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Table Of Contents

 1. Purpose

 2. Definitions

 3. Preparation, Adoption and Revision of Regulations

 4. Exemptions from Civil Service

 5. Classification Plan

 6. Pay Plan

 7. General Requirements for Applicants

 8. Applications

 9. Examinations

10. Eligible Lists

11. Requisitions, Certification and Appointment

12. Limited-Term Appointments

13. Assignments and Transfers

14. Probationary Period

15. Resignation, Reinstatement, Restoration and Retirement

16. Layoffs

17. Dismissals, Demotions, Suspensions and Appeals

18. Hours of Work and City Service

19. Holidays

20. Vacation Leave

21. Sick Leave

22. Leaves of Absence

23. Performance Reports

24. Working Conditions

25. Records and Reports

26. Training of Employees

27. Safety, Health, Welfare and Recreation

28. Labor Relations

29. Political Activity

30. Residence Requirement

31. Interim Regulations

32. Injury and Disability

33. Miscellaneous Regulations


Alphabetical Index

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z




22. LEAVES OF ABSENCE


22.01 - GENERAL PROVISIONS.  No officer or employee in the Civil Service shall absent himself from duty without leave except in case of sickness or great emergency.
An employee who is absent from the service without a valid leave of absence for five consecutive working days shall be deemed to have abandoned his position and to have resigned from the service unless he shall within a period of ten (10) calendar days next succeeding such five (5) days prove to the satisfaction of the Director that such failure was excusable; provided however, that nothing herein contained shall be construed as preventing an appointing authority from suspending or discharging an employee on account of unauthorized absence.
22.02 - LEAVES OF ABSENCE WITHOUT PAY, GRANTING OF.  The appointing authority, subject to the approval of the Director, may grant a leave of absence without pay for a period not exceeding one year, to an employee upon the employee's written request.  Such leave, however, may, for meritorious reasons, be extended for additional periods with the approval of the appointing authority and the Director.  The employee's written request shall state the duration of the requested leave and the reason for the request.  Medical documentation shall accompany requests for medical leaves.  If a leave request is denied and such denial will have the effect of causing the employee's separation from City service, the employee shall be notified in writing that his/her request has been denied and that he/she may appeal such action to the Civil Service Commission within thirty (30) calendar days.
22.021 - APPEALS.  An employee may appeal to the Commission within thirty (30) calendar days after having his request for a leave of absence without pay rejected by the appointing authority if such rejection would have the effect of causing the employee's separation from City service.  The appointing authority must notify the employee of such rejection in writing.  The appeal shall be accompanied by a copy of the employee's written request to the appointing authority for said leave of absence.  The Commission shall hear and dispose of appeals in the following manner:
22.0211 - If the Commission sustains the appeal it shall order the granting of the leave of absence without pay for a period not exceeding one year.
22.0212 - If the Commission overrules the appeal of the employee, it shall confirm the action of the appointing authority which shall be final as of the date it was taken.
22.022 - TERMINATION.  In order that the status of an employee on leave and that of the substitute, if any, may at any time be determined, such leave shall be given for definite stipulated periods.  If, on the day following the expiration of a leave, the employee has not returned to his position and the leave has not been extended, the employee shall be considered to have resigned from his position and the appointing authority shall then separate the employee who should be notified in writing of such separation and that he/she may appeal such action to the Civil Service Commission within thirty (30) calendar days.
22.023 - FAMILY AND MEDICAL LEAVE.  In accordance with Public Law 103-3, The Family and Medical Leave Act of 1993, employees who can certify a qualifying need, observe the notice requirements, and otherwise comply with the provisions of the law are entitled to up to twelve (12) work weeks of unpaid leave for their own serious health condition or the serious health condition of an immediate family member (parent, spouse, son or daughter) within a twelve (12) month period.  Leave may be granted for extended occurrences, intermittent occurrences, or as part(s) of the work day.  City-paid medical benefits shall continue until the end of the twelve work week allowance, but in the event the employee leaves City employment at the end of such leave, the City may recover any medical benefit payments made during the course of the leave.  Upon termination of the leave, the employee is guaranteed reinstatement to the same or an equivalent position.  Consistent with the Act, the City requires that the employee use all paid administrative and all applicable sick leave reserves prior to using any unpaid allowance of Family and Medical Leave.
For the purpose of this regulation only, son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward or a child of a person standing in loco parentisIn loco parentis is defined as a person who provides day to day care for a child who is under 18 years of age or a child 18 years of age or older who is incapable of self-care because of mental or physical disability.
22.0231 - Military Family Leave Entitlement.  In accordance with The National Defense Authorization Act (NDAA), Public Law 110-181, which amended the FMLA, employees are eligible for Military Care-giver Leave and Qualifying Exigency Leave.  Employees are required to comply with all the requirements for use of the leave as defined in Regulation 22.023 above and as defined in The National Defense Authorization Act.
  1. Military Caregiver Leave: An employee is eligible to take up to 26 weeks of unpaid leave in a single 12-month period to care for a covered service member with a serious injury or illness.

    A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.  A covered service member may also be a veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces, National Guard or Reserves at any time during the five-year period before beginning such treatment.

    A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.

    The single 12-month period for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the City for other types of FMLA leave.

    An eligible employee is limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reason during the single 12-month period.

    Spouses employed by the City are limited to a combined total of 26 work weeks in a single 12-month period if the leave is to care for a covered service member with a serious injury or illness, and for the birth and care of a newborn child, for placement of a child for adoption or foster care or to care for a parent who has a serious health condition.

  2. Qualifying Exigency Leave: An employee is eligible to take up to a total of 12 work weeks of unpaid leave during the normal 12-month period established by the City for FMLA for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty in support of a contingency operation.

    Under the terms of the statute, qualifying exigency leave is available to a family member of a member of the National Guard or Reserves who is on active duty or is called to active duty status, or a member of the regular Armed Forces who is deployed to a foreign country.

    An eligible employee is limited to a combined total of 12 work weeks of leave for any FMLA-qualifying reason during the 12-month period.
22.0232 - FMLA Leave and Military Family Leave For Life Partners.  The City extends the same leave entitlements and benefits to employees to care for a Life Partner, as that term is defined in 9-1102(p) of the Philadelphia Code, who has a serious health condition, and to employees who are Life Partners of a covered service member.  Employees shall receive identical benefits, and are required to comply with all requirements for use of the leave as defined in Regulation 22.023 and 22.023-1 above.  This Regulation does not create a right for an employee to take unpaid leave that exceeds the amount of unpaid leave time allowed under the federal Family and Medical Leave Act of 1993 (29 USC 2601 et seq.), as amended.  Any leave taken under the provisions of this Regulation shall be considered a part of the leave granted by the Family and Medical Leave Act of 1993.
22.024 - LEAVE OF ABSENCE INITIATED BY APPOINTING AUTHORITY.  In the event that an employee is absent from duty without approved leave because of sickness or serious emergency, and is unable to request a leave of absence, the appointing authority, subject to the approval of the Director, may grant the employee a leave of absence without pay for a period not exceeding one year.  The appointing authority must define the duration of the leave and the reason for the leave.  The appointing authority must provide the employee with written notification of the approved leave and such notification must include the duration of the leave and a description of the consequences of not returning from the leave.
The employee may submit a written request for a separate leave of absence without pay at any time during an approved leave of absence initiated by the appointing authority.  Such requests will be governed by the provisions of Regulation 22.02 and its sub-sections.
  1. Return to Work Following Leave of Absence Initiated by Appointing Authority
    Return to work following a leave of absence initiated by the appointing authority must comply with the provisions of Regulation 22.04.  The employee must submit medical documentation upon return to work if the leave was for medical reasons.

  2. Denial of Request by Director
    If a leave request is denied by the Director, such denial will have the effect of causing the employee's separation from City service.  The employee shall be notified in writing.  The employee has no right to appeal the denial of such a leave to the Civil Service Commission.

  3. Abandonment of Position at Expiration of Leave
    If, on the day following the expiration of an approved leave of absence initiated by the appointing authority, the employee has not returned to work, and the leave has not been extended, the employee shall be considered to have abandoned his or her position and the appointing authority shall separate the employee from City service.  The employee has no right to appeal such action to the Civil Service Commission.

22.03 - LEAVE DURING PROBATIONARY PERIOD.  No leave of absence shall be granted to an employee who has not completed his probationary period, except:
22.031 - In cases of serious illness where the Director, after examination of the facts of each case, shall find that such leave of absence should be granted, or
22.032 - To meet an extraordinary situation where it appears to be for the good of the service.
22.033 - To complete the pre-employment background investigation.
22.034 - To take leave to address domestic or sexual violence.
22.04 - RETURN TO DUTY FOLLOWING LEAVE.  At the expiration of a leave of absence without pay an employee reporting for duty shall thereupon be returned to the position filled by him or her when such leave was granted.  An employee may return to duty before the expiration of leave only with the approval of the appointing authority.  Return to duty in all instances shall be reported on forms prescribed by the Director.
22.041 - RETURN TO DUTY FOLLOWING LEAVE TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE.  Any employee who takes leave pursuant to the Philadelphia Ordinance "Entitlement to Leave Due to Domestic or Sexual Violence" to address domestic or sexual violence shall be entitled, on return from such leave to be restored to the position held by the employee when the leave commenced or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
22.05 - INFORMAL LEAVES OF ABSENCE WITHOUT PAY NOT TO EXCEED FIFTEEN (15) WORKING DAYS.  The appointing authority may, at his discretion, grant to employees upon their request informal leaves of absence, without pay, not to exceed fifteen (15) working days.  Such leaves of absence do not require the approval of the Director and the granting of such leaves of absence without pay need not be reported to the Personnel Department.
22.06 - EMERGENCY LEAVE.
22.061 - EMPLOYEES EXCUSED DURING WORKING HOURS.  The Director may, because of extreme weather or other emergency conditions, authorize employees who are on duty, other than those needed for essential services, to be excused during working hours with pay.
22.062 - INABILITY TO REPORT FOR WORK BECAUSE OF EMERGENCY.  If, in the event of extreme weather or other emergency conditions, an employee is unable to report for work at the designated starting time, or is unable to report for work for one or more entire days, the appointing authority or his designated representative shall determine if such extreme conditions warrant paying the employee for time lost from work.  If he determines that the employee should be paid, he shall certify such fact on the payroll.
22.063 - CERTIFICATION OF DIRECTOR.  The Director shall promptly certify to each appointing authority or his designated representative, the Director of Finance and the Controller, the dates on which employee absences may be excused under this Regulation.
22.07 - LEAVE OF ABSENCE FOR EMPLOYEES SERVING IN EXEMPT POSITIONS.  An employee with permanent Civil Service status may be granted a leave of absence without pay to permit him to serve the City in an exempt position.  Such leave shall be made in accordance with Section 22.02 of this Regulation, except that such leave will be valid for the period that the employee serves in the position for which the leave was granted.  The seniority rights of such employee shall accumulate during the employee's period of service in the exempt position.
22.08 - MILITARY LEAVE.  Any employee having permanent or probationary Civil Service status who has entered or shall enter the Uniformed Services shall be granted a military leave of absence.  Except for the leave authorized by Regulation 22.088, the leave shall be without pay in accordance with the following conditions:
22.081 - DEFINITIONS.
  1. "Enter" shall mean to be drafted by the Uniformed Services; to be ordered into active service if a member of a reserve component of the Uniformed Services; or in any way to enter involuntarily or remain in active service involuntarily; or to enter voluntarily into active service in the Uniformed Services.

  2. "Uniformed Services" shall mean:
    • Any of the Armed Forces of the United States;
    • The National Guard when engaged in active duty, active duty for training, inactive duty training, or full-time National Guard duty;
    • The commissioned corps of the Public Health Service of the United States;
    • A period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty in the Uniformed Services;
    • A period for which a person is absent from a position of employment for the purpose of performing funeral honors duty;
    • And any other category of persons designated by the President in time of war or national emergency.
22.082 - PROOF OF ENTRY.  Proof of the entry into active service in the Uniformed Services must be submitted and filed with the Personnel Department.
22.083 - LOSS OF BENEFITS.  Any employee who is separated from the Uniformed Services under other than honorable conditions or who is dismissed or dropped from the Uniformed Services shall not be entitled to any of the benefits of Regulation 22.08 and its subdivisions.
22.084 - DURATION OF LEAVE.
  1. A military leave for an employee who is drafted or enlists in the Uniformed Services (other than a Reserve component) or enters upon active duty and is released under honorable conditions, shall extend for a period up to, but not exceeding, ninety (90) days after release from active duty in the Uniformed Services, or release from hospitalization continuing after discharge for a period of not more than two years.  Military leave shall cover a cumulative period of active service in the Uniformed Services not exceeding five (5) years, unless a subsequent period of service is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law).

  2. A military leave for a member of the National Guard or of a Reserve component of the Armed Forces of the United States who is ordered to an initial period of active duty for training of not less than three consecutive months shall extend for a period up to, but not exceeding, thirty-one (31) days after release from such active duty for training after satisfactory service, or discharge from hospitalization incident to such active duty for training or two years after such hospitalized member's scheduled release from such training, whichever is earlier.

Within the period defined in (a) or (b) above, the employee must indicate in writing or in person his/her readiness, willingness, and ability to return to City employment.  Failure of an employee to report for duty on or before the expiration of military leave as defined in (a) or (b) above shall be considered as terminating employment.
22.085 - REINSTATEMENT TO CITY SERVICE.  Upon return from military leave of absence, the employee shall immediately be reinstated in his or her former department without loss of seniority to the class of position occupied at the time the leave was granted or to the class that the employee has been promoted to in accordance with Regulation 22.086.  A probationary employee returning from military leave, shall, upon return to his City employment, be required to complete his probationary period before his appointment becomes permanent.
22.0851 - Reinstatement of Disabled Employee.  Should an employee, while in the Uniformed Services, become incapacitated to such a degree that normal resumption of duties is impossible, he or she shall, unless totally disabled, be placed by his or her former department in a position commensurate with qualifications and disabilities.  If no such position exists in the employee's former department, the Personnel Department will, upon request, attempt to place the employee in a position commensurate with his or her qualifications and disabilities; provided however, if no such position is available, his or her name shall be placed upon an appropriate layoff list.
22.0852 - Abolition of Position During Military Leave.  Should the position of an employee on military leave be abolished or consolidated, the employee shall, upon return from service in the Uniformed Services, be given employment in a comparable position or, if that is not possible, in a lower position in the department; provided however, that the name of such employee shall be placed on the layoff list for the original class.
22.086 - APPOINTMENT OF ELIGIBLES ON ELIGIBLE LISTS DURING MILITARY LEAVE.  A person whose name is on an eligible list, and who enters the Uniformed Services before being appointed, shall be certified and may be appointed in absentia, or his or her name upon certification may be passed over, in which case his or her name shall remain in the same order of standing on the list until he or she returns from the Uniformed Services and can be recertified or until the list expires, is exhausted or is canceled.  A person appointed in absentia shall, upon return from service, be subject to a probationary period of six (6) months before the appointment becomes permanent.
22.086-1 - Career Advancement Promotions for Employees on Military Leave.  Employees who are on approved military leave during the time that they would become eligible for promotion in a career advancement class will be promoted to the next level in the career advancement series on the same date they would have been promoted had their service not been interrupted by military leave, provided all other conditions for career advancement have been met and that the employee has complied with all relevant provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Upon return to City service, employees are subject to a probationary period as defined above.
22.087 - PROMOTIONAL EXAMINATIONS HELD DURING MILITARY LEAVE.  If a promotional examination is held while an employee is on military leave and the employee is eligible but unable to participate in the examination, and if the employee so requests within ninety (90) days after returning to City employment following conclusion of duty in the Uniformed Services, the employee shall be given the same or an equivalent examination under substantially the same conditions and standards.  If successful in this promotional examination, his or her name shall be placed on the promotional eligible list in the order of examination score.  If the employee is not subsequently certified and appointed from and during the existence of such list, his or her eligibility shall continue and his or her name shall be placed on the following promotional eligible list in the order of his or her previous examination score, provided however, that such eligibility shall be for a period of not more than two (2) years from the date the name was placed on an eligible list after passing the examination.
22.088 - PAID MILITARY LEAVE.  An employee with permanent or probationary Civil Service status who is a member of any branch of the Armed Forces of the United States Military Reserve, the National Guard, or the Public Health Service Commissioned Corps, and who is ordered by the appropriate authorities to participate in training or perform active duty, shall be granted a leave of absence from his or her position without loss of pay, health benefits or time on all working days not exceeding thirty (30) days in any calendar year during which he or she shall be actually engaged in such activities.  Military leave exceeding thirty working days in a calendar year shall be without pay in accordance with Section 22.08 of these Regulations.
22.09 - EDUCATIONAL AND TRAINING LEAVES.  An appointing authority may authorize
  1. a leave with pay, in whole or in part; or
  2. a leave without pay; or
  3. the payment of tuition and/or required course fees, in whole or in part,
or any combination of the foregoing, to or for a regular full-time employee in order to secure special education or training directly appropriate to the employee's position.  If, in order to receive such specialized education or training, it is necessary for said employee to be temporarily headquartered outside the Philadelphia area, he or she may be granted weekly or daily expense allowance and travel allowance as provided under Administrative Board Rule No. 2.
22.091 - CERTIFICATE OF AGREEMENT.  Except for employees in classes of positions represented by District Council 47 or non-represented employees in the Executive and Professional category, whenever such training and/or training leave shall consist of one or more related training plans involving an aggregate expenditure by or anticipated cost to the City funds of $500 or more for tuition, salary, time off from work with pay, travel, food, lodging, books and other related expenses, or whenever the aggregate expenditures for such training and/or training leave within twelve consecutive months shall equal or exceed $500, such training shall be conditioned upon an agreement by the employee, in form prescribed by the Director, to reimburse the City in the full amount of the costs and expenditures above enumerated, paid by the City, if such employee, for reasons within his control, does not complete the full training program satisfactorily, or does not return to full-time employment with the City and remain in such employment subsequent to the completion of his training for a period equal to that required by him to earn, at his regular rate of pay, an amount equivalent to such total costs and expenditures, but in any event for not less than two years.
22.0911 - When an employee in a class of positions represented by District Council 47 or a non-represented employee in the Executive and Professional category attends training or education in accordance with Section 22.09 and such training and/or training leave consists of one or more related training plans involving an aggregate expenditure by or anticipated cost to the City funds of $1,000 or more for tuition, travel, food, lodging, books and other related expenses, or whenever the aggregate expenditures for such training and/or leave within twelve consecutive months shall equal or exceed $1,000, such training shall be conditioned upon an agreement by the employee, in form prescribed by the Director, to reimburse the City in the full amount of the costs and expenditures above enumerated, paid by the City, if such employee, for reasons within his control, does not complete the full training program satisfactorily, or does not return to full-time employment with the City and remain in such employment, provided that the repayment of the educational or training leave expenses shall be total for such employee who leaves City employment within one year of his return to full duty following completion of said education or training leave.  It shall be on a prorated basis from the date of return to full duty for any such employee who leaves after one year and before completion of the two year obligation required by the Certificate of Agreement.
22.0912 - When employees receive payment for tuition, travel, food, lodging, books and other related expenses, such training shall be conditioned upon an agreement by the employee, in form prescribed by the Director, to reimburse the City in the full amount of the costs and expenditures above enumerated, paid by the City, if such employee, for reasons within his or her control, does not complete the full training program satisfactorily, or does not return to full-time employment with the City and remain in such employment, provided that the repayment of the educational or training leave expenses shall be total for such employee who leaves City employment within one year of his or her return to full duty following completion of said education or training leave.  It shall be on a prorated basis from the date of return to full duty for any such employee who leaves after one year and before completion of the two year obligation required by the Certificate of Agreement.
22.092 - ELIGIBILITY FOR VACATION AND SICK LEAVE.  An employee, while on authorized full-time training leave, with or without pay, shall not be eligible to earn vacation or sick leave during the period of such leave.
22.093 - EDUCATIONAL LEAVE.  After ten (10) years of continuous employment, non-uniformed employees shall be entitled to an educational leave of absence without pay for up to twelve (12) months provided the basis for and granting of such leave is consistent with the needs of the Department.
22.10 - LEAVE OF ABSENCE FOR REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS.  An employee serving in Philadelphia as a full-time elected officer of any of the recognized labor organizations or unions of City employees, shall upon written application to his appointing authority be granted a leave of absence without pay for the period of such service.  The leave of absence will be valid only for the period that the employee has been elected to serve as a full-time officer of one of the recognized employee organizations.  If an employee is re-elected as a full-time officer of one of those employee organizations the leave of absence without pay shall again be granted upon written application to the appointing authority.  Notices of all leaves of absence granted under this section shall be filed with the Personnel Director.  The seniority rights of such employees shall be protected and they shall accumulate during such employee's period of service with the employee organization.
22.101 - LEAVE OF ABSENCE FOR APPOINTED STAFF REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS.  An employee serving as a full-time appointed staff representative of any of the City's recognized labor organizations or unions of City employees shall, upon written application to his appointing authority and upon approval of the Director, be granted a leave of absence without pay for the period of such service.  The leave of absence will be valid only for the period of time requested, not to exceed three (3) years or until termination of the appointment by the recognized employee representative organization or employee union, whichever occurs first.  If an employee is reappointed as a full-time staff representative of one of the employee organizations, the leave of absence without pay shall be granted upon written application to the appointing authority and Director approval.  Notices of all such leaves of absence granted under this section shall be filed with the Director.  The seniority rights of such employees shall be protected and they shall accumulate during such employee's period of service with the employee organization.
22.11 - LEAVE OF ABSENCE FOR JURY OR COURT DUTY.
22.111 - JURY DUTY.  A leave of absence with pay shall be granted to an employee upon his request to perform jury duty, unless excused therefrom, provided however, that such employee waives or remits to the City his jury fee pursuant to Regulation 6.06.  (Refer to Section 13.04)
22.112 - WITNESS FOR PERSONAL OR NON-CITY MATTERS.  A leave of absence without pay shall be granted to an employee appearing under subpoena or on his own behalf in litigation involving personal or private matters.
22.12 - MATERNITY LEAVE - PARENTAL LEAVE. 
22.121 - MATERNITY LEAVE - PARENTAL LEAVE - UNPAID.  Upon the employee's written request, a permanent employee shall be granted a maternity leave of absence without pay or, if he/she meets the conditions cited in subsection 22.1211, a parental leave of absence without pay, not exceeding six months.  Upon the employee's written request, additional leave may be granted in accordance with Section 22.02, with the approval of the appointing authority and the Director.  The employee shall retain his/her same position and a School Crossing Guard shall retain his/her designated work station (corner), if the total leave period does not exceed six months.
22.1211 - PARENTAL LEAVE. 
  1. A permanent employee adopting a child is entitled to parental leave for a period not exceeding six months beginning on the date he/she assumes custody of the child, provided that the employee submits, with the written request for such leave, a notarized statement that he/she is the primary care parent.  The notarized statement must also include the custody date.

  2. A permanent employee who is a natural father is entitled to parental leave for a period not exceeding six months, beginning with the birth of his child, provided that the employee submits proof of the birth, which may be in the form of a notarized statement or copy of the birth certificate, as well as a notarized statement that he is the primary care parent.

  3. More than one parental leave will not be granted unless there has been a two-year working interval between leaves.

22.122 - Part-time Return From Maternity/Parental Leave.  Employees in a class of positions represented by District Council 47 who are eligible for maternity/parental leave without pay may return to duty during the term of such leave in a part-time status.  Application to return in a part-time status must be made before or during the first three months of leave and the employee must commence work in part-time status within one hundred and twenty (120) days of the start date of such leave.  Upon the employee's written request such part-time status may be extended for up to six (6) additional months.  If the combination of leave without pay and part-time status does not exceed six (6) months the employee shall retain the original full-time position upon return to work in full-time status.
22.123 - Notwithstanding any other Regulation to the contrary, a uniformed, or investigatory employee of the Police Department or District Attorney's Office, or a uniformed member of the Fire Department, who is on approved, unpaid maternity or paternity leave shall be eligible for up to twelve (12) weeks of continuation of City-paid health and welfare benefits.
22.124 - PAID PARENTAL LEAVE FOR NON-REPRESENTED EMPLOYEES.  Non-represented employees with at least six-months of paid service shall be granted up to four (4) weeks of paid parental leave after the birth of a child or children, or upon taking custody of an adoptive child or a foster child under the age of 18.
Parental leave shall be used in continuous days during the 12-month period immediately following the birth or the arrival of the adoptive or foster child.  Parental leave may be used on an intermittent basis only if approved by the employee's supervisor.  Parental leave may not be used in increments of less than a day under any circumstance.
An employee may receive only one period of parental leave for the care of any given child.  An employee may not use more than four weeks of paid parental leave in any twelve month period.
Any parental leave taken under this section shall be concurrent with, and not in addition to, leave allowable per FMLA.
Use of paid parental leave shall not require use of any accrued leave; and paid parental leave may be used in addition to any accrued leave.
Any paid parental leave not used by the employee before the end of the 12-month period to which it relates shall be forfeited and may not be accumulated for any subsequent use.
22.1241 - Non-Represented Employees Return to Work on a Part-time Basis Following Parental Leave.  Non-represented employees may return to work on a part-time basis following parental leave under the following conditions.
  • The employee must request and secure the approval of the appointing authority before returning to work.

  • Approval of a request to return to work on a part-time basis is at the discretion of the appointing authority and must be consistent with the operating and business needs of the City.

  • Employees must request and commence part-time work no later than one year after the birth or placement of the child and no later than the expiration of their six month maternity/parental leave as authorized by Regulation 22.12.

  • Employees will be permitted to work on a part-time basis for a period not to exceed three months.

22.13 - LEAVE TO COMPETE IN EXAMINATIONS.  An employee shall be excused from work to enable him to compete in a scheduled examination for a City position upon presenting to his immediate supervisor a notice from the Personnel Department that he has been approved to compete in such examination.  The excused time shall include a reasonable period for reaching and returning from the site of the examination.
22.14 - FUNERAL LEAVE FOR NON-UNIFORMED DISTRICT COUNCIL 47 REPRESENTED EMPLOYEES AND NON-REPRESENTED EMPLOYEES.  In the event that there is a death in the immediate family of a non-uniformed District Council 47 represented employee or non-represented employee, consisting only of spouse, spousal equivalent, parents, mother-in-law, father-in-law, children, brother, sister, grandparents, or grandchildren, and the employee attends the funeral service, such employee shall be granted a four (4) days' leave of absence with full pay.  A non-uniformed District Council 47 represented employee or non-represented employee shall be granted one (1) day's absence with pay in the event of a death in the family of such employee other than set forth above, provided the employee attends the funeral service.
22.15 - FUNERAL LEAVE FOR NON-UNIFORMED DISTRICT COUNCIL 33 REPRESENTED EMPLOYEES.  In the event that there is a death in the immediate family of a District Council 33 bargaining unit employee, consisting only of spouse, parents, children, brother, sister, father-in-law, mother-in-law, grandparent, or grandchild, and the employee attends the funeral service, such employee shall be granted a four (4) days' leave of absence with full pay.  A non-uniformed District Council 33 represented employee shall be granted one (1) day's absence with pay in the event of a death in the family of such employee other than hereinbefore set forth, provided the employee attends the funeral service.
22.16 - FUNERAL LEAVE FOR DEPUTY SHERIFF CLASSES.  In the event that there is a death in the immediate family of an employee in a class in the Deputy Sheriff Pay Plan, consisting of spouse, parents, children, brother or sister, and the employee attends the funeral service, such employee shall be granted four (4) days' leave of absence with full pay.  An employee in a class in the Deputy Sheriff Pay Plan shall be granted one (1) day's absence with pay in the event of a death in the family of such employee other than hereinbefore set forth, provided the employee attends the funeral service.
22.17 - LEAVE TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE.  An employee who is a victim of domestic or sexual violence or has a family or household member who is a victim of domestic or sexual violence and whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take a total of eight (8) work weeks of unpaid leave from work during any twelve (12) month period to address domestic or sexual violence by:
  1. seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member;
  2. obtaining services from a victim services organization for the employee or the employee's family or household member;
  3. obtaining psychological or other counseling for the employee or the employee's family or household member;
  4. participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or ensure economic security; or
  5. seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
22.171 - EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR SEXUAL VIOLENCE.  An employee who is entitled to paid or unpaid leave authorized by these regulations, including family medical, sick, annual, compensatory or vacation leave, may elect to substitute any period of such leave for an equivalent period of unpaid leave.  If an employee exercises his or her right to substitute other categories of leave, the amount of such substituted leave taken by the employee shall be subtracted from the eight weeks of leave authorized by this regulation.
22.172 - WORK SCHEDULE FOR LEAVE TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE.  Paid or unpaid leave described above may be taken intermittently or on a work schedule that reduces the usual number of hours per work week, or hours per work day, of an employee.
22.173 - FAMILY AND MEDICAL LEAVE ACT AND LEAVE TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE.  Any leave taken under the provisions of this regulation that also qualifies as FMLA leave shall be considered a part of the twelve (12) work weeks of leave granted by the Family and Medical Leave Act of 1993.  An employee is only eligible for a total of twelve (12) work weeks of FMLA leave in any 12-month period for FMLA-qualifying reasons.
22.174 - NOTICE AND CERTIFICATION REQUIREMENTS FOR LEAVE TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE.
  1. The employee shall provide the appointing authority with at least 48 hours advance notice of the employee's intention to take leave to address domestic or sexual violence, unless providing such notice is not practicable.

  2. When an unscheduled absence occurs, the appointing authority may not take any action against the employee as a result of that absence if the employee, within a reasonable period after the absence, provides certification that:
    1. the employee or the employee's family or household member is a victim of domestic or sexual violence; and
    2. the leave is for one of the purposes enumerated in this regulation. The employee shall provide such certification to the appointing authority within a fifteen (15) day period after the employer requests certification.


  3. An employee may satisfy the certification requirement by providing to the appointing authority a sworn statement of the employee along with at least one of the following types of documents that corroborate the employee's certification:
    1. documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic or sexual violence or the effects of the violence; or
    2. a police or court record; or
    3. other comparable forms of corroborating evidence.


  4. The appointing authority may require an employee on leave to address domestic or sexual violence to report periodically on the status and intention of the employee to return to work.

22.175 - DEFINITION OF FAMILY OR HOUSEHOLD MEMBERS.  For the purpose of this regulation only, family or household members means spouses, or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners, persons who share biological parenthood or "Life Partners" as that term is defined in 9-1102(p) of the Philadelphia Code.
22.176 - MAINTENANCE OF EMPLOYEE STATUS.  The taking of leave to address domestic or sexual violence shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced, except a reduction in the amount of the employee's paid leave pursuant to Regulation 22.171.
22.177 - LIMITATIONS.  Nothing in this subsection shall be construed to entitle any restored employee to the accrual of any seniority or employment benefits during any period of leave or to any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.


END OF REGULATION 22.

Philadelphia Civil Service Regulations
Transmittal no.338 (Feb-28-2014)