[Ord. No. 1844 §1, 11-21-2005]
The purpose of this policy is to set forth procedures and requirements
for a voluntary leave transfer program under which any unused accrued
annual leave of one (1) employee may be transferred for use by another
employee who needs such leave because of a medical emergency for him
or herself or a family member of the employee.
[Ord. No. 1844 §1, 11-21-2005; Ord. No. 2670 §2, 12-30-2013]
As used in this Article, the following terms shall have these
prescribed meanings:
Accrued or accumulated vacation leave of an employee.
The following relatives of the employee:
Accrued or accumulated vacation leave voluntarily donated
by an employee donor(s).
An employee who, in writing, voluntarily transfers his or
her annual vacation leave to the annual leave account.
An employee who makes written application and is approved
to receive annual leave from the annual leave account of one (1) or
more leave donor.
A medical condition of an employee or a family member of
an employee that is likely to require the employee's absence from
duty for a prolonged period of time and to result in a substantial
loss of income to the employee because of the unavailability of paid
leave.
[Ord. No. 1844 §1, 11-21-2005]
A.
The
employee shall make written application for family paid leave to his
or her direct departmental supervisor. If the employee is not capable
of making application on his or her own behalf, a personal representative
may make written application on the employee's behalf. Each application
shall contain the following information:
1.
The name, position and grade or pay level of the employee;
2.
The reason transferred leave is needed, including a brief description
of the nature, severity and anticipated duration of the medical emergency
and if the emergency is a recurring one, the approximate frequency
of the medical emergency affecting the potential leave recipient;
3.
Confirmation that the employee has exhausted all other leave time,
including time for sick leave, vacation, overtime compensation and
leave time from the health leave pool;
4.
Contact information where the employee may be reached, if different
from the information on file with the City Clerk, while using family
paid leave; and
5.
Any additional information that the departmental supervisor deems
necessary for the particular situation.
[Ord. No. 1844 §1, 11-21-2005]
A.
Within
ten (10) calendar days (excluding Saturdays, Sundays and legal holidays)
of receiving a completed application from an employee, the committee
of departmental supervisors will review the application to determine
that the employee is or has been affected by a medical emergency and
that the medical emergency will cause an absence from employment without
family paid leave (or is expected to cause an absence) of at least
twenty-four (24) hours for a full-time employee. In the case of a
part-time employee or an employee who works less than forty (40) hours
per week, at least thirty percent (30%) of the average number of hours
in the employee's biweekly work schedule.
B.
If
the employee is approved for family paid leave, the City Administrator
will notify him or her, within ten (10) calendar days (excluding Saturdays,
Sundays and legal holidays) of receiving a completed application from
an employee, that the application has been approved and that employee
donors may request that the transfer of annual leave be made to the
employee's (leave recipient's) account.
C.
If
the employee is not approved for family paid leave, the City Administrator
will notify him or her, within ten (10) calendar days (excluding Saturdays,
Sundays and legal holidays) of receiving a completed application from
an employee, that the application was not approved and provide reasons
for the disapproval. In the event of a denied application, the applicant
may appeal to the Board of Aldermen to review the decision made by
the committee of departmental supervisors and, if the Board of Aldermen
deems necessary, may override the decision by the departmental supervisors.
[Ord. No. 1844 §1, 11-21-2005]
A.
The
City Clerk will submit a written request for employee donors to donate
to a specific leave recipient. The donor may remain anonymous at his
or her request but the leave recipient shall be made known to the
potential donor, including information relating to the medical emergency
and the expected leave time. An employee may donate a specific number
of days of his or her accrued annual leave to the annual leave account
of a specific leave recipient.
[Ord. No. 1844 §1, 11-21-2005]
An employee is not eligible to apply for and receive family
paid leave until he or she has exhausted all other leave time, including
time for sick leave, vacation, overtime compensation and leave time
from the health leave pool, if applicable. However, once eligible,
the employee is not limited to the number of applications an employee
may submit during the calendar year.
[Ord. No. 1844 §1, 11-21-2005]
A leave recipient shall not directly or indirectly intimidate,
threaten or coerce or attempt to intimidate, threaten or coerce any
other employee for the purpose of interfering or influencing the employee
donor's right to donate or refrain from donating annual leave time
to the leave recipient. If the Board of Aldermen find, after an investigation,
that such coercion occurred, the leave recipient will forfeit his
or her right to receive leave under family paid leave and the employee's
application will be rejected.
[Ord. No. 1844 §1, 11-21-2005]
When the medical emergency affecting a leave recipient terminates,
any unused transferred annual leave remaining to the credit of the
leave recipient shall be stored in the family paid leave bank for
a future undetermined leave recipient. The committee of departmental
supervisors has the discretion to use any remaining donated days in
the best interest of employees who apply for family paid leave.
