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RULE 13
Leave of Absence, Resignation, Sick Leave and Vacations
Section 1. Leave of Absence.
a. Procedures and Limitations
A request for leave of absence, not to exceed twelve consecutive months, together with the reasons therefore and the period of leave desired, and a full statement as to the desire or intention of the employee to return to the Civil Service, will be made in writing on the forms prescribed, with the Department Head's recommendation to grant or deny the request. When a leave of absence is necessary because of sudden serious health condition or injury, the request may be made by the Department Head without securing the signature of the employee and forwarded to the City Manager. A leave of absence will not be finally effective until approved by the City Manager. In the case of a leave requested as an exception to length-in-service requirement policy, the application must be accompanied by such proof as the City Manager may require. A leave of absence may not be granted or extended on or after February 7, 2006, for a combined period in excess of 24 months within the most recent 7 years of an employee’s tenure with the city. This subsection does not include authorized leave taken in accordance with the Family & Medical Leave Act, and shall not apply to a leave of absence granted for military service or upon the acceptance of a position in the exempt class of the City’s service for such time as the service continues. (Amended 11/13/84, 7/13/85, 8/31/04, 2/07/06 and 8/21/07)
b. Family and Medical Leave Act of 1993
All employees may take leave in accordance with the Family and Medical Leave Act (FMLA) of 1993, as may be amended and no provision of this Rule shall be construed to conflict with such Act. Employees qualifying for FMLA leave must utilize all available FMLA leave before being eligible to receive an additional leave of absence under section 1.a. All FMLA leave will run during a “rolling” 12-month period calculated forward. Such FMLA leave shall be included within the twelve consecutive months of leave that an employee may be granted under section 1.a. (Passed 2/07/06) (Amended 8/21/07)
c. Requesting Leave
Except as otherwise provided by law, no employee will be granted a leave of absence until the employee has been in the Civil Service for at least one year immediately preceding the date of leave except in case of military service, urgent necessity, or in accordance with federal or state law, as determined and approved by the City Manager or designee. In these cases, an application for a leave will be accompanied by such proof as the City Manager may require, along with a recommendation from the Department Head. (Amended 8/31/04, 2/07/06 and 8/21/07)
To obtain a leave of absence based on an employee's own serious health condition, the employee must provide the Department Head such forms as may be required by the Human Resources Director, completed by the employee's health care provider no later than the fifteenth calendar day of absence. The health care provider should indicate the date on which the serious health condition commenced, the probable duration of the condition, appropriate medical facts within the knowledge of the employee's health care provider regarding the condition, and that the employee is unable to perform the functions of his or her position because of the condition. The employee will be required to provide periodic updates from the employee's health care provider on the serious health condition, as well as a fitness-for-duty certification when the employee seeks to be reinstated. If, for medical reasons, the employee is unable to deliver any documentation required under this paragraph, the employee may have a friend, family member or health care provider deliver them. (Passed 2/07/06)
To obtain a leave of absence so that an employee may care for a spouse, designated household member, child or parent of either with a serious health condition, the employee must provide his or her Department Head with the required forms completed by that individual's health care provider no later than the fifteenth calendar day of absence. The health care provider should indicate that the employee is needed to care for the individual and estimate the amount of time involved. The employee may be required to provide periodic updates on the relevant individual's condition and on the employee's continued need to care for that person. (Passed 2/07/06)
To obtain leave based on the birth or the placement of a child for adoption or foster care with the employee or for planned medical treatment and such leave is foreseeable, an employee must notify the Department Head not less than 30 days before the employee plans to commence leave. If it is not possible to give 30 days' notice, the employee must give as much advance notice as is practicable. (Passed 2/07/06) (Amended 08/21/07)
d. Benefits During Leave
The City requires any employee taking leave to first utilize accrued but unused sick and vacation leave during the leave of absence provided that it is not used to receive more compensation than the employee would receive were the employee working.
Employees on unpaid leave of absence are not entitled to holiday pay for those holidays falling during the leave. Additionally, benefits such as vacation time and sick leave do not accrue during an unpaid leave of absence. A break in seniority will occur when an employee is on an unpaid leave of absence for thirty or more consecutive days.
During the portion of any paid leave of absence in which the employee is using accrued vacation or sick leave, the City will maintain its share of an employee's coverage under any group health or insurance plan on the same conditions as if the employee was not on leave. During any unpaid leave of absence, an employee must pay the cost of any insurance coverage that the employee has elected to make under the City's benefit program The employee must make arrangements with the Office of Management & Budget, Insurance & Benefits to make any such payments.
e. When Leave of Absence Shall not be Granted
No leave of absence, with or without pay, will be approved or granted when it appears to the City Manager that it is requested for the purpose of enabling the employment of a temporary employee to the same position; or because of political influence, or for cause contrary to the good of the Service. (amended 8/31/04, 2/07/06 and 8/21/07)
f. Notices regarding Designated Household Members
Any employee may designate one person who resides in the employee’s household, for whom the provisions in this Rule relating to a designated household member shall apply. The employee shall submit the name of such household member to the Human Resources Department. In the event that the household member moves from the employee’s household or the employee desires to change the designation of his or her household member, the employee shall immediately file a notice of termination of designation of household member with the Human Resources Department. The Human Resources Director shall develop appropriate forms for use by employees under this section. (Passed 2/07/06) (Amended 8/21/07)
g. Return after Leave
An employee must present an acceptable fitness-for-duty certification upon return from leave which was the result of the employee’s own serious health condition. Any employee returning to work after a leave of absence for serious health condition or disability of 12 weeks or more may be required to take and pass a physical examination performed by a physician acceptable to the Director of Human Resources or designee.
If the employee has not returned to work at the expiration of the leave of absence, the employee will be considered to have voluntarily resigned his or her employment not in good standing. (Amended 2/07/06)
Section 2. Sick Leave
a. Accrual
All regular and probationary employees who are regularly scheduled to work, on an average, a minimum of twenty (20) hours per week are entitled to an annual sick leave, with full pay, to be taken when necessary, and in addition to the time provided for vacations, as follows: (Amended 7/09/85,8/11/87, 6/28/88, 1/30/90, and 2/07/06)
40 hour per week employees - 120.0 hours per year or 4.62 hours per pay period
Each employee may accrue unlimited sick leave days. (Amended 2/14/89, 2/07/06 and 8/21/07)
Part-time employees shall accrue sick leave at a pro-rated amount of full-time entitlement based on the number of hours that they are scheduled to work. Employees covered by collective bargaining agreements shall accrue sick leave as provided in the applicable agreement. (Amended 2/07/06)
b. Sick Leave Verification
No sick leave of three (3) or more consecutive work days will be granted to any person without a certificate verifying that the leave is necessary for medical reasons. Additionally, no sick leave the day before, the day of, or the day after a City designated holiday will be granted to any person without a certificate. Such certificate must be from a health care provider, and verify that the leave is necessary for medical reasons. (Amended 7/09/85, 2/14/89, 9/17/96 and 2/07/06)
c. Emergency Leave
Emergency Leave may be granted under the sick leave clause for the following reasons:
(1) A quarantine established by the El Paso City-County Health & Environmental District.
(2) Death of mother, father, child, grandchild, brother or sister, or spouse or designated household member, or their grandchild, or parent. This leave may not extend beyond the date of burial, plus legitimate travel time. A maximum of five (5) days of sick leave may be granted for this purpose per event. Employees may be asked to provide written documentation of the funeral or death.
(3) Death of other relatives or other person with whom the employee has a significant familial relationship. Leave with pay in such cases may be for not more than one (1) day to permit attendance at the funeral.
(4) Illness of the employee's immediate family. "Immediate family" is defined as the spouse, designated household member, children, the grandparents, or parents of the employee or of the employee’s spouse or designated household member. No more than two days per pay period may be authorized to permit necessary arrangements for care unless the employee takes leave under the Family and Medical Leave Act. (amended 3/31/87, 8/11/87, 6/28/88, 2/14/89) (Amended effective 8/05/93 for employees not covered by Collective Bargaining Agreements) (Amended effective 2/04/94 for employees covered by Collective Bargaining Agreements) (Amended 2/07/06)
d. Application for Sick Leave or Emergency Leave
Application for Sick Leave or Emergency Leave will be made to the employee’s Department Head. When an application for such leave is denied by the Department Head, the applicant may appeal to the City Manager who will investigate and uphold or reverse the denial, consistent with provisions of this Rule. (Amended 2/07/06 and 8/21/07)
e. Duties of Department Heads; Authority to Investigate Sick Leave Use
The Department Head granting sick or Emergency Leave will immediately report the leave and subsequently, the individual's return, to the Human Resources Director. The Department Head or the Human Resources Director may at any time inquire or investigate into the use of sick leave or Emergency Leave and require medical certification for all subsequent absences, or take other appropriate action consistent with the Charter or these Rules. Reasons to inquire or investigate shall include, but are not limited to, the following:
(Amended 3/31/87, 9/17/96, 2/07/06 and 8/21/07)
(1) Habitual use of sick leave in single or partial day increments, without current medical documentation.
(2) A pattern of using sick leave on a payday, the first work day the employee is scheduled to work after a payday, the day before or after a scheduled day off or using sick leave as soon as it has been accrued.
f. Use of Sick Leave for Personal Business
A regular employee in the City Service is entitled to use part of his or her sick leave for personal business as follows: (Amended 8/21/07)
40 hour per week employees - 32.0 hours per year
56 hour per week employees - 24.0 hours per year
Regular part-time employees - 16.0 hours per year
Such personal leave may be taken either on an hourly, half day, or full day basis. All personal leave must be taken by the end of the last pay period beginning within the fiscal year and may not be accrued into subsequent fiscal years. (Amended 1/30/90, 8/09/94, 9/22/98, and 2/07/06)
g. When Paid Leave is Exhausted
A regular employee who has served the required probationary period and suffers a life-threatening medical condition, and who has exhausted all available paid leave, may make a written application to become a shared leave recipient, in the manner prescribed by the shared leave policy and procedures. (Added 9/22/98)
Section 3. Vacation Leave
a. Eligibility
All regular employees who are regularly scheduled to work on an average, a minimum of twenty (20) hours per week, who have held a position in the City Service for a period of six months from date of employment, shall be eligible for vacation allowance as hereinafter set forth. Part-time employees shall accrue vacation leave at a pro-rated amount of full-time entitlement based on the number of hours that they are scheduled to work. Employees covered by collective bargaining agreements shall accrue vacation as provided in the applicable agreement. (Amended 8/11/87, 1/30/90, 2/07/06 and 08/21/07)
b. Accrual
All regular employees in the City Service as defined in (a.) above, shall accrue vacation credit at the following rates per pay period for each pay period completed by the officer or employee in the City Service, calculated from the date of employment of each employee: ( Amended 7/09/85, 8/11/87, 1/30/90, 2/07/06 and 8/21/07)
For 0 - 5 years of service (12 days):
40 hour per week employees - 3.70 hours per biweekly pay period
(Amended 8/11/87, 9/20/88 and 2/07/06)
For >5 to 15 years of service (17 days):
40 hour per week employees - 5.24 hours per biweekly pay period
(Amended 9/20/88 and 2/07/06)
For >15 or more years of service (20 days):
40 hour per week employees - 6.16 hours per biweekly pay period
The maximum accrual for vacation leave is fifty (50) days. (Amended 8/11/87, 2/14/89, 1/30/90, and 2/07/06)
c. Such leave may be taken only in increments of half of a work day or more. (Amended 7/09/85, 10/08/85, 8/11/87 and 2/07/06)
Section 4. Vacation Schedules.
a. Scheduling of Vacations
Vacation schedules will be arranged by Department Heads with particular regard to seniority of employees and the needs of the Service, and insofar as reasonable, with regard to the wishes of the employee. The Human Resources Director will be notified of all vacations granted and will have the right to deny such vacation when the employee is not entitled thereto. (Amended 8/21/07)
b. Forfeiture of Leave Balance Overage
Any vacation leave credit in excess of the maximum accrual authorized in Section 3 of this Rule shall be permanently withdrawn from the employee's vacation balance in the pay period in which the employee's anniversary date of employment falls. An employee who has applied for, but was not granted, vacation leave during the pay period in which the employee’s anniversary date fell, shall not forfeit any vacation leave overage provided that the employee is granted leave within 60 days of the employee’s anniversary date, subject always to the operational needs of the department. (Amended 2/07/06)
Section 5. Resignations.
a. Effect of Resignation
Whenever an employee of the Civil Service resigns, he severs his or her connection with the City and loses such seniority, including seniority rights following reinstatement from resignation, as he had at the time of his or her resignation. (Amended 8/21/07)
b. Form of Resignation
The notice of resignation must be in writing on an appropriate form as prescribed by the Human Resources Director and acknowledged and filed, by the Department Head or their designee and tendered by the employee not less than ten days prior to its effective date. (Amended 8/21/07)
c. Filing of Notice of Resignation
The responsibility for filing the notice of resignation with the Human Resources Department will be with the Department Head. (Amended 8/21/07)
d. Withdrawal of Notice of Resignation
The resigning employee will be permitted to withdraw the notice of resignation within ten (10) working days after its filing or up to the last actual day of work, whichever is sooner. (Amended 11/19/91 and 2/07/06)
e. Computation of Time
The ten (10) days referred to in this Rule, is construed to mean ten working days excluding holidays. It is the intent of this provision to require at least two calendar weeks notice of separation. (Amended 11/19/91 and 8/21/07)
Section 6. Reinstatement from Military Leave.
Any employee granted leave of absence for the purpose of entering the armed forces of the United States, including the Coast Guard, or the state service as a member of the Texas National Guard or Texas State Guard or as a member of any reserve components of the armed forces of the United States shall be reinstated to his or her position, if the position has not been abolished and if the employee has all the qualifications requisite to an original appointment to the position, as determined by the Commission, and in accordance with Chapter 613, Texas Government Code. (Amended 2/07/06)
Section 7. Reinstatement Following Resignation.
a. Requisites for Reinstatement for Public Safety Employees
Those former uniformed employees requesting reinstatement to the Fire and Police, Departments must take and pass the medical examination and a physical agility test prior to the reinstatement to actual duty. One additional attempt at the physical agility test will be permitted after a one-month waiting period for persons failing the agility test on the first attempt. Persons requesting reinstatement to the Police Department will also be required and allowed one opportunity to take a psychological examination and polygraph examination, if required by the Chief of Police, prior to reinstatement to actual duty. (Amended 2/07/06 and 8/21/07)
b. Reinstatement to Full or Part Time Positions for Former Full Time Employees
Full time employees may be reinstated to full or part time positions at their request depending upon position availability. (Amended 2/07/06)
c. Approval for Placement on Reinstatement List After 18 Months
The City Manager or designee, may approve a request for reinstatement after more than 18 months in cases where professional training or specialized skill is required where the person desiring reinstatement has been engaged either in study to benefit himself or herself for his or her duties or was in an occupation or position tending to increase his or her value in the position or where the person demonstrates that he was unable to apply for reinstatement within the 18 month period due to an extraordinary or unusual hardship and reinstatement will not have a detrimental effect on the City. (Amended 8/11/87, 3/17/92, 9/21/93, 2/07/06 and 8/21/07)
Section 8. False or Fraudulent Application for Leave
Any employee who falsely or fraudulently requests leave to which he is not entitled or provides false or fraudulent documents suggesting eligibility for any leave provided for in this Rule is subject to appropriate disciplinary action including termination. (Amended 8/21/07)
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