CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

SUBJECT:                                         :           LEAVE OF ABSENCE  - Policy

 

DATE ISSUED:                                 :           May 1, 1995

 

DATE REVISED:                              :           March 2008

 

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 must be accompanied by the appropriate health care practioneer’s documentation.

 

                                    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 in accordance with applicable City policies.  The amount of compensation received from these balances determines the employee's pay status.

 

SECTION 3:               PAY STATUS

                                    An employee is on pay status when they are receiving compensation from his/her accumulated leave balances.  To be eligible for City benefits, a regular, full-time employee must be on pay status 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 (according to applicable City policies).

 

                                    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 if the employee is not on pay status at the rate equivalent to hours worked in at least one half of a pay period (40 hours).  The length of such leave to the nearest pay period shall be deducted from service credit.

 

                                    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][1] extended by the amount of the leave of absence, if such absence is greater than one pay period

 

SECTION 6:               APPLICATION

                                    All leaves of absence shall be requested in writing by the employee and shall require written approval by the Department Head.  In addition to Department Head approval, leaves of absence without pay shall be approved by the City Manager. All requests shall be routed through the Human Resources Department and must include the following information:

 

                                    (1)  Employee identification information such as employee number, class title, etc.;

                                    (2)  Dates of commencement and expiration; and

                                    (3)  Reason for absence.

 

SECTION 7:               LEAVE OF ABSENCE WITHOUT PAY AND THE PERSONNEL ACTION FORM (PAF)

                                    A Personnel Action Form shall be submitted by the respective department to the Human Resources Department for all leaves of absence without pay with a duration greater than one full pay period.  The form should be submitted prior to the commencement of such leave and immediately upon or prior to the employee's return to work. 

 

SECTION 8:               PAYROLL RECORDS

                                    All time card employees must have time cards submitted to payroll during leaves of absence indicating the type and amount of accumulated leave balance(s) to be charged.  An employee on a leave of absence without pay should submit his/her time card indicating such status.