A. 
It is the policy of Chesapeake Beach to grant unpaid leaves of absence for justifiable reasons to eligible employees. Leave of absence is a privilege and shall be considered on an individual basis. Merit and appointed employees are eligible for an unpaid leave of absence in accordance with the terms of this Article XX.
B. 
Employees not eligible for military, court appearance, or jury leave may be entitled to an unpaid leave of absence under this article.
A. 
A department head may grant an employee an unpaid leave of absence not to exceed the equivalent of five work days per occurrence, if the leave will not jeopardize the Town's best interests.
B. 
Requests exceeding five work days must be approved by the Mayor.
LWOP may be granted at the sole discretion of the Town for the following reasons:
A. 
To retain an employee whose accumulated sick, annual, or personal leave balance, as appropriate, has been exhausted;
B. 
For educational purposes which will contribute to the individual's effectiveness as a Town employee;
C. 
For active-duty military service;
D. 
For maternity, paternity, or adoption; or
E. 
For other reasons, personal to an employee.
A. 
An employee must submit a request to the department head at least two weeks in advance of the date the requested leave is to begin, indicating the dates the leave is to begin and end and the reason. Requests for LWOP for medical reasons in excess of one work week must be accompanied by a medical certificate. This may also be required for shorter periods of LWOP. If the leave is to be of a duration such that further approval is necessary, the department head shall forward this recommendation to the Mayor.
B. 
An employee on approved LWOP must remain in an LWOP status for the entire approved period unless otherwise approved by the Mayor. An employee cannot return to work or take paid leave before or after a holiday in order to receive holiday leave. An employee must be in a pay status the regularly scheduled work day before and after a holiday in order to receive holiday leave. An employee on LWOP is in a non-pay status and does not earn annual, sick, or holiday leave.
C. 
An employee is not required to use accrued leave before being granted LWOP.
A. 
In the case of long-term LWOP, the department head must consider whether he will be able to make the employee's position available to him upon return and must so indicate during the approval process. Unless otherwise stated, it is assumed that the position will not be guaranteed. Upon return from LWOP, the employee will be restored to the position as agreed during the approval process. If the department head is not able to make a position available, the employee may request to receive vacancy announcements of all available positions for a period of 12 months following an employee's separation which will allow employees to apply for positions on an in-house basis for a period of 12 months. Employees must meet minimum qualifications for the position and must complete an employment application by the closing date of the announcement. Employees shall be subject to Article VII, Probationary Status, of this Division A.
B. 
Upon return from LWOP for medical reasons in excess of one work week, or a shorter period at the discretion of the department head, the employee must provide a doctor's release. No employee shall be allowed to return without a release.
C. 
An employee who does not return to work upon expiration of the approved period of LWOP is assumed to have resigned unless the employee provides proof of extenuating circumstances to the satisfaction of the Mayor. Extensions of LWOP must be requested in advance.
D. 
Upon return from LWOP, an employee will be granted any salary increases which would normally have occurred during the absence. If, however, the absence was of a duration that the department head cannot fairly evaluate the employee's performance, a merit increase which should have occurred or is forthcoming may be withheld for the period of time equal to the length of the absence. In the case of a probationary employee, the probationary period may be extended for a period of time equal to the leave of absence.
An employee on LWOP of a duration such that a paycheck is missed is required to pay the full cost (both the employee's and the Town's share) of insurance. The employee must make payment arrangements in order to continue coverage. If the coverage is dropped, the employee may not re-enroll until the next open enrollment period. In requesting an unpaid leave of absence, employees are responsible for considering the impact it may have on retirement benefits. Only certain reasons for leave and only certain durations of leave are allowable under various retirement plans. Others may constitute a break in service. Employees may be required by their retirement plans to apply for the leave of absence or service credit in advance of taking the leave. This may also affect the death benefit.