CITY OF LODI
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
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SUBJECT: : LEAVE OF ABSENCE - Policy
DATE ISSUED: : May 1, 1995
SECTION: : L
SECTION 1: PURPOSE
The
purpose of this policy is to define the types of leave of absence and to
provide clarification regarding the effect of leave of absence on employment.
SECTION 2: LEAVE
OF ABSENCE
A
leave of absence may be granted for a specified period of time (not to exceed
one year) with or without pay, for an employee to be absent from duty for a
specified purpose. No such leave shall
be granted except upon written request of the employee, setting forth the
reason for the request and the duration of such leave.
The
granting of a leave of absence provides the employee the right to return to the
same position or a position similar to the one vacated.
Requests
for leave of absences for medical reasons will be considered an urgent and
substantial reason for requesting leave.
A physician's authorization must accompany said request.
The
inability to return to work after an employee's sick leave has been exhausted
shall be considered an urgent and substantial reason for the granting of a
leave of absence.
A
leave of absence shall not constitute a break in service for purposes of the
City of Lodi's service award, nor shall it impair an employee's status as a
regular full-time employee. An employee
returning to employment after a leave of absence shall retain the same status
and shall be placed at the same salary step in the pay range in effect for the
class as the employee received when the leave of absence commenced.
Employees
shall not be entitled to a leave of absence as a matter of right (except as
provided by Federal or State law), but only upon the determination of the City
that it is in the best interest of public service and that there is a
presumption that the employee intends to return to work upon the expiration of
the leave of absence. Failure on the
part of the employee on leave to report promptly at its expiration, or at a
reasonable time after notice to return to duty, shall be considered abandonment
of position.
The
approval of a leave of absence is subject, but not limited to a number of
considerations such as length of employment, performance record, reasons for
the leave of absence, the effect of the absence on the department, and duration
of the leave of absence.
P.E.R.S.
contributions will continue to be made as long as an employee continues to
receive compensation from his/her accumulated leave balances. The amount of the contributions will vary
according to the amount of compensation being received from the accumulated
leave balances.
While
an employee is on a leave of absence, he/she may
receive compensation from his/her accumulated
leave balances. The amount of
compensation received from these balances determines the employee's pay status.
SECTION 3: PAY
STATUS
Pay
status is determined as such when an employee receives compensation from
his/her accumulated leave balances at the rate equivalent to hours worked in at
least one half of a pay period (40 hours).
The
only exception to this condition pertains to the receipt of compensation from
accumulated leave balances while receiving Workers' Compensation payments. Such employee must use all his/her
accumulated leave balances until exhausted.
SECTION 4: LEAVE
OF ABSENCE WITH PAY
A
leave of absence with pay is when an employee is considered to be in a pay
status.
An
employee in a pay status will continue to receive all benefits including leave
accruals.
SECTION 5: LEAVE
OF ABSENCE WITHOUT PAY
A
leave of absence without pay is determined as such when an employee is no
longer in a pay status or has exhausted all accumulated leave balances.
A
leave of absence without pay shall constitute a break in service for the
purposes of determining benefit eligibility, performance evaluation and
subsequent merit increase eligibility time frames. The length of such leave to the nearest pay
period shall be deducted from service credit.
Subject
to the terms and conditions of the appropriate memorandum of understanding, an
employee placed in a leave without pay status following the expiration of sick,
vacation, CTO, or any other form of compensation such that the employee is no
longer in a pay status, will not receive employer paid employment
benefits. Failure of an employee to
return to his/her employment upon the termination of any leave of absence may
result in the employee being required to reimburse the City for health
insurance premiums paid by the City during the leave.
For
reasons other than disability, employees and their dependents may continue
their health/medical insurance by paying the premiums for such time as the employee
is in a leave without pay status.
All
employees granted a leave of absence without pay may have his/her personnel
action date[1] extended by the amount of the leave of absence,
if such absence is greater than one pay period.