Chapter 2.88


2.88.010    Leave without pay.

2.88.020    Active military duty.

2.88.030    Reserve military duty or training.

2.88.040    Emergency response leave.

2.88.050    Witness and jury duty leave.

2.88.060    Family medical leave.

2.88.010 Leave without pay.

A. All regular employees may be granted leave without pay upon application to, and at the discretion and approval of, his or her supervisor. Leave without pay for more than two days in any quarter or more than five days in a fiscal year shall require the manager’s approval.

B. An employee who is on leave without pay does not accrue personal leave, fringe benefits or other benefits of employment during the leave period. Employees may retain accrued personal leave while on leave without pay. Notwithstanding the provisions of this subsection, an employee who is on leave under the Family Medical Leave Act may be entitled to receive health benefits if required by federal or state law, and an employee on leave without pay may be entitled to health benefits pursuant to COBRA and according to the rules of the current insurer.

C. Leave without pay may affect other benefit programs which are provided to the employee. It shall be the employees’ responsibility to check with the appropriate authorities on possible benefit reductions.

D. An employee who fails to return from leave under this chapter within the scheduled time period shall be presumed to have resigned unless the employee has applied for and been granted leave without pay for an additional period. (Ord. 15-07-417 § 9)

2.88.020 Active military duty.

A regular borough employee who is a member of a reserve component of the United States Armed Forces or the National Guard who is appointed to fill a regular full-time or part-time position shall be entitled to military leave of absence without pay to serve in the Armed Forces of the United States and shall be entitled to the reemployment benefits granted under Section 9 of the Universal Military Training and Service Act, as amended, 50 U.S.C. Section 459. (Ord. 15-07-417 § 9. Formerly 2.88.030)

2.88.030 Reserve military duty or training.

A. A regular borough employee who is a member of a reserve component of the United States Armed Forces or the National Guard is entitled to a military leave of absence without loss of pay, time, or performance rating on all days during which the person is ordered to attend training duty (as distinguished from active duty), field exercises, or instruction. The military leave of absence may not exceed 16 and one-half working days in one calendar year.

B. A position made vacant by a military leave of absence of less than six months shall be filled only by temporary appointment. If the military leave of absence is for a period of six months or more, it may be filled by a substitute regular appointment.

C. The employee shall turn over to the borough for deposit all moneys received from the reserve component as compensation for service, up to the amount of the employee’s regular gross salary for the same period, and in turn shall be paid the employee’s current salary while on reserve military duty. (Ord. 15-07-417 § 9. Formerly 2.88.040)

2.88.040 Emergency response leave.

A regular employee who is also certified to provide emergency fire or medical response may be granted leave to provide such response outside of or beyond the borough volunteer fire or EMS jurisdiction. In such circumstances, the employee shall request, in advance if possible, emergency response leave from his or her immediate supervisor. The supervisor shall evaluate the employer’s needs and shall not unreasonably deny the request. Unless the employee chooses to use personal leave time, the leave taken under this section shall be leave without pay. (Ord. 15-07-417 § 9. Formerly 2.88.050)

2.88.050 Witness and jury duty leave.

A. A regular employee who is called to serve as juror or subpoenaed as a witness shall be entitled to court leave. The request for such leave shall be supported by written documents such as a subpoena, magistrate’s or other court official’s statement of attendance, and request for compensation for services, per diem and travel issued by other parties.

B. The employee shall turn over to the borough for deposit all moneys received from the court or other party as compensation for service, and in turn shall be paid the employee’s current salary while on court leave. (Ord. 15-07-417 § 9. Formerly 2.88.060)

2.88.060 Family medical leave.

A. Family Medical Leave Act (Federal). Qualified employees shall be entitled to coverage under the Family Medical Leave Act (FMLA).

1. Health insurance contributions will be made on behalf of qualified employees during the 12-week period of family leave (including periods of personal leave, or periods of leave without pay).

2. When taking leave under the FMLA, a qualified employee must exhaust all accrued paid leave including comp time before entering leave without pay.

3. When taking leave due to pregnancy, childbirth, foster care placement or adoption, the leave entitlement must be taken consecutively.

4. The 12-month period for utilizing leave entitlements shall commence with the first day the leave is taken under the FMLA.

5. Approved leave without pay taken under the provisions of the FMLA shall have the same effect as any other period of approved leave without pay on the employee’s terms and conditions of employment, except as provided otherwise in this section.

6. An employee may be required to recertify the qualifying reason for remaining on family leave.

7. An employee may be required to provide a fit-for-duty statement prior to returning to work.

B. Alaska Family Leave Act.

1. The Alaska Family Leave Act (AFMLA) also applies.

2. AFMLA leave is not cumulative with FMLA leave.

C. If leave provisions in this section are found to be in conflict with the FMLA or AFMLA, the FMLA or AFMLA entitlements shall prevail. (Ord. 15-07-417 § 9)