LEAVE POLICY
PART-TIME EMPLOYEES WHO
Civil Leave - Juror Service - Election Day - Military Duty Leave
CITY AND
LEAVE POLICY
PART-TIME EMPLOYEES WHO ARE PAID 20 OR MORE HOURS
PER WEEK IN ANY ONE POSITION ON A REGULARLY SCHEDULED, YEAR ROUND BASIS
POLICY STATEMENT:
ANNUAL
LEAVE: Subject to
the provisions of this policy, annual leave may be provided to Employees for the
purpose of granting paid time off during an absence from scheduled working
hours. Reasons for annual leave may
include, but are not limited to, the following:
Annual leave may be approved for the purpose of granting paid time off during an
Employee's absence from scheduled working hours due to personal Sickness or
off-the-job Injury; Sickness or Injury of an Employee’s Immediate Family Member
requiring the Employee's personal care and attendance; and Employee
medical/dental appointments or visitations.
A condition that lasts for a period in excess of three consecutive
calendar days will be considered family or medical leave under the Family and
Medical Leave (FMLA), if applicable, and requires completion of the “Leave
Request for Family or Medical Leave” form.
This would include any time taken by the Employee to care for a Sickness
or Injury of the Employee’s lawful spouse, parent or child (under 18 years or
disabled) requiring the Employee's personal care and attendance.
Annual leave may be taken only
as earned and may not be taken in segments of less than one-half hour.
However, any increment of accrued annual leave hours may
be used to supplement short-term disability leave or after exhausting the
maximum benefit period for short-term disability leave or injury leave, if
applicable, or to exhaust annual leave hours in order to qualify for leave
without pay.
Scheduling of Annual Leave: Approval of
annual leave use is at the discretion of the immediate supervisor who will
consider the Employee's wishes and the scheduling needs of the department.
Employees taking time off without approval of the immediate supervisor
may not be paid for the time absent from scheduled working hours and may be
subject to corrective or disciplinary action.
Except in emergency or unforeseeable situations, annual leave must be
scheduled with the Employee's immediate supervisor at least 24 hours in advance
of the use of the leave. When using
annual leave for unexpected personal Sickness or off-the-job Injury or Sickness
or Injury of an Employee's Immediate Family Member requiring the Employee's
personal care and attendance, an Employee must notify his or her supervisor not
later than 30 minutes before his or her scheduled starting time or as soon
thereafter as possible. Please note
that some departments may establish earlier notification requirements.
Medical Certification for
Employee’s Absence:
When using annual leave for personal Sickness or off-the-job Injury or
Sickness or Injury of a member of the Employee's Immediate Family Member
requiring the Employee's personal care and attendance, in excess of three or
more consecutive working days, the supervisor may require that the Employee
submit the “Certification of Health Care Provider” form verifying the
Sickness/Injury.
However, if the Employee is on leave restriction as part of a corrective or
disciplinary action, the supervisor may require a “Certification of Health Care
Provider” form signed by a Physician for any amount of any leave taken to cover
an unscheduled absence.
Amount of Annual Leave Benefit and Effective Date for
Accrual:
Employees shall accrue annual leave effective the date of hire as a
part-time Employee. The accrual rate
will be calculated as follows, exclusive of overtime hours worked.
|
Months of Continual Part-time Employment Completed |
Accrual Rate (Hours of Leave per Hours Worked) |
|
0 months but less than 36 months |
.1346 hours per 1.0 hours worked |
|
36 months (3 years) but less than 60 months |
.1385 hours per 1.0 hours worked |
|
60 months (5 years) but less than 84 months |
.1423 .hours per 1.0 hours worked |
|
84 months (7 years) but less than 108 months |
.1462 hours per 1.0 hours worked |
|
108 months (9 years) but less than 132 months |
.1500 hours per 1.0 hours worked |
|
132 months (11 years) but less than 156 months |
.1538 hours per 1.0 hours worked |
|
156 months (13 years) but less than 180 months |
.1577 hours per 1.0 hours worked |
|
180 months (15 years) but less than 204 months |
.1615 hours per 1.0 hours worked |
|
204 months (17 years) but less than 228 months |
.1654 hours per 1.0 hours worked |
|
228 months (19 years) but less than 240 months |
.1692 hours per 1.0 hours worked |
|
240 months (20 years) but less than 300 months |
.1731 hours per 1.0 hours worked |
|
300 months (25 years) and above |
.1769 hours per 1.0 hours worked |
|
Example #1: An Employee with
less than 36 months of service who works an average of 20 hours per week
for 52 weeks will earn 139.98 hours of annual leave (20 hours X 52 weeks
X .1346 = 139.98 hours of annual leave) over a year's time.
Example #2: An Employee with
108 months of service who works an average of 32 hours per week for 52
weeks will earn 249.6 hours of annual leave (32 hours X 52 weeks X .1500
= 217.65 hours of annual leave) over a year's time. |
IT SHOULD BE NOTED THAT THE ACCRUAL
|
Example – Employee with less
than 36 months of service |
||
|
Vacation |
14 days at 8 hours per day |
112 hours |
|
Sick Leave |
10 days at 8 hours per day |
80 hours |
|
|
11 days at 8 hours per day |
88 hours |
|
Total |
|
280 hours |
|
Total of 280 hours divided by 2080 hours (number of
hours worked by a full-time employee with less than 36 months of service
in a year) = .1346 hours per 1.0 hour worked |
||
Full-Time Service Credit: A full-time
employee who is appointed to a part-time position will be credited for 100
percent of the length of time served in full-time service for the
Employer for leave benefits.
For Example: An employee who
works in a full-time position for the Employer for 24 months would be credited
for 24 months of service when calculating the annual leave benefit at the time
the full-time employee is appointed to a part-time position.
This service credit does not apply to temporary employees or independent
contractors.
Prior Service Credit: If a
separated employee is re-employed within three years of his or her separation
date from a full-time or part-time position, his or her service date for leave
will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Closure Of Employer Offices and Facilities During Hazardous Conditions:
If Employer offices and facilities are closed by order of the City and
Holidays Observed by Employer: It should be
noted that the part-time accrual rate includes an accrual for the Employer
holidays. Therefore, if an Employee
is scheduled to work on a
holiday, he or she must designate earned annual leave on his or her timesheet to
get full pay unless otherwise approved by his or her supervisor.
|
Employer Observed Holidays |
|
New Year's Day (January 1) |
|
Martin Luther King's Birthday (Third Monday in January) |
|
President's Day (Third Monday in February) |
|
Memorial Day (Last Monday in May) |
|
Independence Day (July 4) |
|
Labor Day (First Monday in September) |
|
Veteran’s Day (November 11) |
|
Thanksgiving Day (Fourth Thursday in November) |
|
Friday following Thanksgiving |
|
Christmas Eve (December 24) |
|
Christmas Day (December 25) |
|
Note:
Generally, when a holiday falls on a Saturday, the holiday will be
observed on the preceding Friday.
Generally, when a holiday falls on a Sunday, the holiday will be
observed on the following Monday. |
Maximum Accumulation:
The balance of unused annual leave for Employees may not exceed 224 hours
at the end of the calendar year.
Payment Upon Separation: Upon
separation from employment, unused annual leave hours as shown on payroll
records will be paid using the Employee's regular hourly rate of pay.
COMPENSATORY TIME: Subject to
the provisions of this policy, compensatory time may be provided to Employees in
lieu of overtime pay. Employees may
accumulate compensatory time to a 40 hour maximum at any one time, and an
Employee’s balance up to this 40 hour maximum may carryover from one calendar
year to the next. Compensatory time
may be used for the same reasons as annual leave.
Compensatory time may be taken only as earned and may not be taken in
segments of less than one-half hour, unless the Employee is attempting to
exhaust his or her compensatory time balance.
Earning Compensatory Time: When an
Employee works sufficient hours to earn overtime
(more than 40 hours in a pay week), an Employee may designate these hours as compensatory
time on his or her timesheet
and the Employer may require the Employee to accumulate
compensatory time in lieu of receiving overtime pay. These
overtime hours would be multiplied by 1.5, and the Employee can accumulate to a
40 hour maximum at any one time. At
that point, any excess hours would have to be paid as overtime at the overtime
rate.
For Example: An Employee who works four
hours of overtime could designate on his or her timesheet that he or she would
like those hours in compensatory time instead of overtime pay.
The Finance Department--upon processing the timesheet--would multiply the
four hours of overtime by 1.5, and the Employee would have six hours of
compensatory time to use at a later time.
Using Compensatory Time: Approval of
the use of compensatory time is at the discretion of the immediate supervisor
who will consider the Employee's wishes and the scheduling needs of the
department. Employees taking time
off without approval of the immediate supervisor may not be paid for the time
absent from scheduled working hours and may be subject to corrective or
disciplinary action. Except in
emergency or unforeseeable situations, as approved by the Employee's immediate
supervisor, compensatory time must be scheduled with the Employee's immediate
supervisor at least 24 hours in advance of its use.
Please note that some departments may require a longer period of advance
scheduling.
Payment Upon Change in Status from Non-Exempt to Exempt:
An Employee who changes status from non-exempt to exempt will be paid
effective the date of status change for any unused compensatory time as shown on
payroll records in accordance with the Fair Labor Standards Act, as amended.
Payment Upon Change in Account Allocation:
An Employee who is appointed to a new position or who is transferred to
another assignment resulting in a change in personal services allocation may be
paid effective the date of change for any unused compensatory time as shown on
payroll records in accordance with the Fair Labor Standards Act, as amended.
Payment Upon Separation: Upon
separation from employment, unused compensatory time as shown on payroll records
will be paid in accordance with the Fair Labor Standards Act, as amended.
SHORT-TERM DISABILITY (
Amount of Short-Term Disability (STD) Leave Benefit: Short-term
disability leave is available for absences during scheduled working hours
retroactive to the first calendar day of the Employee's personal Sickness,
off-the-job Injury, or Disability
when the Employee's personal Sickness, off-the-job Injury, or
Disability exceeds seven consecutive calendar days.
Employees are eligible for short-term disability leave according to the
following schedule:
|
Months Of Part-Time Employment Completed |
Maximum Benefit Period
# of Work Weeks At |
|
|
Full Pay |
60% of Pay |
|
|
0 months but less than 12 months |
-----No Benefit Available----- |
|
|
12 months but less than 48 months |
-0- |
13 |
|
48 months but less than 120 months |
5 |
8 |
|
120 months but less than 240 months |
8 |
5 |
|
240 months and above |
13 |
-0- |
The maximum benefit for Short Term Disability will equal
13 regularly scheduled work weeks for the employee (example:
Employee regularly works 20 hours per week. Employee is eligible for up
to 260 hours of Short Term Disability pay).
Regularly Scheduled Work Week is defined as the number of hours an
employee is scheduled to work each week throughout the year.
To obtain full pay, short-term disability leave--if paid
at 60 percent--may be supplemented by the Employee’s available annual leave or
compensatory time.
Partial Days of Disability: An Employee
who is released to return to work on a reduced schedule will be able to retain
those short-term disability leave hours not used to extend the benefit beyond
the 13 work weeks. However, in no
event will the Employee be eligible for more than the number of hours he or she
would normally work in a 13 work week period.
Full-Time Service Credit: A full-time
employee who is appointed to a part-time position will be credited for 100
percent of the length of time served in full-time service for the
Employer for leave benefits.
For Example:
An employee who works in a full-time position for the Employer for 24
months would be credited for 24 months of service when calculating the
short-term disability leave benefit at the time the full-time employee is
appointed to a part-time position.
This service credit does not apply to temporary employees or independent
contractors.
Prior Service Credit: If a
separated employee is re-employed within three years of his or her separation
date from a full-time or part-time position, his or her service date for leave
will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Maximum Benefit Period: The term
Maximum Benefit Period means the maximum benefit of the regularly scheduled 13
work weeks allowed under short-term disability leave.
Succeeding Periods of
Disability:
Two or more periods of Disability will be treated as one period of
Disability, unless:
1.
the Employee returns to Active
Status and works his or her regular schedule without restrictions for at least
180 consecutive calendar days between periods of Disability; or
2.
the succeeding period of
Disability is due to Sickness or Injury unrelated to the cause of the prior
period of Disability for which leave was approved.
Limitation of Benefit: Short-term
disability leave ends on the earliest of:
1.
the date the Employee ceases
to be disabled or dies;
2.
the date the Maximum Benefit
Period ends;
3.
the date the Employee is able,
but chooses not to return to Active Status;
4.
the date the Employee fails to
take a required medical examination, without good cause.
No Employee shall be covered
under the short-term disability leave benefit for more than the Maximum Benefit
Period for the same or related Sickness or condition, off-the-job Injury, or
Disability unless it qualifies as a separate Sickness, off-the-job Injury or
Disability under the section entitled “Succeeding Periods of Disability.”
Notification Requirement and
Medical Certification:
The Employee must complete the “Leave Request for Family or Medical
Leave” form when requesting short-term disability leave for his or her own
serious medical condition. The
following information must be completed:
1.
the dates for which leave is
required (to and from);
2.
the total amount of leave
requested; and
3.
whether the leave is for a
single block of time or for an intermittent or reduced work schedule.
In addition, the Employee must
submit a completed “Certification of Health Care Provider” form and this form
must be completed and signed by a Physician.
Short-term disability leave will not be approved until the forms are
reviewed and accepted as complete by the
The Employee must notify his
or her supervisor and the
Return to Work: The Employee
must assure that his or her Physician has completed the “Physician’s Release to
Return to Work” form prior to his or her return to Active Status.
The Employee must provide a copy of this form to his or her immediate
supervisor and the original form to the
Exclusions: No benefit
will be payable for any Disability:
1.
that is not supported by a
medical certification form acceptable to the Employer and signed by a Physician;
2.
if the Employee fails to submit to a medical examination
by a Physician or health facility designated by the Employer to verify that the
Employee is Disabled;
3.
if the Employee is not in Active Status on the day
preceding the onset of the Disability;
4.
during which the Employee is
not under the regular care of a Physician;
5.
which is the result of an
Injury or Sickness covered by Worker’s Compensation; or
6.
which is due to an Injury or
Sickness arising out of, or in the course of, any employment for wage or profit.
INJURY
LEAVE: Subject to
the provisions of this policy, injury leave may be provided to Employees for the
purpose of providing paid time off for an on-the-job Disability.
Injury leave will be considered medical leave under the Family and
Medical Leave Act (FMLA) if the Employee meets the eligibility requirements of
FMLA.
Amount of Injury Leave
Benefit:
Injury leave benefits provide 100 percent of pay for scheduled working
hours for a Maximum Benefit Period of either (1) the duration of the time period
the Employee is incapacitated or (2) a maximum of the equivalent of 13 regularly
scheduled work weeks (A regularly scheduled work week is defined as the number
of hours an employee is regularly scheduled to work each week throughout the
year), whichever is less. In order
for an Employee to receive injury leave benefits, the Employee must forward to
the Employer any and all benefits received from the Employer's workers'
compensation insurance fund subscribed to by the Employer.
It is a violation of policy if an Employee receives injury leave from the
Employer and payment from the Employer’s workers’ compensation insurance fund
for the same hours, and an Employee violating this leave benefit will be subject
to
corrective or disciplinary actions
in accordance with the
Broomfield Personnel Merit System.
Partial Days of Disability: An Employee
who is released to return to work on a reduced schedule will be able to retain
those injury leave hours not used to extend the benefit beyond the 13 work
weeks. However, in no event will the
Employee be eligible for more than the number of hours he or she would normally
work in a 13 work week period.
Return to Work: The
Maximum Benefit Period: The term
Maximum Benefit Period means the maximum benefit of the regularly scheduled 13
work weeks allowed under injury leave.
Succeeding Periods of
Disability:
Two or more periods of Disability will be treated as one period of
Disability, unless:
1.
the Employee returns to Active
Status and works his or her regular schedule without restrictions for at least
180 consecutive calendar days between periods of Disability; or
2.
the succeeding period of
Disability is due to Sickness or Injury unrelated to the cause of the prior
period of Disability for which leave was approved.
Limitation of Benefit: Injury leave
ends on the earliest of:
1.
the date the Employee ceases
to be disabled or dies;
2.
the date the Maximum Benefit
Period ends;
3.
the date the Employee is able,
but chooses not to return to Active Status; or
4.
the date the Employee fails to
take a required medical examination, without good cause.
Medical Certification: An Employee
receiving injury leave or modified duty assignments may be required to undergo
additional medical examination(s) by a Physician or health facility designated
by the Employer with the expense of such examination(s) to be borne by the
Employer. Failure of an Employee
receiving injury leave to submit to a medical examination by an
Employer-designated Physician or health facility shall terminate the injury
leave benefit.
Non-Compensable Injury or
Disability:
In the event it is determined by the workers' compensation insurance fund
subscribed to by the Employer that the Injury or Disability is not compensable
through workers' compensation benefits, any injury leave paid by the Employer
will be charged against the Employee's accumulated annual leave balance or other
leave balances as necessary unless otherwise approved by the Employer.
If Injury Leave is Exhausted:
If an Employee exhausts the maximum of the equivalent of
13 regularly scheduled work weeks
of injury leave and is unable to return to work, or if he/she is returned to
work with restrictions and Modified Duty is not available for all regularly
scheduled hours, the following may apply:
·
The Employee may receive Temporary Total Disability (TTD)
or Temporary Partial Disability (TPD) compensation from the workers'
compensation insurance fund subscribed to by the Employer.
While on TTD or TPD, an Employee will be paid for the hours he/she is not
able to work by the workers' compensation insurance fund subscribed to by the
Employer up to the maximum amount set by state statute.
The Employee will not be allowed to record hours actually worked on
his/her time sheet and receive TTD and TPD compensation from the workers'
compensation insurance fund for the same exact hours.
·
He/she may elect to use his/her eligible leave balances
for the hours he/she is not able to work.
If the Employee chooses to do this, he/she will have two options:
o
An Employee may choose to use his/her leave for 100% of
the regularly scheduled hours which he/she is not able to work.
o
An Employee may choose to use a percentage of his/her
leave balances to supplement the 66 2/3% pay he/she is receiving from the
workers' compensation insurance fund.
The Employee should consult with Human Resources to determine the impact
on benefits including leave accruals and insurance.
o
If an Employee does not have any eligible leave balances
to use or does not elect to use his/her leave balances, he/she may request Leave
Without Pay, which is subject to approval by the department head and/or the City
and County Manager. The Employee
should consult with Human Resources to determine the impact on benefits
including leave accruals and insurance.
An Employee must elect, in writing, which of the above
options he/she wishes to pursue. An
Employee can change this election once per pay period.
Donated Leave is not available.
MODIFIED-DUTY ASSIGNMENTS: Employees
who are released to
work on a regularly scheduled
or reduced schedule basis but with job restrictions,
as supported by medical evidence documented on the
“Physician’s Release to Return to Work” form,
may be eligible for a modified duty assignment.
The department head or designee, with the concurrence of the
Definition:
Modified Duty is an assignment which is for a specified and limited
period and fulfills a necessary job function, appropriate to the Employee’s
skills and level of experience as determined by the Employer, and which the
Employee can perform without violating any medical restriction imposed as a
result of a temporary Disability, Sickness or Injury, for which the Employee is
compensated at his or her normal rate of pay and benefits.
Procedure:
Modified duty assignments are not a matter of right.
The number, availability and duration of such assignments are limited by
departmental needs as defined by the department head or designee.
Physician’s Statement:
The Physician’s statement and recommendation for modified duty shall be
documented on the “Physician’s Release to Return to Work” form and shall include
the nature of the Disability; the probable length of the Disability; the
prognosis for recovery; and the nature of duty restrictions.
An additional statement confirming the ability to perform the modified
duty assignment may also be required.
Review of Assignment:
An Employee’s modified duty status shall be reviewed every 30-calendar
days by the Employee’s supervisor and a representative from the
Length of Assignment:
No modified duty assignment may last for a cumulative period exceeding
180 calendar days. Assignment to a
modified duty does not in any way create a right for the Employee to occupy that
or any other position on a regular basis.
Return to Regular Assignment: A medical
examination and clearance for return to regular assignment
documented on the “Physician’s Release to Return to
Work” form is required before an
Employee assigned to modified duty can return to his or her original position.
CIVIL LEAVE (Juror Service): Subject to
the provisions of this policy, civil leave may be provided to Employees for the
purpose of providing paid time off for Employees called for juror service.
This civil leave policy applies to juror service only and does not
provide civil leave to an Employee making a non-job-related court appearance.
Pay During Juror Service: Employees
who are called for juror service will receive 100 percent of pay for scheduled
working hours during the first three days of juror service.
Employees who complete juror service in excess of three days will receive
no pay from the Employer for scheduled working hours beginning on the fourth day
and through the duration of their juror service, but are entitled to retain all
payment received for jury service from the Court.
If an Employee reports for juror service and is excused for the day, he
or she should report to his or her work assignment within one hour from the time
he or she is excused.
CIVIL LEAVE
(Election Day): Subject to
the provisions of this policy, Employees who are eligible electors entitled to
vote at an election shall be provided Civil Leave for a period of two hours
during the time the polls are open, unless there are three or more hours between
the time of opening and the time of closing of the polls during which the
Employee is not required to be on the job.
For example, the polls are normally open for voting from
Employees shall request time
off to vote from their supervisor one day prior to the election day.
Advance notice is required so that the necessary time can be scheduled at
the beginning or the end of the work shift; whichever provides the least
disruption to the normal work schedule.
CIVIL LEAVE (Military Duty Leave):
Subject to the provisions of this policy and the Uniformed Services
Employment and Reemployment Rights Act of 1994, Chapter 43 of Title 38, United
States Code, military duty leave may be provided to Employees for the purpose of
attending military training or for entering active military service as a member
of the armed forces of the United States or National Guard, voluntarily or
involuntarily. USERRA (Uniformed
Services Employment and Reemployment Rights Act of 1994) prohibits
discrimination in hiring, firing, promotion, training, or any other benefit or
advantage of employment for the past, present, or future participation in
uniformed services.
The military leave cannot exceed five years (with
certain exceptions).
An Employee’s entitlement to
benefits under this policy terminates upon the occurrence of any of the events
set forth in 38 U.S.C. § 4304 (1994).
Unless precluded by military necessity, Employees
must provide advance notice, orally or in writing, of the need for military
leave to the Employee’s supervisor.
If orders are given to the Employee verbally, the Employee should forward a copy
of his or her written orders when available.
Pay During Military Training: Employees
shall receive the difference between a lesser amount of gross pay received from
the United States Government (excluding travel or housing allowances) and the
greater amount of gross base pay the Employee ordinarily would receive from the
Employer for scheduled working hours during the 15 working days of military
training per calendar year. Prior to obtaining any compensation from the
Employer, the Employee must present a check stub to the Finance Department
showing the gross amount of compensation received from the United States
Government. If an Employee is
required by proper authority to continue in such military training beyond 15
working days per calendar year, the leave shall be without pay for the duration
of such training or the Employee may elect to use any accrued annual leave,
holiday leave, and compensatory time balance to extend the paid leave beyond the
initial 15 working days of pay.
Pay During Active Military Service: Employees shall be entitled
to payment from the Employer for regularly scheduled working hours during the 15
working days succeeding the time when the Employee is engaged in active military
service per calendar year. The
Employee may, but is not required to use any accrued annual leave, holiday
leave, and compensatory time balance to extend the paid leave beyond the initial
15 working days of pay. The
Employee must fill out a timesheet reflecting the usage of any leave beyond the
initial 15 working days.
Benefits During Military Training or Active Military Service:
For eligible Employees, all insurances and fringe benefits will continue
to be paid by the Employer at current approved levels during the period in which
the Employee continues to receive full pay from the Employer (that is, the 15
working days succeeding the time when the Employee is engaged in active military
service and during usage of any accrued annual leave and compensatory time
balances). No insurances or other
fringe benefits will be paid by the Employer once the Employee is on Leave
Without Pay (at the outset of the leave for active military service) unless
required by the Colorado Revised Statutes.
For periods of up
to 30 calendar days of service, the Employee, if eligible, is required to pay
only the Employee’s share of the dental insurance premiums.
For periods of service over 30 calendar days,
An Employee who is
subsequently re-employed in accordance with USERRA following his or her return
from military duty will receive credit for continuous service for purposes of
leave benefits.
Replacement For Vacant Position: The supervisor can fill the
position, if necessary, with the understanding that a layoff will occur if the
individual on military leave returns.
The order of separation will be as follows (reference Section 2-14-380 of
the Personnel Merit System):
Preference for retention in the particular position subject to layoff shall be
based on seniority of uninterrupted service in the position and department.
Time served in a higher-level position within the same department will be
counted toward years of service in the Employee's current position.
Temporary positions do not have to be held open.
Re-employment After Military Training: Subject to applicable
provisions of USERRA, an Employee who completes military training will be
reemployed upon the completion of such training.
Re-employment After Active Military Service: Subject to USERRA, an
Employee who completes active military service will be reemployed following
return from active duty provided the individual makes application for
reemployment with the
Service up
to 30 calendar days:
The returning Employee must report to the Employer by the next regularly
scheduled workday on the first full day following completion of service and an
eight-hour rest period following safe transportation home.
Service of
31 – 180 calendar days:
An application for reemployment must be submitted no later than 14
calendar days after completing military service.
Service of
181 calendar days or more (to a maximum of five years): An application for
reemployment must be submitted no later than 90 calendar days after completing
military service.
Service-related disability: Returning Employees who are
hospitalized for or convalescing from injuries incurred in or aggravated by
military service may apply for reemployment within two years following recovery
from such injuries.
These reemployment rights do
not apply if the Employee does not submit an honorable discharge or other form
of release from proper authority indicating that his or her military service was
satisfactory. If the Employee fails
to apply for reemployment or report to work within the specified time limits,
the returning Employee will be subject to the Employer’s rules governing
unexcused absences as outlined in the Personnel Merit System (2-14-370).
Upon returning from
military duty leave, the Employee has the right to prompt reinstatement, accrued
seniority, training or retraining, and accommodation for disabilities incurred
while in military service. If the
period of service was 90 calendar days or less, reinstatement is to the exact
job the Employee would have had if continuously employed, provided the Employee
is still qualified. If service was
for 91 calendar days or more, the Employer has the option to reemploy the
Employee in another position of like seniority, status, and pay, the duties of
which the Employee is qualified to perform after reasonable efforts by the
Employer to qualify the Employee.
For returning Employees who are disabled during military service, the Employer
will make reasonable efforts to accommodate the returning Employee’s disability.
Reemployment of a
person is excused if an Employer’s circumstances have changed so much that
reemployment of the person would be impossible or unreasonable, for example, a
reduction in force that would have included the person.
FUNERAL LEAVE: Subject to
the provisions of this policy, funeral leave may be provided to Employees for
traveling to and/or from and attending a funeral for a death in the immediate
family (as defined in the "Personnel Merit System") or as approved by the
department head.
Duration of Leave:
The department head shall determine the amount of funeral leave to be
granted. The amount of leave granted
may not exceed five workdays (limited to no more than 8 hours per day) per
occurrence.
LEAVE WITHOUT PAY:
Subject to the provisions of this policy, leave without pay may be
granted to Employees when 1) the Employee's employment record is satisfactory,
2) the value to the Employer or the serious needs of the Employee are sufficient
to offset the cost and administrative inconvenience of granting this leave, and
3) all of the Employee’s Annual Leave and Compensatory Time are exhausted except as otherwise noted in the section titled “Civil
Leave (Military Duty Leave).”.
Leave without pay of five days or less
in a calendar year
is subject to approval by the
department head or designee. Leave
without pay in excess of five working days
in a
calendar year
must be routed through the
Duration of Leave: Leave
without pay may be granted for a specified period of time not to exceed 45
calendar days during a 12-month period.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
Employee uses any leave associated with the event that triggers the need for
leave without pay.
Reinstatement: At the
expiration of leave without pay, the Employee will be reinstated to the position
vacated. Reinstatement may be denied
if:
1.
the Employee would not
otherwise have been employed at the time reinstatement is requested; or
2.
the Employee is no longer
qualified for the position and fails to fulfill the qualification conditions
within a reasonable time following return to work
Employees Receiving Temporary Total Disability (TTD) or
Temporary Partial Disability (TPD) Compensation from the Workers' Compensation
Insurance Fund: An Employee
receiving TTD or TPD from the workers' compensation insurance fund is not
required to exhaust available Annual Leave and/or Compensatory Time in order to
receive Leave without Pay.
Effect on Service Date for
Leave:
Approved leave without pay shall not constitute a break in service.
Effect on Employee Benefits: The use of
leave without pay may impact the Employee’s eligibility for employee benefits.
The Employee must schedule a meeting with a representative from the
ADMINISTRATIVE LEAVE: The City
and
Eligibility for Leave Donation:
Subject to the provisions of this policy, only those Employees:
1.
who have been paid at least 1,040 hours (excluding
overtime hours) as an Employee; or who have a total of
one year of part-time service when the full-time service
credit and or prior service credit are/is included; and
2.
who have exhausted their available annual leave and
compensatory time balances; and
3.
who experience a Serious Health Condition for themselves
or an Immediate Family Member requiring additional leave, or who require Family
Leave due to the birth of a child if completed within 12 months following the
birth of his or her child, or placement of a son or daughter with the Employee
for adoption or foster care, if completed within 12 months after the placement,
are eligible to apply for this leave donation benefit and
may request the
Placement of a son or daughter with the Employee for
foster care must be pursuant to an agreement with the State of
Eligibility for donated leave is subject to the Employee
qualifying for leave under the Family Medical Leave Act.
Maximum Benefit Period:
The term Maximum Benefit Period means the maximum benefit an Employee may
be eligible for under the donated leave benefit.
Unless otherwise noted under the section titled “Limitation of Leave
Donation Benefit” an Employee may be eligible for up to 32 work days of donated
leave during a 12-month period for an Employee’s Serious Health Condition or for
the care for a Serious Health Condition of the Employee’s lawful spouse, parent
or child under 18 years (or older child, if disabled) with the limitation that
donated leave is only available for up to 16 work days in conjunction with the
care for a Serious Health Condition of a family member other than the Employee’s
lawful spouse, parent or child under 18 years (or older child, if disabled). The maximum number of hours per work day is limited to
the Employee’s regular schedule.
Unless otherwise noted under the section titled
“Limitation of Leave Donation Benefit” an Employee may be eligible for up to 32
hours of donated leave during a 12-month period for Family Leave due
to the birth of a child if completed within 12 months following the birth of his
or her child, or placement of a son or daughter with the Employee for adoption
or foster care, if completed within 12 months after the placement.
Human Resources will determine the maximum amount of donated leave, but
no more than 32 hours in a 12-month period, based on the Employee’s regularly
scheduled hours in a pay week.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
Employee uses any leave associated with the event that triggers the need for
donated leave.
Limitation of Leave Donation Benefit:
Eligibility for leave donation ends on the earliest of:
1.
The date the Maximum Benefit period ends; or
2.
The date the Employee exhausts available leave under the
Family and Medical Leave Act; or
3.
The date the Employee no longer has a need for leave due
to resolution of the Serious Health Condition.
Full-Time Service Credit: For purposes
of the Employee Leave Donation program, a full-time employee who is appointed to
a part-time position will be credited for 100 percent of the length of time
served in full-time
Prior Service Credit: If a
separated employee is re-employed within three years of his or her separation
date from a full-time or part-time position, his or her service date for leave
will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Procedure:
A)
The requesting Employee completes an "Employee Leave Donation Request
Form" obtained from the
B)
The Employee submits the form to his or her department head.
C)
The department head authorizes or modifies the amount of leave to be
requested based upon departmental needs and in accordance with applicable laws,
and returns the form to the Employee.
D)
The Employee submits the “Employee Leave Donation Request” form, the
“Leave Request for Family or Medical Leave” form and “Certification of Health
Care Provider” form to the
E)
The
F)
The
G)
The
H)
Donated hours will be exchanged on an hour-for-hour basis--without
consideration of either the requesting Employee's or donating employee's
respective rate of pay. Hours
donated will be on a strictly confidential basis; i.e., the requesting Employee
will not be advised who donated leave hours--only the total number of hours
received.
FAMILY AND MEDICAL LEAVE: Subject to
the provisions of this policy, Employees may be eligible for time off for Family
or Medical Leave under the Family and Medical Leave Act (FMLA).
Definitions: Some words
or terms are defined within this section.
Additional definitions for words or terms used in this section can be
found at the end of this Leave Policy for Part-time Employees.
Employees should refer to the Definitions section to find out exactly
how, for purposes of this Policy, a word or term is used.
Eligibility for Leave:
Employees who have been employed by the Employer at least 12 months (This
need not be consecutive, however; employment prior to a continuous break in
service of seven or more years will not be counted)
and who have worked at least 1,250 hours during the 12 months preceding the
commencement of Family or Medical Leave are eligible for said leave if certain
conditions are met. Hours charged to
annual leave, short-term disability leave, compensatory time used, injury leave,
civil leave, funeral leave, administrative leave and leave without pay do not
count towards the 1,250 hour requirement.
Amount of Leave/Reasons for Leave:
Except in the case of time off taken to care for a Covered
Servicemember with a Serious Injury or Illness,
an eligible Employee may be granted time off for a period of up to 12 workweeks
during a 12 month period as defined under “Calculation of Twelve Month Period”
for any one, or more, of the following reasons:
1.
Medical Leave due to the inability of the Employee to
perform the functions of his or her position due to a Serious Health Condition
caused by Sickness or Injury; or
2.
Family Leave due to:
·
Father’s attendance at the birth of his child;
·
Parent’s care of a newborn, if completed within 12 months
following the birth of his or her child;
·
Placement of a son or daughter with the Employee for
adoption or foster care, if completed within 12 months after the date of
placement;
·
Care for Spouse, Child or the Parent of the Employee who
has a Serious Health Condition; or
·
For Qualifying Exigencies arising out of the fact that
the Employee’s Spouse, Son, Daughter, or Parent is a service member on active
duty (or has been notified of an impending call or order to active duty in
support of a contingency operation).
If both husband and wife are Employees, they are limited
to a combined total of 12 weeks of leave during a 12 month period as defined
under “Calculation of Twelve Month Period” for 1) the birth of the Employee’s
Child or to care for the Child after birth, 2) for placement of a Child for
adoption or foster care, or to care for the Child after placement, or 3) to care
for the Employee’s Spouse, Child or Parent with a Serious Health Condition.
Calculation of the Twelve Month Period: A "rolling"
12-month period is measured backward from the date an employee uses any Family
or Medical Leave except for leave taken to care for a Covered Servicemember’s
Serious Injury or Illness. Each time
the employee takes Family or Medical Leave, the remaining leave would be the
balance of the 12 weeks which has not been used during the preceding 12 months.
Example: an employee takes 4
weeks beginning February 1, 2009; 4 weeks beginning June 1, 2009 and 4 weeks
beginning December 1, 2009. On March
1, 2010, the employee wants to take leave and would only be entitled to 4 weeks.
In the case of
time off
taken to care for a Covered Servicemember with a Serious Injury or Illness,
an eligible Employee may be granted time off for a period of up to 26 workweeks
during a single 12-month period as follows to care for a Covered Servicemember:
The Employee may be granted time off for a period of up
to 26 workweeks to care for a Covered Servicemember with a Serious Injury or
Illness within a single 12-month period.
The single 12-month period begins on the first day the Employee takes
time off to care for the Covered Servicemember and ends 12 months after that
date. If an Employee does not take
all of his or her 26 workweeks of time off to care for the Covered Servicemember
during this single 12-month period, the remaining part of his or her 26
workweeks of time off to care for the Covered Servicemember is forfeited.
The Employee may be entitled to take more than one period of 26 workweeks
of time off if the leave is to care for a different Covered Servicemember or to
care for the same Covered Servicemember with a subsequent Serious Injury or
Illness, except that no more than 26 workweeks of time off may be taken within
any single 12-month period. A
husband and wife who are Employees are limited to a combined total of 26
workweeks of time off during the single 12-month period.
If the eligible Employee has taken Family or Medical
Leave for 1) Father’s attendance at the birth of his child; 2) Parent’s care of
a newborn; 3) Placement of a child with the Employee for adoption or foster
care; 4) Care for
Spouse,
Child or the Parent of the Employee who has a Serious Health Condition; or 5)
For Qualifying Exigencies, and the Employee requests additional leave to care
for a Covered Servicemember, he or she may only take the balance of the 26
workweeks of leave during the single 12-month period (The Employee would not be
eligible for 26 workweeks plus 12 workweeks).
Notification Requirement for
Requesting Leave: When an
eligible Employee requests Family or Medical Leave or if the Employer acquires
knowledge that an eligible Employee’s leave may be for an FMLA-qualifying
reason, the Employer must notify the eligible Employee of the Employee’s
eligibility to take Family or Medical Leave within five business days.
When the need for the leave is foreseeable, the Employee
must submit a “Leave Request for Medical or Family Leave” form to his or her
supervisor and the
If the leave is unforeseeable, the Employee is expected to
give notice to the Employer of the need for FMLA leave as soon as practicable
under the circumstances. As soon as
practicable means as soon as both possible and practical, taking into account
all of the facts and circumstances in the individual case.
When an Employee becomes aware of a need for Family or Medical Leave less
than 30 days in advance, it should be practicable for the Employee to provide
notice of the need for leave either the same day or in the case of the
Employee’s incapacitation, the soonest notice can be given by a family member or
by the Employee.
In the event of a medical emergency, notice may be given
in person or by phone, and in the event of the Employee's incapacity, by the
Employee's spouse or other family member.
The
Employee shall notify the Human Resources representative as soon as practicable
if dates of scheduled leave change or are extended, or were initially unknown.
The
Employer notice will include, as appropriate:
·
That the leave may be designated and counted against the
Employee’s Family or Medical Leave balance if qualifying and the applicable
12-month period,
·
Any requirements for the Employee to furnish the
appropriate certification form, and the consequences for failing to do so,
·
The Employer’s requirement to substitute unpaid leave with
paid leave, and the Employee’s ability to take unpaid leave if the Employee does
not meet the conditions of paid leave,
·
Any requirement for the Employee to make premium payments
to maintain benefits and the arrangements for making such payments, along with
the possible consequences of failure to make such payments on a timely basis,
·
The Employee’s rights to maintenance of benefits during
Family or Medical Leave and restoration to the same or an equivalent job upon
return from Family or Medical Leave,
·
The Employee’s potential liability for payment of benefit
premiums paid by the Employer during the Employee’s unpaid Family or Medical
Leave if the Employee fails to return to work after taking Family or Medical
Leave,
·
Whether the Employer will require periodic reports of the
Employee’s status and intent to return to work.
·
The requirement for the Employee to submit the
Return-to-Work form completed by the Health Care Provider prior to returning to
work. The Employee cannot return to
work until the form is submitted to his or her immediate supervisor or Human
Resources.
The
Employee must provide a copy of this form to his or her immediate supervisor and
the original form to Human Resources on or before his or her first day back to
work.
Medical Certification:
Medical certification is required under the following circumstances:
1.
for Medical Leave in which the Employee uses short-term
disability leave, annual leave, donated leave, compensatory time, or leave
without pay; or
2.
for Family Leave in which the Employee uses annual leave,
donated leave, compensatory time, or
leave without pay.
The
Employee must comply with the eligibility and procedural requirements when
requesting annual leave, donated leave, short-term disability, compensatory
time, or Leave without Pay. Failure
to submit the proper documentation may result in a denial of one or more of
these paid leaves even if the Employee submits the appropriate paperwork for
Family or Medical Leave.
The Employee must submit the appropriate completed
certification form within fifteen
calendar days of receiving notice from Human Resources, or the request may be
denied until the certification is received.
Documentation confirming family relationship, adoption or foster care may
be required.
Please
note: donated leave and/or short-term disability leave will not be granted until
the Employee submits the appropriate request and/or certification forms and the
leave is approved by Human Resources.
Recertification and the use of second and third opinions are not allowed when
the Employee is taking leave to care for a Covered Servicemember.
Description of the certification forms. The Human
Resources representative will send the applicable form to the Employee with the
Employer Notice letter once the Human Resources representative becomes aware of
the Employee’s need to request Family or Medical Leave.
There are four certification forms available depending on the nature of
the qualifying event:
·
Certification of Health Care Provider for Employee’s
Serious Health Condition (Form WH-380-E) – Employer, Employee and Employee’s
Health Care Provider are responsible for completing designated sections of this
form.
·
Certification of Health Care Provider for Family Member’s
Serious Health Condition (Form WH-380-F) – Employer, Employee and Family
Member’s Health Care Provider are responsible for completing designated sections
of this form.
·
Certification for Serious Injury or Illness of a Covered
Servicemember for Military Family Leave (Form WH-385) - Employee and
Servicemember’s Health Care Provider are responsible for completing designated
sections of this form.
·
Certification for Qualifying Exigency for Military Family
Leave (Form WH-384) – Employer and Employee are responsible for completing
designated sections of this form.
The
applicable certification form must be submitted to the Human Resources
representative within 15 calendar days after the Human Resources
representative’s request, unless it is not practicable.
If the submitted form is incomplete or insufficient, the Human Resources
representative will advise the Employee, in writing, what additional information
is necessary to make the certification complete and sufficient.
The Employee has seven calendar days to cure any deficiency.
Failure by the Employee to cure any deficiency may result in the denial
of the request for Family or Medical Leave.
Medical
Examinations:
The Employer reserves the right to require an Employee to obtain a second
medical opinion, at Employer expense, and if the leave extends beyond 30
calendar days to obtain additional medical certification.
However, if the initial medical certification indicates that the minimum
duration of the condition is more than 30 days, the Employer must wait until
that minimum duration expires before requesting recertification unless 1) the
Employee requests an extension of leave, 2) circumstances described by the
previous certification have changed significantly, or 3) the Employer receives
information that casts doubt upon the Employee’s stated reason for the absence
or the continuing validity of the certification.
Please
note: if the Employee is on short-term disability leave, he or she may be
required to submit a form re-certifying his or her Serious Health Condition
every 30 days in order to continue to receive the short-term disability leave
benefit.
Any
recertification requested by the Employer shall be at the Employee’s expense
unless the Employer provides otherwise.
Condition
of Leave:
Family and/or Medical Leave will consist of available accrued paid leave
and unpaid leave. The Employee must
use all available accrued paid leave before unpaid leave can be utilized.
Any accrued paid leave that qualifies as Family and/or Medical Leave will
count towards the applicable 12 or 26 workweek period.
The cumulative length of leave cannot exceed the applicable 12 or 26
workweeks within the applicable 12-month period and is not 12 or 26 workweeks per incident.
Substitution of Paid Leave for Unpaid Leave:
The Employer requires Employees to use accrued paid leave while taking FMLA
leave. In order to use paid leave
for FMLA leave, Employees must comply with and be eligible for the Employer’s
applicable paid leave programs noted elsewhere in this Policy.
If
an Employee fails to follow the Employer’s policies, the Employee cannot use
accrued paid leave, but can take unpaid leave for approved FMLA absences.
FMLA leave is without pay when paid leave benefits are exhausted.
Here are the types of leave an Employee may be eligible to use
depending on the reasons for the leave.
|
Type of Paid Leave |
For Employee’s Serious Health
Condition |
For Employee’s Spouse,
Dependent Child or Parent with Serious Health Condition or
birth/adoption of child |
For Qualifying Exigencies for
Employee’s Spouse, Son, Daughter or Parent |
Service member leave for
Employee’s Spouse, Son, Daughter, Parent or Next-of-Kin |
|
Annual |
Yes |
Yes |
Yes |
Yes |
|
Comp Time |
Yes |
Yes |
Yes |
Yes |
|
Donated |
Yes |
Yes |
No |
No |
|
Injury |
Yes |
No |
No |
No |
|
Short-term disability |
Yes |
No |
No |
No |
Paid leave must be accrued before
it can be used for any absence. An
Employee cannot use Donated Leave, Injury Leave or Short-term Disability Leave
until it is approved by Human Resources.
If an Employee does not have sufficient paid leave to cover the entire period of
leave requested and approved, the balance of the Family or Medical Leave will be
unpaid as long as the total of the paid leave and the unpaid leave does not
exceed the maximum allowed per 12-month period.
Return to Work: Prior to
return to work from a Serious Health Condition, the Employee
must assure that his or her Health Care Provider has completed the “Health Care
Provider’s Release to Return to Work” form prior to his or her return to Active
Status. The Employee must provide a
copy of this form to his or her immediate supervisor and the original form to
the
The cost of the return-to-work certification shall be
borne by the Employee.
Human Resources may contact the Employee’s Health Care
Provider for purposes of clarifying and authenticating the return-to-work
certification.
City and County Determination:
Based on the information provided to the Employer, the Employer shall
determine if any paid leave taken by an Employee is to be counted as FMLA leave.
Intermittent Leave and Reduced Leave Schedule:
In a limited circumstance as described below, an Employee who is eligible
for Family or Medical Leave may be permitted to work a reduced schedule or
receive periodic time off from work.
In cases of a Serious Health Condition of the Employee or a family member
(Spouse, Parent or Child), Serious Injury or Illness of a Covered Servicemember
or Qualified Exigency, such leave may be granted in circumstances noted under
the Family and Medical Leave Act.
The Employee must submit the “Leave Request for Family or Medical Leave” form
and the appropriate “Certification of Health Care Provider” form indicating the need
for intermittent leave or reduced leave schedule.
Where a reduced work schedule or intermittent leave is foreseeable based
on planned medical treatment, the Employer may temporarily transfer the Employee
to a comparable position that better accommodates the Employee’s recurring
periods of leave if such a position is available and such transfer would be
consistent with the needs of the Employer.
In other cases in which Employees are eligible for Family
or Medical Leave, such as pregnancy and childcare, adoption or placement of a
child, the Employer may review the individual circumstances involved in
considering reduced schedule or intermittent leave requests.
The Employer may take into account the Employee’s length of service,
number of requests, duties, work load and Employee’s job performance in making
such decisions. Intermittent leave
will not be granted beyond 12 months following the birth of the child or
adoption or placement of a child.
The Employee must make a reasonable effort to schedule
treatment so as not to unduly disrupt the Employer’s operation.
Employment Protection:
Following FMLA leave, the Employee shall be returned to the same position
held before taking the leave, or to a position which is equivalent in terms of
employment benefits, hours, pay, and other working conditions.
Subject to the applicable provisions of the Personnel Merit System,
reinstatement may be denied if:
1.
the Employee would not otherwise have been employed at the
time reinstatement is requested;
2.
the Employee is no longer qualified for the position and
fails to fulfill the qualification conditions within a reasonable time following
return to work.
3.
the Employee is unable to perform the position because of
a physical or mental condition, including the continuation of a Serious Health
Condition. This provision is subject
to the requirements of the Americans with Disabilities Act.
4.
the Employee is a key employee, a salaried employee
among the highest paid 10% of Employees, and reinstatement would result in
substantial and grievous economic injury to the Employer.
Impact on Dental Insurance:
Dental insurance coverage will be continued for the Employee during the
duration of the leave under the same conditions as if the employment was
continuous, including providing the Employee with any new or additional coverage
resulting from changes in the dental plan.
The Employee is responsible for payment of any monthly Employee cost of
dental insurance while on leave. The
Employee may elect not to continue dental insurance coverage during leave, and
upon return to work, shall be reinstated on the same terms and conditions as
existed prior to taking leave without any qualifying period or need for physical
examination.
Impact on Life and Accidental Death & Dismemberment (AD&D)
Insurance: Coverage
under Life and AD&D insurance programs will be continued for the duration of the
leave in accordance with provisions contained within the respective certificates
of insurance.
Impact on Medical Premium Reimbursement and Leave Accrual:
An Employee on unpaid FMLA leave will be eligible for the Medical Premium
Reimbursement program for the duration of his or her unpaid FMLA leave. An Employee
will receive the annual leave accrual for hours worked as noted in the Annual
Leave Section.
Employee Remittance of Required Payments: If the
Employee
is not in paid status, the Employee shall make arrangements with the Human
Resources representative to remit timely payments.
Failure to make timely payments may result in loss of coverage during the
leave.
Employer Recovery of Insurance Premiums:
If an Employee fails to return to work following unpaid FMLA leave, the
Employer may seek recovery of the insurance premiums paid by the Employer.
Procedures:
1)
The “Employee Rights and Responsibilities under the Family
and Medical Leave Act General Notice” is available to all applicants, new hires
and employees.
2)
The Employee must notify the Employer either through his
or her supervisor or to Human Resources directly of an absence that qualifies
under Family or Medical Leave.
3)
Once Human Resources has been notified, a “Notice of
Eligibility and Rights and Responsibilities” form as well as the appropriate
Certification form will be sent to the Employee.
The Employee must complete and return the required forms to Human
Resources within 15 calendar days.
Failure to provide notification and appropriate certification in a timely manner
may result in denial of Family or Medical Leave.
4)
Upon receipt of the required forms, Human Resources will
send the Employee a “Designation Notice” indicating whether or not the Family or
Medical Leave has been approved. If
further information or clarification is necessary, the Employee will have seven
calendar days to supply it or the leave may be denied.
5)
During the Family or Medical Leave, time off should be
recorded on the timesheet with a designation from the Employee indicating which
leaves are being applied to Family or Medical Leave.
6)
During unpaid leave, the Employee must remit the
appropriate premiums to Human Resources on or before the agreed upon deadline.
7)
If the Employee’s Family or Medical Leave period has been
exhausted, and the Employee is still not able to return to work, the Employee
must contact his or her supervisor and Human Resources to explore other options,
if any.
8)
If the Employee requests to be out longer than the maximum
period he or she qualifies for under the Family and Medical Leave Act, the
request will be forwarded to the appropriate approval level for consideration.
Other Information:
Electronic access to the Family and Medical Leave Act: Code of Federal
Regulations, Part 825 is available through Broomfield’s intranet site.
Unlawful Acts:
The FMLA makes it unlawful for the Employer to interfere with, restrain,
or deny the exercise of any right provided under the FMLA; or to discharge or
discriminate against any person for opposing any practice made unlawful by FMLA
or for involvement in any proceeding under or relating to the FMLA.
Enforcement:
The Employee may contact Human Resources if he or she has a complaint
regarding this policy. A complaint
may also be filed with the U.S. Department of Labor.
DOMESTIC ABUSE LEAVE: Subject to
the provisions of this policy, Employees may be eligible for time off if they
are the victims of the following statutorily defined events:
1.
domestic violence or abuse;
2.
stalking;
3.
sexual assault; or
4.
a crime found by a court on the record to include an act
of domestic violence.
If an Employee has been with the Employer for more than 12
months and has been the victim of one of these statutorily defined events then
he or she may request up to three working days off in a 12-month period.
The Employee must use leave for one or more of the following reasons:
1.
seeking a civil restraining order to prevent domestic
abuse;
2.
seeking services from a domestic violence shelter, program
or rape crisis center as a result of domestic violence;
3.
as a result of domestic abuse, stalking, sexual assault,
or any other crime involving domestic violence:
·
Obtaining medical care or mental health counseling for
himself or herself or his or her children to address physical or psychological
injuries arising from the act or crime;
·
Making his or her home secure from the perpetrator or
seeking new housing to escape the perpetrator;
·
Seeking legal assistance to address the issues and
attending and preparing for court-related proceedings arising from the act or
crime.
Condition of Leave:
Domestic Abuse Leave will consist of available accrued paid leave and
unpaid leave. The Employee must use
all available accrued paid leave (annual leave and compensatory time) before
unpaid leave can be utilized.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
employee uses any Domestic Abuse Leave.
Each time the employee takes Domestic Abuse Leave, the remaining leave
would be the balance of the three days which has not been used during the
preceding 12 months. Example:
an employee takes one day on
Notification Requirement:
The Employee completes the “Request for Domestic Abuse Leave” form and
forwards said form to his or her supervisor.
The supervisor acknowledges the request by signing the form and forwards
the form to
The supervisor may require the Employee submit one or
more of the following types of documentation to support the request for leave:
1.
A police report indicating that the Employee was a victim
of domestic violence;
2.
A court order protecting or separating the Employee from
the perpetrator of an act of domestic violence, or other evidence from the court
or prosecuting attorney that the Employee appeared in court; or
3.
Documentation from a medical professional, domestic
violence advocate, health care provider, or counselor that the Employee was
undergoing treatment for physical or mental injuries or abuse resulting in
victimization from an act of domestic violence.
PARENTAL INVOLVEMENT IN KINDERGARTEN THROUGH TWELFTH GRADE EDUCATION:
Subject to the provisions of this policy, non-supervisory Employees may
be eligible for time off if they are the parent or legal guardian of a child in
grades kindergarten through twelfth grade in a public, private or home-based
educational program and they require time off during an Academic Year to attend
Academic Activities as defined in this section of the Leave Policy.
Definitions applicable to this
section include:
Academic Activity
The term “Academic Activity”
means the following meetings or conferences regarding the Employee’s child or
any child for whom the Employee is the legal guardian:
Academic Year:
The term “Academic Year” means the period, not to exceed
twelve consecutive months, allotted by a school for the completion of one grade
level of study.
Length of Time Off/Eligibility for Time Off:
This program permits full-time employees in non-supervisory positions up
to 18 hours of time off in an Academic Year.
Part-time non-supervisory Employees may take a pro-rated amount of leave
based on their full-time equivalency percentage.
For example, an Employee who works 32 hours per week would be eligible
for up to 14.5 hours. An employee
who works 20 hours per week would be eligible for up to 9 hours.
Employees must use this time off from work to attend an
Academic Activity as defined in this section above.
Employees may request time off in up to three hour
increments up to six hours in any one-month period and no more than the prorated
amount in any Academic Year.
Employees are encouraged to make a reasonable attempt to
schedule Academic Activities outside of regular work hours except in
emergencies; employees are required to provide at least one calendar week
advance notice to their supervisors for the need for time off.
Employees shall work with their supervisors to schedule
the time off so that it is most convenient for the employee and the work team,
if possible.
The City and County of Broomfield may limit the ability of
an Employee to take parental involvement time off in cases of emergency or in
other situations where the Employee taking time off may endanger a person’s
health or safety or in a situation where the absence of the Employee would
result in a halt of service or production.
Payment During Time Off:
Employees are required to use accrued annual and/or compensatory time for
time off under this program. If no
such accrued leave is available, the Employee shall request Leave without Pay
and such time off shall be unpaid.
Notification Requirement: The Employee shall request time off through his or her supervisor at least one calendar week in advance of the Academic Activity, and the supervisor may request that the Employee submit written verification of the Academic Activity from the school or school district. In the case of an emergency where the Employee cannot provide one calendar week notice in advance, the Employee shall provide the supervisor with notice of the need for time off as soon as possible once he or she becomes aware of the need for time off and shall provide the supervisor with written verification, if requested, upon return to work.
This section defines certain
terms used throughout this policy.
The first
letter of each of these words will be capitalized whenever it is used as defined
below in this text.
Active Status
The term
“Active Status” means the Employee’s performance of duties at:
1.
the Employer’s usual place of business; or
2.
any other business location to which the Employer requires the Employee
to travel.
Unless disabled on the prior workday or on the day of absence, an Employee will
be considered to be in Active Status on the following days:
1.
a Saturday, Sunday or holiday which is not a scheduled workday; or
2.
a paid annual leave day or other scheduled or unscheduled non-workday.
Child
The Employee’s biological, adopted or foster child; a
step-child; a legal ward; or a child of a person standing in the place of a
parent (in loco parentis) who is under
18 years of age or 18 years of age and older and incapable of self-care because
of a mental or physical disability.
Covered Service Member (for Servicemember Family Leave)
A Spouse, Son, Daughter, Spouse or Next of Kin of the Employee who is a member
of the Armed Forces including a member of the National Guard or Reserves who has
a serious injury or illness incurred in the line of duty while on active duty
that may render the servicemember medically unfit to perform his or her duties
and for which the servicemember is undergoing medical treatment, recuperation,
or therapy; or is in outpatient status; or is on the temporary disability
retired list.
Daughter
The Employee’s biological, adopted, or foster child,
stepchild, legal ward, or a child for whom the Employee stood
in loco parentis.
Disability
The term
“Disability” means a condition caused by an Injury or Sickness which causes the
Employee to be absent from his or her regular duties on a regularly or reduced
schedule basis.
Employee
The term “Employee” means an Employee
who is paid 20 or more hours per week in any one position on a regularly
scheduled, year round basis.
Full-time and temporary employees are not eligible for benefits under this
policy. Part-time employees who are
paid less than 20 hours per week in any one position are not eligible for
benefits under this policy.
Employer
The term
“Employer” means the City and
Health Care Provider
The term Health Care Provider is defined in § 825.125 of
the CFR and means 1) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in which the doctor
practices; or 2) any other person determined by the Secretary of Labor to be
capable of providing health care services.
Other persons include but are not limited to podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, nurse practitioners,
nurse-midwives, clinical social workers and physician assistants who are
authorized to practice under State law and who are performing within the scope
of their practice as defined under State law.
Immediate Family Member
The term
“Immediate Family Member” as defined by the Personnel Merit System means
those individuals related to an Employee in the
following manner: mother; father; stepmother; stepfather; foster mother; foster
father; lawful spouse; mother-in-law; father-in-law; grandmother; grandfather;
brothers; sisters; children, to include stepchildren and foster children; or any
relative living in the Employee’s household.
Inactive Status
The
term “Inactive Status” applies to an Employee who is not working and who has
exhausted all available leave benefits including leave without pay.
The term “Injury” means bodily damage
other than Sickness, including all related conditions and recurrent symptoms.
Mental Illness
The term “Mental Illness” means any
disorder which impairs the behavior, emotional reaction or thought process of a
person, regardless of medical origin.
Next of Kin
The nearest blood relative other than the Covered Servicemember’s Spouse,
Parent, Son or Daughter according to the order set out in § 825.122(d) of the
CFR.
Parent
The biological, adoptive, step or foster parent of an Employee, or an individual
who stood in place of the parent when the Employee was a child (in
loco parentis). This definition
does not include parents “in-law”.
Personnel Merit System
The term “Personnel Merit System” means
the personnel policies and rules of the Employer as codified in the Broomfield
Municipal Code, Chapter 2-14.
Physician
The term “Physician” means:
1.
A legally qualified medical doctor who is licensed to practice medicine,
to prescribe and administer drugs or to perform surgery; or
2.
Any other duly licensed medical practitioner who is deemed by applicable
state law to be the same as a legally qualified medical doctor.
The term Physician does not
include a person who resides in the patient's home or who is a member of the
patient's Immediate Family. The
Employer shall in no way disturb the physician/patient relationship.
Qualifying Exigencies
The term Qualifying Exigencies is defined in § 825.126 of
the CFR and includes one or more of the following: 1) short notice deployment,
2) military events and related activities, 3) childcare and school activities,
4) financial and legal requirements, 5) counseling, 6) rest and recuperation, 7)
post-deployment activities, and 8) additional activities.
Serious Health Condition
The term “Serious Health Condition” means a Sickness, Injury or
Disability that involves
either:
·Hospital Care – Inpatient care
(i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any period of
incapacity (i.e., inability to work, attend school, or perform other regular
daily activities) or subsequent treatment in connection with such inpatient care.
; or
·
Treatment two or more times by or under the supervision of a health care
provider (i.e., in-person visits, the first within seven days and both within 30
days of the first day of incapacity); or
·
One treatment by a health care provider (i.e., an in-person visit within seven
days of the first day of incapacity) with a continuing regimen of treatment
(e.g., prescription medication, physical therapy); or
Serious Injury or Illness
The term Serious Injury or Illness means an injury or illness incurred by a
Covered Servicemember in the line of duty on active duty that may render the
Covered Servicemember medically unfit to perform the duties of his or her
office, grade, rank or rating.
Servicemember (for Qualifying Exigency Leave)
A Spouse, Child or Parent of the Employee who is on active duty or called to
active duty status in the National Guard or Reserves in support of a contingency
operation.
The term “Sickness” means a bodily
disorder, disease, illness or pregnancy.
The term Sickness includes Mental Illness and Substance Abuse.
Son
The Employee’s biological, adopted, or foster child, stepchild, legal ward, or a
child for whom the Employee stood in loco
parentis.
Spouse
Spouse means a husband or wife as defined or recognized under Colorado State Law
for purposes of marriage, including common-law marriage in the State of
Colorado.
Substance Abuse
A condition caused by regular excessive
compulsive drinking of alcohol or taking of drugs that results in a chronic
disorder affecting physical health and/or personal or social functioning.
Total Disability
The term
“Total Disability” means a condition caused by an Injury or Sickness in which
the Employee is unable to perform on a regularly scheduled basis 1) the duties
of his or her occupation for wage or profit; or 2) any modified duty assignment.