HomeMy WebLinkAbout2020-01 - Res. Amending Res. 89-19 Personnel Policy, amending Washington Paid Family & Medical Leave 2020-01 (formally known as 20-01)
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 89-19 MASON COUNTY PERSONNEL
POLICY AMENDING CHAPTER 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE
AND CHAPTER 8.5 NO SMOKING POLICY
WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the
coordination of county administrative programs, which is accomplished through the adoption of
the Personnel Policy; and
WHEREAS, it is necessary and appropriate to change the current language in
Payment of Premiums and Taking Leave and replace it with language in compliance with
Washington Paid Family and Medical Leave, Chapter 50A.04 RCW; and
WHEREAS, it is necessary and appropriate to update the No Smoking Policy
language and replace it with language in compliance with Smoking In Public Places Chapter
70.160 RCW.
NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners
hereby amends Resolution 89-19, Mason County Personnel Policy amending Chapter 7.9
Washington Paid Family & Medical Leave and Chapter 8.5 No Smoking Policy as outlined in
Attachment A. This resolution shall become effective immediately upon its passage.
Tan" Zoe
ADOPTED THIS —7 day of Deemer, 20,k9.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST: J�' xo>
Kevin Shitty, 9fiair
'x )4-�
M iss rewry, CAerk of the Board
Rarr6y Neatherlin, ommissioner
APPROVED AS TO FORM
Sharon Trask', Commissioner
Timothy Whitehead,
Deputy Prosecuting Attorney
C: Elected Officials&Department Heads
7.9 WASHINGTON PAID FAMILY&MEDICAL LEAVE
Effective December 31, 2019 Mason County shall remove the Shared Leave Program based
on the Washington Paid Family& Medical Leave, which pays employees who qualify,for
family medical leave based on a qualifying event.
from, or whese parent, speuse OF child is suffeFiRg from an e)(traordinaFy OF seveFe illness,
injUFY, OF phys*Eal OF mental Eenditien which has Eaused OF;S likely tO Eause the employee to
take leave witheut pay OF to teffninate his/heF employment. The felleWing Eenditiens apply:
i. TO be eligible to denate vaEatien leave, the employee whe denates leave must ha
FneFe than ten (io) days Of aEErued leave. in ne event shall a leave transfer-Fesult in
the doneF empleyee reducing his/her vacation leave balanEe to less than ten (10)
days. Te be eligible to donate siE!( leave, the empleyee who donates leave must have
meFe than thiFty(3e) d, of leave. in ne event shall a leave tFansfor Fesuit in the
dener ernpleyee r„d, Eing hip IheF STEL leave balanEe to less than thirty(30)ddays.
TTransfeF Of lea will be in inEFements Of One day Of leave.All donatiens Of I.,aye aFe
2. The employee FeEeiving d„nated leave shall have exhausted II hi Ih m�plated
-u�� viii/��ir u�.�u���u�u«.0
leave time. Donated vaEatien leave shall be Eenverted to SiEk leave for the FeEipient.
3. While an empleyee is using shaFed leave, he or she Will Eentinue tO FeEeive the same
treatment, i eEt t . salar..and benefits, as the employee �e�euld Otho
, , cwvuaa Otherwise
u`
FeEeive if using vaEatien OF SiEk leave.
4. Th tFansfer- f leave d the arneunt Of leave shall be authorized by the BeaFd in
advance.
5. NO employee shall FeEeive mere than 269 days Of denated leave during theiF
empleyrnent with the Ceunty.
[RESOLUTION89-fig.—9/3[-g]
Paid Family and Medical Leave Overview:
Paid Family and Medical Leave,RCW 5oA.o4 is a mandatory statewide insurance program
that will provide almost every Washington employee with paid time off to give or receive
care.
If you qualify, this program will allow you to take up to 12 weeks, as needed, if you:
• Welcome a child into your family(through birth, adoption or foster placement) •
Experience a serious illness or injury
• Need to care for a seriously ill or injured relative
• Need time to prepare for a family member's pre-and post-deployment activities, as
well as time for childcare issues related to a family member's military deployment.
For specifics on military-connected paid leave, visit
www.dol.gov/whd/regs/compliance/whdfS28mc.pdf
If you face multiple events in a year, you might be eligible to receive up to 16 weeks, and up
to 18 weeks if you experience a serious health condition during pregnancy that results in
incapacity.
Payment of Premiums:
The program is funded by premiums paid by both employees and employers. It will be
administered by the Employment Security Department (ESD).
Premium collection started on Jan. 1, 2019. In 2o1g, the premium is 0.4 percent of wages.
Employers can either pay the full premium or withhold a portion of the premium from their
employees. Employers who choose to withhold premiums from their employees may
withhold up to about 63 percent of the total premium, or$2.44 per week for an employee
making$5o,000 annually.The employer is responsible for paying the other 37 percent.
Businesses with fewer than 5o employees are exempt from the employer portion of the
premium but must still collect or opt to pay the employee portion of the premium.
Premium collection began Jan. 1, 2019. Your employer will calculate and withhold premiums
from your paycheck and send both your share and theirs to ESD on a quarterly basis.
Washingten Paid Family&MediEal Leave CeE)Fdinated with OtheF Leayes.!
Employees whe have aEEFued YaEation, SiEk eF etheF paid tirne eff Fnay Eheese te take SUEh
leave or--- FeEeive paid family and FnediEal leave benefits, as PFOVided feFin R041 50A ea.ei!e.Washingten Paid Family&MediEal Leave benefits payments, Feffesents the -
An eFnpley-- ----.-.- Washington Paid Family and MediEal Leaye payments dUFing a faFnily
andler-FnediEal Felated leave shall use enly the RuFnbeF ef leave heuFs-that, tegetheF with the
,
me al pay fee the same per-ied: } iE al Ser-v'iEes ell"Will EalE plate use of paid leave
h . ba h L+ fiFSt da h +h
rn�arrvrra-re�Acrctf�-�- -=��.i-virc�-cv-t�} " bM1=r-rTE�}-crre empleyee was eff weF!(. IR-n6
event shall hMed'Eal Lea
0
i
i
MediEal Leave. Once the employee eleEts te use paid leave te supplement hisiher eaFnings-,
the empleyee may net reveFse the eleEtion. An empleyee may net elect to use en-lj-a
Empleyees whe elect te use his/heF aEErued leave te supplement theiF wage while en family
and/OF mediEal leave shall bFing theiF Washington Paid Family& MediEal Leave EheEk in te
paid te the ernpleyee duFing the family and/or rnediEal leave. OREe the employee makes
payment te Mason County and FinanE:ial SeFvic=es rt n
deposit,appFeves the
employee's the
submit,Any empleyee whe EelleEts both a full aEEFLied— leave Pa.--he-61- aFid a Washingten Paid Family
& h4ediEal Leave payment SHALL Femit the Washingten Paid Family& MediEal Leave
payment to the EOunty. in the event an empleyee does not
the Washington Paid
Family& Medical Leave payment to the county may be subject te diSEiplinar-y aEtion fe
mir---s; falsifying,ngf - abusing lea e
-
Taking Leave:
Starting Jan. 1, zozo, employees who have worked 82o hours in the qualifying period (equal
to 16 hours a week for a year) will be able to apply to take paid medical leave or paid family
leave. The 82o hours are cumulative, regardless of the number of employers or jobs
someone has during a year.All paid work over the course of the year counts toward the 820
hours, including part-time, seasonal and temporary work.
While on leave, you are entitled to partial wage replacement. That means you will receive a
portion of your average weekly pay. The benefit is generally up to go percent of your weekly
wage, with a minimum of$goo per week and a maximum of$1,000 per week. You will be
paid by the Employment Security Department rather than your employer.
Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may
take Paid Family and Medical Leave if they meet the standard eligibility requirements.
Please go to paidleave.wa.gov
for more information on applying for benefits.
Leave Protection:
Employees who return from leave under this law will be restored to a same or equivalent job
if they work for an employer with 50 or more employees, have worked for this employer for
at least 12 months, and have worked 1,25o hours in the 12 months before taking leave (about
24 hours per week, on average).
You can keep your health insurance while on leave. If you contribute to the cost of your
health insurance, you must continue to pay your portion of the premium cost while on leave.
Your employer is prohibited from discriminating or retaliating against you for requesting or
taking paid leave.
[RESOLUTION 89'i9--9/3/i9]
8.5 NO SMOKING POLICY
For health and safety considerations, the County prohibits smoking and vaping by
employees on all County-owned, leased, or operated and all county property is designated
as non-smoking and vaping free areas. Smoking and vaping is prohibited in all buildings and
vehicles owned or leased by the County are offices or other facilities rented or leased by the
County.
Public Areas:The term "public area" is defined for the purpose of the No Smoking Policy,
but not limited to: all hallways, conference rooms, elevators, restrooms, lobbies, stairwells,
reception areas, and any other areas which are: (1) open to the public, or(z) areas which
employees are required to pass through during the course of employment.
Smoking: The term "smoke" or"smoking" is defined for the purpose of the No Smoking
Policy, but not limited to;the carrying or smoking of any kind of lighted all smeking of
cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes, or any
other lighted smoking equipment.
Vape: The term "vape" or"vaping" is defined for the purpose of this chapter as inhaling or
exhaling the vapor produced by any noncombustible product that may contain nicotine or a
marijuana product and that employs a heating element, power source, electronic circuit, or
other electronic, chemical, or mechanical means, regardless of shape or size, that can be
used to produce vapor or aerosol from a solution or other substance including any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
County Property:The term "county property" is defined as the grounds and parking lots
surrounding county buildings and all county parks. County property does not include:
(1) Private vehicles and residences unless otherwise required by individual or group
contracts with the county;
(z) County roads;
(3) Any person passing by or through county property while on a public sidewalk or
public right-of-way has not intentionally violated this chapter.
No smoking signs and removal of ashtrays:The depaFt ent of FaEolitie PaFkS Q. T-Fai4s
Facilities Department shall post and maintain no-smoking and no-vaping signs in all public
areas and county property as defined herein, and remove ashtrays from those public areas.
Pursuant to RCW Chapter_70.16o.o7o - Intentional Violators, any person intentionally
violating this policy by smoking or vaping in a public place, place of employment or within
twenty-five feet of doors, windows that open and ventilation intakes or any person
removing, defacing or destroying a sign required by this policy is subject to a civil fine of up
to one hundred dollars. The county sheriff's department shall enforce this policy by issuing a
notice of civil infraction to be assessed in the same manner as traffic infractions.
All county employees shall be encouraged to help educate the public about the non-smoking
and vaping policy by reminding violators not to smoke or vape on the property and by
adding the policy to all use agreements and event publications. Violators, who refuse to
comply with the smoking and vaping policy, may be asked to leave the county property.
The appropriate department director or elected official shall be responsible for educating
employees about the non-smoking policy and shall resolve intentional employee violations
of the policy through disciplinary action.
Interpretation of this chapter shall be in a manner that is consistent with RCW Chapter
70.160 Washington Clean Indoor Air Act, prohibiting smoking in all public places and places
of employment.
[PER ORDINANCE 91-o6, 8/ii/2oo6] [PER ORDINANCE ]