ADMINISTRATIVE PROCEDURE. Number VII-4

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1 ADMINISTRATIVE PROCEDURE SUBJECT: LEAVE OF ABSENCE WITH OR WITHOUT PAY Number VII-4 Effective Date: Issued: 11/1/96 Revised: Page 1 of 7 PURPOSE: To provide a uniform method of requesting, approving and monitoring leaves of absence for Discretionary Leave, Jury Duty, Military Leave, Non-Industrial Disability, Pregnancy Disability, Family and Medial Leave, and Supplemental Family and Medical Leave in accordance with memoranda of understanding and applicable federal and state laws. See Appendix A for a listing of relevant laws. Copies of these laws are available from Human Resources upon request. DEFINITIONS OF TYPES OF LEAVE Discretionary Leave Discretionary leave is a leave of absence with or without pay that is granted at the discretion of the Board of Directors, the General Manager or the Assistant General Manager, and is in addition to annual leave and sick leave. The purposes and guidelines for such leave are outlined in the applicable memoranda of understanding. Family and Medical Leave (FMLA) and Supplemental FMLA FMLA and Supplemental FMLA are leaves that are defined by the Federal Family and Medical Leave Act of Leaves covered under this Act are listed below: Leave to care for your child after birth or placement by adoption or foster care; Leave to care for your spouse, child or parent who has a serious health condition; Leave for your own serious health condition. Please refer to Attachment D, for more information on FMLA leave. Jury Duty An employee called for jury duty or to appear as a subpoenaed witness shall be excused from work for the time necessary to allow the employee to be in attendance as required; and will be paid normal straight time pay for the workdays involved provided the fee received for acting as a juror, for normally scheduled days of work, is paid to the District. Such excused time from work must be listed on the employee s timecard and juror monies received must be turned in to the District.

2 Page 2 of 7 DEFINITIONS OF TYPES OF LEAVE (continued) Military Leave Employees shall be granted a leave of absence and those rights which are guaranteed to them under Section 395 of the Official Military and Veterans Code of the State of California as well as any additional provisions detailed in the applicable memoranda of understanding. Non-industrial Disability Leave Non-industrial Disability Leave is provided for an injury or illness which occurs outside the scope of the District s working environment and is not workrelated but prevents the employee from performing the duties of his/her occupation at the District. Pregnancy Disability Leave (PDL) PDL is a specific instance of disability for a female employee. PDL is typically combined with Family Medical Leave and California Family Rights Act leave to provide a period of up to 6 months off work for the disability period, birth and bonding leave. Please refer to Attachments D and E for more information on PDL. Workers Compensation Leave Industrial disability reporting and procedures are discussed in IX-8, Industrial Injury Reporting. Please note that a particular instance of leave may be covered by more than one of the categories of leave outlined in this procedure. In these cases, the most generous provisions of all categories of leave will apply. POLICY: It is the policy of the District that: 1. Requests for leave of absence for Discretionary Leave, Jury Duty, Military Leave, Nonindustrial Disability, Pregnancy Disability, Family and Medical Leave, and Supplemental Family and Medical Leave, are authorized by the General Manager and/or his/her designee when warranted, along with those rights which are guaranteed to them under the applicable laws, policies and memoranda of understanding. 2. Employees wishing to request a leave of absence shall submit a written request on the appropriate forms to the appropriate level of management based on the following:

3 Page 3 of 7 TYPE OF LEAVE EXPECTED DURATION APPROVAL REQUIRED Discretionary Leave 1 or more working days Supervisor, Department and Division Manager, General Manager Jury Duty 1 or more working days Supervisor, Department and Division Manager Military Leave 5 or more working days Supervisor, Department and Division Manager Non-industrial Disability 5 or more working days Supervisor, Department and Division Manger Family and Medical Leave 5 or more working days Supervisor, Department and Division Manager Pregnancy Disability 5 or more working days Supervisor, Department and Division Manager, General Manager (GM approval only if longer than 4 months Supplemental Family and Medical Leave 5 or more working days Supervisor, Department and Division Manager 3. The District may, at its discretion when the employee is requesting a medical leave, require written confirmation of the medical necessity for such leave from the employee s health care provider or the health care provider of the employee s family member, as a condition of granting a leave of absence with or without pay. Attachment B for a sample of such required medical certification. 4. An employee request shall be in writing and may be made as early as possible prior to the occurrence of leave (if foreseeable). If the need for leave if unforeseeable, the request shall be made no later than five (5) working days after the first day absent from work for the occurrence of such leave or as soon as possible if unable to do so for extenuating circumstances. Failure of an employee to comply with this guideline, places the employee in an absence without leave status which may result in disciplinary action. 5. Such request shall include the following forms where applicable:

4 Page 4 of 7 TYPE OF LEAVE FORM(S) REQUIRED Family and Medical Leave Leave of Absence Request Form (Att. A) Family and Medical Leave Certification Form Att. B) Family and Medical Leave Return to Work Certification Form (Att. C) Jury Duty Leave of Absence Request Form (Att. A) Military Leave Leave of Absence Request Form (Att. A) Non-industrial Disability Leave of Absence Request Form (Att. A) Family and Medical Leave Certification Form (Att. B) (if employee requesting to use FMLA leave (for occurrence of disability) Pregnancy Disability Leave of Absence Request Form (Att. A) Family and Medical Leave Certification Form (Att. B) Family and Medical Leave Return to Work Certification Form (Att. C) Supplemental Family and Medical Leave Leave of Absence Request Form (Att. A) Family and Medical Leave Certification Form (Att. B) 6. The employee s Supervisor shall review and recommend approval or denial of leave of absence to employee s Department Manager. Department Manager shall review and recommend approval or denial of leave absence to Division Manager. Division Manager shall review and recommend approval or denial of leave absence to General Manager, if required by this policy. Completed forms must be returned to Human Resources for review of appropriateness and documentation of leave. 7. The employee s Supervisor shall (a) notify Human Resources and Payroll of employee leave status when status changes and (b) take corrective action to address non-compliance with this District policy.

5 Page 5 of 7 PROCEDURE 1. Upon notification of impending employee absence or need to request leave, provide the applicable Leave of Absence Packet to employee (supply available from Human Resources and/or Department Secretary/Field Clerk). 2. Submit a written request for leave of absence on appropriate form(s) to the designated level of management as described in Policy section 2. Such request shall be submitted as early as possible prior to occurrence of leave (if foreseeable) and no later than five (5) working days after the first day absent from work due to the occurrence of such leave. 3. Complete and return appropriate form(s) included in Leave of Absence Packet to Supervisor under schedule established under Policy, section Upon receipt of completed applicable forms forward to appropriate levels of management for approval and/or recommendation to Human Resources or General Manager (if required). 5. Advise Finance how to pay employee according to provisions in memoranda of understanding regarding leave usage until such time as determination is made on Leave of Absence request. If pay adjustments are necessary after leave determination, coordinate action with Finance and employee. 6. Approve or deny request after consulting with Human Resources regarding application of relevant laws, policies and memoranda of understanding (as appropriate). 7. Forward original completed forms with approval/denial of request for leave to Human Resources within five (5) days of receipt of request. 8. Advise Supervisor of any changes in requested leave status as status changes. If leave is extended beyond initial return to work date provided by medical provider, submit additional medical certification on appropriate form as required. Responsibility 1. Supervisor 2. Employee 3. Employee 4. Supervisor 5. Supervisor 6. Supervisor 7. Supervisor 8. Supervisor

6 Page 6 of 7 9. Inform Department Manager, Human Resources and Finance of employee leave status as status changes. 10. Monitor integration of State Disability Insurance (SDI) benefits, Workers Compensation benefits, reimbursement of appropriate sick leave and calculation of the period of paid leave with integration. 11. Notify Supervisor, Employee, and Human Resources one pay period prior to when paid leave is expected to be exhausted. 12. Notify the Employee, Supervisor, Department Manager, Division Manager and Finance of the following: 9. Supervisor 10. Finance 11. Finance 12. Human Resources (a) Denial or approval of Request for Family and Medical Leave with (10) working days of receipt of request. (b) When employee has been on disability status for at least 30 days. (c) Information regarding Long Term Disability (LTD) benefits. (d) Information regarding continuation of group benefits such as medical, dental, optical, life, EAP, disability, etc. (e) When employee needs to be separated from employment because of permanent disability. 13. Provide Return to Work Certification (see attachment C) to Supervisor and Risk Management Officer as required before return to active work duty. 13. Employee RESPONSIBILITY: 1. It is the responsibility of the Supervisor, Department Manager, Division Manager and the General Manager or his/her designee to approve or deny all request for leave of absence as outlined in this procedure. 2. It is the responsibility of the Human Resources Division to provide training and advice to employees, supervisors and managers regarding the leave of absence provisions in applicable laws, memoranda of understanding and District leave procedures. 3. It is the responsibility of all employees to comply with these procedures, to request a leave of absence in a timely manner, and provide supporting medical certification when requested or required. In addition, it is the responsibility of all employees to keep their

7 Page 7 of 7 supervisors informed of any changes in circumstances that affect the status of a requested or approved leave of absence. APPROVED: Walter J. Bishop General Manager Attachments: Exhibit A: Leave of Absence Request Exhibit B: Certification Exhibit C: Return to Work Exhibit D: Notice of Rights Exhibit E: Posting

8 Page 8 of 7 APPENDIX A STATUTES AND REGULATIONS PERTAINING TO LEAVES Copies of the text of these laws are available in Human Resources upon request. 1. Family and Medical Leave Act of 1993 (FMLA) 2. Regulations; Family and Medical Leave Act of 1993 (FMLA) 3. California Family Rights Act (CFRA) 4. Regulations: California Family Rights Act (CRFA) 5. Americans with Disabilities Act (ADA) Excerpts from Statue and Regulation re: Reasonable Accommodation and Undue Hardship 6. Fair Employment and Housing Act: Government Code ξ12945 re: Pregnancy, Childbirth and Related Medical Conditions 7. Fair Employment and Housing Commission Regulations re: Pregnancy, Childbirth and Related Medical Conditions 8. Workers Compensation: California Labor Code ξ132a Anti Discrimination Provisions 9. Workers Compensation: California Labor Code ξ4636 Notice Provisions 10. California Labor Code ξ230.7 and ξ230.8 Parental Participation in Child s School Activities 11. California Labor Code ξ ξ Reasonable Accommodation for Alcohol and Drug Abuse Rehabilitation