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Chapter 3.60
LEAVESections:
3.60.010 Policy.
3.60.020 Annual leave accrual.
3.60.030 Annual leave cash-out and donation.
3.60.040 Regular use of annual leave.
3.60.050 Sick leave.
3.60.060 Injury leave.
3.60.070 Court leave.
3.60.080 Uniformed service leave.
3.60.090 Funeral leave.
3.60.100 Emergency leave.
3.60.110 Leave without pay.
3.60.120 Unauthorized absences.
3.60.130 Family and/or medical leave of absence.
3.60.010 Policy.
Annual leave, sick leave, and other additional leaves are provided to city employees in accordance with this chapter and applicable law. Temporary and seasonal employees shall not accrue leave. All leave shall be earned and used on an hour-for-hour basis. [Ord. 05-15 § 2; Ord. 96-10 § 8; Ord. 202 § 3.151, 1992.]
3.60.020 Annual leave accrual.
A. Rate.
1. Regular, full-time employees shall accrue annual leave at the following rates:
12 hours per month = 0 through 2 years of service
14 hours per month = 2 years + 1 day through 5 years of service
16 hours per month = 5 years + 1 day through 10 years of service
18 hours per month = 10 years + 1 day through 15 years of service
20 hours per month = 15 years + 1 day through 20 years of service
22 hours per month = 20+ years of service
2. Regular, part-time employees shall accrue annual leave at the following rates:
6 hours per month = 0 through 2 years of service
8 hours per month = 2 years + 1 day through 5 years of service
10 hours per month = 5 years + 1 day through 10 years of service
12 hours per month = 10 years + 1 day through 15 years of service
14 hours per month = 15 years + 1 day through 20 years of service
16 hours per month = 20+ years of service
B. Annual Leave Accrual. Leave accrues during the period of time an employee is on paid leave. Such additional accrual shall be canceled if the employee fails to resume duty on completion of his/her authorized leave. Leave does not accrue during periods of injury leave or leave without pay.
C. Annual Leave Accrual Limits. Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve; however, on December thirty-first (31st) of any year an employee may not have more than four hundred (400) hours’ leave to his/her credit
D. Annual Cash-Out Upon Termination. Accrued and unused annual leave shall be paid to a terminated employee within the time periods required under state law. Accrued annual leave will be paid upon termination only to those persons who have been continuously employed by the city for a minimum of six (6) months. Employees may not be kept on leave status to “run out” their annual leave after termination. [Ord. 05-15 § 2; Amd. 3 to Ord. 202; Ord. 202 § 3.152, 1992.]
3.60.030 Annual leave cash-out and donation.
A. Emergency Cash-Out. Cash-out in lieu of accrued annual leave may be obtained under emergency conditions outlined in writing and approved by the city manager, provided the employee retains at least eighty (80) hours of annual leave in his or her annual leave account following cash payment. “Emergency” is defined as a critical situation over which the employee has no control.
B. Donation of Leave. Requests for permission to donate annual leave to a fellow employee shall be approved only for serious medical problems, hardship or some truly exceptional emergency. Each employee may donate any amount of annual leave, up to forty (40) hours, with the prior approval of the city manager.
C. Advance Leave Pay. The finance director’s office shall provide for advance leave pay when the request is submitted in writing two (2) weeks in advance of the scheduled leave period and is approved by the city manager. [Ord. 05-15 § 2; Ord. 202 § 3.153, 1992.]
3.60.040 Regular use of annual leave.
A. Employees shall be allowed to use any amount of accrued leave at the time they desire that will not be detrimental to department operations, as determined by the city manager. Leave shall be used on an hour-for-hour basis.
B. At least forty (40) hours of leave must be taken each year by December thirty-first (31st), with the exception that this limitation shall not apply to new employees until the second (2nd) December thirty-first (31st) following their date of hire. [Ord. 05-15 § 2; Ord. 202 § 3.154, 1992.]
3.60.050 Sick leave.
A. Sick Leave Accrual. Sick leave shall accrue at the rate of eight (8) hours per month of service.
B. Sick Leave Accrual Limits. Sick leave can be accumulated up to a maximum of seven hundred twenty (720) hours.
C. Use.
1. Use of Sick Leave. An employee eligible for sick leave with pay may use such sick leave for absence due to illness, injury, exposure to contagious disease that requires quarantine, or due to illness or death in the employee’s immediate family requiring the employee’s personal attendance. Doctor, dental, and appointments with other licensed health care providers shall be included as cause for sick leave. An employee who wishes to use sick leave must inform the city manager in advance of taking the leave, or as soon as possible after the employee or an immediate family member becomes ill. Failure to inform the city manager of the need to use sick leave may be grounds for discipline, up to and including dismissal. Compensation for sick leave shall be paid when leave is used. Advance compensation for sick leave shall not be paid unless approved in advance by the city manager.
2. Licensed Health Care Provider’s Certificate. When an employee’s absence is for more than three (3) consecutive working days, he or she shall provide certification from the employee’s or immediate family member’s licensed health care provider indicating the reason for the absence. The city manager may require a licensed health care provider’s certificate at any time before approving sick leave with pay; such certification shall be provided in advance of taking sick leave, unless the health care provider certifies that such advance notice was not possible. A certificate shall be transmitted to the personnel office for entry into the employee’s records.
E. Sick Leave Use Upon Termination.
1. Employees with eleven (11) years plus one (1) day or more of continuous employment with the city of Bethel shall be paid all accumulated sick leave up to a maximum of seven hundred twenty (720) hours at the employee’s regular rate or pay when the employee is terminated. Sick leave shall not be paid upon termination to employees with eleven (11) years or less of continuous employment with the city.
2. Employees returning to work from an unauthorized leave shall not be rehired. [Ord. 05-15 § 2; Ord. 202 § 3.156, 1992.]
3.60.060 Injury leave.
A. Employees injured on the job are entitled to compensation and benefits in accordance with the Alaska Workers Compensation Act. An employee shall make a complete report of the injury to the Alaska Department of Labor through the personnel office. The employee shall cooperate with the personnel office to prepare and submit all forms and information related to the employee that the personnel office or the city’s workers’ compensation insurance carrier may request.
B. Employees may not use annual leave while on injury leave.
C. In the event that an employee is unable to return to work, he or she will be eligible for benefits provided for in the city’s long-term disability program, if any. While participating in such program, the employee shall not accrue sick and/or annual leave benefits. The employee may, however, participate in the city’s group insurance programs provided he or she meets the responsibilities under the COBRA Act and the city’s insurance program. [Ord. 05-15 § 2; Ord. 202 § 3.157, 1992.]
3.60.070 Court leave.
A. Employees called for jury duty shall be treated as being on approved leave without loss of longevity, leave or pay. Service in court when subpoenaed as a witness shall be treated the same as jury duty. Fees paid by the court, other than those for an employee’s appearance at any time outside the employee’s regularly scheduled shift, for travel, parking and subsistence allowances, shall be returned to the city.
B. An employee shall provide the city manager with a copy of a notice to call for jury duty immediately upon receipt by the employee. When excused or released from jury duty for the day, the employee shall return to work immediately, allowing for delay for the period of time reasonably necessary to travel to and from home to change into work clothing. [Ord. 05-15 § 2; Ord. 202 § 3.158, 1992.]
3.60.080 Uniformed service leave.
Uniformed service leave shall be granted as required by law. [Ord. 05-15 § 2; Ord. 202 § 3.159, 1992.]
3.60.090 Funeral leave.
Each full-time employee shall be eligible for one (1) working day of leave for each funeral of a member of his or her immediate family attended. Such leave shall not be deducted from the employee’s leave account. [Ord. 05-15 § 2; Ord. 202 § 3.159, 1992.]
3.60.100 Emergency leave.
The city manager may approve paid emergency leave to employees not to exceed forty (40) hours at any one (1) time when critical illness or death has occurred in the employee’s immediate family. [Ord. 05-15 § 2; Ord. 202 § 3.1511, 1992.]
3.60.110 Leave without pay.
A. An employee may receive up to three (3) months leave without pay if the city manager approves it. Such leave shall only be granted after an employee has exhausted annual leave and any other available leave that will cover the intended purpose of the leave without pay. The granting of such leave is within the sole and exclusive discretion of the city manager. It shall not be granted if the employee’s absence will hamper provision of city services or operations.
B. An employee shall request leave without pay provided for in this section in writing at least three (3) months before the employee’s leave would commence. The request shall be made to the city manager. The time frame for requesting leave without pay under this section may be waived by the city manager, in his or her sole discretion.
C. During the employee’s leave without pay, the vacant position may be filled by a substitute appointment, temporary promotion, temporary re-assignment or temporary employee. Upon expiration of the approved leave, the employee shall be reinstated to the same position he or she previously filled.
Sick leave and annual leave benefits shall not accrue during an absence of leave without pay provided under this section; nor will the city make any contributions during that period for retirement, health, dental, or life insurance benefits. However, the employee may elect to continue health or dental insurance during the period of leave without pay provided under this section if the employee deposits with the city the amounts necessary to cover the total cost of premiums. [Ord. 05-15 § 2; Ord. 96-10 § 9 [3.1512].]
3.60.120 Unauthorized absences.
An employee who plans to take leave shall notify the city in advance of the leave as provided for in this chapter. If an employee will be absent from work for any reason and has not previously notified the city in accordance with the notification provisions of this chapter, the employee shall notify the city manager at least ten (10) minutes prior to the start of the employee’s shift. Any unauthorized absence is grounds for discipline, up to and including dismissal. [Ord. 05-15 § 2; Ord. 202 § 3.1513, 1992.]
3.60.130 Family and/or medical leave of absence.
A. Policy. The following conditions apply to instances when an employee requests time off for family and medical leaves of absence for a limited period with job protection and no loss of accumulated service provided the employee returns to work. It is the intent of the city to grant family and medical leave consistent with both the Federal Family and Medical Leave Act of 1993 (“FMLA”) and the provisions of AS 23.10.500 through 23.10.550, whichever provides greater rights. Provided, however, that if an employee qualifies under only one (1) of the Acts, the employee shall be entitled to receive only the benefits of the Act under which the employee qualifies.
B. Definition of Family and Medical Leave. A family and/or medical leave of absence shall be defined as an approved absence available to eligible employees for up to eighteen (18) weeks of unpaid leave per year under particular circumstances that are critical to the life of a family. Leave may be taken: upon the birth of the employee’s child; upon the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the functions of his or her position because of a serious health condition. If a parent or child of two (2) employees has a serious health condition, the city is not required to grant family leave to both employees simultaneously.
C. Scope of Family and Medical Leave. The provisions of this policy shall apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefits plans or policies for any part of the eighteen (18) weeks of leave to which the employee may be entitled under this policy. In other words, if an employee is entitled to paid leave under another benefit plan or policy, the employee must take the paid leave first (1st). Subject to the provisions of subsection (G)(1) of this section, the city may require an employee to pay all or part of the costs of maintaining health insurance coverage during a period of unpaid leave.
D. Eligibility for Family and Medical Leave. To be eligible for leave under AS 23.10.500 through 23.10.550, an employee must have been employed for at least thirty-five (35) hours a week for six (6) consecutive months or at least seventeen and one-half (17 1/2) hours a week for twelve (12) consecutive months preceding the commencement of the leave. To be eligible for leave under FMLA, an employee must have been employed for one thousand two hundred fifty (1,250) hours in any twelve- (12-) month period.
E. Basic Regulations and Conditions of Family and Medical Leave.
1. The city will require medical certification to support a claim for leave for an employee’s own serious health condition or to care for a seriously ill child, spouse or parent. For the employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position. For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. In its discretion, the city may require a second (2nd) medical opinion and periodic recertifications at its own expense. If the first (1st) and second (2nd) opinions differ, the city, at its own expense, may require the binding opinion of a third (3rd) health care provider, approved jointly by the city and the employee.
2. If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the city may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule; provided, that the position has equivalent pay and benefits.
3. Spouses who are both employed by the city are entitled to a total of eighteen (18) weeks of leave (rather than eighteen (18) weeks each) for the birth or adoption of a child or for the care of a sick parent.
F. Notification and Reporting Requirements for Family and Medical Leave. When the need for leave is foreseeable, such as the birth or adoption of a child or planned medical treatment, the employee must provide reasonable prior notice and make efforts to schedule leave so as not to disrupt city operations. In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.
G. Status of Employee Benefits During Family and Medical Leave of Absence.
1. During the first (1st) twelve (12) weeks of family leave, the city must maintain the employee’s coverage under any group health plan on the same conditions and at the same level as coverage would have been provided if the employee had been continuously employed during the entire leave period. However, the city may require an employee to pay all or part of the costs of maintaining health insurance coverage during any additional periods of unpaid leave. If an employee fails to return to work after family leave entitlement has been exhausted, or expires, the city may recover allowable premiums from the employee unless the reason he/she is not returning is because:
a. Of medical conditions which entitle the employee to family leave;
b. Other circumstances beyond the employee’s control as identified in 29 CFR 825.213.
2. Any employee who is granted an approved leave of absence under this policy is advised to provide for the retention of his or her group insurance coverages by arranging to pay the premium contributions during the period of unpaid absence.
3. In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the city may recover from the employee the cost of any payments made to maintain the employee’s coverage, unless the failure to return to work was for reasons beyond the employee’s control. Benefit entitlements based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence.
H. Procedures of Requesting Family and Medical Leave.
1. Completion of Request for Family and Medical Leave of Absence Form. A request for family and medical leave of absence form must be originated in duplicate by the employee. This form should be completed in detail, signed by the employee, submitted to the personnel office for proper approvals, and forwarded to the city manager. If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave.
2. All requests for family and medical leaves of absence due to illness will include the following information attached to a completed request for family and medical leave of absence: sufficient medical certification stating (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the appropriate medical facts within the knowledge of the health care provider regarding the condition. In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care. For purposes of leave for an employee’s illness, the certificate must state that the employee is unable to perform the functions of his or her position. In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.
I. Employee Status After Leave. An eligible employee who takes family leave for the intended purpose of family leave shall be entitled on return from such leave:
1. To be restored to the position of employment held by the employee when the leave commenced; or
2. To be restored to an equivalent position with equivalent employment benefits, pay and other conditions of employment.
J. Intermittent Leave or a Reduced Work Schedule. An employee may take family medical leave or medical leave intermittently if necessary. When the need for intermittent leave is foreseeable, the employee must give notice to the city thirty (30) days in advance of the time the leave is to begin. If the employee cannot give thirty (30) days’ notice, he/she must give notice as soon as practicable. When an employee takes intermittent leave for family or medical leave purposes, the city may require the employee to show that the intermittent leave was medically necessary. The employee can be required to produce a health care provider certification showing that the intermittent absences are a part of, or may result from, the treatment the employee is receiving for a serious health condition. The city has the right to require the employee to recertify the medical necessity of the leave, which ordinarily will not be required more frequently than every thirty (30) days. However, if the city receives information that casts doubt on the validity of the certification, the city may require recertification on a more frequent basis. If the city for some reason suspects that the employee’s doctor has misdiagnosed the condition or is fraudulently certifying the need for leave, the city has the right to have a doctor of its choosing examine the employee. The city will pay for the second (2nd) examination and it will not be performed by a doctor who is employed on a regular basis by the city. The city will not contact the employee’s doctor to verify the legitimacy of the certification. If the opinion of the doctor selected by the city differs from that of the employee’s doctor, the city may require a third (3rd) examination, at its expense, to be performed by a doctor designated or approved jointly by the city and the employee. The city may transfer an employee who must take intermittent leave to a position that better accommodates intermittent absences. The position must provide the employee with equivalent pay and benefits, but the position need not have equivalent duties. [Ord. 05-15 § 2; Ord. 96-10 § 10 [3.1514].]
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