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| Human
Resources |
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| City
Handbook |
Compensation
Plan |
Job
Descriptions |
Rules
and Regulations |
| Personnel
Rules and Regulations |
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RULE
11 - LEAVE
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11.1
General:
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Annual
Leave is granted for the purpose of according eligible
employees in continued employment an opportunity for rest
and relaxation from their duties in order that they may
be better fitted to meet the obligations of their positions.
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11.2
Leaves of Absence:
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A. |
Authorized
Absence: No employee shall absent himself or herself
from duty without permission of the Department Head.
In
case of sickness or emergency, the employee shall give
prompt notice to his or her supervisor.
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B. |
Unauthorized
Absence: An employee who is absent without a valid
leave of absence for three (3) consecutive work days
shall
be recorded as having abandoned his or her position and
resigned from the service. Under such circumstances,
the
City Manager or City Auditor and Clerk, for their respective
employees, may separate the employee from the service
on account of unauthorized absence.
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C. |
Absence
Due to On-The-Job Injury: Any employee who is off
duty for temporary disability because of injury or illness
arising out of and in the course of his or her employment
with the City (Worker's Compensation) shall be automatically
on leave of absence for the period certified by the Department
Head and approved by the City Manager or City Auditor
and Clerk, for their respective employees. Such leave
of absence shall not extend beyond the date the employee
is determined by a physician to be physically capable
of work.
Such an employee shall report to his or her Department
Head at such intervals as may be requested by him or her.
The employee shall be obligated to report on the severity
of his or her on-the-job injury and the progress of medical
treatment being administered to him or her. An employee
who fails to report as above requested shall automatically
be placed on layoff status.
If after a reasonable period of time it is determined
by the physician that an employee is physically unable
to perform the required duties and responsibilities of
his or her job, the Department Head may request that the
employee be placed on layoff status. The required personnel
action papers shall be processed by the Department Head
through the Director of Human Resources and approved by
the City Manager or City Auditor and Clerk, for their
respective employees, and the employee shall be notified
of such action by the Department Head.
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D. |
An
employee who is unable to work due to an on-the-job-injury
and is shown on the payroll as on workers’ compensation,
shall not accumulate service time for annual leave after
thirty (30) consecutive calendar days of such absence
from duty.
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E. |
Department
Heads are required to provide documentation in the event
an employee is authorized absence with or without pay
by using the Request For Leave Form. The form should reflect
the date or dates of absence from the job. Any absence
from duty requires permission from the Department Head,
and employee absences should be recorded as annual leave/vacation,
bonus, sick leave, bereavement leave, workers compensation,
family medical leave, compensatory time, if appropriate,
administrative leave with or without pay, or leave of
absence. Administrative Leave with pay requires written
justification in the remarks section on the Request For
Leave Form, (i.e., attending a conference or participating
in special training outside the City of Sarasota, military
leave and court time).
In addition, all Administrative Leave without pay is reported
to the Pension Department by the Department of Human Resources
in order that the employees’ service time may be
adjusted accordingly. After approval by Department Head,
Request for Leave Forms should be retained in the Department.
For the following absences Request for Leave Forms must
be sent to the Department of Human Resources for approval
of the Director of Human Resources and/or City Manager
or City Auditor and Clerk for their respective employees:
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Sick
Leave over seventy-two (72) working hours
Bereavement Leave
Workers Compensation
Family Medical Leave
Administrative Leave
Leave of Absence
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11.3
Annual Leave Provisions and Procedures:
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Qualified
employees of the City of Sarasota, upon application to
and with the approval of the Head of the Department and
the recommendation of the Director of Human Resources
shall be accorded Annual Leave in compliance with and
subject to the following provisions and conditions:
Qualified employees with less than one year employment,
at the convenience of the department, upon the recommendation
of the Director of Human Resources and the approval of
the City Manager or City Auditor and Clerk, for their
respective employees, may be granted a maximum of five
(5) work days accrued vacation, deducted from the first
year earned of ten (10) work days. The employee must have
successfully completed his or her six (6) months probationary
period. Pay to employees for annual leave shall be at
the rate of compensation as their normal work week or
at the hourly rate of pay, as applicable.
The schedule shown below is Annual Leave granted for employees
with continuous service. Annual Leave is accumulated weekly
and earned at the end of the employee’s anniversary
year for General employees. For Civil Service employees
and General employees of the Police Department, Annual
Leave is accumulated weekly and earned on April 1 of each
year.
Pay to employees on Annual Leave shall be at the rate
of compensation of their normal work week or at the hourly
rate of pay, as applicable.
| 5-day
work week (8 hour days) |
4-day
work week (10 hour days) |
| 1
- 5 years |
10
work days |
1
- 5 years |
8
work days |
| 6
years |
11
work days |
6
years |
9
work days |
| 7
years |
12
work days |
7
years |
10
work days |
| 8
years |
13
work days |
8
years |
11
work days |
| 9
years |
14
work days |
9
years |
12
work days |
| 10
years |
15
work days |
10
years |
12
work days |
| 11
years |
16
work days |
10
years |
12
work days |
| 11
years |
16
work days |
11
years |
13
work days |
| 12
years |
16
work days |
12
years |
13
work days |
| 13
years |
17
work days |
13
years |
14
work days |
| 14
years |
17
work days |
14
years |
14
work days |
| 15
years |
18
work days |
15
years |
15
work days |
| 16
years |
18
work days |
16
years |
15
work days |
| 17
years |
19
work days |
17
years |
16
work days |
| 18
years |
19
work days |
18
years |
16
work days |
| 19
years |
19
work days |
19
years |
16
work days |
| 20
years |
20
work days |
20
years |
16
work days |
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11.4
Military Induction Leave:
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An
employee ordered for military pre-induction physical examination
shall be granted time off with pay for the purpose by
his or her Department Head, upon presentation of military
orders from the proper authority.
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11.5
Military Leave:
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An
employee who is called up to active duty with the Armed
Forces of the United States will be granted a military
leave of absence by his or her Department Head, upon presentation
of orders from the proper military authority.
Notification of such military leave of absence shall be
made to the City Manager or City Auditor and Clerk, for
their respective employees, through the Director of Human
Resources, by the Department Head on the form provided.
Upon the employee's return from service in the Armed
Forces of the United States, after having been relieved
from his
or her “initial call-up” from active duty under
honorable conditions, he or she shall be re-employed in
the service of the City of Sarasota in a position no lower
than the same grade in which he or she was employed at
the time of departure, and at a salary level for the grade
in effect at the time of reinstatement, upon the following
conditions:
That such employee is physically and mentally suited to
perform the required duties; that the employee makes an
application to City of Sarasota and contacts his or her
Department Head for re-employment within ninety (90) days
following the termination of his or her “initial
call-up” to military service with the Armed Forces
of the United States; and provided that such military
service does not exceed four (4) years.
If there is no position available in the same grade, the
employee shall be re-employed in a substantially equivalent
position as may be available. During such initial call-up,
eligible employees will continue to earn paid vacation
the same as if working for the City and will continue
to receive holiday pay the same as if working for the
City. For employees eligible for supplemental pay as outlined
herein, holiday pay shall be included in the supplemental
pay, as applicable.
An employee returning from military service shall enjoy
all rights and benefits as provided by State or Federal
Law as amended. The above military rights and benefits
are authorized for eligible employees “recalled”
to military duty and limited to those employees who return
to the City of Sarasota on release from the “call-up”
obligations. Voluntary extensions and re-enlistments are
excluded from the benefits outlined herein.
An employee on a permanent employment status who is a
Commissioned Reserve Officer or Reserve Enlisted Person
in the United States Military or Naval Service or member
of the Florida National Guard is entitled to leave of
absence from his or her respective duties, without loss
of vacation leave, pay, time or efficiency rating on all
days during which he or she is engaged in training ordered
under the provisions of the United States Military or
Naval training regulations for such personnel when assigned
to active duty, provided that the leave of absence granted
shall not exceed seventeen (17) days in an annual period
from October 1 through September 30, or if a member of
the Florida National Guard when engaged in active state
duty, is ordered under the provision of Chapter 250, Florida
Statutes, provided that the leave of absence granted shall
not exceed seventeen (17) days during an annual period
from October 1 through September 30.
The City will supplement the military pay of its permanent
full-time and permanent part-time employees who are Reservists
or National Guard personnel called to active military
service during the first thirty (30) days of such employees'
active military service. Such supplementation will be
at full City pay.
Subsequent to the first thirty (30) days of the employees'
active military service, the City will supplement their
military pay in amounts necessary to bring their total
salary, inclusive of base military pay, to the level
earned
at the time the employee was called to active military
service. During such call-up, the City will continue
to
provide eligible employees with City-paid medical/dental
and term life insurance and the opportunity to continue
dependent medical/dental insurance and supplemental employee
term life insurance based on payroll deduction or direct-pay
basis, subject to the restrictions as outlined herein.
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11.6
Accumulation of Annual Leave:
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When
deemed to be essential to the welfare of the City or
when
an employee cannot be spared from his or her duties during
a normal vacation period, his Annual Leave may be carried
over into the next employment year, providing such
leave
is taken within ninety (90) days, or as designated by
the City Manager or City Auditor and Clerk, for their
respective employees, after the employee's anniversary
or his other adjusted employment date,upon the request
of
the Department Head, the recommendation of the Director
of Human Resources, and the approval of the City Manager
or City Auditor and Clerk, for their respective employees.
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11.7
Holidays During Annual Leave:
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Holidays
designated by these Rules and Regulations falling within
the Annual Leave period shall not be charged to Annual
Leave.
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11.8
Payment for Annual Leave:
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A. |
Annual
Leave Paycheck: An employee may request his or her
Annual Leave paycheck(s) in advance of his or her scheduled
Annual Leave upon the following conditions:
| (1) |
A
request is submitted in writing at least three
(3)
weeks prior to the last pay day before starting
the Annual Leave. The vacation is for a period
of
not less than two (2) weeks and at weekly increments
thereafter.
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| (2) |
The
vacation paycheck(s) will be received on the last
regular pay day just prior to starting Annual
Leave.
The request for advance vacation pay shall be
made by an interoffice memorandum including the
employee's name, department account number, payroll/employee
number, number of vacation days to be paid, the
beginning and ending dates of the approved vacation
and the signatures of both the requesting employee
and Department Head, indicating approval. The
memorandum is sent directly to the Accounting
Department, for processing as required.
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B. |
Retirement:
Any permanent employee who retires under the terms of
a City Pension Plan, shall be paid any unused current
Annual Leave (i.e., vacation, bonus days, etc.), at the
rate of compensation received by such employee at the
time of retirement. Such pay shall be paid by extending
the effective date of the retirement with the recommendation
of the Director of Human Resources and the approval of
the City Manager or City Auditor and Clerk, for their
respective employees.
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C. |
Death:
The beneficiary of any permanent employee who dies while
an employee of the City shall be paid any unused current
Annual Leave (i.e., vacation, bonus days, etc.), at the
rate of compensation received by such employee at the
time of his or her death.
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D. |
Dismissal:
Any earned unused Annual Leave of a permanent employee
or any other leave that has been accrued including holidays
not taken by a permanent employee who is dismissed from
the City employment by the City Manager or City Auditor
and Clerk, for their respective employees for cause or
for the good of the service, as provided in Rule 7.17
of these Rules and Regulations, may not be paid to the
employee unless his Department Head shall recommend to
the City Manager or City Auditor and Clerk, for their
respective employees that such leave should be paid, enumerating
the reasons for that recommendation.
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E. |
Resignation:
Any unused Annual Leave; bonus days; or Run, Walk,
Swim
days accrued time earned by eligible employees or designated/authorized
holidays not taken by a permanent employee who resigns
from City employment and who is in good standing, as
defined
in these Rules and Regulations, shall be paid to the
employee at the regular rate of pay by extending the
effective
date of the separation on the required personnel action
papers. Lump sum payments to any employee resigning
by means of
a plus adjustment on the payroll requires the prior approval
of the City Manager or City Auditor and Clerk, for
their
respective employees.
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11.9
Sick Leave:
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A. |
General:
| (1) |
Experience
indicates that relatively few employees of the City
are subjected to physical, mental illness and disability
requiring absence from their duties. Pay during
such absence is to be based on a genuine need for
relief from work for medical treatment which will
contribute to the employee's well-being and directly
improve his/her work capability upon his or her
return to employment by the City. Sick leave with
pay is not a right which the City employees may
demand, but is a discretionary benefit provided
by the City in case of actual illness and disability.
Periods of extreme mental stress occasioned by serious
illness, disability or accidental injury of a close
member of the household of an employee requiring
the employee's presence may be considered as falling
within the scope of
the preceding paragraph.
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| (2) |
Maternity
shall also be considered as falling within the scope
of paragraph (1) above.
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B. |
Purpose:
The purpose of this section is to provide an equitable
basis of granting absences with pay for such leaves for
eligible probationary or permanent employees without impairing
the efficiency of their departmental operations due to
excessive absenteeism. This Regulation does not apply
to any injury or illness covered by the Worker's Compensation
Act.
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C. |
Reporting
and Determination of Illness: Each employee is responsible
for prompt notification to the Department Head of his
or her absence because of illness or disability, including
such medical statements from attending doctors as the
Department Head may require. Each Department Head shall
make such investigation and review as he or she feels
is justified.
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D. |
Allowable
Sick Leave Absence: Leave of absence for illness or
disability or maternity may be granted by the Department
Head with the approval of the Director of Human Resources.
Leaves of absence in excess of seventy-two (72) working
hours in any employment year must receive in addition
to the aforementioned approvals, the approval of the City
Manager or City Auditor and Clerk, for their respective
employees. All absences in excess of seventy-two (72)
working hours in the employee’s anniversary year
shall be accompanied by a medical certificate from the
employee's attending physician, or other form of verification
to assure that a genuine illness of disability exists,
or that medical treatment would not hasten the employee's
return to work. Medical certificates or statements of
verification shall be accompanied with the Request for
Leave Form, approved and signed by the Department Head
and sent to the Director of Human Resources for approval
of payment of sick leave. Leave Forms will be retained
in an employee's personnel file, or for submission to
the City Manager or City Auditor and Clerk, for their
respective employees for his or her guidance.
This section is not to be construed to mean that an employee
automatically receives seventy-two (72) hours sick leave
days per employment year, nor does it mean that more than
seventy-two (72) hours will not be approved in appropriate
cases for an employee with a record of high performance.
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11.10
Incentive Award Bonus Days:
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In
conjunction with the aforementioned Sick Leave Policy,
an employee may be awarded an additional day(s) of Incentive
Award Bonus Day(s) as an incentive not to use sick leave,
as prescribed below:
| (1) |
One
(1) Incentive Award Bonus Day will be granted for
each quarter (three (3) months period of time) of
each fiscal year as of October 1st of each year
in which no sick leave is used. Each quarter is
independent of the others. Four (4) Incentive Award
Bonus Days may be earned during the fiscal year
at the rate of one (1) per quarter (October 1-December
31; January 1- March 31; April 1-June 30; July 1-September
30). If an employee maintains a perfect attendance
record for the fiscal year, without using any sick
leave, an additional fifth (5th) Incentive Award
Bonus Day shall be granted.
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| (2) |
Four
(4) Incentive Award Bonus Days may be earned
during
the fiscal year at the rate of one per quarter
(October 1-December 31; January 1-March 31; April
1-June
30; July 1- September 30). If an employee maintains
a perfect attendance record for the fiscal year,
without using any sick leave, an additional fifth
(5th) Incentive Award Bonus Day shall be granted.
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| (3) |
Any
time sick leave (with or without pay) is used or
any unpaid leave is taken during any quarter, no
Incentive Award Bonus Day shall be earned in that
quarter.
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| (4) |
New
employees employed by the City of Sarasota between
fiscal year quarters will accrue Incentive Award
Bonus Days commencing with the first day of the
next quarter. However, if the employment date occurs
during the first fifteen (15) days of the fiscal
quarter, the accrual period will be retroactive
to the first day of the quarter.
Probationary employees resigning or terminated during
their probationary period will not be eligible to
be paid incentive award bonus days under Rule 11.8E
of these Rules and Regulations.
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| (5) |
The
accrual of Incentive Award Bonus Days is hereby
authorized retroactive to October 1,1985 in accordance
with Resolution 92R-622 adopted by the City Commission
on December 21, 1992.
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11.11
Maternity Leave:
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| A. |
General:
Maternity leave shall be governed by the foregoing
Rules applicable to sick leave and as provided in
this Rule.
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| B. |
Notice
of Pregnancy: Employees shall give prompt written
notice of pregnancy to the Department of Human Resources
through their Department Head. The notice shall
include a doctor's certificate stating the anticipated
date of birth and the date to which the employee
is able to continue to work. An employee will be
permitted to work as long as it is certified medically
that she is physically able to do so and so long
as she performs her assigned work satisfactorily.
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| C. |
Application
for Leave: A pregnant employee may apply in
writing to the Department of Human Resources through
her Department Head for a leave of absence. This
application must be made at least four (4) weeks
prior to the anticipated commencement of the leave.
Employees shall be permitted to use accumulated
leave time prior to commencement of the maternity
leave. The leave of absence will extend for a period
of one (1) month after date of birth, and may be
further extended upon written request to the City
Manager or City Auditor and Clerk, for their respective
employees, through the Department of Human Resources
with proof of continued physical disability. Employees
who request such extended leaves of absence will
be requested to submit a doctor's certificate of
continued disability for each day that the leave
is extended.
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| D. |
Expiration
of Leave: An employee who indicates a desire
to return to her employment on or before the expiration
date of her maternity leave shall be reinstated
to her previous job or to a position of like status
and pay, without loss of service credit, provided
that:
She notifies the Department Head at least two (2)
weeks prior to the expected date of return;
The employee's personal physician has certified
that she is physically fit and ready to be re-employed;
The employee is qualified to perform the duties
of the position.
Failure to give the required notices or return to
work at the end of the leave of absence, the employee
shall be automatically placed on layoff status.
Department Heads shall promptly send copies of all
notices and applications and supporting documents
related to the maternity leaves to the Department
of Human Resources.
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11.12
Administrative Leave:
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| A. |
Bereavement
Leave: An employee upon request shall
be granted up to three (3) days of authorized
bereavement
leave
with pay upon the death of a member of his or her
immediate family. Immediate family is defined to
include the spouse, and the parents, stepparents,
grandparents, brothers, stepbrothers, sisters,
stepsisters, children, stepchildren and grandchildren
of both the employee and the spouse. For a
related
death and or funeral out of the State, the employee
shall be granted up to five (5) days authorized
bereavement leave with pay.
Proof may be required of the circumstances and of
attendance at the funeral.
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| B. |
Court
Leave (Witness/Jury): Employees who do not receive
compensation/reimbursement by the court when subpoenaed
as a witness on behalf of a public jurisdiction
or jury duty during their normal working hours,
shall be compensated at a rate that is equal to
their normal rate of pay for the hours they are
in court. However, if they receive pay for such
court service, then their City compensation shall
be at a rate that is equal to their normal rate
of pay less the court compensation.
Employees who are in court for only part of their
normal work day shall report for work when excused
or released by the court. Court leave shall be charged
as authorized leave of absence with pay and notification
shall be made to the City Manager or City Auditor
and Clerk, for their respective employees, through
the Director of Human Resources by the Department
Head on the required form.
|
| C. |
Court
Pay for Off-Duty Employees: Court appearances
and other court duties required by the City, occurring
on other than an employee's regularly assigned shift,
shall be compensated for at time and one-half (1-1/2),
irrespective of any other provisions for overtime
pay based upon the employee's work week. Such employees
shall receive a minimum of two (2) hours pay at
time and one-half (1-1/2) for each such off-duty
court-related appearance irrespective of the number
of cases involved in each appearance. Such time,
however, shall not be counted as time worked for
any other overtime purposes. The City, in its sole
discretion, may either pay said employees as provided
in this paragraph, or grant the equivalent thereof
in compensatory time off, or as otherwise prescribed
by City Ordinance.
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11.13
Personal Leaves From Duty Without Pay:
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| A. |
Heads
of Departments may, in appropriate circumstances,
grant personal leaves of absences without pay to
any employee for periods not longer than two (2)
weeks. Leaves of absences of longer duration,but
not to exceed (6) months, may be granted to permanent
employees with the recommendation of the Director
of Human Resources and the approval of the City
Manager or City Auditor and Clerk, for their respective
employees.
Such leaves may be for study or training or for
other reasons as determined by the City Manager
or City Auditor and Clerk, for their respective
employees. Upon request of the employee,such leave
may be extended at the discretion of the City Manager
or City Auditor, for their respective employees.
Upon the expiration of a regularly approved leave
without compensation, the employee shall be reinstated
to the position held at the time that leave was
granted, or to a similar or comparable position
as is available at the time. Leave may be canceled
at any time and the employee concerned ordered
to
report back to his or her duties within a reasonable
time.
Leaves without compensation granted in accordance
with the foregoing may be used for the purpose of
extending Annual Leave granted for "Vacation".
Such leave without compensation in excess of ninety
(90) days shall interrupt the accumulation of service
time, annual leave, longevity and the like and will
necessitate adjusting the employee’s date of
hire by the number of days in excess of ninety (90)
days.
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| B. |
All
absences from duty of an employee during his or
her probationary period of appointment shall be
without compensation except when such leave of absence
is a result of employment-connected injury. Any
absence except for sickness or other good cause
shall be grounds for rejection from employment.
Approved absences shall have the effect of extending
the date of completion of the probationary period
in time equal to the amount of time absent.
Absences in excess of three (3) weeks shall act
to automatically cancel the probationary appointment,
unless upon written request of the Department Head,
such appointee may be retained, in which case his
probationary period commences again on the date
of his return to duty. However, for employees with
sufficient background and experience, the Department
Head may request a waiver of extending the probationary
period. The waiver shall require the recommendation
of the Department Head and the approval of the Director
of Human Resources and the City Manager or the City
Auditor and Clerk, for their respective employees.
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11.14
Leaves From Duty With Pay:
| |
A. |
Service
Connected Injury: Full pay for absence from work because
of an employee injury in the performance of his or her
City duties shall be granted to:
| (1) |
All
Civil Service employees in the Police Department.
|
| (2) |
General
Personnel Employees who are injured on the job under
non-preventable circumstances and while acting not
contrary to department/supervisor instructions.
In no case shall such full pay continue for a period
longer than three (3) months without the approval
of the City Manager or City Auditor and Clerk, for
their respective employees.
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B. |
Vacation
(Annual Leave): Provisions for Vacation (Annual Leave)
are set forth herein under Rule 11.3 of these Rules and
Regulations.
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C. |
Other
Leave: When a Department Head recommends other leave
for the purpose of promoting efficiency and increasing
the standards of the service, the City Manager or City
Auditor and Clerk, for their respective employees, may
grant such leaves with full or reduced compensation for
such period as shall be determined.
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11.15
Request for Leave Forms:
| |
A.
|
The
Request for Leave Form is to be completed by the Department
Head or his or her duly authorized representative for
all approved absences and retained in Department. Request
for Leave Forms are to be submitted with the department
payroll to the Department of Human Resources to substantiate
appropriate leave as authorized herein is pursuant to
Rule 12.5, Payrolls and Allied Paperwork.
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B.
|
The
Personnel Action Forms are to be utilized to grant leaves
of absences for periods longer than two (2) weeks, and
is processed in accordance with Rule 11.13.
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11.16
Worker’s Compensation Absences:
| |
An
employee who is unable to work due to an on-the-job injury
and is shown on the payroll as on Worker's Compensation
shall not accumulate service time for annual leave after
thirty (30) consecutive calendar days of such absence
from duty. Upon a period no longer than thirty (30) days
from commencement of Workers’ Compensation leave
of absence, a work status review will be undertaken by
the Department Head to determine if the employee should
be placed on workers’ compensation payments or remain
on City payroll. If removed from City payroll,periodic
assessments will be undertaken by the Department Head
to determine when reinstatement to normal duty is appropriate.
When an employee is no longer on the City payroll and
receiving pay directly from the workers’ compensation
insurance carrier, he or she shall not accumulate any
type of accrual leave, (i.e., vacation,bonus days, holiday
pay, accrued leave, etc.).
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11.17
Family Medical Leave (FMLA):
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A. |
Purpose:
To establish a policy and provide general guidelines and
information for the use of family or medical leave in
compliance with the “Family Medical Leave Act”
(FMLA) of 1993.
|
| |
B. |
General:
All eligible employees shall be entitled to twelve
(12)
weeks of unpaid, job-protected leave during any 12-month
period for one or more of the following reason;
| (1) |
to
care for employee’s child after birth, or placement
for adoption or foster care;
|
| (2) |
to
care for the employee’s spouse, son or daughter,
or parent, who has a serious health condition;
|
| (3) |
to
take medical leave when the employee is unable to
work because of a serious health condition;
|
| (4) |
a
serious health condition, which shall be defined
as an illness of a serious and long-term nature
resulting in recurring or lengthy absences. Treatment
of such an illness would occur in an outpatient
situation at a hospital, hospice, or residential
medical care facility, would consist of continuing
care provided by a licensed health care provider.
|
|
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C. |
Substitution
of Paid Leave: If an employee has accrued paid leave,
such as, vacation, personal or other leave less than twelve
(12) weeks, the employee will use paid leave first and
take the remainder of the twelve (12) weeks unpaid for
any portion of family leave for birth, adoption, foster
placement or family illness; or
| (1) |
if
the employee uses leave because of his/her own serious
medical condition or the serious health condition
of an immediate family member, the employee will
use all paid vacation or personal leave, and then
will be eligible for unpaid leave; or an employee
using leave for the birth of a child will use paid
sick leave for physical recovery after childbirth.
The amount of sick leave required to be used will
be decided at the discretion of the Department Head,
but will be paid sick leave no longer than one (1)
month after the birth of the child.
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|
| |
D. |
The
employee then may use all paid vacation, personal or family
leave, and then will be eligible for unpaid leave for
the remainder of the twelve (12) week; or an employee
may use vacation, personal or other leave for any portion
of statutory leave for personal or family illness. However,
the City is not required to provide sick leave or medical
leave, in any situation in which the City does not normally
provide leave for the purpose requested.
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| |
E. |
Intermittent
Leave and Reduced Work Schedules: In certain cases, intermittent
use of the twelve (12) weeks of FMLA or a part of a reduced
work week may be allowed by the City. Employees wishing
to leave intermittently or to utilize a reduced work week
for birth or adoption purposes will need to discuss and
obtain approval for such use from the Department Head
and the Human Resources Department.
|
| |
F. |
Advance
Notice and Medical Certification: Employee may be required
to provide advance leave notice and medical certification.
Taking leave may be denied if requirements are not met.
| (1) |
Employee
ordinarily must provide thirty (30) days advance
notice when the leave is “foreseeable.”
An employee undergoing planned medical treatment
is required to make a reasonable effort to schedule
the treatment to minimize disruptions to the City’s
operations.
|
| (2) |
The
City shall require medical certification to support
a requirement for leave because of a serious health
condition, and reserves the right to require second
or third medical opinions (at the City’s expense).
|
| (3) |
Fitness
for Duty Report will be required to return to work
if the employee is authorized leave under this policy
for a health condition that makes the employee unable
to perform the employee’s job.
|
| (4) |
While
on leave, employee shall report periodically to
their Department Head and/or the Director of Human
Resources regarding the status of the medical condition,
and their intent to return to work.
|
| (5) |
When
seeking certification of a serious medical condition,
an employee shall request that certification contains
the following:
| (a) |
Date
when the condition began; expected duration;
diagnosis; and a brief statement of treatment.
|
|
| (6) |
If
employee is seeking medical leave for his or her
own medical condition, statement that the employee
is unable to perform essential functions of the
employee’s position.
|
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G. |
Job
Benefits and Protection: For the duration of an employee’s
approved FMLA leave, the City will continue to provide
group health coverage under the same conditions as before
the leave began, including employee contributions (i.e.,
dependent coverage and co-payments). Upon return from
FMLA leave, employees must be restored to their original
or equivalent positions with equivalent pay, benefits
and other employment terms. The use of FMLA leave cannot
result in the loss of any employment benefit that accrued
prior to the start of an employee’s leave.
If on unpaid leave, in order to maintain uninterrupted
coverage in benefits, the employee must continue to pay
the dependent portion of the health insurance premium
payments. This payment shall be made in person or by
mail
to the Human Resources Department by the 5th of each
month. If the employee does not continue these payments,
the
City will
recover the payments at the end of the leave period, in
a manner consistent with the law. Annual leave accrual
and accrual for longevity purposes will not be accrued
for any unpaid leave after thirty (30) days.
The City may choose to exempt certain highly compensated
“key” employees from this job restoration requirement
and not return them to the same or similar positions at
the completion of the FMLA leave. Employees who may be
exempted will be informed of this status when they request
leave. If the City deems it necessary to deny job restoration
for a “key” employee on FMLA leave, the City
will inform the employee of its intention and will offer
the employee the opportunity to return to work immediately.
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| |
H. |
Calculation
of Leave: The twelve (12) month period will be measured
forward from the date when any employee’s first
FMLA leave begins. Under this rolling method, an eligible
employee
would be entitled to twelve (12) weeks of leave during
the twelve (12) month period beginning on the first date
of family or medical leave. The next twelve (12) month
period would begin the first time the FMLA leave is taken
after the completion of any previous twelve (12) month
period. Each time an employee uses family or medical
leave,
the Department and Human Resources will compute the amount
of leave the employee has taken under this policy, and
subtract it from the twelve (12) weeks. For example,
if
an employee has taken five (5) weeks of family or medical
leave in the past twelve (12) months, he or she would
be eligible | | | |
