated in section 7.9 shall be responsible for the total cost of medical, dental and vision coverage.
Medical, dental, and vision coverage shall be reinstated on the first day of the first full pay period the employee returns to work, provided however, that the employee shall notify Payroll ten (10) working days before the date of return to work.
7.11 LEAVE SHARING
7.11.1 Eligibility
An employee is eligible to receive donated annual leave from the Shared Leave Pool if:
The employee suffers from, or has an immediate family member 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.
The employee’s absence and the use of shared leave are justified.
The employee has depleted, or shall shortly deplete, his/her annual and sick leave reserves.
The employee has diligently pursued and been found to be ineligible to receive industrial insurance benefits.
7.11.2 Conditions of Use
The department head shall determine the amount of shared leave, which an employee may receive from the Shared Leave Pool. The employee shall provide appropriate medical justification and documentation which supports the necessity for the leave and the duration of the absence. Forms for requesting shared leave are available in the County Auditor’s Office or the Public Works Accounting Office for Public Works employees. An employee may receive no more than a total of 160 hours of shared leave.
If an employee does not use all of the requested shared leave, the unused leave shall be returned to the Shared Leave Pool. In no event, shall any unused shared leave be paid to the donee employee in the event of leaving the County’s employment.
While an employee is on shared leave, he/she shall continue to be classified as a regular County employee and shall receive salary and benefits as he/she would otherwise receive using annual leave. The leave sharing recipient employee must use accumulated donated hours on consecutive workdays. All salary benefit payments made to the employee on shared leave shall be made by the department employing the person using the shared leave.
7.11.3 Donations to Shared Pool
Employees from any department may transfer a specified amount of accrued annual leave to the Shared Leave Pool or to a specific employee requesting said leave. To be eligible to donate annual leave to the Shared Leave Pool, an employee must have a total of more than eighty (80) hours of accrued annual leave. Transfer shall be in increments of eight (8) hours of leave. Employees wishing to donate accrued annual leave to the Shared Leave Pool, should obtain an Annual Leave Donation form from the Auditor’s Office or the Public Works Accounting Department for Public Works employees.
7.12 JURY DUTY
An employee called for jury duty shall receive regular County pay unless called on a normal day off. The employee shall "sign over" any compensation (except mileage) paid for jury duty to the County, except the employee shall keep that portion of said compensation for the jury duty served on a normal day off. If excused from jury duty on a County workday, the employee shall contact the employee’s supervisor for work assignment.
7.13 WITNESS SERVICE
An employee subpoenaed as a witness in a court or administrative proceeding, whose testimony is job related and done on behalf of the County, shall receive regular County pay for the time spent in serving as a witness, including service on days off. Said employee shall also receive reimbursement from the County for travel expenses incurred, except that the employee shall not receive reimbursement for mileage traveled where the employee is able to receive reimbursement from the court or administrative body, or other source, after "signing in" as a witness. Employees whose testimony is not on behalf of the County are excluded from this policy.
7.14 TRAINING
The County shall encourage and promote training opportunities for employees and supervisors so the service that they render to the County may be made more effective. Food, lodging, and travel expenses shall be paid by the County in accordance with the travel policy in Section 9. 6 to any employee required to attend a conference when the conference is held at a location other than the employee’s job location.
Mandated or required training shall normally be provided on County employee’s work time; however, in the event that the training cannot be offered during the employee’s normal work shift, the employee shall be compensated at the appropriate rate pursuant to the requirement of the FLSA.