Table Of Contents
. . .
- Preparation, Adoption and Revision of Regulations
- Exemptions from Civil Service
- Classification Plan
- Pay Plan
- General Requirements for Applicants
- Eligible Lists
- Requisitions, Certification and Appointment
- Limited-Term Appointments
- Assignments and Transfers
- Probationary Period
- Resignation, Reinstatement, Restoration and Retirement
- Dismissals, Demotions, Suspensions and Appeals
- Hours of Work
- Vacation Leave
- Sick Leave
- Leaves of Absence:
- Performance Reports
- Working Conditions
- Records and Reports
- Training of Employees
- Safety, Health, Welfare and Recreation
- Labor Relations
- Political Activity
- Residence Requirement
- Interim Regulations
- Injury and Disability
- Miscellaneous Regulations
. . .
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22. LEAVES OF ABSENCE
(22.01 to 22.08999)
- 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 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.
- 22.03 - 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.
- 22.04 - 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 when such leave was granted. An employee may return to duty before the expiration of his leave only with the approval of the appointing authority. Return to duty in all instances shall be reported on forms prescribed by the Director.
- 22.05 - 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 Armed Forces shall be granted a military leave of absence without pay in accordance with the following conditions:
- 22.081 - DEFINITIONS.
- "Enter" shall mean to be drafted by the Armed Forces; to be ordered into active service if a member of a reserve component of the Armed Forces; or in any way to enter involuntarily or remain in active service involuntarily; or to enter voluntarily into active service in the Armed Forces.
- "Armed Forces" shall mean any of the armed services or forces of the United States, the National Guard, the Public Health Service of the United States and their reserve components.
- 22.082 - PROOF OF ENTRY.
Proof of the entry into active service in the Armed Forces must be submitted and filed with the Personnel Department.
- 22.083 - LOSS OF BENEFITS.
Any employee who is separated from the Armed Forces by an undesirable, bad conduct or dishonorable discharge shall not be entitled to any of the benefits of Regulation 22.08 and its subdivisions.
- 22.084 - DURATION OF LEAVE.
- A military leave for an employee who is drafted or enlists in the Armed Forces (other than a Reserve component) or enters upon active duty (other than for the purpose of determining physical fitness and other than for training), 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 armed forces, or release from hospitalization continuing after discharge for a period of not more than one year. Within said ninety (90) days 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 his military leave shall be considered as terminating the employee's employment. A military leave shall cover a period of active service in the armed forces not exceeding four (4) 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).
- 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 one year after such hospitalized member's scheduled release from such training, whichever is earlier. Within said thirty-one (31) days 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 his/her military leave shall be considered as terminating the employee's employment.
- 22.085 - REINSTATEMENT TO CITY SERVICE.
Upon return from military leave of absence, the employee shall immediately be reinstated in his former department without loss of seniority to the class of position he occupied at the time the leave was granted. 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 armed forces, become incapacitated to such a degree that normal resumption of his duties is impossible, he shall, unless totally disabled, be placed by his former department in a position commensurate with his 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 qualifications and disabilities; provided however, if no such position is available, his 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, he shall, upon return from service in the armed forces, 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 his 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 armed forces before being appointed, shall be certified and may be appointed in absentia, or his name upon certification may be passed over, in which case his name shall remain in the same order of his standing on the list until he returns from said service in the armed forces and can be recertified or until the list expires, is exhausted or is canceled. A person appointed in absentia shall, upon his return from service, be subject to a probationary period of six (6) months before his appointment becomes permanent.
- 22.087 - PROMOTIONAL EXAMINATIONS HELD DURING MILITARY LEAVE.
Should a promotional examination be held during the absence of an employee on military leave and should he be eligible to compete but unable to return and participate in the examination, upon request of the employee, made within ninety (90) days after his return to City employment following conclusion of duty in the armed forces, he shall be given the same or an equivalent examination under substantially the same conditions and standards. If successful in his promotional examination, his name shall be placed on the
promotional eligible list in the order of his examination score. If the employee is not subsequently certified and appointed from and during the existence of such list, his eligibility shall continue and his name shall be placed on the following promotional eligible list in the order of his previous examination score, provided however, that such eligibility shall be for a period of not more than two (2) years from the date his name was placed on an eligible list after passing the examination. Employees who were unable to participate in examinations held between January 7, 1952 and the effective date of this Regulation may request the same or equivalent examination within ninety (90) days after effective date of this amendment.
- 22.088 - PAID TRAINING OR ENCAMPMENT LEAVE.
An employee having permanent or probationary Civil Service status who, by reasons of membership in the United States Military or Naval Reserve, is ordered by the appropriate authorities to attend a training period or encampment under the supervision of the United States Armed Forces, or by reason of membership in the National Guard, is required by the authorities thereof to participate in actual training activities or active duty as a part of the state military force, or, by reason of membership in the civilian Public Health Service Reserve Corps, is ordered by the appropriate authorities to participate in training or active duty, shall be granted a leave of absence from his position without loss of pay or time on all working days not exceeding fifteen (15) days in any calendar year during which he shall be actually engaged in such activities; provided however, that such paid leave is not applicable to an employee who enters the United States Armed Forces including any of its reserve components, National Guard, or Public Health Service Reserve Corps under Section 22.08 of these Regulations.