A.
It is the policy of Calvert County 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
employees and part-time and grant-funded employees are eligible for
an unpaid leave of absence in accordance with the terms of this article.
Contractual and appointed employees are eligible for an unpaid leave
of absence only if such leave is granted by an express term of their
employment contract or appointment, respectively.
B.
Employees not eligible for military, court appearance, or jury leave
may be entitled to an unpaid leave of absence under this article.
A.
The County Administrator, upon recommendation of the department head
and Director of Personnel, may grant an employee an unpaid leave of
absence not to exceed 90 calendar days per occurrence.
B.
Requests for extensions which would bring the total length of the
leave of absence above the above-stated amounts must be approved by
the Board of County Commissioners.
The Board of County Commissioners, upon recommendation of the
department head, Director of Personnel, and County Administrator may
grant an employee an unpaid leave of absence not to exceed 12 calendar
months.
LWOP may be granted at the sole discretion of the employer 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 shall contribute to the individual's
effectiveness as a County employee;
C.
Active-duty military service;
D.
Maternity, paternity, or adoption; or
E.
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 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 workweek 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 that further approval
is necessary, the department head shall forward this recommendation
to the Director of Personnel, who shall in turn forward it to the
County Administrator or the Board of County Commissioners.
B.
An employee on approved LWOP must remain in an LWOP status for the
entire approved period unless otherwise approved by the department
head. 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 workday before and
after a holiday in order to receive holiday leave. An employee on
LWOP is in a nonpay 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 shall 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 shall be guaranteed. Upon return from LWOP, the employee shall 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 shall 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 § 86-2-402.
B.
Upon return from LWOP for medical reasons in excess of one workweek,
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 department
head. Extensions of LWOP must be requested in advance.
D.
Upon return from LWOP an employee shall be granted any salary increases
that 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 step 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, for a duration such that a paycheck is
missed, is required to pay the full cost (both the employee's and
the County's share) of insurance. The employee must make payment arrangements
in order to continue coverage. If the coverage is dropped, the employee
may not reenroll 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 in advance
for the leave of absence or service credit before taking the leave.
This may also affect the death benefit.
