2.55.390 Sick leave.
(1) All full-time employees accrue sick leave benefits at the rate of eight hours for each calendar month of continuous employment. Permanent part-time employees may accrue sick leave benefits on a pro rata basis according to hours worked. The total accumulation of sick leave shall not exceed 720 hours (prorated for permanent part-time employees) at the normal rate of pay.
(2) All limited duration or hours employees shall accrue sick leave benefits at the rate of one hour of paid leave for every 40 hours worked as an employee. The total accumulation of sick leave shall not exceed 40 hours at the normal rate of pay.
(3) Sick leave must be taken in minimum increments of a quarter hour.
(4) If any holidays fall within the days of illness, it shall not be charged against the sick leave of the employee.
(5) Employees accrue and may use sick leave during their probation periods. Employees do not accrue sick leave benefits during a leave without pay.
(6) Sick leave covers those situations in which an employee is absent from work due to:
(a) An absence resulting from an employee’s mental or physical illness, injury, or health condition; to accommodate the employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care; provided, that the employee must make a reasonable effort to schedule nonemergency appointments at times which have the least interference with the work day;
(b) To allow the employee to provide care for a family member (as defined in subsection (7) of this section) with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; provided, that the employee must make reasonable effort to schedule nonemergency appointments at times which have the least interference with the work day;
(c) When the employee’s place of business has been closed by order of a public official for any health-related reason, or when an employee’s child’s school or place of care has been closed for such a reason;
(d) Absences that qualify for leave under the Domestic Violence Leave Act, Chapter 49.76 RCW;
(e) Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others;
(f) Use of a prescription drug which impairs job performance or safety;
(g) Actual periods of temporary disability associated with pregnancy or childbirth. Employees may request additional time off beyond the actual period of disability; vacation leave, compensatory time, or leave without pay may be used;
(h) Employees are eligible for up to three days’ parental leave, chargeable to sick leave, to assist at home, when his or her spouse, registered domestic partner, or co-parent has given birth to or adopted a newborn child;
(i) The death of an immediate family member, not to exceed three days when the death was within the state of Washington, or five days when the death was out of state. Immediate family members shall be as defined in CMC 2.55.200(2).
(7) For purposes of subsection (6)(b) of this section, “family member” means any of the following:
(a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;
(b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
(c) A spouse;
(d) A registered domestic partner;
(e) A grandparent;
(f) A grandchild; or
(g) A sibling.
(8) A doctor’s certificate may be required when an employee is absent for a period in excess of three days. The town may also request the opinion of a second doctor at the town’s expense to determine whether the employee suffers from a chronic physical or mental condition which impairs his/her ability to perform the job. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee’s absenteeism prevents the orderly and efficient provision of services to the citizens of the town.
(9) Employees who use all their accumulated sick leave and require time off work due to illness or injury may, with the mayor’s prior approval, take leave without pay.
(10) Employees are not eligible for leave under the Federal Family and Medical Leave Act (FMLA) until the town employs at least 50 employees; however, employees may qualify for leave under the Washington State family and medical leave program if they meet the state’s requirements. Vacation, sick leave and/or any other benefits do not accrue while an employee is on leave without pay. (Ord. 666 § 4, 2022; Ord. 643 § 9, 2021; Ord. 605 § 4, 2018)