Section 19-122 Leave of absence without pay.
Prior to the adoption of Ord. 21828 on 09/16/2013, Section 19-122 read as follows.
(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
candidacy 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
reclassified 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
total group hospitalization and life
insurance premiums falling due during any month the employee is not on the payroll;
) Shall not receive any other benefits during the period of absence;
) Shall, upon return to active duty, carry over accrued and unused sick leave
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)