Section 19-122 Leave of absence without pay.
Prior to the adoption of Ord. 17442 on 09/16/2002, 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.
(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
(2) Does not accrue any leave;
(3) Must utilize all
(except in case of
disciplinary action when such leaves may not be used to offset the action);
(4) Cannot pay retirement contributions
if the leave exceeds one month in duration;
(5) Must pay total group hospitalization
and life insurance premiums falling due during any
month the employee is not on the payroll;
(6) Shall not receive any other benefits
during the period of absence;
(7) 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)