Title: Sick Leave Related MD Statute/Regulations: Federal Family & Medical Leave Act Related ACA Standards: N/A Directive Number: DPDS.050.0008 Supersedes: DPDS.050.0025, titled Sick Leave and issued on May 25, 2009 Authorized by: Director of Personnel Related MCCS Standards: N/A Effective Date: February 8, 2011 Number of Pages: 3 Related Directives: DPDS.050.0003, Leave Bank and Employee-to-Employee Donation Program DPDS.050.0005, State Employee Assistance Program DPDS.050.0006, Insufficient or Exhausted Sick Leave DPDS.050.0009, Certification for Sick Leave Usage.01 Purpose This directive provides guidelines for the application of the Division's sick leave policy..02 Scope. This directive applies to all employees of the Division..03 Policy. Sick leave is an employee privilege that shall be managed by supervisors through appropriate action, to include disciplinary measures where abuse is evident..04 Definitions. A. In this directive, the following terms have the meanings indicated. B. Terms Defined. (1) "Approved Health Care Provider" means (a) A medical doctor who is authorized to practice medicine or surgery by the state in which then doctor practices; (b) If authorized to practice in a state and performing within the scope of that authority a: chiropractor; clinical psychologist; dentist; licensed certified social worker/clinical; nurse midwife; nurse practitioner; oral surgeon; optometrist; physical therapist; or podiatrist (c) An accredited Christian Scientist practitioner; or (d) A health care provider as defined by the Federal Family and Medical Leave Act.
(2) "Attendance Control Officer" means the individual responsible for the oversight of the Division's sick leave procedures and practices. (3) "Certification of Illness" means documentation bearing the original signature and a contact phone number of an approved health care provider, which states the prognosis for the employee's return. To qualify for a fully-documented occasion, the certificate must be inclusive of the entire period of absence. (4) "Chronic Medical Conditions" means any medical illness or condition which requires that the employee be absent from work for treatment of the illness or condition, for the employee or the employee's immediate family member, several times, (on more than one occasion) over a period of time. A chronic illness must be initially documented with general certification of the condition and re-certified no less than every 6 months. All certifications must include the original signature and contact phone number of an approved heath care provider. (5) "Sick Leave" means earned leave to be used during absence from work due to: (a) Illness or disability of the employee; (b) Death, illness, or disability of a member of the employee's immediate family; (c) Following the birth of the employee's child; (d) When a child is placed with the employee for adoption; or (e) For a medical appointment of the employee or a member of the employee's immediate family. (6) "Sick Leave Absence" means each period of sick leave regardless of duration..05 Responsibility. A. The director Personnel shall be responsible to oversee the implementation of sick leave procedures and practices (Appendix A) within the Division. B. Employees shall be responsible to: (1) Monitor their accumulated leave balances; (2) Manage their use of all leave; and (3) Provide the required notification and documentation to the proper authority, (Appendix A). Alteration of documentation will result in disciplinary action that could include termination. 2
C. Designated supervisors shall be responsible for: (1) Completion of the employee's sick leave record; (2) Monthly reviews of leave records to monitor use of sick leave; (3) Ensuring that all original medical documentation is forwarded to Personnel; and (4) Providing disciplinary action, (Appendix A) if required..06 Attachment(s). A. Orientation to Sick Leave Policy and Procedure.07 History. A. This directive replaces DPDS.050.0025, titled Sick Leave and effective May 25, 2009. B. This directive supersedes provisions of any other prior existing Division communication with which it may be in conflict. 3
Division of Pretrial Detention and Services Appendix A The following is provided as a Orientation to Sick Leave Policy & Procedure For further information consult the DPDS Personnel Office and the directives which are listed below and posted on the DPSCS Safety Net: DPDS.050.0003, Leave Bank and Employee-to-Employee Donation Program DPDS.050.0005, State Employee Assistance Program DPDS.050.0006, Insufficient or Exhausted Sick Leave DPDS.050.0009, Certification for Sick Leave Usage Contents Appropriate Use of Sick Leave.A Reporting Absence Due to Personal or Family Illness..B Requesting Scheduled Sick Leave.C Requesting Sick Leave after Family Member's Death... D Accumulated Sick Leave...E Sick Leave Absence of 40 Hours...F Chronic Use of Sick Leave.G (1) Documented Chronic Conditions (2) Undocumented Sick Leave Usage (3) Low Sick Leave Balance Family Medical Leave Act (FMLA)..H (1) Eligibility Criteria (2) Employee Responsibilities (3) Management's Responsibilities A. Appropriate Use of Sick Leave includes: (1) Illness or disability of the employee; (2) Death, illness, or disability of a member of the employee's immediate family; (3) Following the birth of the employee's child; (4) When a child is placed with the employee for adoption; or (5) For a medical appointment of the employee or a member of the employee s immediate family. B. Reporting Absence Due to Personal or Family Illness (1) Unless otherwise directed by the appointing authority/designee, telephone contact to report an absence due to illness must be made to the supervisor personally by: (a) Shift personnel between 60 and 30 minutes prior to the normal reporting time; and (b) Non-shift personnel during the first half hour of their unit's normal workday. (2) For an absence exceeding one day, the employee must call in daily until a return date is established with the supervisor.
(3) No disciplinary action will be taken where it is determined by the supervisor or designated attendance control officer that the following conditions are satisfied: the employee's failure to personally report was due to circumstances beyond the employee's control, the situation was unexpected and unanticipated, and the appropriate documentation has been submitted. (4) However, an employee who leaves prior to the end of the shift due to illness without the accumulated sick leave to cover the absence (or approved annual, compensatory or leave without pay), shall be considered in violation of orders of the appointing authority and will be charged with insubordination and subject to disciplinary action. C. Requesting Scheduled Sick Leave (1) Employees requesting sick leave for medical appointment for themselves or a member of their family shall provide the superior with all possible advance notice and, if requested, shall provide appropriate documentation of the medical referral. (2) If no sick leave or personal leave is available to the employee, the supervisor shall evaluate the employee's request and shall determine whether or not the request can be granted based on the reason for the request and the operational needs of the agency. D. Requesting Sick Leave after Family Member's Death (1) Where sick leave must be taken due to the death of a family member, documentation shall be submitted to the supervisor to verify the relationship between the deceased and the employee, as well as the location of the funeral place and time. (2) The supervisor will forward this documentation to Personnel for placement in the employee's personnel file. (3) This leave shall not be included for purposes of making a medical referral or placing an employee on 1-day sick certificate status. E. Accumulated Sick Leave (1) To use sick leave, an employee must have accumulated sick leave on record to cover the entire period of absence. Employees with insufficient accumulated sick leave must request permission from the supervisor to use accumulated annual, personal, compensatory leave or leave without pay will not automatically be used to cover the absence of an employee with insufficient accumulated sick leave. (2) Employees may not use any leave for which they have not been credited. No leave time may be used in the same period in which it is earned. (3) If an employee who has a zero accumulated sick leave balance does not report for duty and does not obtain approval for use of annual, personal, compensatory or leave without pay, their absence shall be considered a failure to report for duty. The employee will be subject to disciplinary action.
F. Sick Leave Absence of 40 Hours (1) An employee who has been absent forty or more consecutive hours due to personal illness or the illness of a family member must submit a certificate of illness to the supervisor immediately upon their return to duty. It should include the period of absence, a prognosis of the employee's ability to return to work, and the original signature of an approved health care provider. (2) An employee who was absent due to personal illness and does not immediately submit the required release and clearance for return to duty shall not be allowed to work until they have provided the documentation. (3) The employee who fails to submit a medical certificate for absence due to illness in the family may be allowed to work. However, failure to submit the document shall result in charges of insubordination and leave the employee subject to disciplinary action. G. Chronic Use of Sick Leave (1) Documented Chronic Conditions (a) An employee who has a recurring illness or disabling condition may advise the Division of the chronic condition by providing a general certification of the condition to his/ her supervisor. The employee will be required to provide recertification of this chronic condition no less than every 6 months. (b) An employee who has a documented chronic condition shall indicate each and every time that he/she calls out from work due to personal illness, if that particular absence is, or is not, due to the chronic condition. (c) Employees who suffer from a documented chronic or recurring illness or disabling condition which does not require a visit to a health care provider each time the absence condition is manifested may not be required to provide certification for each absence, unless that absence is 40 hours or more. (d) Employees who have five or more absences within a 12-month period due to the chronic condition shall be referred to the State Medical Director to determine the individual's suitability for employment. Employees who fail to comply with this referral process will be charged with insubordination and may be subject to disciplinary action. (2) Undocumented Sick Leave Usage (a) If, within a 12-month period, an employee accumulates 4 occurrences of sick leave usage that lack medical certification, the supervisor will: (i) Hold a conference with the employee; and (ii) Advise the employee that an Employees Assistance Program (EAP) is available;
(b) Upon the 5th occurrence in a 12-month period, the supervisor will conduct and document verbal employee counseling to: (i) Notify the employee that, upon the 6th occurrence within 12 months, he or she would be required to submit a certificate of illness for every sick leave absence, regardless of the duration of the absence, occurring in the next 6-month period; and (ii) Formally refer the employee to the EAP. (c) Upon the 6th occurrence, notify the employee in writing that he or she is on a oneday sick certificate status for the next 6 months. (d) Ensure that a 1-day sick certificate status employee who fails to provide the required medical document immediately upon return to work is placed on leave without pay for the day(s) absent and charged with making a false report; (e) With future absences, progressive control actions shall be taken, including unsatisfactory efficiency ratings and increment denial. If sick leave abuse is evident at any level of occurrences, appropriate disciplinary action may be taken, including reprimand, suspension or ultimately, charges for dismissal; and (f) At the end of the 6 months, the supervisor shall evaluate the employee's compliance and decide whether to terminate or to continue the sick slip requirement. The employee shall be notified in writing of the final determination; NOTE: An undocumented absence from work, of less than 40 hours is charged to a documented chronic condition, shall not be considered as an occurrence in this case. (3) Low Sick Leave Balance Employees who consistently maintain a sick leave balance of 40 hours or less, without the documentation for a chronic condition, are subject to placement on a 1-day sick certificate status. The supervisor will: (a) As the balance approaches 40 hours, document a conference with the employee in which he or she was advised that: (i) (ii) Employees are subject to placement on a 1-day sick certificate status when their sick leave balance drops to 40 hours or less; and EAP services are available. (b) Upon the occurrence of sick leave use (excluding those for a documented chronic condition) that reduces the balance to 40 hours or less, : (i) Document notification to the employee that he or she is now on 1-day sick certificate status for a 6-month period;
(ii) Refer the individual formally to EAP; and (iii) Monitor sick leave use as described in.05.i.2 of this directive. H. Family Medical Leave Act (FMLA) Employees may be granted a leave of absence, with or without pay, for the employee's personal illness or for the illness of a family member or other qualified relationship for up to a total of 12 workweeks of paid/ unpaid leave in a rolling 12-month period. (1) Eligibility Criteria (a) Employees, absent for the following reason, may be eligible for FMLA: (i) Birth of a child, and to care for a newborn child; (ii) Placement with the employee of a child for adoption or foster care; (iii) Necessary care for the employee's spouse, child, or parent with a serious health condition, or an adult child who cannot care for himself or herself; or (iv) A serious health condition that makes an employee unable to perform the functions of the employee's job. NOTE: Accident leave used due to a serious health condition that results from an on-the-job injury will be designated as FMLA. (b) The employee must have actually worked at least a total of 12 months for the State; time worked as a contractual State employee is credited. The time of employment may be separated by a break in service, so long as the total time worked is at least 12 months. (c) The employee must have worked at least 1,250 hours during the 12 months proceeding the date that the leave is scheduled to begin. Overtime hours that were worked are credited. Paid or unpaid leave is not credited. (d) FMLA is a status; earned or accrued paid leave (sick, annual, or personal) must be substituted for any unpaid FMLA. The earned or accrued leave will be designated as FMLA. Employees who are eligible for FMLA absence must utilize any available accrued leave (with the exception of comp time) for the absence for a period of up to 12 workweeks. No employee shall be allowed to take unpaid FMLA leave of absence when there is a balance of any earned or accrued sick, annual or personal leave. (2) Employee Responsibilities (a) To request FMLA, the employee must submit to Personnel a completed "Request for Family and Medical Leave" form MS410.
(b) Whenever the necessity for a FMLA absence is foreseeable, the employee must provide notice at least 30 days prior to the start of the absence. (c) Unless it is not practical, the employee is responsible for providing the Human Resource Unit with the "Certification of Health Care Provider" form MS411, completed by t he approved health care provider within 15 calendar days after the request is made. (d) If the FMLA absence was due to the employee's own health condition, the employee is required, prior to returning to work, to provide to the supervisor a "Return to Work Medical Certification" form MS413 completed by an approved health care provider and indicating that the employee is fit to resume work. (3) Management's Responsibilities (a) Designated Personnel staff, upon receipt of a completed "Request for Family and Medical Leave" form, will within 1 business day: (i) Determine if the individual has a qualifying condition and if he/ or she meets the criteria for years of service; and (ii) Request confirmation of eligibility (hours worked) from the Payroll Department. (b) The designated Payroll Department staff, upon receipt of the request, shall respond to Personnel by the next business day. (c) By the third business day, Personnel staff will notify the employee, in writing, if the absence has or has not been designated as FMLA.