Chapter 19 PERSONNEL POLICIES, PROCEDURES, RULES AND REGULATIONS*
Section 19-122 Leave of absence without pay.
(a) A leave of absence without pay is a predetermined amount of time off from
has been requested by the employee, recommended by the employee's department head and
approved by the director. Such leave shall not extend beyond six (6) months, but may be
extended with the written approval of the department head.
An employee must use all
accumulated eligible leave accruals before beginning a leave of absence.
(b) The fact that such a leave is possible does not mean that the requested
leave must be
granted. A leave of absence deprives the employee's department of the services of an employee,
who it is assumed is needed if the department is to properly perform its services. Leaves of
absence without pay, except in the case of disciplinary leaves, should be considered as a
privilege, and the best interests of city service must be the determining factors in whether such
leaves are granted or not.
(c) When an employee is granted a leave of absence without pay, the department
head makes a
commitment to allow the employee to return to work at the end of the leave to a position for
which the employee is fully qualified at the prevailing salary for the position, provided there is a
vacancy. If no vacancy exists in the department, the individual may be placed on eligibility
rosters pursuant to the person's qualifications and as approved by the director.
(d) A mandatory leave of absence occurs after a employee files a declaration
and the leave ends when the results of the election are certified. In the case of a mandatory leave
of absence, an employee shall use all accumulated eligible leave accruals and then shall be
placed on unpaid leave of absence status and follow the requirements of subsections (e), (f) and
(g) of this section. The department head shall allow the employee to return to work at the end of
the leave of absence to a position for which the employee is fully qualified.
) If an employee's position is officially eliminated or
while the employee is on
such leave, the employee shall relinquish any claim to the position.
) When granted a leave of absence without pay, the employee makes a commitment to return
to work at the end of the leave. Failure to contact the department head at the end of the leave
shall be grounds for considering the matter as a resignation.
) During the leave of absence without pay, the employee:
(1) Does not receive pay from the city;
(2) Does not accrue any leave;
) Cannot pay retirement contributions if the leave exceeds one month in duration;
) Must pay
all employee's share of elected benefits
) Shall not receive any other benefits during the period of absence;
) Shall, upon return to active duty, carry over accrued and unused sick
leave earned prior to commencement of the leave without pay.
(Code 1964, § 22.715; Ord. No. 17442, § 1, 9-16-02; Ord. No. 18254, § 1, 9-20-04; Ord.
21828, § 1, 9-16-13)
(Ord. 21828, Amended, 09/16/2013, Prior Text; Ord. 18254, Amended, 09/20/2004, Prior Text; Ord. 17442, Amended, 09/16/2002, Prior Text)