Prior to the adoption of Ord. 18254 on 09/20/2004, Section 19-122 read as follows.


    (a) A leave of absence without pay is a predetermined amount of time off from work, which 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) If an employee's position is officially eliminated or reclassified while the employee is on such leave, the employee shall relinquish any claim to the position.

    (e) 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.

    (f) During the leave of absence without pay, the employee:

    (1)    Does not receive pay from the city;

    (2)    Does not accrue any leave;

    (3)    Must utilize all accumulated eligible leave accruals (except in case of disciplinary action when such leaves may not be used to offset the action);

    (43)    Cannot pay retirement contributions if the leave exceeds one month in duration;

    (54)    Must pay total group hospitalization and life insurance premiums falling due during any month the employee is not on the payroll;

    (65)    Shall not receive any other benefits during the period of absence;

    (76)    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)