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:

22.022 - 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 twelve (12) work weeks of unpaid leave for self or immediate family (parent, spouse, or child) within any 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, compensatory and all applicable sick leave reserves prior to using any unpaid allowance of Family and Medical Leave.

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.

22.061 - 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.

22.081 - DEFINITIONS. 

• "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.
  
  
• "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.

22.086 - 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.

22.091 - 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.

22.093 - 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.

22.101 - 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.

22.111 - 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.

22.121 - 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.