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A. Authorization for Leave. Except as otherwise provided in this chapter, any applicable collective bargaining agreement, or as required by law, all requests for leave must be approved by an employee’s supervisor or Department Head.

B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken, and generally is not granted to a new employee prior to the completion of six (6) months’ satisfactory service. Vacations shall be scheduled in conformance with union contracts, nonunion agreements and departmental policy. Vacation leave shall be requested on forms provided by the City and should be submitted not less than thirty (30) calendar days prior to the time requested. Vacations shall be approved by the Department Head, and where conflicts arise, seniority shall prevail except in the case of Department Heads and their immediate assistants.

C. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the City Manager has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances.

D. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on City-authorized, City-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service; provided, that employees returning from such absences shall be entitled to credit for service prior to the leave.

E. Accrual Limitation. Management and confidential employees are required to take at least 75% of their annual vacation accrual as time off each year. All management and confidential employees may elect to receive up to forty (40) hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee’s total vacation accrual exceed twice the amount of the employee’s annual accrual without written approval from his/her Department Head.

F. Scheduling. Vacation times shall be scheduled based on the City Manager’s or Department Head’s judgment as to the needs of efficient operations.

G. Payment on Termination. An employee terminated after six (6) months of employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid.

H. Administrative Leave. Exempt management employees may be granted up to one (1) week of administrative leave each July at the discretion of their Department Head or the City Manager. The purpose of administrative leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for administrative leave, and it can only be taken as time off during the year in which it is granted. Administrative leave must be used by June 30 each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for administrative leave. In the event of a termination, the City may require prorated repayment of administrative leave at the rate of 3.3333 hours for each calendar month remaining in the year after the date of termination.

I. Vacation Accrual. Management and other nonrepresented employees shall be eligible for vacation with pay in accordance with the schedule set by resolution of the City Council.

J. Sick Leave. Employees shall accrue sick leave at the rate of eight (8) hours per month of full service or twelve (12) hours per month for 56 hours/week personnel. Sick leave shall only be used when unable to perform their work duties by reason of illness or injury, or to care for an ill or injured dependent, or to attend a medical appointment that cannot be scheduled for a time other than during the work day.

Employees who are ill are encouraged to use sick leave to become well and to prevent the spread of their illness (if applicable) to co-workers and the public. A supervisor may require that an employee with an illness leave the workplace. A decision to send a sick employee home must be based on observable symptoms and behaviors that lead a reasonable person to conclude that the employee is unable to perform his/her basic job duties or presents a threat of infection to co-workers or the public. Supervisors shall consider the seriousness of the illness and the relative risk to the work group. If the employee disagrees with the supervisor’s assessment, the City may require the employee to visit urgent care. If the employee receives documentation from the urgent care physician approving an immediate return to work, the City shall pay for the urgent care visit and the time associated with the urgent care visit shall be counted as time worked.

K. Unscheduled Leave.

1. Employees are responsible for regular attendance at their jobs, pursuant to AMC 3.08.120. Excessive unscheduled absences create a burden on the other members of the work team and can negatively impact service to customers.

2. Unscheduled leave is any nonqualifying FMLA/OFLA leave that is not approved in advance. Unscheduled leave can be related to an employee or a family member becoming ill, but can also include unexpected events that result in an absence. If an employee is required to leave work due to an illness, the incident shall be considered unscheduled leave. Supervisors have the discretion to waive an incident due to extenuating circumstances.

3. Supervisors may require documentation from a health care provider for any unscheduled leave equal to or greater than three consecutive work shifts.

4. Inappropriate or excessive use of unscheduled leave may be cause for disciplinary action. Inappropriate use includes feigning illness, deceitful use of sick leave, or failure to provide requested documentation for an absence. Excessive unscheduled leave is defined as seven occurrences during a rolling 12-month period. FMLA/OFLA qualifying leave shall not be included in calculating excessive unscheduled leave.

5. An employee who takes excessive unscheduled leave, as defined above, may be required to provide documentation of the reason for any additional unscheduled leave of any length of time within a 12-month rolling period.

6. An absence of more than one day for the same reason is considered one occurrence. If the days are not consecutive, a doctor’s note may be requested to establish that the absences are linked.

7. For performance evaluations, an employee must have no more than six unscheduled leave occurrences, as defined above, to receive a “Meets Standards” for attendance.

L. Leave of Absence. An employee granted a leave of absence will be required to use all accrued and unused compensatory time and all accrued and unused paid leave time before the employee may take leave without pay. After an employee’s paid time is exhausted, any leave granted or permitted will be without pay.

All leave used (paid or unpaid) shall be recorded on the employee’s Payroll Time and Leave Worksheet. Each Department Head is responsible for ensuring that all leave used by employees in his/her department is accurately recorded and reported on the monthly Payroll Time and Leave Worksheets.

M. Leave of Absence Without Pay. An employee’s Department Head may grant a leave of absence without pay not to exceed thirty (30) calendar days. Leaves of absence without pay for periods in excess of thirty (30) days must be approved by the City Manager and the employee’s Department Head except for leaves of absence which, by law, an employee is entitled to take.

N. Special Leave – Closure of City Offices. In the event of weather-related or other conditions determined to be an emergency by the City Council or the City Manager, the Council or the City Manager may decide to close City offices. For purposes of this section, an emergency includes, but is not limited to, conditions due to the following:

1. Snow/ice;

2. Building problem;

3. Bomb threat;

4. Volcano;

5. Forest fire;

6. Earthquake;

7. Flood;

8. Terrorist threat;

9. Civil unrest.

In the event of a declared emergency resulting in closure of City offices, employees must report to alternate City offices that may be established. If City offices are closed in an emergency and alternate City offices are not yet established, employees will be granted leave with pay for the duration of the closure. If City offices are open for business and an employee does not report to work due to weather-related or other conditions, the time off will be deducted from the employee’s accrued paid leave unless it is determined by the City Manager that the employee could not report to work due to extraordinary circumstances.

O. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be allowed to take a reasonable amount of leave determined by the City Manager and Human Resources Department to address domestic violence, sexual assault, or stalking of the employee or his or her minor dependents (ORS 659A.272). The employee must have been employed with the City for at least six (6) months and worked an average of more than twenty-five (25) hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department and it must be for an authorized purpose. An authorized purpose includes seeking legal or law enforcement assistance or remedies; seeking medical treatment or recovering from injuries; obtaining counseling or services from a victim services provider; or relocating or taking steps to secure a safe home for the employee or minor child. The employee shall provide the Human Resources Department and his/her Department Head with as much advance notice as is practicable. The City may require certification of the need for the leave, such as a police report; protective order; or documentation from a law enforcement officer, attorney, or victim services provider.

If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. If all paid time is exhausted, the employee may request unpaid leave. Upon request from an employee, the City shall make reasonable work safety accommodations for an employee that is victim of domestic violence, sexual assault, or stalking.

P. Criminal Proceedings Leave. An employee who is a felony crime victim shall be allowed to take leave to attend a felony criminal proceeding involving the employee or immediate family, defined as spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent (ORS 659A.192). The employee must provide reasonable advance notice of the leave, provide copies of the notices of the criminal proceedings, have been employed with the City for at least six (6) months, and worked an average of more than twenty-five (25) hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department. If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. The employee shall not use sick leave. If all paid time is exhausted, the employee may request unpaid leave. (Ord. 3192 § 56, amended, 11/17/2020; Ord. 3078, added, 11/20/2012)