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HomeMy WebLinkAbout058 17STATE OF WASHINGTON County of Jefferson In the Matter of Allowing Employees } to Accrue and Use Paid Sick Leave in } RESOLUTION NO. 58-17 Accordance with RCW 49.46.020, } RCW 49.46.200, and RCW 49.46.210 } WHEREAS, as a result of Initiative Measure No. 1433, the legislature revised RCW 49.46.020 to require: "Beginning January 1, 2018, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210;" and, WHEREAS, in accordance with RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210 that go into effect on January 1, 2018, Jefferson County (County) must establish a process to allow employees to accrue and use sick leave in accordance with RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210; and, WHEREAS, the County already has a system of paid leave in the form of either sick leave of personal time off that can be used by employees for sickness, as detailed in the County Personnel Administration Manual, approved by Resolution No. 42-15 on November 23, 2015 (the Manual); and, WHEREAS, in some scenarios, sick leave required by RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210 is more generous than the paid leave currently provided by the County in its Personnel Administration Manual. However, in other scenarios, paid leave currently provided by the County is more generous than the paid leave required by RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210; and, WHEREAS, the County desires to harmonize its current policies for sick leave and paid time off as reflected in the Manual with the requirements of RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners, Jefferson County, Washington, hereby adopts attached Exhibit A amending the Manual. BE IT FURTHER RESOLVED, that this policy is hereby incorporated as part of the Manual. APPROVED AND ADOPTED this s f SEAS: r o ATTEST"` Cn Ci Carolyn allaway, Deputy Clerk of the Board day of December, 2017. JEFFERSON COUNTY BOARD OF COMMgISSIONERS Kathleen I Qr, Chair Davi a hvan, e r Kate Dean, Member EXHIBIT A AMENDMENT TO JEFFERSON COUNTY PERSONNEL ADMINISTRATION MANUAL (ADOPTED NOVEMBER 23 2015) PURPOSE OF THIS AMENDMENT The purpose of this Amendment is to revise the Jefferson County Personnel Administration Manual adopted by Resolution No. 42-15 on November 23, 2015 (this Manual) to harmonize paid leave currently provided by the County with sick leave required by RCW 49.46.020, RCW 49.46.200 and RCW 49.46.2 10 effective January 1, 2018. BACKGROUND Because of Initiative Measure No. 1433, the legislature revised RCW 49.46.020 to require that: "Beginning January 1, 2018, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210." RCW 49.46.200 requires that "paid sick leave shall be provided at the greater of the newly increased minimum wage or the employee's regular and normal wage." See also RCW 49.46.210(1)(i). RCW 49.46.020(4). Under RCW 49.46.210(1)(d), "An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment." RCW 49.46.210 lists the requirements for paid sick leave. Pursuant to RCW 49.46.210: "Employers are not prevented from providing more generous paid sick leave policies or permitting use of paid sick leave for additional purposes." RCW 49.46.210(1)(e). "Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of forty hours." RCW 49.46.210(1)0). "This section does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon the employee's termination, resignation, retirement, or other separation from employment." RCW 49.46.210(1)(k). In some scenarios, sick leave required by RCW 49.46.020, RCW 49.46.200 and RCW 49.46.2 10 is more generous than the paid leave currently provided by the County in this Manual. However, in other scenarios, paid leave currently provided by the County is more generous than the paid leave required by RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210. AMENDMENT OF MANUAL The Board of County Commissioners authorized revisions to this Manual effective January 1, 2018, as follows: • Add the following definition to Section 2.0: "County sick leave. Sick leave pursuant to Sections 5.1-5.8." • Add the following definition to Section 2.0: "State sick leave. Sick leave pursuant to Sections 5.9 and RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210, effective January 1, 2018." • Change "sick leave" in the definition of "Accrual" in Section 2.0 to "County sick leave." • Add a new Section 3. 10, as follows: Section 3.10 — State Sick Leave For any employee to who is eligible for both State sick leave, effective January 1, 2018, and for PTO under Sections 3.1-3.9, PTO shall continue to accrue but such accrual shall be concurrent with State sick leave, until an employee has accrued the maximum amount of State sick leave authorized by law. Use of State sick leave shall reduce the amount of PTO hour - for -hour, until all the accrued State sick leave and concurrently accrued PTO of an employee are expended. After all the accrued State sick leave and concurrently accrued PTO of an eligible employee are expended, any remaining accrued PTO may be used in accordance with County PTO policy in Sections 3.1-3.9. • Change the title of Section 5.1 from "Accruals" to "County Sick Leave Accruals." • Change the title of Section 5.2 from "Eligibility" to "County Sick Leave Eligibility." • Change the title of Section 5.3 from "Verification of Use" to "Verification of Use for County Sick Leave." • Change the title of Section 5.6 from "Use of Sick Leave for Relatives or Household Members" to "Use of County Sick Leave for Relatives or Household Members." • Change the title of Section 5.7 from "Sick Leave Bank" to "County Sick Leave Bank." • Change the title of Section 5.8 from "Converting Authorized Leave to Sick Leave" to "Converting Authorized Leave to County Sick Leave." • Change the term "sick leave" in Sections 5.1-5.8 to "County sick leave." • Add Section 5.9, as follows: Section 5.9 — State Sick Leave State sick leave is the sick leave adopted in RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210 effective of January 1, 2018. Subject to the requirements and limitations of RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210, the County shall provide State sick leave. After January 1, 2018, County sick leave shall continue to accrue but such accrual shall be concurrent with State sick leave, until an employee has accrued the maximum amount of State sick leave authorized by law. Use of State sick leave shall reduce the amount of County sick leave hour -for -hour, until all the accrued State sick leave and concurrently accrued County sick leave of an employee are expended. After all the accrued State sick leave and concurrently accrued County sick leave of an employee are expended, any remaining accrued County sick leave may be used in accordance with County sick leave policy in Sections 5.1- 5.8 Ex ST'14& (f)L rcy JEFFERSON COUNTY PERSONNEL ADMINISTRATION MANUAL Adopted November 23, 2015 Jefferson County Personnel Administration Manual monftlbs.Q.fthe following calendar year or within the timeframe as determined by the County Administrato . y approved carry over of vacation which is not used within the authorized timeframe shall be fbTfkited. Section 2.5 — Termination Upon termination, an employee shall be pal vacation accrued as of the termination date. Such time will be paid at the employee's current rate o f, at termination, an employee has used more vacation than they have accrued, compensation for the am of vacation taken above their accrual will be deducted from their final paycheck. In the event of a regular employee's death, compensation for accrued vacation aid to the employee's designated beneficiary, if any, and if none, to the employee's heirs or estate in di Section 3.0 — Personal Time Off The County may establish an alternate system for accrual of vacation and sick leave generally known as personal time off or PTO. This system has been adopted for all non -represented, exempt staff hired after January 1, 2004. (See Resolution No. 81-03 Establishing a Paid Time Off System and Offering that Alternative System to Non -Represented Employees) Section �1.1 — Personal Time Off (PTO) The personal leave benefit system is an alternative leave accrual system for exempt, non -represented employees to use for vacation, illness or injury, and personal business. It combines the standard paid leave accrual system (i.e. vacation, sick leave and floating holidays) into one flexible, personal time - off system. Employees will be eligible to earn and use PTO as described in this policy. Section 3.2 — Purpose The PTO system is established to provide greater flexibility to employees in managing their time off benefits, to allow greater accumulation of paid time off, and to reduce employer exposure to ultimate benefit utilization. Section 3.3 — Affected Parties All regular full time and part time County employees who are eligible to accrue paid leave because they have voluntarily, though their own action if offered, or through the action of their bargaining representative if negotiated, agreed to enroll in this alternative personal time off benefit (PTO) system. Section 3.4 — Accrual The amount of PTO an employee receives each year increases with the length of their employment as shown in the following schedule: Adopted: November 2015 Chapter 6 Page 23 of 111 Jefferson County Personnel Administration Manual Completed Months of Employment Completed Years of Employment * PTO Yearly Accrual Maximum Hours /(days) Maximum hours earned per straight time hour of employment. (PTO is earned hourly and posted month l . PTO Bank Maximum Hours/(days) 0 thru 36 0 thru 2 152/(19) 0.0731 240/(30) 37 thru 60 3 thru 4 168/(21) 0.0808 280/(35) 61 thru 120 5 thru 9 192/(24) 0.0923 320/(40) 121 thru 180 10 thru 14 208/(26) 0.1000 360/(45) 181 thru 240 15 thru 19 232/(29) 0.1115 400/(50) 241 thru 300 20 thru 24 Same Same 440/(55) 301+ 25+ Same Same 480/(60) Calculated based on a standard scheduled work week of 40 hours, maximum 2,080 hours yearly. Section 3.5 — Procedures The following procedures will be used in implementing the system for those employees who enroll in the PTO system. 3.5.1 - PTO Use and Minimum Increment PTO shall be used for all authorized leave provisions pursuant to Chapter 6 Sections 2.0 and 5.0 of this Manual. The minimum increment of PTO use is four (4) hours for all FLSA exempt personnel. 3.5.2 - PTO Use During an Employee's Trial Period and Scheduling Use of PTO No PTO may be used until successful completion of the trial period, except for a documented medical condition. PTO shall be scheduled pursuant to the sick/vacation leave provisions (See also Section 2.2) of this Policy. 3.5.3 - PTO Banking and Cash Out The employee may bank and carry forward any accrued PTO up to the Maximum PTO Bank (see the schedule in the table in Section 3.4). Upon separation of employment for any reason, the employee will be cashed out for unused PTO not to exceed the PTO maximum pursuant to the table in Section 3.4. Scheduled time off approved by the Department Head prior to submission of the required notice of resignation or retirement (See Chapter 10, Section 12.4 and 12.5) will be honored. Requests to use PTO that are made after a notice of resignation or retirement has been submitted are not allowed. 3.5.4 - PTO Bank Accrued PTO shall be credited to the employee's PTO bank up to the maximum allowed. Unless the employee has requested in writing and received approval to carry over excess accrued PTO pursuant to Section 3.5.5, any accrued PTO which exceeds this authorized bank limit will be credited to the employee's Catastrophic Sick Leave Bank (see also Section 3.5.6). When the employee uses accrued PTO and brings the available amount below the maximum cap pursuant to the table in Section 3.4, accrual to the PTO bank will begin again. 3.5.5 PTO Carry Over An employee may submit a written request to their Departmental Director for approval Adopted: November 2015 Chapter 6 Page 24 of 111 Jefferson County Personnel Administration Manual to carry over five (5) days of PTO in excess of the authorized bank limit, due to circumstances beyond their control or when planning a significant vacation and/or event. Employee requests to carry over more than five (5) days of PTO in excess of the authorized bank limit, must be approved by the employee's Departmental Director and submitted in writing to the County Administrator for approval. The request must be submitted in writing as early as possible to the projected vacation date and any approved carry over of PTO must be used within the first six months of the following calendar year or within the timeframe as determined by the County Administrator. Any approved carry over of PTO which is not used within the authorized timeframe shall be credited to the employee's Catastrophic Sick Leave Bank (see also Section 3.5.6). 3.5.6- Catastrophic Sick Leave Bank An employee's Catastrophic Sick Leave Bank shall only be accessible to the employee accruing the bank, and access shall only be allowed when all other paid leave, compensatory time or other Employer provided financial benefits are exhausted. A) Maximum Accrual - The maximum accrual in the catastrophic sick leave bank is 960 hours (120 days.) B) County Sick Leave Bank - Days accrued in the catastrophic sick leave bank may be donated to the County sick leave bank per Resolution 79-94. C) Separation from Employment: Upon separation from employment any accrual left in the employee's catastrophic sick leave bank is forfeited. 3.5.7 - PTO Cash Out PTO is paid at the employee's base pay rate (computed as an hourly rate) at the time of use or cash out. In no event shall PTO cash out exceed the PTO maximum pursuant to the table in Section 3.4. 3.5.8 - PTO Use During Illness or Injury or Workplace Injury The use of PTO due to illness, injury or workplace injury shall follow the sick leave provisions of Chapter 6, Section 5.0. 3.5.9 - Conversion from Standard Paid Leave Accrual System to PTO When an employee elects to enroll in the PTO System their paid leave balances will be handled as follows: A) Unused Sick Leave: Any sick leave an employee accrued under the standard sick leave system before enrolling in the PTO system will be banked in a separate account for the employee's benefit and may be used and/or cashed out under the sick leave provisions of Chapter 6, Section 5.0. The employee will use the S/L designation on their time sheet if the time is to be taken from their sick leave bank. B) Unused Vacation Leave: Any vacation leave an employee accrued under the standard system will be converted to PTO when the employee chooses to enter the PTO system. C) Unused Floating Holidays: Any unused floating holiday for an employee will be retained as a non -accruing floating holiday. 3.5. 10 - PTO Choice for Current Employees PTO is offered as an alternate to the standard paid leave accrual system. Once an employee chooses to enter into the PTO system the employee will not be authorized to return to the standard paid leave accrual/use system unless the PTO system is no Adopted: November 2015 Chapter 6 Page 25 of 111 Jefferson County Personnel Administration Manual longer offered. 3.5. 11 - Open Enrollment Period Exempt, non represented employees who are eligible but chose not to enroll in the PTO System upon implementation will have an opportunity to make that choice during an open enrollment period the first week of December each year for implementation the following January. 3.5.12 - Leave Accruals from the Standard Paid Leave Accrual System Once an employee enrolls in PTO any accrued leave over the limits established in the standard paid leave accrual system will be included in the amount rolled into their PTO bank. 3.5.13 - PTO for New Employees The PTO system shall be applied to all non -represented employees hired. Section 3.6 — Responsibilities Employees under the PTO System will be responsible for managing the use of their PTO accrual to ensure that they have paid leave time available for all appropriate time off uses. Employees will need to be mindful of their PTO balance to assure that they have a balance available to cover traditional sick leave uses including their own illness/injury, medical or dental care, as well as the same uses for their dependents and certain family members (see Section 5.0 for eligible family members.) Section 3.7 — Provisions of Chapter 6, Section 5.0 and 6.5 Apply All of the provisions of the currently adopted Chapter 6, Section 5.0 and Section 6.5 or any future version of these sections that is adopted by the County regarding the use of accrued sick leave and Family Medical Leave, shall apply to the use of PTO when it is used for illness, injury or medical reasons. 3.7.1 - PTO Designated as Family Medical Leave (FMLA): Employees and their Supervisors must identify and report in a timely manner the nature of the use of any PTO hours to be designated as FMLA for a qualified illness, injury, maternity leave, or other qualified use. 3.7.2 - Time Sheets: The designation of 202 will be used for time to be used from a PTO Bank and the designation of 242 will be used for time that is eligible to be Family Medical Leave (FMLA) on County time sheets. Section 3.8 — Catastrophic Sick Leave Bank Balances When an employee's accrued PTO hours reach the maximum allowed, further accrual will be credited to the employee's Catastrophic Sick Leave Bank at the end of each year, unless carry over has been granted pursuant to Section 3.5.5. The Payroll Services Manager in the Auditor's Office will be responsible for oversight of the accrual, use, and tracking all individual employee Catastrophic Sick Leave Bank balances. Section 3.9 — Additional "Non -Accruable" PTO Days In addition to the accrual chart in Section 3.4 the following non -accruable PTO days will be available to employees on the PTO System as follows: Completed Months of I Completed Years of I Non -Accruable PTO Days Per Adopted: November 2015 Chapter 6 Page 26 of 111 Jefferson County Personnel Administration Manual Employment Employment Calendar Year based on FTE 0 thru 36 0 thru 2 1 37 thru 120 3 thru 9 2 121+ 10+ 3 The additional days available pursuant to this section shall be treated as floating holidays for the purpose of accruals (i.e. shall not be carried forward from one year to the next or be payable upon termination.) C_ fl Co ed regular employees shall be entitled to the paid holidays specified by the Board of County sioners. To be paid for a holiday, an employee must be on pay status the scheduled workday immedia preceding and immediately following the holiday. Employees are entitled to 10 (ten) specified ho ' a s and 1 one floatin holida as shown below: H'day DatjMayay Holiday Date New Year's January 1 Day 1st Monday in September Martin Luther King, Jr's Birthday 3rd Monday ian's Day Day November 11 4th Thursday in November President's Day 3rd nday isgiving Memorial Day Last !n�infter sgiving Day Friday after Thanksgiving Independence Day July 4tmas Day December 25 One Floating Holidayo be selected by mutual agreement of the employee eir Departmental Director Section 4.1— Holiday Pay During a Declared E rgency Budget Reduction: When an emergency budget reduction which includes vo ntary furloughs for employees for a specific amount of time, is declared and implemented by the Board County Commissioners through the appropriate budget process the requirement in Section 4.0 th\aee oyee must be on pay status the scheduled workday immediately preceding and immediately fe holiday will be modified as provided below. 4.1.1 An Employee who has voluntarily agreed, andved, to take a specified number of furlough days (days without pay) mhe proval of their Departmental Director, take a furlough day bfter ecognized holiday and receive their regular holiday pay. Holiday paye paid ' e employee takes a furlough day before AND after the regularly py, howeve . Section 4.2 — Holiday Observed When the holiday falls on a Saturday, it will be observed on the preceding Friday. When a liday falls on a Sunday, it will be observed the following Monday. If an employee is on an autho ' leave with pay when a holiday occurs, the holiday shall be paid and not charged against any accumula d Adopted: November 2015 Chapter 6 Page 27 of 111 Jefferson County Personnel Administration Manual ad e. Untimely requests will only be considered if the employee can demonstrate that timely notice w7ttsZot possible under the circumstances. The request must de the following information: 1. Name of employ aking the request, and 2. Date of request, and 3. The dates of the day(s) o artial day(s) off being requested (Note that a partial day off will count as a full day towardloyee's yearly allotment of two (2) days), and 4. A sufficient description of the reason the leave so that the Departmental Director can determine if it qualifies for leave under the s of the law, and 5. If the request is untimely, a written explanation o by it was not possible to submit the request in a timely manner A request may be denied if. 1. It was not submitted in a timely manner, or 2. The reason for the requested leave does not qualify for leave under the to f the law, or 3. The employee has already exhausted their allotment of two (2) days off under th w, or 4. The employee occupies a public safety position, such as police, fire, or dispatch, and g tit the leave would result in the shift falling below necessary staffing levels, or 5. Granting the request would cause an undue hardship as defined by the Office of Financial Section 5.0 — Sick Leave Section 5.1— Accruals Regular employees shall accrue sick leave at the rate of 0.0462 hours for each full straight time compensable hour of service beginning with the date of employment to a maximum of 1,920 (one thousand nine hundred and twenty hours) and accrual continues while an employee is on paid leave status (e.g., vacation, authorized holiday, or sick leave.) When an employee is on unpaid leave status, they do not accrue sick leave benefits. Regular part-time employees shall accrue sick leave at the rate of 0.0462 hours for each full straight time compensable hour of service after 2 (two) consecutive years of employment pursuant to Chapter 10, Section 1.1. . Section 5.2 — Eligibility Employees shall be eligible for sick leave for the following purposes (See also Section 5.6): 1. Illness or injury (to include child bearing or related circumstances of the employee) 2. Medical or dental care 3. To care for their sick child under the age of 18 (eighteen) 4. As provided in RCW 49.12.270, an employee may use any or all of their choice of sick leave or other paid time off to care for: (a) A child of the employee with a health condition that requires treatment or supervision; or Adopted: November 2015 Chapter 6 Page 29 of 111 Jefferson County Personnel Administration Manual (b) A spouse, parent, parent -in-law, or grandparent of the employee who has a serious health condition or an emergency condition which is verified. An employee who is absent from work due to medical reasons shall immediately report their absence to their Departmental Director in compliance with Chapter 11, Section 1.0. Section 5.3 — Verification of Use 5.3.1 Medical Certification: The County may require that the employee provide a medical certification to support a request for sick leave use that goes beyond 5 (five) consecutive working days. The County may also require that a second medical opinion be obtained. This evaluation is done at the County's expense and must be obtained from a health care provider who is not employed by the County. In the event of conflicting opinions, the County may ask for an opinion from a third and final provider at the County's expense to offer a binding decision. 5.3.2 Fitness for Duty: The County may require that an employee provide a medical certification of fitness for duty to return to work after a medical leave that extends beyond 10 (ten) consecutive working days and that involves a mental disability or substance abuse, or where the medical condition and the employee's job are such that the County believes the employee may present a serious risk of injury to him/herself or others if they are not fit to return to work. Section 5.4 — Payments from Workmen's Compensation or Other State Mandated Plan If an employee is absent due to illness or injury for which he or she is receiving payment from a State Industrial Insurance, Law Enforcement Officers and Fire Fighters Retirement System (LEOFF), or other state mandated plan, the County will pay the difference between the employee's regular wages and the amount received from the State or other worker's compensation insurance plans. Sick leave will be deducted hour for hour from the employee's sick leave accrual for each hour that the employee is not at work. Employees shall never receive more compensation off the job than if working. LEOFF I employees may be required to submit claims to the LEOFF Disability Board rather than be awarded sick leave benefits, and LEOFF II employees may be subject to different regulations regarding use of sick leave when they are receiving Workers Compensation benefits. Section 5.5 — Filling Vacancy created by Regular Employee on Sick Leave An employee promoted to fill a vacancy created by a regular employee on sick leave due to an injury or disability (including but not limited to maternity leave previously authorized in writing) shall hold such position subject to the return of the absent employee for up to 1 (one) year. See also Temporary Promotions, Chapter 10, Section 6.2. Section 5.6 — Use of Sick Leave for Relatives or Household Members For purposes of this section only "relatives" shall be limited to spouse, son or daughter eighteen years of age or over, grandchild or foster child, grandparent, parent, or parent -in law of the employee. "Household members" means persons who reside in the same home, who have reciprocal and natural and/or moral duties to and do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune. See Adopted: November 2015 Chapter 6 Page 30 of 111 Jefferson County Personnel Administration Manual also Section 5.2 and RCW 49.12.270. Section 5.7 — Sick Leave Bank Jefferson County has established a sick leave bank to assist employees with a life threatening or major illness and have used all of their available sick leave. Such employee may apply for assistance through the sick leave bank. If approved, the employee will receive the difference between their request and any amount paid by a third party plan or from a County -provided insurance benefit. Requests must be submitted through the employee's Departmental Director. See Resolution No. 79-94. Section 5.8 — Converting Authorized Leave to Sick Leave If an employee becomes ill while on authorized leave status (paid or unpaid), they may request to have the authorized leave converted to sick leave provided said illness is verified. Section 6.0 — Leaves of Absence Employees may request a leave of absence for the purposes specified in this section. Unless otherwise stipulated, each request must be approved by the Departmental Director and the County Administrator after an evaluation of the request on its own merits and on the basis of the guidelines of this section, if not addressed by a collective bargaining agreement. Section 6.1— Bereavement Leave Three (3) days paid leave is granted for the death of an employee's immediate family member. For purposes of this section, "Immediate family" means spouse or domestic partner, child, parent, grandparent, sibling, including those relationships arising by marriage and/or adoption or domestic partner relationship. Bereavement leave may be approved beyond the allotted 3 (three) days for travel over 500 (five hundred) miles one way from the employee's home, but shall not exceed 5 (five) paid days unless approved by the County Administrator. For purposes of this section, a day is the employee's normal weekly straight time hours divided by 5 (five) resulting in the number of compensable hours in any 24-hour (twenty-four) period. Section 6.2 — Jury Duty or Subpoenaed Witness If an employee is called for jury duty or is subpoenaed as a witness (in an action where the County is a party and the employee is not a Plaintiff), the employee shall not suffer any loss of regular compensation from such absence. However, they shall be required to remit to the County any compensation received from such duties, excluding compensation received for transportation and meals. An employee released from jury duty for part of a day shall report to work for the remainder of the day. If less than 2 (two) hours remain in the work shift, the employee shall call their Departmental Director for instructions. Section 6.3 — Military Leave Military leave will be granted in accordance with RCW 38.40.060. Military leave shall be granted upon written application accompanied by a copy of bona fide orders to temporary active or training duty. Military leave is unpaid time. Section 6.4 — Personal Leave Without Pay On a case-by-case basis, an employee may apply for leave without pay. Departmental Directors may Adopted: November 2015 Chapter 6 Page 31 of 111 12/12/2017 RCW 49.46.020 RCW 49.46.020: Minimum hourly wage—Paid sick leave. Minimum hourly wage—Paid sick leave. (1)(a) Beginning January 1, 2017, and until January 1, 2018, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars per hour. (b) Beginning January 1, 2018, and until January 1, 2019, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars and fifty cents per hour. (c) Beginning January 1, 2019, and until January 1, 2020, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than twelve dollars per hour. (d) Beginning January 1, 2020, and until January 1, 2021, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than thirteen dollars and fifty cents per hour. (2)(a) Beginning on January 1, 2021, and each following January 1st as set forth under (b) of this subsection, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than the amount established under (b) of this subsection. (b) On September 30, 2020, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index, for the twelve months prior to each September 1 st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (2)(b) takes effect on the following January 1 st. (3) An employer must pay to its employees: (a) All tips and gratuities; and (b) all service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage. (4) Beginning January 1, 2018, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210. (5) The director shall by regulation establish the minimum wage for employees under the age of eighteen years. [2017 c 2 § 3 (Initiative Measure No. 1433, approved November 8, 2016); 1999 c 1 § 1 (Initiative Measure No. 688, approved November 3, 1998); 1993 c 309 § 1; 1989 c 1 § 2 (Initiative Measure No. 518, approved November 8, 1988); 1975 1st ex.s. c 289 § 2; 1973 2nd ex.s. c 9 § 1; 1967 ex.s. c 80 § 1; 1961 ex.s. c 18 § 3; 1959 c 294 § 2.] NOTES: Intent—Effective date -2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005. Effective date -1993 c 309: "This act shall take effect January 1, 1994." [ 1993 c 309 § 2.] Effective date -1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010. Notification of employers: RCW 49.46.140. http://app.leg.wa.gov/rcw/default.aspx?cite=49.46.020 1/1 12/12/2017 RCW 49.46.200 Paid sick leave. RCW 49.46.200: Paid sick leave. The demands of the workplace and of families need to be balanced to promote public health, family stability, and economic security. It is in the public interest to provide reasonable paid sick leave for employees to care for the health of themselves and their families. Such paid sick leave shall be provided at the greater of the newly increased minimum wage or the employee's regular and normal wage. [2017 c 2 § 4 (Initiative Measure No. 1433, approved November 8, 2016).] NOTES: Intent—Effective date -2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005. http://app.leg.wa.gov/RCW/default.aspx?cite=49.46.200 1/1 12/12/2017 RCW 49.46.210: Paid sick leave—Authorized purposes—Limitations—"Family member" defined. RCW 49.46.210 Paid sick leave—Authorized purposes—Limitations—"Family member" defined. (1) Beginning January 1, 2018, every employer shall provide each of its employees paid sick leave as follows: (a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee. An employer may provide paid sick leave in advance of accrual provided that such front- loading meets or exceeds the requirements of this section for accrual, use, and carryover of paid sick leave. (b) An employee is authorized to use paid sick leave for the following reasons: (i) An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and (iii) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason. (c) An employee is authorized to use paid sick leave for absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW. (d) An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment. (e) Employers are not prevented from providing more generous paid sick leave policies or permitting use of paid sick leave for additional purposes. (f) An employer may require employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee's lawful use of paid sick leave. (g) For absences exceeding three days, an employer may require verification that an employee's use of paid sick leave is for an authorized purpose. If an employer requires verification, verification must be provided to the employer within a reasonable time period during or after the leave. An employer's requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law. (h) An employer may not require, as a condition of an employee taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave. (i) For each hour of paid sick leave used, an employee shall be paid the greater of the minimum hourly wage rate established in this chapter or his or her normal hourly compensation. The employer is responsible for providing regular notification to employees about the amount of paid sick leave available to the employee. (j) Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of forty hours. (k) This section does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon the employee's termination, resignation, retirement, or other separation from employment. When there is a separation from employment and the employee is rehired within twelve months of separation by the same employer, whether at the same or a different business location of the employer, previously accrued unused paid sick leave shall be reinstated and the previous period of employment shall be counted for purposes of determining the employee's eligibility to use paid sick leave under subsection (1)(d) of this section. (2) For purposes of this section, "family member" means any of the following: http://app.leg.wa.gov/RCW/default.aspx?cite=49.46.210 1/2 12/12/2017 RCW 49.46.210: Paid sick leave—Authorized purposes—Limitations—"Family member" defined. (a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; (b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; (c) A spouse; (d) A registered domestic partner; (e) A grandparent; (f) A grandchild; or (g) A sibling. (3) An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee. (4) An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave. [2017 c 2 § 5 (Initiative Measure No. 1433, approved November 8, 2016).] NOTES: Intent—Effective date -2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005. http://app.leg.wa.gov/RCW/default.aspx?cite=49.46.210 2/2 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: December 18, 2017 SUBJECT: RESOLUTION NO. re: Allowing Employees to accrue and Use Paid Sick Leave in Accordance with RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210 (Amending Resolution No. 42-15, Jefferson County Personnel Administration Manual adopted November 23, 2015) STATEMENT OF ISSUE: As a result of Initiative Measure No. 1433, beginning January 1, 2018 every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.020, RCW 49.46.200 and RCW 49.46.210. As a result the County must establish a process to allow employees to accrue and use sick leave in accordance with the RCWs listed above. The proposed resolution would amend Resolution No. 42-15 - Jefferson County Personnel Administration Manual (adopted November 23, 2015) to harmonize paid leave currently provided by the County with sick leave required by RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210. RECOMMENDATION: Approve resolution re: Allowing Employees to accrue and Use Paid Sick Leave in Accordance with RCW 49.46.020, RCW 49.46.200, and RCW 49.46.210. (Amending Resolution No. 42-15, Jefferson -- County Personnel Administration Manual adopted November 23, 2015). REVIEWED BY: Philip Mor ey, ounty Adminisratt, Date