HomeMy WebLinkAboutOrdinance No. 2278-2008Suggested by: Administration
CITY OF KENE4I
ORDINANCE NO. 22?'~-280
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 23.40.030 CLARIFYING THAT ANNUAL LEAVE IS A COMBINED SICK AND
VACATION LEAVE AND TO ALLOW EMPLOYEES TO BORROW UP TO A SIX (6)
MONTH ENTITLEMENT OF ANNUAL LEAVE UPON EXHAUSTION OF ANNUAL LEAVE
WITH APPROVAL OF THE CITY MANAGER WHEN ABSENT FROM WORK DUE TO
EDUCATION OR TRAINING.
WHEREAS, KMC 23.40.030 currently allows employees to borrow up to a six (6)
month entitlement of annual leave in the event of significant illness or injury not
covered by worker's compensation when their annual leave is exhausted and upon
approval of the City Manager; and,
WHEREAS, employees absent from work for long periods of time while furthering their
education or training may need to borrow leave time upon exhaustion of annual leave
and approval of the City Manager; and,
WHEREAS, KMC 23.40.030 should be amended to clarify that annual leave granted to
city employees is a combined sick and vacation leave.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 23.40.030 is amended as follows.
23.4.®3® Annual leave.
f a) Annual leave is a combined vacation and sick leave.
[(A)] ~ Accrual rate:
(1) Full-time classified employees except certain Fire Department employees:
16 hours per month-first two (2) years of service.
18 hours per month-three (3) through five (5) years of service.
20 hours per month-six (6) through ten (10) years of service.
22 hours per month-more than ten (10) years of service.
(2) Fire (Based on a 56-hour week):
22.4 hours per month-first two (2) years of service.
25.2 hours per month-three (3) through five (S) years of service.
28.0 hours per month-six (6) through ten (10) years of service.
30.8 hours per month-more than ten (10) years of service.
[B]_(~ Annual leave is charged on anhour-for-hour basis; i.e., normal work day of
eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work
day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual
leave; twenty-four (24) hour work day, twenty-four (24) hours annual leave.
ORDINANCE NO. 2278-2008
PAGE2OF3
[C]jctj Leave continues to accrue during the period of time an employee is on paid
leave except during periods of terminal leave (leave time after which the employee does
not intend to return to work). Leave does not accrue during periods of leave without
pay.
[D]je] Accrued and unused leave may be carried over from one (1) year to the next for
the purpose of accumulating an annual leave account or reserve. The maximum leave
hours that may be accrued is six hundred forty (640) hours for classified and exempt,
and eight hundred ninety-six (896) hours for Fire Department employees working the
fifty-six (56) hour week.
[E]f~f Annual leave may be used for any purpose desired by the employee. Incidental
absences for sickness as unplanned are not controllable. However, planned absences
must be coordinated with and approved by the appropriate department head.
[F]jgj It is required that each employee use a minimum of eighty (80) hours of leave
per calendar year for employees working forty (40) hours per week, and one hundred
twelve (17.2) hours for employees working the equivalent of fifty-six (56) hours per
week, and affect appropriate coordination with the department head. If actual hours
used are less than the minimum requirement, then the difference shall be deducted
from available leave hours without any compensation to the employee.
[G]jh] Excess leave above the amount authorized for accrual [Paragraph (a)(2)(d)
above] existing on December 31st shall automatically be paid at the then existing rate
for the individual employee.
[H]ji1 Department heads shall schedule vacations for their respective employees with
due consideration for the desires of the employees and the work requirements facing
the department. Vacation schedules may be amended to allow the department to meet
emergency situations.
[I]Jjj In the event of significant illness or injury not covered by Workman's
Compensation, or absence due to trainine or education an employee on exhausting
annual leave may, with the approval of the City Manager, borrow up to a six (6) month
entitlement (i.e., 6 x 16 hours) to avoid a no-pay status. In the event the person's
employment with the City ends prior to the borrowed leave being repaid, the employee
must reimburse the City for the value of any leave not repaid. The City may deduct
the value of any leave not repaid from the employee's fmal paycheck.
[J] f k~ Part-time employees working fifteen (15) hours a week or more shall accrue at
the same rate as a full-time employee except on a proportional basis as to hours.
[K]jl] Supervisory and professional positions of the classified and exempt services
considered to be exempt from the provisions of the Fair Labor Standards Act shall
have annual leave charged on an eight (8) hour/whole day basis. If any such
employee is present for work during any portion of a day, that employee shall not be
charged annual leave for that day. Conversely, if any such employee is absent from
her or his normal place of work for an entire day (excluding Saturdays, Sundays, and
holidays) that employee will be charged eight (8) hours of annual leave for that day.
ORDINANCE NO. 22'78-2008
PAGE 3 OF 3
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
February, 2008.
PAT PORTER, MAYOR
ATTEST: ~j"~
>cf ~i 4-'9~~~
Carol L. Freas, City Clerk
Introduced: January 16, 2008
Adopted: February 6,2008
Effective: March 6. 2008