[Ord. No. 96-13 Ch. 4, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §1, 11-5-2012; Ord. No. 12-100 §3, 12-18-2012]
The provisions set out in this Article shall govern the use
of paid and unpaid leave effective December 27, 2012.
[Ord. No. 96-13 Ch. 4 §1, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord.
No. 01-164 §§1—3, 12-13-2001; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §4, 11-5-2012; Ord.
No. 22-088, 12-19-2022]
A.
St.
Charles County will observe the following eight (8) hour holidays
and all offices will be closed except those with twenty-four (24)
hour per day, seven (7) day per week operation and those offices required
to appear before or assist the courts when court is in session.
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January 1st, New Year's Day
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Martin Luther King, Jr. Day
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Presidents' Day
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Memorial Day
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July 4th, Independence Day
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Labor Day
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Columbus Day
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November 11th, Veterans Day
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Thanksgiving Day and the day after
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December 24th and 25th
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C.
Observance Of Holidays — Law Enforcement.
1.
Law enforcement employees who work twelve (12) hour shifts have
their twelve (12) equivalent eight-hour County-declared holidays plus
an extra 13th eight-hour holiday only received by law enforcement
worked into each of the thirteen (13) annual shift schedules. Non-exempt
law enforcement officers who work the actual holiday, not the observed
holiday, will receive premium pay of time and a half for working the
actual holiday. Those working the observed holiday receive straight
time pay.
D.
Observance of Holidays — For All County Employees Except Law
Enforcement Employees Who Work Twelve (12) Hour Shifts.
1.
When a holiday falls on Saturday, the County will observe the
holiday on the preceding Friday; when a holiday falls on Sunday, it
will be observed on the following Monday.
2.
When a holiday falls on a Sunday and the following Monday is
a holiday, the holiday falling on Sunday will be observed on the previous
Friday. When a holiday falls on a Saturday and the preceding Friday
is a holiday, the holiday falling on Friday will be observed on the
previous Thursday and the holiday falling on Saturday will be observed
on the previous Friday.
3.
When holidays are observed on employees' regularly scheduled
days off, they shall receive straight time pay or FLSA compensatory
time for the holidays, whichever is applicable.
4.
Employees required to work holidays that are not part of their
schedule shall earn overtime compensation due in accordance with the
County's overtime policy.
5.
Employees required to work on holidays that are part of their
regular schedule shall earn overtime or compensatory time in accordance
with the County's overtime and compensatory time policies.
6.
Appointing authorities and elected officials may determine that
the work responsibilities of their department require that leave for
holidays be granted in an alternative manner which results in the
appropriate number of holiday hours being granted during the year.
E.
Employees on paid time off or using leave from the paid sick leave
bank at the time of a holiday shall be taken off that form of leave
and granted the holiday, except that employees on leave due to Workers'
Compensation benefits shall receive only that portion of the holiday
necessary, when added to the amount received from Workers' Compensation,
to provide full pay for the day.
F.
Employees on unpaid leave at the time of a holiday shall not be paid
for the holiday.
[Ord. No. 12-083 §1, 11-5-2012; Ord. No. 12-100 §4, 12-18-2012]
A.
Eligibility.
1.
Employees occupying permanent full-time and permanent percentage
time positions shall receive paid time off.
2.
Employees occupying intermittent positions are not eligible for paid
time off.
3.
Use of paid time off shall be granted only up to the level actually
accumulated by the employee.
4.
Employees may also be eligible to receive additional paid time off pursuant to the award and recognition program authorized by Section 115.670(G).
[Ord. No. 14-128 §3, 12-15-2014]
B.
Accrual.
1.
The amount of paid time off available to each employee shall be determined
by years of service as follows:
[Ord. No. 22-088, 12-19-2022]
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YEARS OF SERVICE
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ANNUAL PAID TIME OFF
(HOURS)
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|---|---|
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Less than 5
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136
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5<10
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176
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10+
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216
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For accrual of paid time off, former employees who were laid
off or who resigned from their positions with proper notice and with
a good or better performance rating, who are re-employed within one
(1) year of separation, shall have their earlier seniority restored
after they have completed twelve (12) consecutive months of service
in an eligible position and accrue paid time off at that rate.
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2.
Paid time off shall be officially accrued and recorded at the end
of each pay period with the following schedule:
[Ord. No. 20-095, 12-21-2020]
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YEARS OF SERVICE
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ACCRUAL RATES PER PAY PERIOD (HOURS)
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MAXIMUM ACCRUAL BALANCE (HOURS)
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|---|---|---|---|---|---|---|---|---|
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(37.5 HR/WK)
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(40 HR/WK)
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(41.25 HR/WK)
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(42 HR/WK)
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(37.5 HR/WK)
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(40.0 HR/WK)
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(41.25 HR/WK)
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(42 HR/WK)
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<5
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4.90
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5.23
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5.39
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5.49
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255
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272
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280.5
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285.6
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5<10
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6.35
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6.77
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6.98
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7.11
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330
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352
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363
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369.6
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10+
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7.79
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8.31
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8.57
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8.72
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405
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432
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445.5
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453.6
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Accrual rates and maximums also apply to certain law enforcement
and corrections personnel who work a maximum of one hundred sixty-five
(165) hours on eight and one-quarter (8.25) hour shifts or one hundred
sixty-eight (168) hours on twelve (12) hour shifts in a twenty-eight
(28) day cycle.
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3.
Employees occupying permanent percentage time positions earn a proportional
amount of paid time off.
4.
Eligible employees who are paid for less than a full pay period because
of appointment or separation will receive credit of paid time off
proportionally.
5.
Employees who receive more paid time off than the above schedule
prior to January 1, 1993, shall not have their accrual rates decreased.
Neither shall the rate of accrual be increased so long as their rate
is in excess of the schedule. Employees receiving the equivalent of
five (5) weeks of annual leave may, at the discretion or approval
of the appointing authority, receive pay in lieu of the fifth (5th)
week of annual leave.
6.
Maximum accrual is limited to two (2) times the employee's annual accrual rate as listed in the above schedule. No additional accumulation is allowed when the maximum accrual is reached. Twenty percent (20%) of paid time off in excess of the employee's maximum accrual shall automatically pour over as a donation to the Employees Shared Leave Bank authorized by Section 115.305.
[Ord. No. 14-128 §3, 12-15-2014]
7.
Paid time off accrues only when employees are in a paid status for
any portion of the pay period or when required by Federal or State
law or regulation.
8.
No employee will receive a payout of paid time off if the employee
leaves the County service without giving two (2) weeks' written notice,
unless approved by the appointing authority upon a showing by the
employee of extenuating circumstances. If an employee gives Human
Resources at least eight (8) weeks' written notice of the employee's
planned date of retirement, that employee may elect to receive a payout
of some or all accrued paid time off accumulated as of the date of
notice and to be accumulated after that date until date of retirement,
in equal or near equal amounts as determined by the Department of
Finance over the employee's last four (4) pay periods. Such notices
and election shall be on a form provided by the Department of Human
Resources or the Department of Finance. Such election shall be final
and may not be modified. However once such an election has been made,
any utilization of paid time off that was to be paid out to the employee
will be proportionally reduced from the remaining payout amount over
the employee's remaining pay periods.
[Ord. No. 14-103 §1, 10-27-2014]
9.
With the exception of Section 115.220(B)(8), any employee who is separated from County service will receive a payout of accrued paid time off.
[Ord. No. 21-099, 12-20-2021]
10.
Paid time off which has been earned but has not been used will be
paid out to an employee when the employee is transferred, promoted,
or elected to a position which is not eligible to earn paid time off
accruals.
[Ord. No. 22-088, 12-19-2022[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection (B)(10) as (B)(11).
11.
No employee will receive a payout of paid time off upon separation of employment from the County for paid time off the employee received pursuant to the award and recognition program established by Section 115.670(G).
[Ord. No. 14-128 §3, 12-15-2014]
C.
Scheduling Of Paid Time Off.
1.
Paid time off is granted upon a request by the employee and approval
of the appointing authority. Paid time off may be approved in an amount
as small as one-quarter (¼) of an hour. Since paid time off
accrues at the end of each pay period, it is not available for use
until it has accrued.
2.
Paid time off requested during peak workloads or defined periods
may be denied by the appointing authority. The appointing authority
may also develop a paid time off schedule to assign paid time off
requests. Paid time off may be denied based upon:
3.
Excessive unscheduled paid time off may be grounds for disciplinary
action. When an employee's absences are such that the appointing authority
has reason to believe that abuse exists, the employee shall be notified
in writing by the appointing authority. Thereafter, the employee may
be required to submit a doctor's note. Grounds for reasonable belief
are for example, but not limited to: a pattern of numerous one-day
absences throughout the year; leave that is taken by the employee
in a pattern of Mondays and/or Fridays (or around other regularly
scheduled days off) or both; and the frequency of unscheduled absences.
4.
If an employee who has been denied use of paid time off believes
that the denial is not appropriate under the terms of this Section,
the employee shall first attempt to resolve the matter with the appointing
authority. If this fails to resolve the matter, the employee may appeal
the decision to the Director of Administration.
5.
If the Director of Administration determines that the denial of the
employee's request violates the provisions of the Personnel Administration
Program, Part I, the Director of Administration shall notify the appointing
authority and the employee. The employee shall then be allowed to
use the leave. The employee shall not suffer any form of discipline
or adverse consequence for using the leave or for appealing the denial
of leave.
6.
The appointing authority may submit supplemental departmental policies
concerning the use of paid time off to the Director of Administration
for approval. No supplemental policies may be applied by the appointing
authority until approved by the Director of Administration.
[1]
Editor's Note—Ord. no. 12-083 §1, adopted November
5, 2012, repealed section 115.220 "vacation/annual leave" and enacted
the new provisions set out above. Former section 115.220 derived from
ord. no. 96-13 ch. 4 §2, 2-6-1996; ord. no. 98-214 §1, 10-28-1998;
ord. no. 00-022 §1, 2-29-2000; ord. no. 10-009 §1, 1-27-2010;
ord. no. 11-025 §3, 5-2-2011; 12-019 §1, 3-2-2012.
[Ord. No. 12-083 §1, 11-5-2012]
A.
In
conjunction with paid time off, employees earn and may use extended
medical leave as set forth herein.
1.
Each full-time employee will earn extended medical leave at a rate
of five (5) days per year. Employees occupying permanent percentage
time positions shall accrue extended medical leave in a proportional
amount. Employees occupying intermittent positions shall not accrue
extended medical leave.
2.
Extended medical leave shall be officially accrued and recorded at
the end of each pay period with the following schedule:
[Ord. No. 20-095, 12-21-2020]
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ACCRUAL RATES PER PAY PERIOD (HOURS)
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MAXIMUM ACCRUAL BALANCE (HOURS)
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|---|---|---|---|---|---|---|---|
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37.5 HR/WK
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40.0 HR/WK
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41.25 HR/WK
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42 HR/WK
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37.5 HR/WK
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40.0 HR/WK
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41.25 HR/WK
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42 HR/WK
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1.45
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1.54
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1.59
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1.62
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487.5
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520
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536.25
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546
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Accrual rates and maximums also apply to certain law enforcement
and corrections personnel who work a maximum of one hundred sixty-five
(165) hours on eight and one-quarter (8.25) hour shifts or one hundred
sixty-eight (168) hours on twelve (12) hour shifts in a twenty-eight
(28) day cycle.
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3.
Extended medical leave can be used when an employee or an employee's
family member is ill and the employee is required to miss at least
three (3) consecutive days of work. However, an employee out on approved
intermittent FMLA may use EML beginning with his or her third absence
related to the approved FMLA condition, even if the days absent are
not consecutive. Paid time off, compensatory time, or the employee's
sick leave bank must be used for the first two (2) days of any absence.
However, extended medical leave can be used starting with the third
consecutive day off work and any additional consecutive days off thereafter.
If an employee does not have any paid time off, compensatory time,
or sick leave bank time available, any time between the exhausting
of paid time off or such other accrued time and the beginning of extended
medical leave will be unpaid. A day is one (1) full scheduled shift.
[Ord. No. 13-103 §2, 12-19-2013; Ord. No. 23-105, 12-18-2023]
4.
Use of EML at the time of adoption or childbirth may be taken by
any employee upon the employee’s request, but shall be limited
to six (6) weeks to be taken within sixty (60) days of the adoption
or birth of that employee’s child. EML at the time of adoption
or childbirth is distinct from EML taken for medical reasons associated
with pregnancy or childbirth.
[Ord. No. 13-103 §2, 12-19-2013[1]]
[1]
Editor’s Note: Section 2 of this ordinance provided
for the renumbering of former Subsection (A)(4) through (6) as Subsection
(A)(5) through (7).
5.
Employees must request extended medical leave. Requests must be made
within 30 (thirty) days of the leave period being requested to be
amended to EML. An appointing authority may require a physician's
statement certifying the medical necessity of the absence of the employee
and/or verifying the fitness to return to work of the employee.
[Ord. No. 23-105, 12-18-2023]
6.
Extended medical leave accrues only when employees are in a paid
status for any portion of the pay period or as required by Federal
or State law or regulation. Eligible employees who are paid for less
than a full pay period because of appointment will receive credit
proportionally. Extended medical leave can be carried over from year
to year, up to the required number of days to cover the ninety-day
elimination period for eligibility for long-term disability.
[Ord. No. 13-103 §2, 12-19-2013]
7.
There is no payout of any unused extended medical leave at the time
of separation from the County. However, if an employee separates from
County employment, but then returns within one (1) year following
separation and he or she had a prior EML balance, this balance would
be reinstated after the employee has returned to County employment
for six (6) consecutive months.
[Ord. No. 13-103 §2, 12-19-2013]
[Ord. No. 12-083 §1, 11-5-2012; Ord. No. 12-100 §5, 12-18-2012]
A.
Effective
December 27, 2012 employees will no longer earn sick leave, however
any accrued sick leave in an employee's leave balance effective December
27, 2012 shall be retained to the employee's credit in a "paid sick
leave bank". Leave in a paid sick leave bank is only accessible to
the employee who accumulated the leave prior to December 27, 2012.
An employee may only use their accrued sick leave bank accruals for
the purposes set forth below:
1.
Personal illness, injury, childbirth or incapacity of employees;
2.
Physician, optical or dental appointments;
3.
Illness, injury, childbirth or incapacity in the immediate family
of employees; and
[Ord. No. 14-128 §4, 12-15-2014]
4.
Non-medical reasons at the time of adoption or childbirth.
5.
Supplementation to the Workers' Compensation benefit to provide the
employee a full day's pay taking into account the Workers' Compensation
benefit and sick leave together.
B.
Limitations.
1.
In no event shall sick leave used from the employee's sick leave
bank be more than the amount transferred on December 27, 2012.
2.
Use of time from the paid sick leave bank at the time of adoption
or childbirth may be taken by any employee upon the employee's request,
but shall be limited to six (6) weeks to be taken within sixty (60)
days of the adoption or birth of that employee's child. Paid sick
leave at the time of adoption or childbirth is distinct from paid
sick leave taken for medical reasons associated with pregnancy or
childbirth.
3.
The paid sick leave bank may be used by employees receiving Workers'
Compensation benefits, but the value of such paid sick leave shall
not exceed the difference between County pay and Workers' Compensation
benefits.
4.
Employees must request the use of hours from their paid sick leave
bank.
5.
An appointing authority may require a physician's statement certifying
the medical necessity of the absence of the employee who is using
time from a sick leave bank and/or verifying the fitness to return
to work of the employee who has been out on leave (whether paid time
off or from the paid sick leave bank) when:
a.
The absence is for more than three (3) consecutive workdays; or
b.
The appointing authority believes the employee is abusing the use
of leave from their paid sick leave bank. Pursuant to this Section,
the appointing authority must have given prior written notice to the
employee that all future use of non-approved FMLA sick leave must
be documented by a physician's statement. Only the specific condition
approved for FMLA is exempted from needing a physician's statement.
6.
An appointing authority who determines that the need to fill a position held by a key employee requires limitation of use of the employee's sick leave bank for the individual employed in that position to a term of twelve (12) weeks shall, as soon as the appointing authority makes that good faith determination, notify the employee in writing of the decision, with copies of that decision to the Director of Human Resources and the Director of Administration. Prior to denying sick leave in excess of twelve (12) weeks to an employee, the appointing authority shall provide the employee at least two (2) weeks' notice of the need to return. If a key employee, having taken twelve (12) weeks of leave from paid sick leave bank and/or paid time off as set forth herein, and has been served at least two (2) weeks prior to the required date of return to work with the appointing authority's written notice that the employee has had at least twelve (12) weeks of such leave, then the appointing authority, with the concurrence of the Director of Administration, may notify the employee that the employee is being terminated by no-fault separation as set forth in Section 115.430(C), despite the employee having remaining accrued sick leave in the paid sick leave bank.
7.
There shall be no payout at the time of the employee's separation
from the County for unused sick leave in the paid sick leave bank.
Sick leave absences during the employee's final thirty (30) calendar
days of employment shall be reviewed by the appointing authority who
may deny or rescind the paid sick leave for absences longer than three
(3) consecutive workdays without a physician's statement, or for unexplained
absences that are not consistent with the employee's prior attendance
record.
[Ord. No. 12-083 §1, 11-5-2012; Ord. No. 12-100 §6, 12-18-2012]
A.
As of December 27, 2012, each employee's vacation/annual leave balances will be converted in full to paid time off, however leave balances converted to paid time off will not exceed the maximum accrual limits as set forth in Section 115.220 above.
[Ord. No. 12-083 §1, 11-5-2012]
A.
A medical
evaluation of an employee, at the County's expense, may be required
in instances where the employee's use of leave has been abused or
when there are questions as to whether an employee can successfully
fulfill the essential functions of the job. Abuse of leave may include,
but is not limited to, the following instances:
1.
The employee is absent for three (3) consecutive days or has a pattern
of extended medical leave, paid time off and/or paid sick leave bank
leave usage, including, but not limited to, the following:
a.
Multiple instances in which unscheduled leave is taken by the employee
in a pattern of Mondays and/or Fridays (or around other regularly
scheduled days off) or both; or
b.
Frequent use of unscheduled paid time off, extended medical leave
and/or of the paid sick leave bank; or
c.
A pattern of numerous one-day absences throughout the year.
2.
Assessment of an employee's fitness to work with or without restrictions.
[1]
Editor's Note—Ord. no. 12-083 §1, adopted November
5, 2012, repealed section 115.225 "paid personal days" and enacted
new provisions set out above. Former section 115.225 derived from
ord. no. 10-009 §1, 1-27-2010; ord. no. 10-121 §1, 12-28-2010;
ord. no. 11-119 §§1—2, 12-29-2011.
[1]
Editor's Note—Ord. no. 12-083 §1, adopted November
5, 2012, repealed former section 115.230 "paid sick leave" in its
entirety. Former section 115.230 derived from ord. no. 96-13 Ch. 4
§3, 2-6-1996; ord. no. 00-022 §1, 2-29-2000; ord. no. 06-091
§2, 6-27-2006; ord. no. 09-025 §2, 2-25-2009; ord. no. 10-009
§1, 1-27-2010; ord. no. 11-119 §§1—2, 12-29-2011.
Subsequently, the time expired on the provisions contained in this Section 115.230, Extended Medical Leave, as adopted by Ord. No. 21-085 (11-8-2021), therefor this Section has been removed from the Code.
[Ord. No. 96-13 Ch. 4 §4, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord.
No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §5, 11-5-2012]
A.
Full-time
employees shall be granted up to twenty-four (24) hours of funeral
leave per annum upon request to the appointing authority or elected
official. Percentage time employees shall receive a pro rata portion.
Part-time employees are not eligible for funeral leave.
[Ord. No. 22-088, 12-19-2022]
B.
Employees
may be granted additional leave for bereavement and travel upon approval
by the appointing authority. Should the appointing authority deny
additional leave, the employee may appeal to the Director of Administration.
The Director of Administration may, at his discretion, override the
decision of the appointing authority or elected official and grant
additional leave to the employee.
[Ord. No. 17-110 § 1, 12-18-2017]
[Ord. No. 96-13 Ch. 4 §5, 2-6-1996; Ord. No. 96-49 §1, 5-1-1996; Ord.
No. 01-125 §1, 10-31-2001; Ord. No. 10-009 §1, 1-27-2010; Ord.
No. 12-083 §6, 11-5-2012]
A.
Employees who are or become members of the National Guard or any reserve component of the Armed Forces of the United States shall be granted time off, without loss of time, pay or leave, impairment of performance appraisal, or loss of any rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training under competent orders, in the service of the State of Missouri at the call of the Governor and as ordered by the adjutant general without regard to length of time, and for all periods of military service during which they are engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of fifteen (15) calendar days in any federal fiscal year. In any situation in which the fifteen (15) calendar days' limitation applies, the days for which the County employee was granted leave pursuant to Subsection (B), below, shall apply toward the fifteen (15) calendar days. Days on which the employee was not scheduled to work shall not be applied to the fifteen (15) calendar days.
B.
A "leave
request" stating the date of the military training must be submitted
to the appointing authority or elected official with a copy of the
official order from the military authority attached. If the orders
are not immediately available, the orders shall be provided before
the payment of salary covering the time period of the active duty.
C.
Other
absences required by military duty, not elsewhere provided for in
these rules, may be charged to accrued paid time off, compensatory
time (when applicable) or leave of absence without pay.
D.
Any officer or employee of this County, who is or may become a member of the National Guard or of any reserve component of the Armed Forces of the United States and who is engaged in the performance of duty in the service of the United States under competent orders for an extended and indefinite period of time, shall be entitled to leave of absence from his respective duties as a public officer or employee until such military service is completed without loss of position, seniority, accumulated leave, impairment of performance appraisal, pay status, work schedule including shift, working days and days off assigned to the officer or employee at the time leave commences, and any other right or benefit to which the officer or employee is entitled, and no retirement benefit shall be diminished or eliminated because of such service. In addition, such officer or employee of the County engaged in active duty as a member of the National Guard or military reserve as a part of Operation Noble Eagle (homeland defense) or Operation Enduring Freedom (international operation against terrorism) or any action approved by the Director of Administration when such action is taking place on foreign or American land and the officer or employee of the County is placed in harm's way as a part of his or her service in the National Guard (and performing in the service of the United States) or Reserve in that action, shall receive the difference between their military compensation and their compensation as an employee of St. Charles County. In addition, the employees engaged in the operations as set out in Subsection (D) shall receive health and dental benefits under the terms set out in Section 115.320(1)(a) (Health Insurance) and Section 115.320(2)(a) (Dental Insurance).
[Ord. No. 96-13 Ch. 4 §6, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord.
No. 10-009 §1, 1-27-2010]
A.
Employees
occupying permanent full-time and permanent percentage time positions
shall be granted paid jury and witness leave from work when:
[Ord. No. 14-128 §5, 12-15-2014]
1.
Serving as a juror in court provided jury fees received are tendered
to the County;
2.
Testifying under a subpoena as a witness in criminal or civil court,
responding to a Police agency investigation or attending a deposition
under a subpoena;
3.
Testifying as a witness as a result of their employment by the County
in a criminal case;
4.
Testifying as a witness on behalf of the County in a civil case;
or
5.
Participating in a mediation or arbitration on behalf of the
County.
B.
No
paid witness leave will be granted for participation in other court
proceedings. If a County vehicle is used, the mileage and travel expenses
shall be paid to the County.
[Ord. No. 21-085, 11-8-2021]
A.
An employee who is a victim of domestic or sexual violence, or whose
family or household member is a victim of domestic or sexual violence
and whose interests are not adverse to the employee as it relates
to the domestic or sexual violence, may take up to two (2) weeks within
a twelve-month period, unpaid leave from work for any of the following
reasons:
1.
Seeking medical attention for, or recovering from, physical
or psychological injuries caused by domestic or sexual violence to
the employee or the employee's family or household member;
2.
Obtaining services from a victim services organization for the
employee or the employee's family or household member;
3.
Obtaining psychological or other counseling for the employee
or employee's family or household member;
4.
Participating in safety planning, temporarily or permanently
relocating, or taking other actions to increase the safety of the
employee or the employee's family or household member from future
domestic or sexual violence or to ensure economic security; or
5.
Seeking legal assistance or remedies to ensure the health and
safety of the employee or the employee's family or household member,
including preparing for or participating in any civil or criminal
legal proceeding related to or derived from the domestic or sexual
violence.
B.
Leave described within this Section may be taken intermittently or
on a reduced work schedule. However, said leave is not available where
it would result in an employee taking more leave than the amount of
leave allowed under the Family and Medical Leave Act (FMLA). The County
will maintain health coverage for an employee while on leave under
this Section.
C.
The employee shall provide their appointing authority with:
1.
At least forty-eight (48) hours' advance notice of the employee's
intention to take leave under this Section, unless providing such
notice is not practicable, in which case notice must be given as soon
as possible; and
2.
Certification that the employee is unable to return to work
because of any of the reasons listed in this section by a sworn statement,
and documentation of evidence of the stated reason in the form of:
a.
Document from an employee, agent, or volunteer of a victim services
organization, an attorney, a member of the clergy, or a medical or
other professional from whom the employee or the employee's family
or household member has sought assistance in addressing domestic violence
or sexual violence and the effects of such violence; or
b.
A police or court record; or
c.
Other corroborating evidence.
D.
Reasonable safety accommodations shall be made available upon request
by an employee who is a victim of domestic or sexual violence or whose
family or household member is a victim of domestic or sexual violence,
in a timely manner, to the known limitations resulting from the domestic
or sexual violence. An employee requesting such reasonable safety
accommodations shall submit a completed "VESSA Accommodation Request
Form", available from the Human Resources Office, to the Human Resources
Office for approval processing.
[Ord. No. 96-13 Ch. 4 §7, 2-6-1996; Ord. No. 06-072 §1, 5-31-2006; Ord.
No. 07-080 §1, 5-31-2007; Ord. No. 09-025 §2, 2-25-2009; Ord.
No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §7, 11-5-2012]
A.
Purpose. St. Charles County will grant up to twelve (12)
weeks of job-protected family and medical leave and qualifying exigency
leave in accordance with the Family Medical Leave Act of 1993 as amended
in 2009, known as FMLA, to eligible employees for specified covered
medical and family reasons as defined in the FMLA and exigencies arising
out of military deployment and up to twenty-six (26) weeks of job-protected
family and medical leave to care for a spouse, son, daughter, parent
or next of kin of a current member of the Armed Forces, including
a member of the National Guard or Reserves, with a serious injury
or illness. Under Federal regulations employees must be able to take
unpaid leave for qualifying absences. County policy allows for the
substitution of paid leave for unpaid leave as specified in this policy.
B.
Employee Eligibility. Family leave is available only to
regular full-time or part-time employees who have been employed by
the County for at least twelve (12) months or fifty-two (52) weeks.
Employment need not be consecutive weeks. However, employees must
have worked at least one thousand two hundred fifty (1,250) hours
during the preceding twelve (12) months immediately preceding the
beginning of the leave. Neither paid nor unpaid leave time is counted
in determining hours worked for FMLA eligibility.
C.
Qualifying Leave. To qualify for family leave under FMLA,
the leave must be taken for an immediate family member, spouse, child
or parent for:
1.
The birth of a son or daughter of the employee and/or to care for
that child within the first twelve (12) months of the birth;
2.
The placement of a son or daughter with the eligible employee for
adoption or State/court qualified foster care and to care for the
newly placed child within twelve (12) months of the child's arrival;
3.
The care of a spouse, son, daughter or parent with a serious health
condition; or
4.
A serious health condition which makes the eligible employee unable
to perform the essential functions of the position of such employee.
5.
In any case in which a husband and wife entitled to such leave are
both employed by St. Charles County, the aggregate number of workweeks
of leave to which both may be entitled may be limited to twelve (12)
workweeks during any twelve (12) month period if such leave is taken
to:
6.
Qualified exigent leave. Exigent circumstances of
an employee's spouse, child or parent while on active duty or called
to active duty status as a member of the National Guard, Reserves,
or active duty service members in support of a contingency operation.
Qualifying exigencies include:
a.
Issues arising from a covered military member's short notice deployment.
Short notice deployment is a call/order to active duty seven (7) days
prior to the date of deployment. Such leave under this Section is
limited to seven (7) calendar days beginning on the date the military
member is notified of deployment;
b.
Military events and related activities, such as official ceremonies,
programs or events sponsored by the military or family support or
assistance programs, and informational briefings sponsored or promoted
by the military, military service organizations or the American Red
Cross;
c.
Certain child care and related activities arising from the active
duty or call to active duty status of a covered military member, such
as arranging for alternative child care, providing child care on a
non-routine, urgent, immediate needs basis, enrolling or transferring
a child into a new school or day care facility, and attending certain
meetings at school or a day care facility if they are necessary due
to circumstances arising from the active duty or call to active duty
of the covered military member;
d.
Making or updating financial and legal arrangements to address a
covered military member's absence;
e.
Attending counseling provided by someone other than a health care
provider for oneself, the covered military member, or the child of
the covered military member, the need for which arises from the active
duty or call to active duty status of the covered military member;
f.
Taking up to five (5) days of paid time off, extended medical leave
or leave from the employee's paid sick leave bank to spend time with
a covered military member who is on short-term temporary rest and
recuperation leave during deployment;
g.
Attending to certain post-deployment activities, including attending
arrival ceremonies, reintegration briefings and events, and other
official ceremonies or programs sponsored by the military for a period
of ninety (90) days following the termination of the covered military
member's active duty status, and addressing issues arising from the
death of a covered military member; and
h.
Any other event that the employee and employer agree is a qualifying
exigency.
|
|
To qualify for military care giver leave for up to twenty-six
(26) weeks, the leave must be taken consecutively, the leave must
be to care for a spouse, son, daughter, parent, or next of kin who
is a member of the Armed Forces, including a member of the National
Guard or Reserves, who is undergoing medical treatment, recuperation,
therapy, or is otherwise in outpatient status, or is on temporary
military disability retired list for a serious injury or illness;
or a veteran undergoing medical treatment, recuperation or therapy
for serious injury or illness that occurred during the five (5) years
preceding the date of treatment.
|
D.
Maximum Leave Granted. An eligible employee may be granted
up to twelve (12) weeks of FMLA and qualifying exigency leave during
any rolling twelve (12) month period.
1.
The rolling twelve (12) month period is measured backward from the
date an employee uses any leave under this FMLA policy. Each time
qualifying and approved FMLA leave is taken, the amount of available
leave is computed by subtracting leave already taken during the preceding
twelve (12) months from the available twelve (12) weeks of leave and
the balance remaining is the amount the employee is entitled to take
at that point in time.
2.
Leave need not be continuous. Leave may be granted on an intermittent
or reduced schedule basis for the employee's own serious health condition
or to care for a serious health condition of a parent, child or spouse,
if such leave is medically necessary. Employees are obligated to make
a reasonable effort to schedule intermittent and reduced schedule
leave so as not to disrupt business operations. However, the department
may temporarily place an employee in a position that better accommodates
the need for intermittent or reduced schedule leave due to normal
business operations.
3.
Employees on extended leave are expected to periodically report to
the Human Resources Department regarding the status of the serious
medical condition including, but not limited to: changes to their
anticipated return to work date or their intent to return to work.
[Ord. No. 23-105, 12-18-2023]
|
An eligible employee may be granted up to twenty-six (26) weeks
of military care giver leave during a single twelve (12) month period.
|
a.
The single twelve (12) month period begins on the first (1st) day
the eligible employee takes military care giver leave and ends twelve
(12) months after that date.
b.
If employees do not use the entire twenty-six (26) weeks during the
single twelve (12) month period, the remaining weeks of leave are
forfeited.
E.
Secondary Employment While On FMLA And/Or Exigent Leave. Secondary employment is prohibited while on leave pursuant to this
Section.
F.
Pay Status While On Qualified Leave. FMLA, when identified,
runs concurrently with other forms of leave, paid or unpaid. When
employees have accrued or earned leave time, absences qualifying for
family medical leave shall be designated as FMLA and run concurrently
with paid leave as follows: Paid leave will first (1st) be drawn from
the paid sick leave bank for reasons sick leave is permitted by the
Personnel Administration Program, then extended medical leave shall
be used, then paid time off and then compensatory time, if elected
by the employee. Compensatory time may be used to cover family medical
leave absences only with the approval of the employee. Any absences
not covered by some form of paid leave shall be unpaid FMLA leave.
G.
Benefit Status While On Qualified Leave. St. Charles County
will continue to pay its share of the health and dental premiums for
employee coverage during family leave. Employees are responsible to
pay their share of the premiums, if any, to maintain coverage.
1.
During paid FMLA leave, normal semi-monthly pre-tax and post-tax
deductions will be processed during payroll if sufficient paid leave
is available to cover deductions.
2.
Once paid leave is exhausted, the health and dental coverage of the
employee will be continued assuming that the employee continues to
pay their share, such as for dependent coverage. Employees need to
make arrangements with the Human Resources Department to pay the monthly
contributions by personal check or alternately, if leave is foreseeable,
the employee can pre-pay under the pre-tax cafeteria plan, at their
option. This does not imply a waiver of any cafeteria plan rules.
3.
Employees who are thirty (30) days late for their share of premium
payments are subject to dependent coverage(s) being dropped for lack
of payment for the remainder of FMLA leave. However, health and dental
insurance coverage may be reinstated without a waiting period upon
the employee's return to work.
4.
If the employee fails to return to work, the County may request to
be reimbursed for the costs of the coverages paid by the County, unless
the reason for failing to return to work is related to the reason
FMLA leave was taken or other circumstances beyond the employee's
control.
H.
Requesting Leave. Employees should notify their supervisor as soon as possible that they are anticipating FMLA leave by completing the Request for FMLA Leave form as set forth in Subsection (J). For intermittent leave of a few hours or a few days, the Leave of Absence form can be completed. FMLA certification decisions are made by the Director of Human Resources. Appointing authorities continue to be responsible for use of the paid sick leave bank, extended medical leave and paid time off approval.
1.
When leave is foreseeable, such as leaves for planned medical treatment
or for the birth of an employee's child, employees should request
FMLA leave not less than thirty (30) days in advance. If an employee
fails to provide thirty (30) days' notice of leave, the employee must
explain the reasons why giving such notice was not practicable, upon
request for such information.
2.
When leave is not foreseeable, such as accidental injury causing
a serious health condition, premature birth or a sudden change in
the employee's health, the employee must notify their supervisor of
the need for leave as soon as it is possible and practical to do so.
In most cases, the employee should notify the Appointing Authority
of an unforeseen leave as soon as practicable which ordinarily means
the same day it is learned that there is a need for leave, or the
next business day.
I.
Notification. Supervisors and/or Appointing Authorities
shall notify employees within five (5) business days when the time
off is charged against family medical leave. If the Appointing Authority
identifies a leave of absence as likely FMLA qualified, the employee
will be notified and placed on FMLA leave. Employees may be directed
to obtain a Medical Certification for FMLA qualified leave.
J.
Medical And Qualifying Exigent For Military Leave Certifications. The County will require that a request for leave be supported by
the appropriate certification. Certifications are as follows:
1.
For a serious health condition. The condition(s)
must be supported by a certification issued by the health care provider
of the eligible employee or of the son, daughter, spouse or parent
of the eligible employee, as appropriate, by a qualified health care
provider to verify the serious health condition, anticipated length
of leave and the type of leave, i.e. continuous, intermittent or reduced
schedule. The health care provider may be contacted directly for clarification
and authentication of the medical certification. If additional information
is needed, the employee will receive written notice and is allowed
seven (7) days to cure the deficiency. Should the employee fail to
clarify an unclear certification and not allow the County to contact
the health care provider directly, FMLA leave will be denied.
2.
Qualifying exigency for military leave. Request
for exigent leave must be supported by a certification submitted by
the employee. If leave is requested to meet with a third (3rd) party
(such as to arrange for child care, to attend counseling, to attend
meetings with school or child care providers, etc.), a complete and
sufficient certification includes the name, address, and appropriate
contact information of the individual or entity with whom the employee
is meeting. The information may be used to verify that the information
contained on the certification is accurate.
3.
Military care giver leave. A request must be supported
by a certification issued by the United States Department of Defense
(DOD) health care provider or a health care provider who is either
a United States Department of Veterans Affairs (VA) health care provider,
a DOD Tricare network authorized private health care provider, or
a DOD non-network Tricare authorized private health care provider
to verify that the service member is undergoing medical treatment,
recuperation, or therapy, or is otherwise in outpatient status, or
is on temporary military disability retired list for a serious injury
or illness.
K.
The
Director of Human Resources shall coordinate FMLA certifications and
procedures.
1.
Appointing Authorities shall forward to the Director of Human Resources
leave requests in excess of three (3) days or leave requests expected
to be greater than three (3) days if the employee requests an FMLA
designation or the Appointing Authority seeks to designate the leave
as FMLA. The Director of Human Resources shall be responsible for
the FMLA certification.
2.
When leave is foreseeable and at least thirty (30) days' notice has
been provided, the employee should provide the medical certification
before leave begins. Where this is not possible, employees will have
at least fifteen (15) calendar days to have the FMLA certification
form completed after the County requests such certification. The County
may deny the commencement of requested FMLA leave if the employee
fails to provide adequate or timely certification.
3.
Employees using intermittent or reduced schedule FMLA leave will
be required to get periodic recertification.
4.
The County may require a second (2nd) opinion at its own expense.
If the second (2nd) opinion does not resolve the issue, the County
may, at its own expense, require a third (3rd) opinion from a health
care provider designated or approved jointly by the employee and the
Director of Human Resources. The opinion of the third (3rd) health
care provider concerning the information certified shall be considered
final and shall be binding on the eligible employee and the County.
5.
The County may require that the eligible employee obtain subsequent
recertifications on a reasonable basis.
6.
An employee or Appointing Authority may appeal the decision of the
Director of Human Resources to the Director of Administration. The
decision of the Director of Administration shall be final.
7.
The County may require a fitness for duty certification to address
an employee's ability to perform essential job functions. The County
must provide a list of essential job functions no later than the "Designation
Notice" and specify that the fitness for duty certification must address
the ability to perform the essential job functions.
L.
Return From Leave. Upon return from FMLA leave, an employee
will be restored to the employee's original position or to an equivalent
position with equivalent pay, benefits and other terms and conditions
of employment.
1.
In limited circumstances, as provided by FMLA, the County may notify
certain "key" employees, who are among the highest ten percent (10%)
of salaried employees, of its intent to deny job restoration so as
to prevent substantial economic injury to the County's operations.
If FMLA leave has commenced, affected employees would be provided
a reasonable time in which to return to work.
[Ord. No. 96-13 Ch. 4 §8, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010; Ord.
No. 12-083 §8, 11-5-2012]
A.
Employees
who are injured or become ill as a result of the performance of their
duties must immediately report the situation to their immediate supervisor.
In the event of a potential life-threatening emergency, appropriate
medical assistance should be summoned using 9-1-1. In the absence
of a life-threatening emergency, the supervisor shall contact the
Risk Manager who shall arrange medical treatment through the County's
contracted Workers' Compensation medical care network providers. In
any instance where medical treatment is given, the network provider
must be notified. Employees who obtain unauthorized medical care shall
be liable for payment of any expenses that they incur.
B.
The
supervisor shall complete a "Report of Accident or Injury" within
twenty-four (24) hours of being notified of a work-related incident.
C.
Workers' Compensation Benefits.
1.
Injuries or illness sustained by employees arising out of the normal
performance of their duties shall be eligible for Workers' Compensation
benefits as specified by the State of Missouri.
2.
Accrued paid time off, leave from the paid sick leave bank, extended
medical leave or earned compensatory time may be utilized in the discretion
of the employees to supplement Workers' Compensation benefits. Employees
may not receive more than one hundred percent (100%) of their base
regular pay through use of paid leave plus Workers' Compensation benefits.
3.
The possession and/or use of alcoholic beverages or illegal drugs
while on the job is prohibited and may subject the employees to disciplinary
action. If an accident occurs while under the influence of alcoholic
beverages or illegal drugs, employees may not receive Workers' Compensation
benefits.
[Ord. No. 96-13 Ch. 4 §9, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord.
No. 01-125 §2, 10-31-2001; Ord. No. 10-009 §1, 1-27-2010; Ord.
No. 23-105, 12-18-2023]
A.
Except as set out in Subsection (E) below, a leave of absence without pay may be granted for up to thirty (30) days with the approval of the appointing authority or elected official and the Director of Human Resources. Only one (1) extension for an additional thirty (30) days may be granted by the appointing authority or elected official.
B.
Health,
dental, life and long-term disability insurance for employees on a
leave of absence without pay continue for a maximum of ninety (90)
days if the employees continue to pay their share of the cost, if
any. When the leave is extended, the benefits of employees may be
continued at their expense under Federal regulations.
C.
Written
requests for a leave of absence without pay must be submitted by the
employees, approved by the appointing authority or elected official
and given to the Human Resources Department if it is approved.
D.
If
employees are unable or unwilling to return to duty following an approved
leave of absence, a letter of resignation shall be submitted; otherwise,
the employees will be separated from County employment for "failure
to return to duty following a leave of absence".
E.
As set out in Section 115.250, any officer or employee of this County, who is a member of the National Guard or of any reserve component of the Armed Forces of the United States and who is engaged in the performance of duty in the service of the United States under competent orders for an extended and indefinite period of time, shall be entitled to leave of absence from his respective duties as a public officer or employee until such military service is completed.
[Ord. No. 96-13 Ch. 4 §10, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]
A.
Administrative
leave may be granted:
1.
In instances when it is in the County's best interest that the employees
be excused from duty (other than pending disciplinary action) and
other forms of paid leave are not appropriate. Such leave is granted
with the approval of the appointing authority or elected official
and the Director of Administration; and
2.
In instances when employees are sent by the appointing authority
or elected official for a medical determination as to their fitness
for duty.
B.
Secondary
Employment. Secondary employment is prohibited while on leave pursuant
to this section.
[Ord. No. 21-099, 12-20-2021]
[Ord. No. 98-245 §§1—6, 12-29-1998; Ord. No. 06-089 §1, 6-27-2006; Ord.
No. 08-091 §1, 8-1-2008; Ord. No. 10-009 §1, 1-27-2010; Ord.
No. 12-083 §9, 11-5-2012; Ord. No. 12-100 §7, 12-18-2012]
A.
Establishment Of The St. Charles County Employees Shared Leave Bank. The St. Charles County Employees Shared Leave Bank is hereby established.
The Shared Leave Bank shall collect donated leave hours and shall
award shared leave to employees in the form of extended medical leave
as outlined in this Section.
B.
Administration Of The Shared Leave Bank.
1.
The St. Charles County Employees Shared Leave Bank will be administered
by a Shared Leave Bank Committee. The Committee will be chaired by
the Director of Administration. The Director of Human Resources shall
be a permanent member of the Committee and shall provide administrative
and clerical support for the Committee. The County Executive shall
designate three (3) additional members who shall serve staggered three
(3) year terms.
2.
The Leave Bank Committee shall develop the necessary forms, systems,
and procedures to administer the Shared Leave program as set forth
in this Section.
3.
The Leave Bank Committee shall hold as confidential the identity
of those applying for shared leave and the details of their circumstances
unless waived in writing by the applicant. The identity of those who
designate donated leave shall also be confidential.
C.
Consideration Of Requests For Shared Leave. The Human Resources
Director shall review all applications for shared leave and make an
initial determination of eligibility. If the applicant meets the minimum
requirements, the Human Resources Director will make a recommendation
to the Director of Administration to call a meeting of the Shared
Leave Bank Committee. If the applicant does not meet the minimum requirements,
the Human Resources Director will communicate with the applicant regarding
his eligibility status after consulting with the Director of Administration.
The Shared Leave Bank Committee will consider all requests of eligible
applicants for shared leave under the terms of this Section and approve
or deny requests. Decisions of the Committee are not appealable.
D.
Donations Of Leave.
1.
Paid time off and/or accrued compensatory time may be donated to
the Shared Leave Bank and may be designated for a specific employee.
No accumulated sick leave from an employee's paid sick leave bank
or extended medical leave may be donated. The donor must complete
a form offering to donate leave. The application for shared leave
must be approved by the Committee or its designee prior to it being
deducted from the donor's balance.
[Ord. No. 14-128 §6, 12-15-2014]
2.
Notices requesting donations of leave for specific individuals may
be posted or distributed; however, personal solicitations of individuals
by other employees or elected officials are strictly prohibited. All
donations must be completely voluntary.
3.
Leave, once donated, cannot be returned to the donor, except in the
instance where a donation is made for a specific employee and the
employee does not request shared leave or the request is not approved.
In such cases the donation will not be accepted by the Leave Bank
Committee. If donations designated for a particular employee exceed
the amount of leave granted, the remaining hours may be added to the
leave bank or returned to the donors in pro rata share according to
the donor's preference.
4.
Employees may donate paid time off and accrued compensatory time
to the Employee Shared Leave Bank in accordance with the following
conditions:
a.
Employees must have at least two (2) weeks of accumulated paid time
off, extended medical leave or accrued paid sick leave bank (if the
employee has leave in their paid sick leave bank) in order to be eligible
to donate leave.
b.
Employees may donate leave at any time.
c.
The minimum donation is four (4) hours.
E.
Eligibility To Receive Shared Leave. In order to receive
shared leave from the St. Charles County Employees Shared Leave Bank,
the employee must satisfy the following conditions:
[Ord. No. 23-105, 12-18-2023]
1.
The employee must have completed his or her probationary period and
be eligible for extended medical leave.
2.
The employee must have a serious illness or injury or extraordinary
circumstance such as, but not limited to, military deployment which
is expected to result in a period of total disability of one (1) month
or longer or absence from work for thirty (30) consecutive days. Leave
may be awarded due to illness or injury to a family member if it is
determined that the extraordinary situation will have a substantial
economic impact on the employee or the employee's family. Family shall
consist of the employee's immediate family, i.e., spouse, children,
parents, or those in loco parentis.
3.
While an application to the leave bank may be made by the employee
or a designated representative when it becomes apparent that the employee
will not have sufficient leave to cover the anticipated absence, no
shared leave may be used until all of the employee's paid time off,
extended medical leave, accrued time in paid sick leave bank and all
accrued compensatory time have been exhausted.
4.
The employee must have a successful record of performance and a satisfactory
attendance record prior to the illness or injury. The Leave Bank Committee
shall consider performance evaluations, attendance records, and input
from the employee's appointing authority when considering requests
for shared leave.
5.
Shared leave cannot be used in conjunction with short-term disability.
6.
Shared leave may not be used once an employee has been off work for
ninety (90) calendar days.
7.
Shared leave shall not be used to supplement Workers' Compensation
payments. Shared leave may be used in conjunction with leave pursuant
to the Family Medical Leave Act.
8.
Employees whose medical condition is expected to prohibit their return
to duty for longer than ninety (90) days must agree, when required
by the appointing authority, prior to use of shared leave, to resign
their position with the understanding that the County may proceed
to fill the position and with the further understanding that, should
their medical condition improve to the point that they are able to
return to work, the County will rehire the employee into the first
(1st) available position in the same classification in the same department
if such position becomes available within twenty-four (24) months.
In such cases the employee may also be considered for other positions
or in other departments but there is no commitment that they will
be selected.
9.
The employee must submit appropriate physician statements which document
eligibility for shared leave.
10.
The Leave Committee may determine the amount of shared leave that
shall be authorized subject to any limitations included in this Section.
F.
Miscellaneous Provisions.
1.
Employees are encouraged to donate leave in care of a specific employee.
There is no prerequisite to have contributed to the leave bank in
the past in order to qualify to receive shared leave.
2.
Shared leave that is awarded but not used may be returned to the
donor(s) in pro rata share.
[Ord. No. 20-095, 12-21-2020]
3.
Employees do not earn paid time off or extended medical leave while
on shared leave, nor are they eligible for paid holidays.
4.
Employee insurance benefits continue while the employee is on shared
leave.
5.
An employee is not required to "pay back" shared leave which has
been used by them.
6.
There is no payout of any unused shared leave at the time of separation
from the County.
[Ord. No. 20-095, 12-21-2020]
