Seattle Police Manual

4.110 – Timekeeping (General)

Effective Date: 10/8/2010

POLICY

The earning and use of time by all employees of the Department shall be done in the manner prescribed by State law, City ordinance, labor contracts, or any other lawful agreements.

I. Definitions and Work Schedule Requirements

A. Work period: The recurring unit of time in days in which work hours are counted for the purpose of calculating overtime.

B. Work week:

1. For non-sworn employees who are not represented by a bargaining unit, shall begin at 0000 hours Wednesday and end at 2359 hours Tuesday.

a. This shall be the “work period” used to calculate overtime.

2. For represented employees, shall be determined by the appropriate collective bargaining agreement.

C. Hours worked: Includes all the time an employee is required to be on-duty or at a prescribed workplace

1. Eight hours shall constitute a day’s work, and five days shall constitute a week’s work, unless another work shift is specified by an employee’s collective bargaining agreement or an alternative work shift has been implemented.

2. Alternative shifts: Parties may, by mutual agreement, establish alternative shifts for work units within the department

a. All requests for alternative shifts must be proposed through a Labor Management Committee process that may include an Employee Involvement Committee.

D. Tour of Duty:

1. Sworn employees are allowed a 1/2 hour meal break away from their work station during their tour of duty where they shall be “on-call.” Sworn employees’ meal breaks are considered work time

2. non-sworn employees are allowed a 1/2 hour meal break away from their work station during their 8-1/2 hour tour of duty where they shall not be “on call.”

a. Employees are allowed a 1/2 hour meal break away from their work station during their tour of duty, and during which they shall not be “on call”. Meal breaks are not considered as work time; however, “coffee breaks” are. Exceptions to the above should be made only in emergencies.

3. Employees shall end their tour of duty at a time so as not to exceed their assigned work hours.

4. Tours of duty for all personnel should be scheduled to best meet both the standard for “maximum hours” allowed within the “work period” and the appropriate collective bargaining agreements requiring overtime pay.

5. Employees arriving at their work stations early shall not perform compensable work prior to their regular starting time.

E. Paid overtime: Time earned in excess of regular shift work and court time. The terms “ordinary” or “extraordinary” overtime are defined by ordinance.

F. Standby duty: The formal assignment, of an employee by the Department, for the purpose of responding to emergencies and other problems during the employee’s non-working hours. The act of carrying a pager or similar device does not, in itself, constitute standby duty.

G. Standby pay: The monetary compensation paid to an employee who is assigned to standby duty. The normal standby pay rate (unless covered by a collective bargaining agreement) shall be ten percent of the employee’s regular straight-time hourly rate of pay for each hour served on standby duty.

II. Responsibilities

A. The Department shall administer the laws and rules pertaining to the earning and use of time for their employees in a judicious manner. Section Captains, as approved by the Bureau Chiefs or the Chief of Police, shall regulate the earning and use of time for employees under their command and ensure compliance with collective bargaining agreements.

III. Time Categories

A. General

1. Abbreviations used to account for time on electronic timesheets are indicated in parentheses next to the time categories listed below, when applicable.

B. Furlough Days: Regularly scheduled days off following a work week.

1. Defined as that period of time off which falls between the end of the last regularly scheduled shift of one regular work week and the beginning of the first shift of the next regularly scheduled work week.

2. May be taken in advance by sworn personnel for a maximum of four (4) days.

3. Furlough days shall not be worked unless prior approval of the concerned immediate supervisor is granted.

4. Officers working a 5 and 2 schedule who voluntarily work a regularly scheduled furlough shall take that day off within the seven (7) day work week.

C. Delayed Furloughs: Days off granted in lieu of scheduled furlough days which have been voluntarily worked by the employee and furlough days accumulated by employees working a shift with more than 80 work hours in a pay period.

1. Delayed furloughs shall be used in the calendar year earned , no later than the last day of the last full pay period of the year, or they will be forfeited. Extensions may be granted in extenuating circumstances with the approval of the chain of command, through the employee’s Bureau Chief.

2. Unless scheduled prior to receipt of a subpoena, employees shall not be furloughed on the day of trial.

D. Sick Leave (SA, SB, SD, & WS): An employee’s request for paid sick leave may be granted when the employee is required to be absent from work for reasons authorized in DP&P 3.180 – Illness & Injury. If the employee does not have sufficient sick time to cover their absence, the timesheet should be marked “WS” for all hours after their balance has been exhausted. Note that the use of “WS” does not mitigate the potential for disciplinary action based on absence without sufficient leave (See DP&P 4.010 - Absence From Duty.)

1. For a personal illness, injury or medical disability, the timesheet should be marked “SA” for LEOFF 2 officers and non-sworn s, and “SD” for LEOFF 1 officers.

2. For absences due to an illness or injury of an eligible family member, the timesheet should be marked “SB”. Note that LEOFF 1 officers are not eligible for SB days.

E. Vacation Days (VA): Constitute a prescribed number of work days off, earned per each full month of employment at a rate of accrual specified by a collective bargaining agreement or an applicable City ordinance depending on length of service.

1. Employees sick or injured while on vacation shall be counted as “sick leave” on timesheets after presenting acceptable proof of illness or disability.

F. Holidays (KA): Comprised of 96 hours paid time off per calendar year.

1. When an employee (except a LEOFF 1 officer) is on disability leave or sick leave and a holiday occurs, they shall be marked Holiday “KA” on the timesheet.

G. Compensatory overtime (LA): Time earned in lieu of paid overtime.

1. Subject to the constraints of each bureau and collective bargaining agreements, employees may earn and accumulate compensatory overtime for use as time off from work. In no case may accumulated compensatory time exceed 40 hours, although the limit is much lower for most employees.

2. Each bureau may set standards allowing employees to accumulate compensatory overtime, depending on the staffing needs and scheduling constraints of its individual sections and units.

3. The limit of earned compensatory time may not be exceeded without prior authorization from the Chief of Police. If an employee’s compensatory time balance is above the limit, they are prohibited from accumulating additional compensatory time until they bring their balance below the limit. Supervisors shall be responsible for monitoring the accumulation and use of all compensatory overtime.

4. City Ordinance 96350 as amended by 97109 requires that each hour of compensatory time “shall be taken off within 12 months from the date earned.”

5. An employee, subject to administrative approval, may have any compensatory overtime earned paid on the basis of the employee’s current rate of pay.

H. Special Duty Days (SP) and Training (TR) Days: Designated for timekeeping purposes to describe instances when personnel perform police oriented functions away from their normal duty station. Attendance at business meetings, training or conference events will only be authorized if the event or meeting offers a substantial benefit to the Department in terms of conducting Department business or enhancing the professional development of the employee. Attendance at board meetings of professional organizations will only be allowed for those organizations representing specifically job-related associations in the employee’s professional field.

1. Training days shall include attendance at Department sponsored training, seminars, conferences, boards, and conventions.

2. Special duty days shall include extraditions and testifying in court.

3. Special duty days and training days described in 1 and 2 above, which do not involve the expenditure of Department funds, require the approval of the respective Section Captain. Units independent of Section authority shall submit requests directly to their Bureau Chief.

4. All other special duty and training assignments require authorization from the respective Bureau Chief. Supervisors shall ensure that requests are approved appropriately.

5. Such authorizations for special duty days and training days may be subject to review by the Command Staff in order to ensure this policy is applied consistently and fairly.

6. Special Duty and Training days shall be recorded on timesheets with a brief comment describing the assignment and location of the employee while absent from regular duty.

I. Release Time (RT): Sworn employees may use release time at the discretion of an immediate supervisor for a period of up to two days. Release time shall be used as is reasonably necessary to stabilize a sudden and unexpected disabling illness, injury, or condition to a member of the employee’s immediate family.

1. Supervisors shall verify that sworn employees requesting release time have a valid reason to be absent from work.

a. Supervisors must complete a Release Time Authorization Form and forward it to Timekeeping.

b. A copy of the Release Time Authorization Form must be reviewed by the employee’s chain of command, up to and including their Section Captain. A copy must be forwarded to the Bureau Chief.

2. Additional release time may be obtained upon prior approval of the Bureau Chief.

3. Release Time of more than two days is potentially a Family Medical Leave qualifying event. If an employee has received release time of more than 2 consecutive days, supervisors shall forward a copy of that request to the Family Medical Leave Coordinator in Human Resources. The Family Medical Leave Coordinator will inform the employee of the Family Medical Leave option.

J. Guild Day (GO): A special leave of absence granted to Guild or union officers for attending official labor conventions or conferences.

1. Guild day absences shall not exceed 10 consecutive days per meeting, and the sum total of all such absences shall not exceed 120 work-days in any contract year.

2. This leave of absence must be approved by the Seattle Police Officers Guild president. All Guild officers that request Guild days shall complete the Guild Day Authorization and Voucher (form 2.23.1).

K. Funeral Leave (RA & RB):

1. Definitions

a. “Close relative” means spouse, domestic partner, child, mother, father, brother, sister, grandfather, grandmother, or grandchild of the employee, employee’s spouse, or domestic partner.

b. “Relative other than close relative” means aunt, uncle, cousin, niece, nephew, or the spouse of the brother, sister, child, or grandchild of the employee, employee’s spouse or domestic partner.

2. Sworn employees are allowed up to five (5) days off without salary reduction for the purpose of attendance at the funeral of any “close relative” or any “relative other than a close relative.” These days off shall be recorded as “funeral leave” “RA”.

3. non-sworn employees are allowed:

a. One (1) day off with pay for the purpose of attending the funeral of any “close relative”. When such attendance requires total travel of two hundred (200) miles or more, one (1) additional day with pay shall be granted (these days shall be recorded “RA” on the timesheet),

b. Up to four (4) additional days chargeable to sick leave (marked “RB” on the timesheet) are allowed, provided no combination of paid absence shall exceed five (5) days for any one period of absence, and

c. Up to five (5) days chargeable to sick leave (marked “RB” on the timesheet) for the purpose of attending the funeral of a “relative other than a close relative.”

4. Employees requesting funeral leave shall submit an Application for Funeral Leave (form 2.26) to their Lieutenant for approval. The form shall be submitted immediately upon return from verbally approved funeral leave. Upon approval, the Lieutenant shall forward the form to the Timekeeping. Timekeeping shall not authorize pay for funeral leave days until the approved form is received.

L. Military Leave (MA): Time off for employees to meet their obligations as members of a military reserve unit. (See DP&P 4.060-Military Leave.)

M. Emergency Days (ES): For non-sworn employees as per current collective bargaining agreements.

N. Jury Duty (JA): Any full-time employee who receives a summons to report for jury duty, shall immediately notify their supervisor in writing, attach a copy of the summons, and forward this information through the appropriate chain of command. A copy of the summons and written notification shall also be sent to Timekeeping.

1. The employee’s Section Captain has the discretion to request that the appropriate jury coordinator excuse the employee from jury duty:

a. If minimum manpower requirements would be adversely affected, or

b. At the employee’s request, for good cause.

2. The following guidelines shall apply to individual employees who must report for jury duty:

a. All employees summoned for jury duty will be placed on a 5-2 schedule at their regular duty assignment. The work shift will be altered to be compatible with jury duty hours (i.e., 0800 to 1600 for day court and 1600 to 0000 for night court).

b. Employees summoned to jury duty during their shift shall be excused from their routine duties and shall report to the location noted on the Jury Duty Tour Notice.

c. Any employee not selected from the jury pool, and who is released by the Court as not needed on a particular day, or portion thereof, shall immediately report at their assigned work place for the balance of the shift.

Exception: Department employees who are actually impaneled on a jury, but who are then released early by the Court, for whatever reason, shall not be required to return to work at the time they are released by the Court.

3. Compensation

a. Employees shall have no pay deducted for the time spent on jury duty.

b. Compensation received by an employee for jury duty (excluding mileage fees) shall be forwarded to the Department’s Payroll Office as soon as it is received by the employee.

O. Limited Duty (LD): Temporary assignment to a position which may not require the employee to perform all of the duties normally required by the Department for the employee’s particular rank or job classification. (See DP&P 3.200-Limited Duty Assignments.)

P. Leave of Absence - Without Pay (WA): Pre-approved time off without pay as requested by an employee. (See DP&P 4.050-Leave of Absence.)

Q. Absent Without Leave (AW): Employees who are not present and who are not officially excused from duty shall be marked “AW” on timesheets and shall forfeit pay for the time of the absence. (See DP&P 4.010-Absence From Duty.)

IV. Fair Labor Standards Act (FLSA) Regulations

A. The Fair Labor Standards Act was set up by the Federal Government to protect those employees that were not being paid overtime by their employer.

B. Sworn officers are required to take a certain amount of furloughs off per FLSA work period. This work period is negotiated between the City and the Federal Government, and is subject to change.

C. Budget problems arise when a normally scheduled furlough is worked (circled) and not taken off during the same FLSA work period. This results in the unnecessary payment of overtime. Supervisors shall monitor this practice and be responsible for ensuring assigned personnel take the required number of furloughs off.

D. Paid time (vacation, sick leave, holiday, compensatory overtime, etc.) is not considered time off under the FLSA regulations.

E. The Personnel Section shall periodically publish the current FLSA guidelines via Department Notice.

V. Time Balances

A. Supervisors, or in their absence their acting replacements, will record and report time only for their subordinate employees. This procedure involves supervisors and managers, through their chain of command, reviewing and approving timesheets.

B. Employees submitting requests for timekeeping corrections, shall do so within 45 days of the day in question. Later changes may be made if the employee was on an extended absence and then only upon approval of their Bureau Chief.

C. Employees shall ensure that they have sufficient time accumulated for sick leave, vacation, and compensatory overtime taken off with pay. First line supervisors shall verify compliance when they approve the timesheets. Timekeeping may look at other available time balances to compensate for unavailable time taken. In the event that Timekeeping makes such adjustments, the employee and the employee’s chain of command will be advised.

D. The only consideration given to a request from an employee regarding adjusting “without pay” situations shall be through the employee’s Bureau Chief utilizing the appropriate chain of command.

E. Employees having a holiday “minus time balance” at the end of the calendar year, or a furlough “minus time balance” on the last day of the last pay period of the calendar year, may resolve the situation by:

1. Deduction of vacation days in sufficient number to “pay back” owed time by January 31 of the following year, or

2. In the absence of enough vacation time or at the employee’s request, payroll deduction for the days not worked by their last payroll check of the year for furloughs and first payroll check of the following year for holidays.

It shall be the employee’s responsibility to notify Timekeeping of their choice. Failure to do so shall result in the automatic reduction of vacation days.

F. The Timekeeping Unit shall check the furlough balances quarterly and forward a list of those employees in non-compliance (+36 hours or -36 hours) to the respective Section Captain and Bureau Chief.