6-1. Personal Leave and Definitions
A. Personal leave provides each fulltime employee with discretionary time off for any personal needs including illness or injury without any obligation to provide a doctor’s excuse or to remain at home.
Pre-approved Personal Leave(PL) – Leave requested and approved in advance with the proper timelines as detailed below in Section B. Counted as hours worked in the computation of overtime.
(Non-Pre-approved Personal Leave) (UP)– Leave requested and approved less than 24 hours in advance and more than ½ hour before their regular starting time. Does not count as hours worked in the computation of overtime.
Unexcused Leave (UX) – Leave requested outside of the definitions above. Requesting leave while not having sufficient amount of time available in leave bank at the time of leave being used. Pay will be forfeited for the scheduled time not worked. Employee will be subject to disciplinary action.
Employees shall accrue personal leave on the following per hour basis:
Years of Service |
Hours Accrued Per 80 Hours Worked |
8 Hour Days Equivalent |
0 - completion of 5th year |
5.538 |
18 (144 hours) |
Beginning of 6th year – completion of 10th |
7.077 |
23 (184 hours) |
Beginning of 11th year + |
8.615 |
28 (224 hours) |
B. Pre-approved Personal Leave (PL) may be taken in minimum increments of 15 minutes. Non pre-approved Personal Leave (UP) must be taken in an increment of a minimum of one (1) hour, then 15 minute increments thereafter. Request to use personal leave time other than for illness or injury for a period of 3 days or less must be made 24 hours in advance or special permission must be obtained from the Village Manager. Request to use personal leave time other than for illness or injury for a period of 4 workdays or more must be made 5 workdays in advance or special permission must be obtained from the Village Manager. Employees who are using leave for vacations of at least 4 days may request in writing at least 10 working days before the leave begins to be paid in advance for time
they will be out on leave. Such advance payment will only be made if the employee’s regular bi-weekly check would not result in him/her being pre-paid for time which has not been worked or included in the personal leave request.
C. Exempt employees absent from work for at least four (4) hours must request leave.
D. Employees who use personal leave for illness must call in ½ hour before their regular starting time or forfeit pay for the day. The Village reserves the right to cancel any approved personal leave when it is deemed in the Village’s best interest.
E. Employees may accrue a lifetime maximum of 30 personal days (240 hours) and carry them over from year to year. During the course of the fiscal year, the maximum 240 hours may be exceeded; however hours in excess of 240 hours must be used by September 30 or be forfeited. If an employee ends a fiscal year with an amount of time which exceeds 240 hours due to the Village requiring a change in vacation plans, then the employee shall use the hours requested within 90 days of the beginning of the fiscal year.
F. Short Term Disability - After an employee has been out of work due to illness or off-the-job injury for 160 regularly scheduled hours of work, the employee may apply for short term disability which would provide up to 21 additional weeks (840 hours) of salary continuation at 75% of the employee’s regular salary. An employee with accrued personal leave or sick leave may use it to supplement the disability payments so as to receive 100% of his/her regular salary. The Village retains the right to have the employee examined by its physician at the Village’s expense to ascertain the need for disability leave. If the Village selected physician disagrees with the employee’s physician, these physicians will select a qualified third physician who will render a final
determination as to whether the employee is disabled.
If a person returns to work from a leave of absence, but then needs to go back out on leave for the same illness, their second leave will be connected to the first leave if it falls within a 12 month period. The second leave will continue from the return to work date of the first leave.
G. Employees injured on the job, who are unable to return to work on the day of injury, shall be paid for that day. Employees absent from work as a result of a compensable on the job injury will be entitled to workers’ compensation benefits; however, the Village will not supplement those benefits except as noted below. Employees with accrued personal leave, or comp time may use any to supplement worker’s compensation benefits to receive up to 100% of their salary
H. Employees returning to work from short term disability or absence due to illness or injury under worker’s compensation are required to provide their supervisor with a copy of a release to return to work at full duty, or light duty if it can be accommodated, from the treating physician. The release is to be forwarded to Human Resources Department.
I. Long Term Disability: The Village will provide at no cost to the employee a long term disability policy that shall provide minimum coverage of at least 60% of the employee’s salary (integrated with worker’s compensation and/or social security benefits) to begin at the commencement of the 180th day of absence.
J. Employees may request PL time as soon as it has accrued. All employees will be paid 100% for all accrued personal leave when their employment is terminated for any reason.
K. In unusual cases or emergency situations, the Village Manager can pay an employee part or all of his/her accrued personal leave. The Manager’s decision is final.
L. Any time an employee is out of work on paid leave, the employee will accrue all regular benefits, which includes personal leave time, retirement and health benefits, etc. Workers’ compensation will be treated as paid leave. Employees on approved unpaid leave of up to ninety (90) calendar days shall also accrue all regular benefits.
M. Any unauthorized absence or absence without leave time will be without pay and the employee may be subject to disciplinary action up to and including discharge. Employees who are absent from work for three (3) consecutive work days and have not called in, applied for leave, or have not notified their supervisor of their status will be considered to have abandoned their job and will be terminated. Notification of such termination will be sent via certified mail and regular US Mail.
N. Employees who are absent from work for six (6) months (26 weeks/1000 hours) in any rolling twelve month period due to an illness or injury will be terminated.
O. All leave shall be recorded on the electronic time keeping system and approved by the department head.
P. When an employee uses Personal Leave for five or more consecutive work shifts and the leave is medically related, the employee may be required to bring in a doctors note clearing them for return to work, and they may be subject to the provisions under Chapter 19 (Medical Examination). Employees requiring Family Medical Leave paperwork may to request the paperwork as provided in Section 6-5.
6-2. Compassionate Leave
In the event of the death of an immediate member of the family (parents, siblings, children, spouse, step-parents, step-children, mother_in-law and father-in-law, grandparents, spouse’s grandparents, grandchild, son-in-law, daughter-in-law, guardian), a full_time employee will be entitled to three (3) compassionate leave days immediately following the death to attend the funeral. Five (5) paid days shall be granted if the employee is in attendance at the funeral and such funeral is held outside the State of Florida. All days referred to herein shall be eight (8) hours. Proof of death and or attendance at the funeral may be required.
6-3. Jury and Witness Duty
A. Leave with pay shall be authorized for full-time permanent employees in the Village who may be required to perform jury duty. Employees must return to the Village all compensation, less expenses, paid by the court. Further, when an employee is released from jury duty with at least three (3) hours remaining on his/her regularly scheduled work day, the employee shall return to work and report to his/her supervisor. Upon returning to work, the employee must present a note from the court showing dates and times the employee was absent from work to serve as a witness or juror.
B. Employees who work the evening or midnight shifts who are called to jury duty shall have at least eight (8) hours between the end of jury duty and the beginning of their regularly scheduled shift or from the end of their regularly scheduled shift and the reporting time for jury duty. Should there be less than eight (8) hours the employee shall be relieved, with pay, from that portion of their shift so as to give the employee eight (8) hours rest.
C. Employees subpoenaed to testify in court proceedings for Village related actions shall be given leave with pay for the time needed to honor the subpoena.
6-4. Unpaid Leave of Absence (Non-FMLA Related)
A. Employees may request, in writing, a leave of absence without pay for up to twelve (12) months. Such requests must be submitted to the Village Manager for approval.
B. All available personal leave except personal leave already scheduled as vacation and approved, must be exhausted prior to use of any approved leave without pay unless written approval is received from the Village Manager.
C. The decision to grant leave without pay (Leave of Absence) is a matter of administrative discretion. The Village Manager will consider each request and determine each case on its own merits.
D. Employees granted leave of absence must inform their department head every three (3) months regarding the status of their current activity (school, medical, military, etc.) In addition, they must keep their department head advised of their current address at all times. After 90 days of unpaid leave, employees must pay the full cost of health benefits.
E. Employees granted a leave of absence and who wish to return before the leave period has expired may do so only upon approval of the Village Manager.
F. Employees granted a leave of absence shall, upon termination and/or expiration of the leave, return to the job classification, grade and step held at the time leave began.
G. Leaves which fall under the Family and Medical Leave Act will be treated accordingly.
6-5. Family and Medical Leave
This policy is designed to give employees notice of their basic rights under the Family and Medical Leave Act of 1993 (FMLA), as amended from time to time. However, employees may have additional rights and obligations pursuant to that Act which will be explained to them upon taking leave under this policy, or upon request. Employees requesting FMLA leave should contact the Human Resources Department to receive information and complete the appropriate form.
A. An employee who has (1) worked for at least twelve months for the Village, (or a total of 52 weeks whether or not continuously); (2) at least 1,250 hours of service with the Village during the 12 months preceding the leave, may request up to 12 weeks of unpaid leave within a rolling 12 month period under the following circumstances (NOTE: Certain highly paid employees may not be entitled to all leave benefits provided under this policy):
1. The birth of a son or daughter and to care for the child;
2. The placement of a child with an employee for adoption or foster care;
3. To care for the spouse, son, daughter, or parent of an employee, if the family member has a “serious health condition;”
4. An employee is unable to perform the functions of' his or her position because of the employees own “serious health condition.”
The entitlement to leave for birth or adoption or foster care of a child, shall expire at the end of the 12 month period beginning on the date of such birth or placement. Leave time will be taken consecutively, not intermittently. Exceptions to this are decided by the Village Manager on a case by case basis. If spouses are both employed by the Village, aggregate leave for both spouses for birth, adoption, or foster care of a child, or to care for a parent (but not a spouse or a child) with a serious health condition shall not exceed 12 weeks within a rolling twelve month period. However, an employee is entitled to take the remainder of his or her own 12 week leave to care for a spouse or child with a serious health condition, or because of the employee's own serious illness.
B. A “serious health condition” is defined as an injury, illness, impairment, or physical or mental condition that involves either:
1. Hospital Care: Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment:
a. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves:
1a. Treatment of two or more times by a health care provider, buy a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care service (e.g. physical therapist) under orders of , or on referral by, a health care provider; or
2a. Treatment by a health care provider on at least one occasion which results in a regiment of continuing treatment under the supervision of the health care provider.
3. Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)
5. Permanent/Long term Conditions Requiring Supervision:
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provide. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatment (Non-Chronic Conditions):
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity or more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer, severe arthritis, and kidney disease.
C. An employee must utilize all accrued personal leave for leave granted under the Act for an employee's own serious health condition. Once leave has been exhausted, the remainder of the FMLA leave will be unpaid.
D. An employee must utilize all accrued personal leave for leave granted under the Act for a birth, adoption, or placement of a foster child, or to care for the spouse, son, daughter, or parent of an employee, if the family member has a “serious health condition;”. After all personal leave is utilized, the remainder of the FMLA leave will be unpaid.
E. Employees must give 30 days notice of their intent to take leave for foreseeable events. When circumstances require a leave to begin in less than 30 days, the employee must give as much notice as is practicable.
F. Certification issued by a health care provider is required to support an employee's request for leave due to a serious health condition. The employee shall provide in a timely manner, a copy of such certification to the Village. Sufficient certification shall include a statement of:
1. The date on which the serious health condition commenced;
2. Its probable duration;
3. The appropriate medical facts within the knowledge of the health care provider regarding the condition;
4. An assertion that the employee is unable to perform the functions of the position of the employee, or that the employee is needed to care for the family member and an estimate of the amount of time that the employee is needed to care for the family member.
A second and third medical opinion from a Village designated health care provider concerning the information provided in the medical certification may be required by the Village, at the Village’s expense. When the second opinion differs from the original certification, the Village may require a third health care provider opinion jointly selected by the Village and the employee at the Village’s expense. The third opinion is final and binding on both parties.
G. When an employee requests a reduced schedule leave or intermittent leave the following is required:
1. In the case of planned medical treatment, a health care provider certification must also include the dates on which treatment is expected and the duration of the treatment;
2. If an employee takes leave due to his or her serious medical condition, certification must also include a statement of the medical necessity for such intermittent or reduced leave schedule and the expected duration of the intermittent or reduced leave schedule;
3. If an employee requests leave to care for a sick family member, the certification must also include a statement that such intermittent or reduced leave schedule is necessary for the care of the family member who has a serious health condition or will assist in their recovery, and the expected duration and schedule of the intermittent or reduced leave schedule.
H. If the leave was based on the employee’s own serious health condition, certification from the employee's health care provider that the employee is able to resume work is required, except that nothing in this paragraph shall supersede a valid state or local law or a collective bargaining agreement that governs the return to work of such employee.
I. During unpaid leave, the employee shall accrue all regular benefits. Employment benefits to which an employee may be entitled on the day family and medical leave of absence begins will not be lost because of such leave. Upon return from FMLA leave, employees are entitled to any changes in benefits not dependent on seniority or accrual during the leave.
J. The Village will continue to pay the employee’s health insurance premium, however the employee is responsible for continuing to pay any share of health premiums during FMLA leave. Failure to do so may result in loss of coverage. If the employee does not return to work after the expiration of the leave, he/she will be required to reimburse the Village for payment of health insurance premiums during the family leave, unless:
1. the employee does not return because of the presence of a serious health condition which prevents him/her from performing the essential functions of the position;
2. the employee is needed to care for a spouse, son, daughter, or parent with a serious health condition; or
3. because of circumstances beyond the control of the employee.
If the employee does not return because of a serious health condition, certification of a health care provider may be required in a timely manner in order to avoid being required to reimburse the Village for payment of health insurance premiums.
K. In the case of unpaid leave for the birth or placement of a child, intermittent leave or working a reduced number of hours is not permitted unless approved by the Village Manager. In the case of unpaid leave for a serious health condition of the employee or the employee’s family member, the leave may be taken intermittently or on a reduced hours basis only if such leave is medically necessary.
If an employee requests intermittent or reduced schedule leave for a serious health condition of the employee or the employee’s family member, the Village may require such employee to transfer temporarily to an available alternative position for which the employee is qualified, and that has equivalent pay and benefits, and that better accommodates recurring periods of leave than the regular employment position of the employee.
L. On return from leave within the leave period, an employee shall be entitled to be restored to the position of employment held by the employee when leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
6-6. Military Leave
A. Training – In accordance with Florida Statutes Chapter 115.07, military leaves of absences will be granted to those employees who are commissioned reserve officers, reserve enlisted personnel in the United States Military or Naval Service, or members of the National Guard without loss of pay, personal leave or time, on all days during which they are engaged in training. These leaves shall not exceed seventeen (17) working days per calendar year (January 1 through December 31). The employee shall notify his/her department head and upon the basis of the orders from proper military authority, the Village Manager shall grant such leave. Leaves of absence for additional periods of time for such assignments shall be without pay, and shall be granted by the Village without loss of
time.
B. Active Duty - In accordance with Florida Statutes Chapters 115.09 and 250.48, Village officers or employees who are members of a reserve component of the U.S. Armed Forces, the National Guard or Florida National Guard are entitled to leave of absence, without loss of pay or time on all days during which they are engaged in active duty for a period up to thirty (30) consecutive days. Thereafter, leave shall be without pay, and under section 115.14 such employees may utilize accrued personal leave or banked sick leave to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. During such leave, the Village shall continue to provide all regular benefits.
An employee terminating active military service and returning from said leave shall be restored to the position of employment held when leave commenced, or restored to an equivalent position with equivalent pay, benefits and other conditions of employment.
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