PUBLIC SERVICE AND INDUSTRIAL EMPLOYEES, LOCAL1239
THIS AGREEMENT is between the CITY OF SEATTLE (hereinafter called the
City) and Public Service and Industrial Employees, Local 1239 (hereinafter
called the Union), for the purpose of setting forth the mutual understanding of
the parties regarding wages, hours, and other conditions of employment of those
employees in the Seattle Department of Parks and Recreation in classifications
for whom the City has recognized the Union as the exclusive collective
bargaining representative pursuant to Public Employment Relations Commission
1.1The City recognizes the Union
as the exclusive collective bargaining representative for the purpose stated in
RCW 41.56 for the bargaining unit defined to include the job titles listed in
Appendix A as certified by the Public Employment Relations Commission in
decision number 3664-PECB and Appendix B and excluding supervisors,
confidential employees, and all other employees of the City. Employees in the
job titles of the bargaining unit as defined shall be employed subject to the
terms and conditions of this Agreement.
1.1.1The term "employee" shall be defined
to include probationary employees, regular employees, full-time employees,
part-time employees, and temporary employees not otherwise excluded or limited
in the following Sections of this Article.
1.1.2The term "probationary employee"
shall be defined as an employee who is within his/her first twelve (12) month
trial period of employment following his/her initial regular appointment within
the classified CivilService.
1.1.3The term "regular employee" shall be
defined as an employee who has successfully completed a twelve (12) month
probationary period and who has had no subsequent break in service as
occasioned by quit, resignation, discharge for just cause, orretirement.
1.1.4The term "full-time employee" shall
be defined as an employee who has been regularly appointed and who has a usual
work schedule of forty (40) hoursperweek.
1.1.5The term "part-time employee" shall
be defined as an employee who hasbeen
regularly appointed and who has a usual work schedule averaging at least twenty
(20) hours but less than forty (40) hours perweek.
1.1.6The terms “temporary employee” and “temporary
worker” shall be defined to include both temporary and less than half time
employees, and means a person who is employedin:
1.An interim assignment of up
to one (1) year to a vacant regular position to perform work associated with a
regularly budgeted position that is temporarily vacant and has no incumbent;or
2.An interim assignment for
short-term replacement of a regular employeeof up to one (1) year when the incumbent is temporarily absent;or
3.A short-term assignment of up
to one (1) year, which may be extended beyondoneyearonlywhiletheassignmentisintheprocessofbeing
converted to a
regular position, to perform work that is not ongoing regular work and for
which there is no regularly budgeted position;or
4.A less than half-time
assignment for seasonal, on-call, intermittent or regularly scheduled work that
normally does not exceed one thousand forty (1040) hours in a year, but may be
extended up to one thousand three hundred (1300) hours once every three years
and may also be extended while the assignment is in the process of being
converted to a regular position;or
5.A term-limited assignment for
a period of more than one (1) but less than three (3) years for time-limited
work related to a specific project, grant or other non-routine substantial body
of work, or for the replacement of a regularly appointed employee when that
employee is absent on long-term disability time loss, medicalor military leave ofabsence.
1.1.7Temporary workers in the following types of
assignments shall ceasereceiving
premium pay at the time indicated and begin receiving wage progression and
benefits as provided in SMC 4.20.055D:
184.108.40.206Interim and short term
assignments after one thousand forty (1040) regular straight time hours for the
remainder of the assignment, unless the Personnel Seattle Human Resources Director
determines that the assignment will terminate so imminently that the benefits
package would be of minimal value to theworker.
starting with the first day and for the duration of the assignment.
220.127.116.11Any assignment that the
appointing authority has proposed be converted to regular position authority
regardless of the number of hoursworked.
term "interim basis" shall be defined as an assignment of a regular
or probationary employee or employees to fill a vacancy in a budgeted position
for a short period while said position is waiting to be filled by a regularly
1.2Temporary employees shall be
exempt from all provisions of this Agreement; except, temporary employees who
have worked at least one hundred forty- four (144) hours in a calendar year
shall be subject to the terms and conditions of this Agreement as follows,
beginning with the first day of the pay period following the attainment of this
threshold number of hours: Sections 1.2; 1.2.1; 1.2.2; 18.104.22.168; 22.214.171.124; 1.2.3;
1.2.5 (only applies if Temporary Employees are benefited); 1.2.6; 1.2.7; 1.2.8
(only applies if Temporary Employees are benefited); 1.2.9; 1.2.10; 1.2.11;
1.2.12; 1.2.13; 1.2.14; Article 3, Union Dues; Sections 4.1; 4.1.1; 4.1.2;
5 (except Sections 5.4; 5.6; 5.7; 5.8); Section 14.1; 14.6; and Article
20, Grievance Procedure; provided, however, temporary employees shall be
covered by the Grievance Procedure solely for purposes of adjudicating
grievances relating to Sections identified within this Section. Where the
provisions in Personnel Rule 11 do not conflict with the expressed provisions
of this Agreement, the Personnel Rule 11 shall apply and be subject to the grievance procedure as provided for in
1.2.1Temporary employees who are
not in benefits-eligible assignments shall be paid for all hours worked at the
first pay step of the hourly rates of pay set forth within the appropriate
Appendix covering the classification of work in which he/she is employed;
provided, however, at the discretion of the department director, and under the
authority of special ordinance allowing same, temporary employees in the job
titles covered by this Agreement may be hired in at any one of the steps of the
salary range applicable to the title. Temporary employees who are in a
benefits-eligible assignment shall receive step increases consistent with
Article 4.2.1, 4.2.4 and4.2.5.
1.2.2Premiums Applicable Only to
City of Seattle Temporary Employees who are not in benefits-eligible
Each temporary employee shall receive premium pay as hereinafter set forth
based upon the corresponding numberof
cumulative non-overtime hours worked by the temporary employee unless the
employee is in a benefits-eligibleassignment:
A...0001st hour through 0520th hour……5% premium pay
through 1,040th hour…..10% premiumpay
C...1,041st hour through
2,080th hour….15% premium pay (If an employee worked 800 hours or more in the
previous twelve  months, they shall receive twenty percent [20%] premiumpay.)
D...2,081st hour + 20% premium pay (If an employee
worked eight hundred  hours or more in the previous twelve  months,
they shall receive twenty-five percent [25%] premiumpay.)
E. The appropriate percentage premium payment
shall be applied to all gross earnings.
126.96.36.199Once a temporary employee
reaches a given premium level, the premium shall not be reduced for that
temporary employee as long as the employee continues to work for the City
without a voluntary break in service as set forth within Section 1.2.8.
Non-overtime hours already worked by an existing temporary employee shall apply
in determining the applicable premium rate. In view of the escalating and
continuing nature of the premium, the City may require that a temporary
employee be available to work for a minimumnumber of hours or periods of time during theyear.
188.8.131.52The premium pay in Section
1.2.2 does not include either increased vacation pay due to accrual rate increases
or the City's share of any retirement contributions. Any increase in a
temporary employee's vacation accrual rate percentage shall be added on to the
premium pay percentages for the temporary employee to whom itapplies.
1.2.3Medical, Dental and Vision Coverage to
Temporary Employees who are not in Benefits-Eligible Positions - Once a temporary employee
has worked at least one thousand forty (1,040) cumulative non-overtime hours
and at least eight hundred (800) non-overtime hours or more in the previous
twelve (12) months, the employee may within ninety (90) calendar days
thereafter elect to participate in the City's medical, dental and vision
insurance programs by agreeing to pay the required monthly premium. To
participate, the temporary employee must agree to a payroll deduction equal to
the amount necessary to pay the monthly health care premiums, or the City, at
its discretion, may reduce the premium pay of the employee who chooses this
option in an amount equal to the insurance premiums. The temporary employee
must continue to work enough hours each month to pay the premiums andmaintain eligibility. After meeting the
requirements stated in this Section, a temporary employee shall also be allowed
to elect this option during any subsequent open enrollment period allowed
regularemployees.An employee who elects to participate in
these insurance programs and fails to make the required payments in a timely
fashion shall be dropped from City medical, dental and vision coverage and
shall not be able to participate again while employed by the City as temporary
unless he or she is converted from receiving premium pay to receiving benefits.
If a temporary employee's hours of work are insufficient for their pay to cover
the insurance premium, the temporary employee may, on no more than one
occasion, pay the difference, or self-pay the insurance premium, for up to
three (3) consecutivemonths.
leave computed at the rate of 0.33 hours for all hours worked and with all
benefits and conditions required by Ordinance 123698 shall be granted to all
temporary employees not eligible for fringe benefits pursuant to
SMC 4.20.055 (C), except that
“work study” employees as defined by the administrative rules promulgated by the Seattle Office of
Civil Rights shall not be eligible for the sick leavebenefit.
1.2.4Holiday Work For
Non-Benefits-Eligible Temporary Employees - A temporary employee who works on any of the
specific calendar days designated by the City
as paid holidays shall be paid at the rate of one and one-half (1 1/2)times his/her regular straight-time hourly
rate of pay for hours worked during his/her scheduled shift. When a specific
holiday falls on a weekend day and most regular employees honor the holiday on
the preceding Friday or following Monday adjacent to the holiday, the holiday
premium pay of one and one-half(11/2)timestheemployee'sregularstraight-timerateofpayshall
apply to those
temporary employees who work on the weekend day specified as theholiday.
1.2.5Benefits-Eligible Temporary Employee Holiday
A temporary employee shall be compensated at his or her straight-time rate of
pay for all officially recognized City holidays that occur subsequent to the
employee becoming eligible for fringe benefits, for as long as he or she
remains in such eligible assignment.
A.To qualify for a holiday pay, the employee must
be on active pay statusthe normally
scheduled workday before or after the holiday as provided by Section6.2.
B.Officially recognized City holidays that fall on
Saturday shall be observed on the preceding Friday. Officially recognized City
holidays that fall on Sunday shall be observed on the following Monday. If the
City’s observance of a holiday falls on a temporary employee’s normal day off,
he or she shall be eligible for another day off, with pay during the same
C.Temporary employees who work less than 80 hours
per pay period shall have their holiday pay pro-rated based on the number of
straight-time hours compensated during the preceding payperiod.
D.A temporary employee shall receive two personal
holidays immediately upon becoming eligible for fringe benefits, provided he or
she has not already received personal holidays in another assignment within the
E.Personal holidays cannot be carried over from
calendar year to calendar year, nor can they be cashedout.
F.A temporary employee must use any personal
holidays before his or her current eligibility for fringe benefits
terminates.If a employee requestsand is denied the opportunity to use his or
her personal holidays duringthe
eligibility assignment, the employing unit must permit him or her to use and be
compensated for the holidays immediately following the last day worked in the
assignment, prior to termination of theassignment.
1.2.6Premium pay set forth within Section 1.2.2
shall be in lieu of the base level of vacation and all other fringe benefits,
such as sick leave, holiday pay, funeral leave, military leave, jury duty pay,
disability leave, and medical and dental insurance, except as otherwise
provided in Sections 184.108.40.206, 1.2.3, and1.2.4.
1.2.7The City may, at any time after ninety (90)
calendar days’ advance notification toanduponconsultationwiththeaffectedcollectivebargaining
provide all fringe benefits covered by the premium pay set forth within Section
1.2.2 to all or some groups (departmental or occupational) of temporary
employees to the same extent that they are available to regular employees
within the same group, and in such event the premium pay provision in Section
1.2.2 shall no longer be applicable to that particular group of temporary
employees. The City, at its discretion, may also after ninety (90) calendar days’ advance notification
to and upon consultation with the affected collective bargaining
representatives, provide paid vacation and/or sick leave benefits to all or
some groups (departmental or occupational) of temporary employees to the same
extent that they are available to regular employees without providing other
fringe benefits, and in such event the premium pay in Section 1.2.2 shall be
reduced by a percentage amount equivalent to the value of vacation and/or sick
leave benefits. The applicable amount for base- level vacation shall be
recognized as four point eight one percent (4.81%), which could be higher
dependent upon accrual rate increases.Theapplicable amount for
base-level sick leave shall be four point six percent (4.6%). The City shall
not use this option to change to and from premiumsand benefits on an occasional basis. The City
may also continue to provide benefits in lieu of all or part of the premiums in
Section 1.2.2 where it has already been doing so, and it may in such cases
reduce the premium paid to the affected employees by the applicablepercentage.
1.2.8A temporary employee who is assigned to a
benefits eligible assignment will receive fringe benefits in-lieu-of premium
pay until the assignment is converted orterminated.
1.2.9The premium pay provisions set forth within
Section 1.2.2 shall apply to cumulative non-overtime hours that occur without a
voluntary break in service by the temporary employee. A voluntary break in
service shall be defined as quit, resignation, service retirement, or failure
to return from an unpaid leave. If the temporary employee has not worked for at
least one (1) year (12months or 26 pay
periods), it shall be presumed that the employee's break in service wasvoluntary.
1.2.10The City may work temporary employees beyond
one thousand forty (1,040) regular hours within any twelve (12) month period;
provided, however, theCity shall not
use temporary employees to supplant regular positions. TheCity shall not assign or schedule temporary
employees (or fail to do so) solely to avoid accumulation of regular hours that
would increase the premium pay provided for in Section 1.2.2 or solely to avoid
considering creation of regular positions.
220.127.116.11In the event that an interim
assignment of a temporary employee to a vacant regular position accrues more
than one thousand five hundred (1500) hoursor accumulates hours in eighteen (18) or more consecutive pay periods,
the City shall notify the union that a labor-management meeting shall takeplace
within two (2) weeks for the purpose of discussing the status of filling
the vacant position prior to one (1)year.
regular hours and who is appointed to a regular position without a voluntary
break in service greater than thirty (30) days shall have his/her time worked
counted for purposes of salary step placement (where appropriate). In addition,
a temporary employee who is in a term-limited assignment shall receive service
credit for layoff purposes if the employee is immediately hired (within thirty
(30) business days without a break in service) into the same job title and
position after the term iscompleted.
1.2.12Temporary employees covered by this Agreement
who have worked for the City for one thousand forty (1040) hours without a
break in service are eligible to apply to all positions advertisedinternally.
1.2.13A temporary employee who has worked one
thousand forty (1040) straight- time hours and is receiving benefits from the
City may by mutual agreement be allowed to accrue compensatory time if the work
unit in which the temporary employee is assigned has a practice/policy of
accruing compensatory time. Scheduling compensatory time shall be by mutual
agreement with the supervisor.If the
temporary employee does not use hisor
her accrued compensatory time prior to the termination of the benefits eligible
assignment, the compensatory time will be cashed out upon termination of theassignment.
1.2.14A temporary employee who receives fringe
benefits in-lieu-of premium pay may be eligible for the sick leave transferprogram.
1.2.15On an annual basis, the City will provide the
Union with a copy of the Temporary Employee UtilizationReport.
1.3The City may establish
on-the-job training program(s) in a different classification and/or within
another bargaining unit for the purpose of providing individuals an opportunity
to compete and potentially move laterally and/or upward into new career fields.
Prior to implementation of such a program(s) relative to bargaining unit
employees, the City shall discuss the program(s) with the appropriate Union or
Unions, and the issue of bargaining unit jurisdiction and/or salary shall be a
proper subject for negotiations at that time upon the request of eitherparty.
1.4As part of its public
responsibility, the City may participate in or establish public employment
programs to provide employment and/or training for and/or service to the City
by various segments of its citizenry. Such programs may result in individuals
performing work for the City that is considered bargaining unit work pursuant
to RCW41.56.Such programs have included andmay
youth training and/or employment programs; adult training and or employment
programs; vocational rehabilitation programs; work-study and student-intern
programs; court-ordered community service programs; programs to employ
developmentally disabled or severely, physically disabled persons known as the
"special employment program"; volunteer programs; and other programs
with similar purposes. Some examples of such programs already in effect include
Summer Youth Employment Program (SYEP), Youth Employment Training Program
(YETP), Work-Study, Adopt-a-Park, Seattle Conservation Corps, and court-ordered
community Service. Individuals working for the City pursuant to such programs
shall be exempt from all provisions of thisAgreement.
1.4.1The City shall have the right to implement new
public employment programs or expand its current programs beyond what exists as
of the signature date of this Agreement December 31, 2014,
but where such implementation or expansion involves bargaining unit work and
results in a significant departure from existing practice, the City shall give
thirty (30) days’ advance written notice to the Union of such and upon receipt
of a written request from the Union thereafter, the City shall engage in
discussions with the Union on concerns raised by the Union. Notwithstanding any
provision to the contrary, the expanded use of individuals under such a public
employment programthat involves the performance
of bargaining unit work within the department beyond what has traditionally
existed shall not be the cause of (1) a layoff of regular employees covered by
this Agreement, or (2) the abrogation of a regular budgeted full-time position
covered by this Agreement that recently had been occupied by a regular
full-time employee who performedthe
specific bargaining unit work now being or about to be performed by an
individual under one of the City's public employmentprograms.
1.5An employee who is assigned
to work out of class from a classification falling under one bargaining unit to
another bargaining unit shall remain under the jurisdiction of the initial
bargaining unit until such time as he or she is regularly appointed to theposition.
2.1The City and the Union shall
not unlawfully discriminate againstany
employee by reason of race, creed, age, color, sex, national origin, religious
belief, marital status, sexual orientation, gender identity, veteran status, political
ideology, ancestry, or the presence of any sensory, mental, or physical
handicap unless based on a bona fide occupational qualification reasonably
necessary to the operations of theCity.
2.1.1Wherever words denoting a specific gender are
used in this Agreement, they are intended and shall be construed so as to apply
equally to eithergender.
2.1.2Disputes involving this Article must be
processed through the appropriate local, state, or federal agency. Such
disputes shall not be subject to the grievance procedure contained within thisAgreement.
ARTICLE 3--UNION MEMBERSHIP ANDDUES
3.1It shall be a condition of
employment that each employee covered by this
Agreement who voluntarily is or who voluntarily becomes a member of said
Union shall remain a member of same during the term of this Agreement. Any
employee hired or permanently assigned into a bargaining unit position on or
after signing of this Agreement shall, on or before the thirtieth (30th) day
following the beginning of such employment, join the Union or pay an amount
equivalent to the regular monthly dues of the Union. Failure by any such
employee to apply for and/or maintain such membership or pay an amount
equivalent to the regular monthly dues of the Union in accordance with this
provision shall constitute cause for discharge of such employee; provided,
however, the requirements to apply for Union membership and/or maintain Union
membership shall be satisfied by the employee's payment of theregular initiation fee or regular
reinitiation fee or the regular dues uniformly required by the Union of its
members as a servicefee.
3.1.1The Union service fee shall be payable under
the terms of this Article beginning with the thirty-first (31st) day following
the employee's first date of employment or, for temporary employees, commencing
with coverage by this Agreement pursuant to Section 1.2. A temporary employee
may, in lieu of the Union membership requirements set forth within Section 3.1,
pay a Union service fee in an amount equivalent to one and one-half percent
(1.5%) of the total gross earnings received by the temporary employee for all
hours worked within the bargaining unit each biweekly pay period, commencing
with the first day of the pay period beginning after the employee has worked
one hundred forty-four (144) hours in the bargaining unit in the calendaryear.
3.1.2Employees who are determined by the Public
Employment Relations Commissiontosatisfythereligiousexemptionrequirementsof RCW
41.56.122 shall contribute an amount equivalent to regular Union dues and
initiation fees to a non-religious charity or to another charitable
organization mutually agreed upon by the employee affected and the bargaining
representative to which such employee would otherwise pay the regular monthlydues.
3.2Failure by an employee to
abide by the afore-referenced provisions of this Article shall constitute cause
for discharge of such employee; provided, however, it shall be the
responsibility of the Union to notify the City in writing when it is seeking
discharge of an employee for non-compliance withSections 3.1 or 3.1.1 or 3.1.2 of this
Article. When an employee fails to fulfill the Union security obligations set
forth within this Article, the Union shall forward a "Request For
Discharge Letter" to the affected department head (with copies to the
affected employee and the City Director of Labor Relations). Accompanying the
Discharge Letter shall be a copy of the letterto
the employee from the Union explaining the employee's obligation under
Article III, Sections 3.1 or 3.1.1 or3.1.2.
3.2.1The contents of the "Request For Discharge
Letter" shall specifically request the discharge of the employee for
failure to abide by Sections 3.1 or 3.1.1or
of Article III, but provide the employee and the City with thirty (30) calendar days’ written notification of the
Union's intent to initiate discharge action, during which time the
employee may make restitution in the amount that is overdue. Upon receipt of
the Union's request, the affected department head or designee, shall give notice in
writing to the employee, with a copy to the Union and the City Director of
Labor Relations, that the employee faces discharge upon the request of the
Union at the end of the thirty (30) calendar day period noted in the Union's
"Request For Discharge Letter" and that the employee has an
opportunity before the end of said thirty (30) calendar day period to present
to the affected department any information relevant to why the department
should not act upon the Union's written request for the employee'sdischarge.
3.2.2In the event the employee has not yet fulfilled
the obligation set forth within Sections 3.1 or 3.1.1 or 3.1.2 of this Article
within the thirty (30) calendar day period noted in the Request For Discharge
Letter, the Union shall thereafter reaffirm in writing to the affected
department head, with copies to the affected employee and the Director of Labor
Relations, its original written request for discharge of such employee. Unless
sufficient legal explanation or reason is presented by the employee why
discharge is not appropriate or unless the Union rescinds its request for the
discharge the City shall, as soon aspossible thereafter, effectuate the discharge of such employee. If the
employee has fulfilled the Union security obligation within the thirty (30)
calendar day period, the Union shall so notify the affected department head in
writing, with a copy to the City Director of Labor Relations and the affected
employee. If the Union has reaffirmed its request for discharge, the affected
department head shall notify the Union in writing, with a copy to the City Director
of Labor Relations and the affected employee, that the Department effectuated
the discharge and the specific date such discharge was effectuated, or that the
department has not discharged the employee, setting forth the reasons why it
has not doneso.
3.3The City shall deduct from
the pay check of each employee who has so authorized it, the regular initiation
fee and regular monthly dues uniformly required of members of the Union or the
alternative biweekly Union service fees required of temporary employees per
Section 3.1.1. The amounts deducted shall be transmitted monthly to the Union
on behalf of the employees involved. The Union shall indemnify and save
harmless the City against any and all liability arising out of this Article. If
an improper deduction ismade,theUnionshallrefunddirectlytotheemployeesuchamount.
the employee shall be on a form approved by the parties hereto and may be
revoked by the employee uponrequest.
ARTICLE 4--CLASSIFICATIONS AND RATES OFPAY
4.1The classifications of employees covered under
this Agreement and the corresponding rates of pay are set forth within Appendix
"A" and “B” attached hereto and made a part of thisAgreement.
4.1.1Effective December 26, 2007 December 31, 2014, the base wage rates, as
displayed in the Appendices of this Agreement, reflect an increase of3.82.0%.
4.1.2Effective January 7,
30, 2015, the
base wage rates, as displayed in the Appendices of this Agreement, reflect an
increase of 2.0%.wages will be increased
by 100% of the annual average growth rate of the bi-monthly
Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) for the period June 2007 through June 2008 to the
period June 2008 through June2009.
4.1.3Effective January 6,
28, 2016, the
base wage rates, as displayed in the Appendices of this Agreement, reflect an
wages will be increased by 100% of the annual average growth
rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W) for the period August 2004
through June 2005 to the period August 2005 through June2006.
27, 2017, the base wage rates, as displayed in the Appendices of this
Agreement, reflect an increase of2.75%.
For 2006 and 2007, the percentage increases shall be at least
two percent (2%) and not more than seven percent(7%).
4.1.5The base wage rates referenced above shall be
calculated by applying the appropriate percentage increase to base hourly rates
or as otherwise provided forherein.
4.1.6In the event the "Consumer Price
Index" becomes unavailable for purposes of computing any one of the
afore-referenced increases, the parties shall jointly request the Bureau of
Labor Statistics to provide a comparable index for purposes of computing such
increase and if that is not satisfactory, the parties shall promptly undertake
negotiations solely with respect to agreeing upon a substitute formula for determining
4.2An employee, upon first appointment or
assignment shall receive the minimum rate of the salary range fixed for the
position as set forth within Appendix “A” and Appendix “B” attached hereto;
provided however, appointment may be at a higher step at the discretion of the
department director, as allowed byordinance.
4.2.1An employee shall be granted the first automatic step increase in salary
rate upon completion of six (6) months of "actual service" when hired
at the first step of the salary range, and succeeding automatic step increases
shall be granted after twelve (12) months of "actual service" from
the date of eligibility for the last step increase to the maximum of the range.
Actual service for purposes of this Section shall be defined in terms of one
month's service for each month of full-time employment, including paid
absences. This provision shall not apply to temporary employees prior to
regular appointment, except as otherwise provided for in Section 1.2.10 and
except that step increments in the out-of-class title shall be authorized when
a step increase in the primary title reduces the pay differential to less than
what the promotion rule permits, provided that such increment shall not exceed
the top step of thehigher salary range.
Further, when an employee is assigned to perform out-of-class duties in the
same title for a total of twelve (12) months (each 2088 hours) of actual service,
he/she will receive one-step increment in the higher-paid title; provided that
he/she has not received a step increment in the out-of-class title based on
changes to the primary pay rate within the previous twelve (12) months, and
that such increment does not exceed the top step of the higher salary range.
However, hours worked out-of-class,that
wereproperly paid per Article 5.9 of
this Agreement, shall apply toward salary step placement if the employee’s
position is reclassified to the same title as the out-of-class assignment
within twelve (12) months of the end of suchassignment.
4.2.2For employees assigned salary steps other than
the beginning step of the salary range, subsequent salary increases within the
salary range shall be granted after twelve (12) months of actual service from
the appointment or increase, then at succeeding twelve (12) month intervals to
the maximum of the salary range established for theclass.
4.2.3In determining actual service for advancement
in salary step, absence due to sickness or injury for which the employee does
not receive compensationmay at the
discretion of the City be credited at the rate of thirty (30) calendar days per
year.Unpaid absences due to other
causes may, at the discretionof the
City, be credited at the rate of fifteen (15) calendar days per year. For the
purposes of this Section, time lost by reason of disability for which an
employee is compensated by Industrial Insurance or Charter disability
provisions shall not be considered absence. An employee who returns after
layoff, or who is reduced in rank to a position in the same or another
department, may be given credit for such priorservice.
4.2.3Any increase in salary based on service
shall become effective upon the firstday immediately following completion of the applicable period ofservice.
4.2.5Changes in Incumbent Status
An employee transferred to another position in the same class or having an
identical salary range shall continue to becompensatedatthesamerateofpayuntilthecombinedservice
fulfilled for a step increase and shall thereafter receive step increases as
provided in Section4.2.1.
4.2.6Promotions - An employee appointed to a position in a
class having a higher maximum salary shall be placed at the step in the new
salary range which provides an increase closest to but not less than one salary
step over the most recent step received in the previous salary range
immediately preceding the promotion, not to exceed the maximum step of the new
salary range; and provided further, that this provision shall apply only to
appointments of employees from regular full-time positions and shall not apply
toappointments from positions designated
as "intermittent" or "as needed". However, hours worked
out-of-class shall apply toward salary step placement if the employee is
appointed to the same title as the out-of-class assignment within twelve (12)
months of the end of suchassignment.
4.2.7An employee demoted because of inability to
meet established performance standards from a regular full-time or part-time
position to a position in a class having a lower salary range shall be paid the
salary step in the lower range determined asfollows:
A.If the rate of pay received in the higher class
is above the maximum salary for the lower class, the employee shall receive the
maximum salary of the lowerrange.
B.If the rate of pay received in the higher class
is within the salary range for the lower class, the employee shall receive that
salary rate for the lower class which, without increase, is nearest to the
salary rate to which such employee was entitled in the higher class; provided
however, the employee shall receive not less than the minimum salary of the
4.2.8An employee reduced because of organizational
change or reduction in force from a regular full-time or part-time position to
a position in a class having a lower salary range shall be paid the salary rate
of the lower range which is nearest to the salary rate to which he/she was
entitled in his/her former position without reduction; provided however, such
salary shall in no event exceed the maximum salary of the lower range. If an
employee who has completed twenty-five (25) years of City service and who
within five (5) years of a reduction in lieu of layoff to a position in a class
having a lower salary range, such employee shall receive the salary he/she was
receiving prior to such second reduction as an "incumbent" for so
long as he/she remains in such position or until the regular salary for the
lower class exceeds the "incumbent" rate ofpay.
4.2.9When a position is reclassified by ordinance to
a new or different class having a different salary range, the employee
occupying the position immediately priortoandatthetimeofreclassificationshallreceivethesalaryratewhich
shall be determined in the same manner as for a promotion; provided
however, if the employee's salary prior to reclassification is higher than the
maximum salary of the range for such new or different class, he/she shall
continue to receive such higher salary as an "incumbent" for so long
as he/she remains in position or until the regular salary for the
classification exceeds the "incumbent" rate ofpay.
4.2.10Correction of Payroll Errors - In the event it is determined there has been an error in an employee’s
paycheck, an underpayment shall be corrected within two pay periods; and, upon
written notice, an overpayment shall be corrected asfollows:
A.If the overpayment involved only onepaycheck;
1.By payroll deductions spread
over two pay periods;or
2.By payments from the employee
spread over two payperiods.
B.If the overpayment involved multiple paychecks,
by a repayment schedule through payroll deduction not to exceed twenty-six (26)
pay periods in duration, with a minimum payroll deduction of not less than
twenty-five dollars ($25) per payperiod.
C.If an employee separates from the City service
before an overpayment is repaid, any remaining amount due the City will be
deducted from his/her finalpaycheck(s).
D.By other means as may be mutually agreed
between the City and the employee. The union representative may participate in
this process at the request of the involved employee. All parties will
communicate/cooperate in resolving theseissues.
ARTICLE 5--HOURS OF WORK ANDOVERTIME
5.1For all hours worked in
excess of forty (40) in a work week, an employee shall be paid at a rate one
and one-half (1 1/2) times the base hourly rate of his/her job title. The
seven-day work week shall be defined as beginning on Wednesday and ending at
midnight seven days later on Tuesday. Other work weeks of seven consecutive
twenty-four (24) hour periods may be defined to accommodate specified
schedules, but must be defined as such in writing to the employee. There shall
be two (2) consecutive days off in a row for regular fulltime employees unless
mutually agreed upon by both the employee and thesupervisor.
5.1.1Meal Period - Employees scheduled to work
at least a six (6) hour shift shall receive a meal period that shall normally
commence no less than two (2) hours nor more than five (5) hours from the
beginning of the employee's regular shift or when he/she is called in to work
on his/her regular day off. The meal period shall be no less than one-half
(1/2) hour nor more than one (1) hour in duration and shall be withoutcompensation.
18.104.22.168For a shift of six (6) hours, upon request of
an employee and agreement by the supervisor, the shift may be scheduled without
22.214.171.124Should an employee be required to work through
the scheduled meal period and unable to reschedule the meal period some other
time during the shift, all hours worked shall be compensated. In no event will
meal periods be scheduled at the end of ashift.
5.1.2Rest Breaks - Employees scheduled to work
at least a seven (7) hour shift shall receive a fifteen (15) minute rest break
during the first four (4) hour period of their workday and a second fifteen
(15) minute rest break during the second four (4) hour period in their workday.
Employees shall be compensated at their prevailing wage rate for time spent
while on restbreaks.
126.96.36.199Employees scheduled to work at least a four (4)
hour, but less than seven (7) hour shift shall receive one fifteen (15) minute
rest break during the shift if no meal period as provided for in 5.1.1 is
scheduled to betaken.
5.1.3Where work conditions require continuous
staffing throughout a work shift for seven (7) consecutive days or more, the
City may, in lieu of the meal period and rest periods set forth within Sections
5.1.1 and 5.1.2, provide a working meal period and working rest periods during
working hours without a loss in pay so that such periods do not interfere with
5.2Nothing herein shall be
construed to guarantee any employee a number of hours ofwork.
5.3Meal Reimbursement - When an employee is
specifically directed by the City to work two (2) hours or longer at the end of
his/her normal work shift of at least eight (8) hours, or work two (2) hours or
longer at the end of his/herwork shift
of at least eight (8) hours when he/she is called in to work onhis/her regular day off, or otherwise works
under circumstances for which meal reimbursement is authorized per Ordinance
111768, and the employee actually purchases a reasonably priced meal away from
his place of residence as a result of such additional hours of work, the
employee shall be reimbursed for the "reasonable cost" of such meal
in accordance with Seattle Municipal Code (SMC) 4.20.325. In order to receive
reimbursement, the employee must furnish the City with a dated original
itemized receipt from the establishment indicating the time of the meal no
later than forty-eight (48) hours from the beginning of his/her next regular
shift; otherwise, theemployee shall be
paid a maximum of ten dollars ($10.00) in lieu of reimbursement for themeal.
5.3.1To receive reimbursement for a meal under this
provision, the following rules shall be adheredto:
A.Said meal must be eaten within two (2) hours
after completion of the overtime work. Meals shall not be saved, consumed,
andclaimed atsome laterdate.
B.In determining "reasonable cost" the
following shall also beconsidered:
1.The time period during which
the overtime isworked;
2.The availability of
reasonably priced eating establishments at thattime.
C.The City shall not reimburse for the cost of
5.3.2In lieu of any meal compensation as set forth
within this Section, the Citymay, at
its discretion, provide ameal.
5.3.3Meal reimbursement while on
Travel Status -
An employee shall be reimbursed for meals while on travel status at the federal
per diem rate. An employee will not be required to submit receipts for meals and may retain any unspent portion of an
advance cash allowance formeals.
5.4Compensatory Time off in Lieu of OvertimePay
A.Compensation for overtime work, by mutual
agreement of the department and the employee, may be in compensatory time off
in an amount equal to one and one-half (1 1/2) times the number of hoursworked.
B.Earned compensatory time may be scheduled off by mutual agreement of the employee and
C.The department will develop a policy to
determine the maximum amountof
compensatory time that may be accumulated. Such policy may also set a date or
time period by which compensatory time will be used and if not used that it
will be paid for at the prescribedrate.
5.5Notwithstanding the other
Sections of this Article, the department may, following consultation and
agreement with the Union, implement a four (4) day, forty (40) hour work week.
It will be clearly established whether an alternative work schedule is
applicable for a temporaryemployee.
5.5.1For employees who work a four (4) day, forty
(40) hour work week or other alternative work schedule, the following shallapply:
If a holiday is observed on a Saturday or on a Friday that is the normal
day off, the holiday will be taken on the last normal workday. If a holiday is
observed on a Monday that is the normal day off or on a Sunday, the holiday
will be taken on the next normal workday. This schedule will be followed unless
the employee and his/her supervisor determine that some other day will be taken
off for the holiday; provided, however, that in such case the holiday time must
be used no later than the end of the following pay period. If the holiday falls on a Tuesday, Wednesday or
Thursday that is theemployee's normal
scheduled day off, the holiday must be scheduled off no later than the end of
the following payperiod.
5.5.2Employees, including those on alternate work
schedules, shall receiveeight
(8) hours pay per
holiday (except as identified in 6.1.2. and6.2.
188.8.131.52Employees working an alternate work schedule
during a holiday work week are permitted to make scheduling or pay status
A.Employees may revert back to a 5-day/40 hour
work week, in which the holiday falls, ifavailable.
B.Employees may use vacation or compensatory time
to supplement the 8- hour holiday pay
to achieve full pay for the work week without making other scheduling
adjustments, or at the employees’ discretion, to be unpaid.
C.By mutual agreement, pre-arranged between the
employee and his or her supervisor, employees may work beyond their normally
scheduled workday hours to make up holiday hours. These holiday make-up hours
will not be counted as overtime and must be worked during the work week in
which the holiday fails. In the event that a request for a modified holiday
work week schedule cannot be accommodated, such denial shall not be arbitrary
NOTE: Past practice with regard to holiday pay for employees on alternate
work assignments consistent with the 1991 directive on holiday pay will
5.6Work Outside of Classification - Work out of class is a
management tool, the purpose of which is to complete essential public services
whenever an employee is assigned by proper authority to perform the normal,
ongoing duties of and accept responsibility of a position. When the duties
ofthehigher paid position are clearly outside the scope of an employee's
regular classification for a period of three (3) consecutively scheduled work
hours or longer, he/she shall be paid at the out-of-class salary rate while
performing such duties and accepting such responsibility. The out-of-class rate
shall be determined in the same manner as for a promotion. "Proper
authority" shallbe a supervisory
employee in the line of organization least at the level of Recreation
Coordinator, manager, or director directly above the position that is being
filled out of class who has budget management authority of the work unit. The
City shall have the sole authority to direct its supervisors as to when to
assign employees to a higher classification. Employees must meet the minimum
qualifications of the higher class and must have demonstrated or be able to
demonstrate their ability to perform the duties of the class. (If an employee
is mistakenly assigned out-of-class who does not meet the above qualifications,
the City will stop the practice immediately once discovered and will see that
the out-of-class is paid for work already performed.) TheCity may work employees out of class across
bargaining unit jurisdictions for a period not to exceed six (6) continuous
months for any position. The six (6) month period may be exceeded under the
following circumstances: (1) whena
hiring freeze exists and vacancies cannot be filled; (2) extended industrial or
off-the-job injury or disability; (3) when a position is scheduled for
abrogation; or (4) a position is encumbered (an assignment in lieu of layoff).
When such circumstances require that an out-of-class assignment be extended
beyond six (6) months for any position, the City shall notify the Union that
represents the employee who is so assigned and/or the body of work that is
being performed on an out-of-class basis. After nine (9) months, the Union that
represents the body of work being performed out of class must concur with any
additional extension of the assignment. The Union that represents the body of work
will consider all requests on a good-faithbasis.
5.6.1The practice of no out-of-class pay for paid
leave will continue except
that any sick leave taken in lieu of working a scheduled out-of-class
assignment must be paid at the same rate as the out-of-class assignment. Such
paid sick leave shall count towards salary step placement for the out-of-class
assignment or in the event of a regular appointment to the out-of-class title
within 12 months of the out-of-classassignment.
5.6.2Effective January 06, 1999, Recreation
Attendants, when assigned the monitoring of facilities in the absence of a
higher-level supervisor for three(3)
or more shall be paid an additional hourly premium pay of one dollar ($1.00)
per hour while soassigned.
5.6.3An employee may be temporarily assigned to perform the duties of a lower
classification without a reduction in pay. When employees voluntarily
applyfor and voluntarily accept a
position in a lower-level classification, they shall receive the salary rate
for the lower class, which, without increase, is nearest to the salary rate to
which such employee was entitled in the higher class. For such temporary
period, the employee shall continue to pay dues to the Union of the higher
class. The overtime provisions applicable are those of the contract covering
the bargaining unit position the employee previously or normally holds. At
management’s discretion, an employee may be temporarily assigned the duties of
a lower-level class or the duties of a class with the same pay rate range as
his/her primary class, across Union jurisdictionallines, with no change to his or her regular
pay rate. Out-of-class provisions related to threshold for payment, salary step
placement, service credit for salary step placement, and payment for absences
do not apply in these instances.
5.6.4Out-of-class work shall be formally assigned in
advance of the out-of-class opportunity created in normal operating conditions.
Where the work is not authorized in advance, it is the responsibility of the
proper authority to determine immediately how to accomplish the duties that
would otherwise constitute an out-of-class assignment. Any employee may request
that this determination be made. The employee will not carry out any duty of
the higher-level position when such duty is not also a duty of his or her own
classification, if the employee is not formally assigned to perform the
dutieson an out-of-classbasis.
5.6.5No employee may assume the duties of the
higher-paid position without being formally assigned to do so except in a bona
fide emergency. When an employee has assumed an out-of-class role in a bona
fide emergency, the individual may apply to his or her department director for
retroactive payment of out-of-class pay. The decision of the department
director as to whether the duties were performed and whether performance
thereof was appropriateshall befinal.
5.6.6The department shall make a reasonable effort
to accommodate employees who have an off-the-job injury or illness with
light-duty work if such work is available.
5.6.7An employee who is temporarily unable to
perform the regular dutiesof his/her
classification due to an off-the-job injury or illness may opt to perform work
within a lower-paying classification dependent upon the availability of such
work and subject to the approval of the City. The involved employeeshallreceivethesalaryrateforthelowerclass,which,withoutincrease,is
nearest to the
salary rate to which such employee was entitled in the higher class.
5.7A regular employee who is
scheduled to work not less than four (4) hours of his/her regular work shift
during the evening (swing) shift or night (graveyard) shift, shall receive the
following shift premiums for all scheduled hours worked during suchshift:
5.7.1Effective December 30, 2015, a
regular employee who is scheduled to work not less than four (4) hours of
his/her regular work shift during the evening (swing) shift or night
(graveyard) shift, shall receive the following shift premiums for all scheduled
hours worked during suchshift:
5.7.2The above swing shift differential shall be due
for a ten-hour shift beginning at 2:00 p.m., orlater.
above shift premium shall apply to time worked as opposed to time offwith pay; and therefore, for example, the
premium shall not apply to sick leave, vacation,
holiday pay, funeral leave, or other paid leave benefit. Employees who work one
of the shifts for which a premium is paid and who are required to work
overtime, shall have the shift premium included as part of the base hourly rate
for purposes of computing the overtime rate pursuant to the requirements of the
Fair Labor StandardsAct.
5.7.42 The swing shift period shall encompass the hours
from 4:00 p.m. to midnight.The
graveyard shift period shall encompass the hours from midnight to 8:00 a.m.
5.8Stand-by Time for Overnights - Upon management approval
when staff members show up to go on an overnight, they will get paid either
regular time, overtime or standby pay excluding meal breaks until they leave to
go home after the program ends. Each employee will review each program with
their Supervisor to agree on pay parameters and discuss them prior to the
5.8.1Employees working overnights should be given
breakfast, lunch, and dinner breaks, up to one hour each inlength.
5.8.2Employees who are placed on Standby Duty by the
City shall be paid at the rate of ten percent (10%) of the employee’s
straight-time hourly rate ofpay.
6.1The following days, or days in lieu thereof,
shall be recognized as paid holidays:
Luther King, Jr.'s Birthday 3rd Monday in January Presidents’Day3rd
Holidays (0-9 years of service (1-18,720hours)).
Holidays (after completion of 9 years of service (18,721 hours)).
6.1.1Employees who haveeither:
A.completed eighteen thousand seven hundred and
twenty (18,720) hoursor more on regular
B.are accruing vacation at a rate of .0615orgreater
on or before
December 31st of the current year shall
receive an additionaltwo
holidays for a total of four (4) personal holidays to be added to their leave
balance on the pay date of the first full pay period in January ofthe followingyear.
6.1.2Whenever any paid holiday falls upon a Sunday,
the following Monday shall be recognized as the paid holiday. Whenever any paid
holiday falls upon a Saturday, the preceding Friday shall be recognized as the
paid holiday; provided, however, paid holidays falling on Saturday or Sunday
shall be recognized and paid pursuant to Section 6.4 on those actual days
(Saturday or Sunday) for employees who are regularly scheduled to work those
days. Payment pursuant to Section 6.4 shall be made only once per affected
employee for any oneholiday.
6.1.3A permanent part-time employee shall receive
paid holiday time off (or paid time off in lieu thereof) based upon
straight-time hours compensated during the pay period immediately prior to the
pay period in which the holiday falls. The amount of paid holiday time off for
which the part-time employee is eligibleshall bein proportiontotheholiday timeoffprovided forfull-time
employees. For example, a full-time employee working eighty (80) hours per
pay period would be eligible for eight
(8) hours’ off with pay on a holiday,while
a part-time employee who works forty (40) hours during the pay period preceding the holiday would be eligible for
four (4) hours’ off withpay.
6.2To qualify for holiday pay,
City employees shall have been on pay status their normal workday before or
their normal workday following the holiday; provided, however, employees
returning from non-pay leave who start work the day after a holiday shall not
be entitled to pay for the holiday preceding their first day ofwork.
6.3. The Personal Holiday shall be used during the
calendar year as a regularholiday.
Use of the Personal Holiday shall be requested in advance. Whenthe Personal Holiday has been approved in
advance and is later canceled by the City with less than a thirty (30) day
advance notice, the employee shall have the option of rescheduling the day or
receiving holiday premium pay pursuant to Section 6.4 for all time worked on
the originally scheduled PersonalHoliday.
6.4An employee who has been given at least forty-eight (48) hours’ advance
notice and who is required to work on a holiday shall be paid for the holiday
at his/her regular straight-time hourly rate of pay and, in addition, he/she
shall receive one and one-half (1 1/2) times his/her regular straight-time
hourly rate of pay for those hours worked on the holiday; or by mutual
agreement between the affected employee and the City, the employee may receive
one and one-half (1 1/2) times those hours worked in the form of compensatory
time off to be taken at another mutually agreed upondate.
6.5In the event an employee is required to work without having been given
at least a forty-eight (48) hours’ advance notification on a holiday he/she
normally would have off with pay, said employee shall be paid for the holiday
at his/her regular straight-time hourly rate of pay and, in addition, he/she
shall receive two (2) times his/her regular straight-time hourly rate of pay
for those hours worked on the holiday; or by mutual agreement between the
affected employee and the department, the employee may receive two (2) times those hours worked in the form of
compensatory time off to be taken at another mutually agreed upondate.
7.1Annual vacations with pay shall be granted to
eligible employees computed at the rate shown in Section 7.3 for each hour on
regular pay status as shownon the
payroll, but not to exceed eighty (80) hours per payperiod.
status" is defined as regular straight-time hours of work plus paid time
off such as vacation time, holiday time off, compensatory time, and sick leave.
At the discretion of the City, up to one hundred sixty (160) hours per calendar
year of unpaid leave of absence may be included as service for purposes of
accruing vacation. Time lost by reasons of disability for which an employee is
compensated by Industrial Insurance or Charter Disability provisions shall not
be considered absence. An employee who returns after layoff shall be given
credit for such priorservice.
7.3The vacation accrual rate shall be determined in accordance with the ratesset forth in Column No. 1. Column No. 2
depicts the corresponding equivalent annual vacation for a regular full-time
employee. Column No. 3 depicts the maximum number of vacation hours that can be
accrued and accumulated by an employee at anytime.
7.4An employee who is eligible for vacation
benefits shall accrue vacation from the date of entering City service or the
date upon which he/she becomes eligible and may accumulate a vacation balance
which shall never exceed at any time two (2) times the number of annual
vacation hours for which the employee is currently eligible. Accrual and
accumulation of vacation timeshall
cease at the time an employee's vacation balance reaches the maximum
balance allowed and shall not resume until the employee's vacation balance is
below the maximumallowed.
7.5Employees may, with department approval, use
accumulated vacation with pay after completing one thousand forty (1,040) hours
on regular paystatus.
7.6In the event that the City
cancels an employee's already scheduled and approved vacation, leaving no time
to reschedule such vacation before the employee's maximum balance will be
reached, the employee's vacation balance will be permitted to exceed the
allowable maximum and the employee shall continue to accrue vacation for a
period of up to three (3) months if such exception is approved by both the
department head and the PersonnelSeattle Human Resources Director
in order to allow rescheduling of the employee's vacation. In such cases the
department head shall providethe PersonnelSeattle Human Resources Director with the
circumstances and reasons leading to the need for such an extension.No extension of thisgrace period shall beallowed.
7.7The minimum vacation allowance to be taken by
an employee shall be one-half (1/2) of a day, or at the discretion of the
department head, such lesser amount as may be approved by the departmenthead.
7.8An employee who separates from City service for
any reason after more than six (6) months' service shall be paid in a lump-sum
for any unused vacation he/she hasaccrued.
7.9Upon the death of an employee in active
service, pay shall be allowed for any vacation earned and not taken prior to
the death of suchemployee.
7.10Where an employee has exhausted his/her sick
leave balance, the employee may use vacation for further leave for medical
reasons subject to verification by the employee’s medical care provider.
Employees who are called to active military service or who respond to requests
for assistance from Federal Emergency Management Agency (FEMA) may, at their
option, use accrued vacation in conjunction with a leave ofabsence.
7.11The department head shall arrange vacation time
for employees on such schedules as will least interfere with the functions of
the department, butwhich accommodate
the desires of the employee to the greatest degree feasible.
ARTICLE 8--SICK LEAVE, FUNERAL LEAVE, AND EMERGENCYLEAVE
8.1Sick Leave - Regular employees shall
accumulate sick leave credit at the rate of .046 hours for each hour on regular
pay status as shown on the payroll, but not more than forty (40) hours per
week. New employees enteringCity
service shall not be entitled to sick leave with pay during the first thirty
(30) days of employment but shall accumulate sick leave credits during suchthirty
day period.Sick leave credit may be
used for bona fide casesof:
A.Illness or injury that prevents the employee
from performing his/herregularduties;
B.Disability of the employee due to pregnancy
C.Medical or dental appointments for theemployee;
D.Care of family members as required of the City
by state law and/or as defined and provided for by City of Seattle ordinance,
which may be repealed in whole or in part by an initiative, in which case the
parties shall renegotiate this provision in accordance with the terms of
from a worksite that has been closed by orderofapublic official to limit exposure to
an infectious agent, biologicaltoxin,orhazardousmaterial.
from work to care for a child whose school orplaceofcare has been
closed by order of a public official to limit exposuretoaninfectious agent, biological toxin, or hazardousmaterial.
related to domestic violence, sexual assault,orstalkingas set out in
8.1.1Abuse of sick leave shall be grounds for
8.1.2Unlimited sick leave credit may beaccumulated.
8.1.3Upon retirement, twenty-five percent (25%) of
an employee's unused sick leave credit accumulation can be applied to the
payment of health care premiums or to a cash payment at the straight-time rate
of pay of such employee in effect on the day prior to hisretirement.
184.108.40.206Cash payments of unused sick
leave may be deferred for a period of one (1) year or less, providing the
employee notifies the his/her DepartmentPersonnel Human Resources Office
of his/her desires at the time of retirement. Request for deferred cash
payments of unused sick leave shall be made inwriting.
8.1.4Upon the death of an employee, either by
accident or natural causes, twenty-five percent (25%) of such employee's
accumulated sick leave credits shall be paid to his/her designatedbeneficiary.
8.1.5Change in position or
transfer to another City department shall not result in a loss of accumulated
sick leave. An employee reinstated or reemployed within one (1) year in the
same or another department after termination of service, except after dismissal
for cause, resignation, or quitting, shall be credited with all unused sick
leave accumulated prior to suchtermination.
8.1.6Compensation for the first four (4) consecutive
workdays of absence shall be paid upon approval of the PersonnelSeattle Human Resources Director or his/her
designee. In order to receive compensation for such absence, employees shall
make themselves available for suchreasonable investigation, medical or otherwise, as the PersonnelSeattle Human Resources Director or his/her
designee shall see fit to havemade.
220.127.116.11Compensation for such absences beyond four (4)
continuous days shall be paid only after approval of the PersonnelSeattle Human Resources Directoror his designee of a request from the
employee supported by a report of the employee's physician. The employee shall
provide himself/herself with such medical treatment or take such other
reasonable precautions as necessary to hasten recovery and provide for an early
18.104.22.168Upon request by the
employing unit, an employee shallprovide
cancellation of his or her child’s school, daycare,orother childcare service or program for sick leave use greater
thanfourdaysfor reasons authorized in
Article 8.1.F of thisAgreement.
authority may also require that a request for paid sickleavetocover absences
greater than four days for reasons set forthunderArticle8.1.G
of this Agreement be supported by verification that the employeeor
employee’s family member is a
victim of domestic violence, sexual assault, or
stalking, and that the leave taken was for a reason eligible as set outinRCW49.76.030. An
employee may satisfy such requestbyprovidingdocumentation as set out in RCW49.76.040(4).
8.1.7Conditions Not Covered - Employees shall not be
eligible for sick leavewhen:
A.Suspended or on leave without pay and when laid
off or on other non-pay status;
B.Off work on aholiday;
C.This provision shall not prevent the taking of
sick leave by an employee whoisreceivingtreatmentforalcoholismordrugaddictionas
recommended by a
physician, psychiatrist, certified social worker, or other qualifiedprofessional;
D.An employee works during his free time for an
employer other thanthe City of Seattle
and his/her illness or disability arisestherefrom.
8.1.8Prerequisites for Payment - The following applicable
requirements shall be fulfilled in order to establish an employee's eligibility
for sick leavebenefits.
22.214.171.124Prompt Notification - The employee shall promptly
notify the immediate supervisor, by telephone or otherwise, on the first day
off due to illness and each day thereafter unless advised otherwise by the
immediate supervisor. For those absences of more than one day, notification on
his/her first day off with an expected date of return shall suffice. The
employee shall notify the immediate supervisor as far as possible in advance of
the scheduled time to report for work, particularly where a relief replacement
is necessary when the employee isabsent.
126.96.36.199Notification While on Paid Vacation or
Compensatory Time Off - If an employee is injured or is taken ill
while on paid vacation or compensatory time off, he/she shall notify his/her
department on the first day of disability, however, if it is physically
impossible to give the required notice on the first day, notice shall be sent
as soon as possible and shall be accompanied by an acceptable showing of
reasons for the delay. A doctor's statement or other acceptable proof of
illness or disability, while on vacation or compensatory time off, must be
presented regardless of the number of daysinvolved.
188.8.131.52Filing Application - Unless there are
extenuating circumstances, the employee shall submit the required application
for sick leave pay within sixteen (16) working hours after his/her return to
duty. However, if he/she is absent because of illness or injury for more than
eighty (80) working hours, he/she shall then file an application for an
indefinite period of time. The necessary forms shall be available to the
employee through his/her department supervisor.
184.108.40.206 Claims to Be in
15 Minute Increments - Sick leave shall be claimed in 15minute increments to the nearest full 15
minute increment, a fraction of less than 8 minutes being disregarded. Separate
portions of an absence interrupted by a return to work shall be claimed on separate
220.127.116.11 Limitations of
Claims - All sick leave claims shall be limited to the actualamount of time lost due to illness or
disability. The total amount of sick leave claimed in any pay period by an
employee shall not exceed the employee's sick leave accumulation as shown on
the payroll for the pay period immediately preceding his/her illness or
disability. It is the responsibility of his/herdepartmenttoverifythatsickleaveaccountshavenotbeen
overdrawn; and if
a claim exceeds the number of hours an employee has to his/her credit, the
department shall correct his/herapplication.
18.104.22.168Rate of Pay for Sick Leave
Used - An employeewho uses paidsickleaveshall be compensated at the
rate of pay he or she would have earnedhadheor she worked as scheduled, with the exception of
overtime(SeeArticle22.214.171.124).For example, an employee who misses a schedulednightshiftassociated with a graveyard premium pay would receive thepremiumforthose hours
missed due to sick leave. (See also Articles 5.8 and 5.9.1forsickleave use and rate of pay for out-of-class
assignments and standbyduties.)
126.96.36.199Rate of Pay for
Sick Leave Used to Cover Missed Overtime -Anemployeemay use paid
leave for scheduled mandatory overtime shifts missedduetoeligible sick leave reasons. Payment for the missed shifts shall beatthestraight-time rate of pay the employee would have
earned had heorsheworked. An employee may not use paid sick leave formissedvoluntaryovertime shifts, which is scheduled work that the
employee electedoragreedto add to his or herschedule.
188.8.131.52Sick Leave Transfer Program - Employees shall be afforded
the option to transfer and/or receive sick leave in accordance with the terms
and conditions of the City's Sick Leave Transfer Program as established and set
forth by City Ordinance. All benefits and/or rights existing under such program
may be amended and/or terminated at any time as may be determined appropriate
by the City. All terms, conditions, and/or benefits of such program shall not
be subject to the grievanceprocedure.
8.2Bereavement/Funeral Leave - Regular employees shall be allowed one (1) day off without salary
deduction for bereavement purposes in the event of the death of any close
relative; provided, however, where attendance at a funeral requires total
travel of two hundred (200) miles or more, one (1) additionalday with pay shall be allowed; provided,
further, the department head may, when circumstances require and upon
application stating the reasons therefore, authorize for such purpose not to
exceed an additional four (4)days
chargeable to the sick leave account of the employee, but no combination of
paid absence under this Section shall exceed five (5) days for any one (1)
period of absence. In like circumstances and upon likeapplication, the department head may
authorize for the purpose of attending the funeral of a relative other than a
close relative, a number of days off work not to exceed five (5) days
chargeable to the sick leave account of an employee. For purposes of this
Section, the term “close relative” shall mean the spouse or domestic partner,
child, mother, stepmother, father, stepfather, brother, sister, grandchild,
grandfather, or grandmother of the employee or spouse or domestic partner; and
the term “relative other than a close relative” shall mean the uncle, aunt,
cousin, niece, nephew, or the spouse ordomestic
partner of the brother, sister, child, or grandchild of the employee or
8.2.1Bereavement/Funeralleavemaybeallowedforbereavementpurposes and/or attendance at the funeral of
any other relative as allowed by City Ordinance 114648. Such relatives shall be
determined as close relatives or relatives other than close relatives pursuant
to the terms of Ordinance 114648 for purposes of determining the extent of
bereavement/funeral leave or sick leave allowable as provided for in Section
8.2. In theeventOrdinance 114648 is repealed in whole or in
part by an initiative, the parties shall renegotiate this provision in
accordance with the terms of Article21.
8.3Emergency Leave - One (1) day or portion
thereof per Agreementyear without loss
of pay may be taken off subject to approval of the employee's supervisor and/or
department head when it is necessary that the employee be immediately off work
to attend to one of the following situations either ofwhich necessitates immediate action on the
part of theemployee:
A.The employee's spouse, child, parent, or
domestic partner has unexpectedly become seriously ill or has had a serious
B.An unforeseen occurrence with respect to the
employee's household (e.g., fire or flood, or ongoing loss of power).
"Household" shall be defined asthe physical aspects of the employee'sresidence.
The "day" shall be no more than the equivalent of the number of
hours the employee is scheduled to work that day but in no event more than
eight (8) hours.
8.4Paid Parental Leave - Employees who
meet the eligibility requirements ofthe
Seattle Municipal Code Chapter
4.27, “Paid Parental Leave,” may take leave for
bonding with their newchild.
8.5Paid Leave for 2010 Furloughs -
Employees who furloughed in 2010 shall receive
the same number of leave hours taken in 2010 and those hours willbe split equally to be used in 2016 and 2017.
In no case shall employees receive more than eighty (80) hours leave. Employees
shall take the leave provided under this paragraph in full-day increments to
the extent possible and the hours will not carry over to the following year.
Employee must be in regular or benefit eligible temporary status in order to receive
this benefit. In the case that the employee did not take furlough days in 2010
had planned to retire, and then
elected not to retire and subsequently “paid” for
those furlough days, they will be compensated with the sameleave.
ARTICLE 9--INDUSTRIAL INJURY ORILLNESS
9.1Any employee who is disabled
in the discharge of his/her duties and if such disablement results in absence
from his/her regular duties, shall be compensated, except as otherwise
hereinafter provided, in the amount of eighty percent (80%) of the employee's normal
hourly rate of pay, not to exceed two hundred sixty-one (261) regularly
scheduled workdays counted from the first regularly scheduled workday after the
day of the on-the-job injury; provided the disability sustained must qualify
the employee for benefits under State Industrial Insurance and Medical AidActs.
9.1.1Whenever an employee is injured on the job and
compelled to seek immediate medical treatment, the employee shall be
compensated in full for the remaining part of the day of injury without effect
to his/her sick leave or vacation or other paid leave account. Scheduled
workdays falling within only the first three (3) calendar days following the
day of injury shall be compensated through accrued sick leave. Any earned
vacation or other paid leave may be used in a like manner after sick leave is
exhausted, provided that, if neither accrued sick leave nor accrued vacation or
other paid leave is available, the employee shall be placed on no-pay status
for these three (3) days. If the period of disability equals or extends beyond fourteen (14) calendar
days, then (1) any accrued sick leave, vacation, or other paid leave utilized
due to absence from his/her regular duties as provided for in this Section
shall be reinstated and the employee shall be paid in accordance with Section
9.1, which provides payment at the eighty percent (80%) rate; or (2) if no sick
leave vacation, or other paid leave was available to the employee at that time,
then the employee shall thereafter be compensated for the three (3) calendar
days at the eighty percent (80%) compensation rate described in Section9.1.
9.1.2Such compensation shall be authorized by the PersonnelSeattle Human Resources Director or his/her
designee with the advice of such employee's department head on request from the
employee supported by satisfactory evidence of medical treatment of the illness
or injury giving rise to such employee's claim for compensation under SMC 4.44,
as now or hereinafter amended.
9.1.3In no circumstances will the amount paid under
these provisions exceed an employee’s gross pay minus mandatory deductions
(taxes, retirement). This provision shall become effective when SMC 4.44,
Disability Compensation, is revised to incorporate thislimit.
9.1.4Employees must meet the standards listed in SMC
4.44.020 to be eligible for the benefit amount provided herein that exceeds the
rate required to be paid by state law, hereinafter referred to as supplemental
benefits. These standardsrequirethatemployees:(1)complywithallDepartmentofLabor
Industries rules and regulations and related City of Seattle and employing
department policies and procedures; (2) respond, be available for, and attend
medical appointments and treatments and meetings related to rehabilitation, and
work hardening, conditioning, or other treatment arranged by the City and
authorized by the attending physician; (3) accept modified or alternative duty
assigned by supervisors when released to perform such duty by the attending
physician; (4) attend all meetings scheduled by the City of Seattle Workers’ Compensation unit or employing department
concerning the employee’s status or claim when properly notified at
least five (5) working days in advance of such meeting unless other medical
treatment conflicts with the meeting and the employee provides twenty-four (24) hours’ notice of such meeting
184.108.40.206 The City
will provide a copy of the eligibility requirements to employees when they file a workers’ compensation claim. If
records indicate two (2) no-shows, supplemental benefits may be
terminated no sooner than seven (7) calendar days after notification to theemployee.
9.2Compensation for holidays and
earned vacation falling within a period of absence due to such disability shall
be at the normal rate of pay, but such days shall not be considered as
regularly scheduled workdays as applied to the time limitations set forth
within Section 9.1. Disabled employees affected by the provisions of SMC 4.44
shall continue to accrue vacation and sick leave as though actively employed
during the period set forth within Section 9.1.
9.3Any employee eligible for the
benefits provided by SMC 4.44 whose disability prevents him/her from performing
his/her regular duties, but in the judgmentof his/her physician could perform duties of a less strenuous nature,
shall be employed at his/her normal rate of pay in such other suitable duties
as the department head shall direct, with the approval of such employee's
physician until the PersonnelSeattle Human Resources Director
requests closure of such employee's claim pursuant to SMC 44, as now or
9.4Sick leave shall not be used
for any disability herein described except as allowed in Section9.1.
disability compensation shall be understood to be in lieu of State Industrial
Insurance Compensation and MedicalAid.
9.6Appeals of any denials under
this Article shall be made through the Department of Labor and Industries as
prescribed in Title 51RCW.
ARTICLE 10--PROBATIONARY PERIOD AND TRIAL SERVICEPERIOD