1 Approved:
City of Riverside, California
Human Resources Policy and Procedure Manual __________________ Human Resources Director
______________________
City Manager
Number: V-6 Effective Date: 07/06
SUBJECT: GENERAL LEAVE OF ABSENCE WITHOUT PAY (GENERAL)
PURPOSE:
To provide uniform guidelines for management, supervisory, and other employees in requesting and approving/disapproving denying general leaves of absence without pay.
POLICY:
1. REQUESTING/GRANTING LEAVE
It is the policy of the City of Riverside to consider review requests foran employee's request for an unpaid leaves of absence on an individual case-by-case basis. Employee’s seeking unpaid leave of absence must submit a request I aIt is the responsibility of the employee to request the leave in writing through their immediate supervisor. The supervisor will review the request and forward the requestit to the Department Head for consideration. The request must sufficiently explain the purpose and anticipated duration of the leave request so that the City can determine whether the absence can be grantedaccommodated without disruption to operations. Approval of unpaid leave of absence such a request for leave is discretionary and not an employee entitlement (i.e., an employee is not entitled to such a leave of absence) unless entitled to under the law as part of a reasonable accommodation under the ADA, FEHA, or some other applicable laws. If a leave request qualifies under a protected category, the City will provide leave as required by law regardless of departmental operational impact.
Factors to be considered in the approval or denial of a request include, but are not limited to:
A. If leave is due to medical reasons, Tthe attending physician's medical appraisal evaluation concerning including any what work restrictions, if any, apply to the employee's current employment and the employee's ability to return to work;
B. The department’s operational needs and the ability of the department to continue functioning without thein the absence of the employee;
C. The employee's work history, including seniority, length of service, and quality of job performance;
2 D. The ability of the department to reasonably accommodate the employee's request by reassignment of duties or hiring of temporary or part-time employees; or
E. Any other job -related factor or consideration that would substantially affect impact the City's ability to operate safely and efficiently.
Number: V-6 Effective Date: 07/06
3 2. MEDICAL LEAVE OF ABSENCE WITHOUT PAY
Leave taken under the Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA), whether paid or unpaid, does not count toward the leave periods described in this section.
If an employee’s illness or injury requires a leave of absence beyond the 12 weeks provided under FMLA/CFRA, the City may, upon receipt of satisfactory medical certification, grant a general leave of absence without pay, provided the employee has exhausted all accrued paid leave, for up to 14 additional weeks.
Upon exhaustion of the 26 weeks of leave of absence without pay, an employee who continues to require leave may request an additional leave of absence without pay for up to 26 weeks, for a total leave of absence without pay not to exceed 52 weeks (one year ), subject to approval (see below) and continued medical certification.
The following is the level of approval required for the granting of unpaid leaves of absence:
A. Department Head or Designee- May approve requests for up to 4 weeks30-calendar- days, which includes prior leaves under other policies taken for the same reason.
B. Human Resources Director or Designee - May approve requests for up to 120- calendar-days17 weeks of leave. The 120-calendar-day period includes prior leaves under other policies taken for the same reason. For example, a Department Head may grant an employee a 30-calendar-day4-week leave, and the Human Resources Director may approve an additional 90-calendar-days13 weeks of leave, which would total 120 days of leave. 17 weeks of leave.
C. City Manager or Designee - May approve requests for up to one (1) year. The one year period includes the prior leaves taken for the same reason. For example, a Department Head may grant an employee a 30-calendar-day leave4 week leave; and the Human Resources Director may approve an additional 90-calendar-days of leave8 weeks of leave ; and the City Manager may grant an employee an additional 225 - calendar-days of leave35 weeks of leave; which would total 345365-calendar-days of leave or 52 weeks (i.e., one year).
Unpaid leave taken under the Family, Medical and/or Pregnancy Disability Leave policy shall be counted as time allotted under this policy.
Nothing in this section is intended to limit the City’s obligations under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA).
An employee who does not qualify for leave under state or federal law, or who has exhausted available leave under this or any other leave policy, may nonetheless be eligible for a reasonable accommodation, which may include additional unpaid leave, as required by law. Such requests will
be evaluated on a case-by-case basis through the interactive process under Policy III-7, Reasonable Accommodation for Disabled Applicants and Employees.
Number: V-6 Effective Date: 07/06
4 3. NON-MEDICAL LEAVE OF ABSENCE WITHOUT PAY
Unpaid leaves of absence requested for reasons other than medical are discretionary and subject
to approval in accordance with the levels outlined below. This section does not apply to leaves governed by FMLA, CFRA, ADA, or other applicable medical or legally protected leave laws.
Approving Authority Maximum Total Leave That May Be Approved Department Head or Designee Up to 4 weeks (cumulative)
Human Resources Director or Designee Up to 17 weeks (cumulative) City Manager or Designee Up to one (1) year or 52 weeks (cumulative)
The maximum leave periods outlined above are cumulative and include any prior unpaid leaves of
absence taken for the same reason, regardless of the approving authority.
24. BENEFITS COVERAGE DURING AN UNPAID LEAVE
A. During an approved unapaid leave, an employee will be retained on the City =’s medical and/or dental insurance coverage provided that the employee pays all premium costs. Failure of the employee to pay the medical and/or dental insurance premiums may result in loss of coverage. The City will cease to maintain the employee=’s medical and/or dental coverage if an employee =’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease.
An employee on unpaid leave will not continue to accrue sick leave and vacation leave unless required by State law. An employee=’s hire date and job entry date will not be adjusted as a result of the leave. The review date for merit salary increases shall be subject to adjustment for all non-work time of 20 working days or more, as set forth in the Fringe Benefit and Salary ResolutionPlan. An employee on leave for two (2) or more months will also be placed on a leave of absence with the Public Employee =s Retirement System (PERS).
B. Employees subject to a disciplinary action that results toin 30 days or more without pay will continue to retain the City's medical and/or dental insurance coverage provided that the employee continues to pay the employee portion of the medical and/or dental premium. Failure of the employee to pay the employee portion of the medical and/or dental insurance premium may result in loss of coverage. The City will cease to maintain the employee's medical and/or dental coverage if an employee's premium payment is more than thirty (30) days late.
Number: V-6 Effective Date: 07/06
5 35. UNION DUES
The employee is responsible for maintaining dues to the employee association, if required.
46. REINSTATEMENT
Employees returning from leave will be reinstated to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, unless the position ceases to exist because of legitimate business reasons unrelated to the leave. An employee returning to work from leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period. The City cannot guarantee that an employ ee will be returned to their original assignment. A determination as to whether a position is an “equivalent position” will be made by the City.
57. RETURN FROM LEAVE
An employee on leave is expected to return to work on the next work day following the approved leave period. If an employee wishes to return to work prior to the expiration of a leave, notification must be given to the employee ’=s supervisor at least five (5) working days prior to the employee=’s revised return date.
68. EXTENSION OF LEAVE
Employees may request an extension of their leave request in the same manner as the initial request. Leave requests may not exceed a combined total of one year under the various leave policies. Extensions beyond one year shall be evaluated on a case-by-case basis through the interactive process to determine if further leave constitutes a reasonable accommodation under FEHA/ADA without causing undue hardship to City operations.Exceptions may be made on a case -by-case basis in compliance with Americans with Disabilities Act (ADA) guidelines.
79. FAILURE TO RETURN FROM LEAVE
The failure of an employee to return to work upon the expiration of an authorized leave of absence will may subject the employee to disciplinary action up to and including termination for, among other things, job abandonment, pursuant to the City’s Policy III-1 Discipline.
PROCEDURE:
Responsibility Action
Employee 1. Informs the supervisor in writing as soon as it can be determined with reasonable certainty
the duration of any intended request for a
leave of absence. (No unpaid leaves of
absence shall be processed without the
receipt of a written request from the employee
Number: V-6 Effective Date: 07/06
6 or, if incapacitated, by an authorized
representative of the employee.)
2. Remits any insurance premiums due to the
City for maintaining health care or other
benefits; maintains dues to employee
association, if required.
3. Maintains union dues, if applicable.
4. Returns to work on the next work day following
the approved leave period. Provides
supervisor with release to full duty from
physician when the leave was taken for a
medical reason. When returning prior to
expiration of a leave, provides supervisor with
at least five (5) work days notice prior to the
return date.
Supervisor 5. Acts on requests for leave of absence without pay in accordance with the factors listed under
the policy guidelines.
6. Recommends to the department head
whether or not to grant the leave of absence.
7. Prepares and sends to Human Resources a
Personnel Action Form for an approved leave
and attaches appropriate documents.
8. Monitors, if applicable, leave of absence.
Ensures that the employee =’s time card is
coded appropriately.
9. Returns the employee to the same position, or
substantially similar position, or documents
why this is not possible and consults with the
Human Resources Director, or designee.
Department Head 10. Recommends, where appropriate and in conformance with this policy, a leave of
absence beyond thirty (30) calendar days for
approval/disapproval by the Human
Resources Director, City Manager, and/or City
Council.
11. Initiates, when employee does not return from
leave of absence and no additional leave is
requested from employee, a ANotice of Intent
Number: V-6 Effective Date: 07/06
7 to Take Disciplinary Action @ for job
abandonment; sends by regular and certified
mail; and forwards a copy to Human
Resources in accordance with the City’s
Policy III-1 Discipline.