Chapter 4.30
TYPES OF LEAVE

Sections:

4.30.005    Personal leave – Employees eligible.

4.30.007    Personal leave – Employees ineligible.

4.30.010    Personal leave – Full-time employee.

4.30.020    Personal leave – Part-time employee.

4.30.030    Personal leave – Temporary and on call employees.

4.30.040    Leave without pay absence during probationary status.

4.30.050    Changes in accrual rate.

4.30.060    Maximum accrual.

4.30.070    Use of leave mandatory.

4.30.080    Bereavement leave.

4.30.090    Absence without prior approval.

4.30.100    Personal leave donations.

4.30.120    Payment in lieu of leave.

4.30.130    Other leave.

4.30.140    Leave without pay.

4.30.150    Unauthorized absence.

4.30.160    Family and medical leave.

4.30.170    Duration of service member FMLA.

4.30.005 Personal leave – Employees eligible.

The following employees are eligible to accumulate personal leave:

A. Full-time employees at the accrual rate listed in PMC 4.30.010.

B. Part-time employees at the accrual rate listed in PMC 4.30.020. (Ord. 13-008 § 3, 2013)

4.30.007 Personal leave – Employees ineligible.

The following employees are ineligible to accumulate personal leave:

A. On call employees;

B. Temporary employees;

C. Seasonal employees;

D. Volunteer firefighters; and

E. Part-time employees working less than 20 hours per week. (Ord. 13-008 § 3, 2013)

4.30.010 Personal leave – Full-time employee.

A. Personal leave shall be earned only upon completion of each full pay period.

B. Full-time employees shall accumulate personal leave in accordance with the following schedule:

1. 7.07 hours per pay period for employees with less than two years of continuous full-time service;

2. 8.92 hours per pay period for employees with two years and less than five years of continuous full-time service;

3. 9.85 hours per pay period for employees with five years and less than 10 years of continuous full-time service; and

4. 11.69 hours per pay period for employees with 10 years or more of continuous full-time service.

C. Upon completion of 1,040 continuous full-time hours exclusive of overtime, full-time employees shall be credited with the accrual as provided in this section, retroactive to the date of hire to the current full-time position.

D. For the purposes of this section, continuous service means the total amount of hours served in a regular full-time position as defined in PMC 4.05.005(Y). (Ord. 13-008 § 4, 2013; Ord. 12-001 § 3, 2013)

4.30.020 Personal leave – Part-time employee.

A. Part-time employees shall accumulate personal leave at an equivalent ratio of hours worked.

B. Personal leave shall be earned only upon completion of each full pay period.

C. Part-time employees who work 20 or more hours a week will accrue personal leave at the rate of 50 percent of the full-time employee in accordance with the following schedule:

1. 3.53 hours per pay period for employees with less than two years of continuous part-time service;

2. 4.46 hours per pay period for employees with two years and less than five years of continuous part-time service;

3. 4.92 hours per pay period for employees with five years and less than 10 years of continuous part-time service; and

4. 5.84 hours per pay period for employees with 10 years or more of continuous part-time service.

D. Upon completion of 1,040 continuous part-time hours exclusive of overtime, part-time employees shall be credited with the accrual as provided in this section, retroactive to the date of hire to the current part-time position.

E. For the purposes of this section, continuous service means the total amount of hours served in a regular part-time position as defined in PMC 4.05.005(Z). (Ord. 13-008 § 4, 2013; Ord. 12-001 § 3, 2013)

4.30.030 Personal leave – Temporary and on call employees.

An employee hired for a temporary or on call position shall not accrue personal leave. (Ord. 12-001 § 3, 2013)

4.30.040 Leave without pay absence during probationary status.

In the event there is a leave without pay absence during the probationary status, the merit anniversary date of the employee shall be adjusted forward to account for such leave. (Ord. 12-001 § 3, 2013)

4.30.050 Changes in accrual rate.

Changes in the accrual rate shall take effect on the pay period immediately following eligibility for such change. (Ord. 12-001 § 3, 2013)

4.30.060 Maximum accrual.

Personal leave accrued, but not used, shall accumulate to a maximum of not more than 500 hours on January 1st of any calendar year.

A. Unused leave in excess of the maximum accumulation as of December 31st of any calendar year shall be forfeited unless a written request is submitted to the personnel officer no later than December 15th of each year requesting to cash in the excess personal leave.

B. Payment for accrued leave shall not exceed the monetary equivalent of 500 hours of such leave, plus accumulated leave since January 1st of the year in which termination occurs. While an employee is on probation, the personal leave has no cash value.

C. The salary rate used in computing the cash payment to be the employee’s current rate at the time of payment. (Ord. 12-001 § 3, 2013)

4.30.070 Use of leave mandatory.

A. Each full-time employee shall take at least 10 days or 80 hours of personal leave each calendar year.

1. It shall be the responsibility of the department director to ensure that each employee is given the opportunity to use this leave, scheduled in accordance with the department work load.

2. In the event the employee does not take 10 days or 80 hours of leave in the calendar year, the employee will lose the unused balance of the 80 hours of accrued leave.

B. Each full-time employee whose probationary status ends on the following dates shall take the mandatory prorated hours of personal leave as follows. An employee whose probationary status ends on:

1. January 31st, shall take 60 hours of mandatory personal leave;

2. February 28th, shall take 50 hours of mandatory personal leave;

3. March 31st, shall take 40 hours of mandatory personal leave;

4. April 30th, shall take 30 hours of mandatory personal leave;

5. May 31st, shall take 20 hours of mandatory personal leave;

6. June 30th, shall take 10 hours of mandatory personal leave;

7. July 31st through September 30th, shall take eight hours of mandatory personal leave;

8. October 1st through December 31st, shall not be required to take mandatory personal leave.

C. The department director may require that the employees apply for personal leave a reasonable length of time in advance of taking planned leave. The request for personal leave shall be approved or disapproved within 10 working days from date received. (Ord. 14-006 § 3, 2014; Ord. 12-001 § 3, 2013)

4.30.080 Bereavement leave.

A. Regardless of probation status, full-time employees will receive three days of paid bereavement leave for the death of an employee’s immediate family member (spouse, children, grandchildren, grandparents, mother, father, sister, or brother). For purposes of this section, in-laws are not included in the term “immediate family member.”

B. The employee shall provide appropriate documentation of death to the personnel officer. (Ord. 13-007 § 3, 2013; Ord. 12-001 § 3, 2013)

4.30.090 Absence without prior approval.

A. An employee absent using unplanned personal leave shall inform his or her immediate supervisor of such absence not less than one hour before duty time is to begin.

B. Failure to do so shall be cause for the time off to be charged as leave without pay.

C. Extreme circumstances will be considered on a case-by-case basis. (Ord. 12-001 § 3, 2013)

4.30.100 Personal leave donations.

A. Personal Leave Contributions. On a volunteer basis, an employee may contribute personal leave in an hourly dollar exchange to an employee who has encountered a long-term illness and is in need of personal leave.

B. Long-Term Illness Defined. A long-term illness is defined as a medical condition involving either the employee or the employee’s family member and:

1. Requires the employee to be absent from work for a prolonged period of two or more weeks; and

2. Results in a loss of income because of the employee’s lack of available accrued leave.

C. Requests for leave donations must be in writing.

1. To be considered a leave recipient, the employee shall submit a written request to human resources stating the reason why leave is needed.

D. Use of Donated Leave. The employee may only use donated leave for the purposes related to the medical condition for which the leave recipient was originally approved.

E. Employee Leave Donations.

1. The city’s leave donation form must be completed by the employee donating leave.

2. The form must be submitted to human resources.

3. The form will be approved or denied by the city manager.

4. Employees are prohibited from requesting leave donations from other employees.

F. Unused Donated Leave. All unused donated leave will be returned to the leave donor(s) when the employee returns to work or medical condition ends. (Ord. 17-004 § 3, 2017; Ord. 12-001 § 3, 2013)

4.30.120 Payment in lieu of leave.

A. Cash in lieu of accumulated personal leave may be obtained, under emergency conditions outlined in writing and approved by the city manager and finance director, so long as the employee shall retain at least 80 hours of annual leave following cash payment.

B. Cash in lieu of accumulated personal leave may be obtained, under nonemergency conditions outlined in writing and approved by the city manager and finance director, up to twice per calendar year, so long as the employee shall retain at least 80 hours of annual leave following cash payment. (Ord. 12-001 § 3, 2013)

4.30.130 Other leave.

A. Jury Duty Leave. The city will grant an employee administrative leave for jury duty. Fees paid by the court (other than travel and subsistence allowances) will be turned in for deposit to the city’s general fund.

B. Short-Term Military Leave with Pay.

1. A regular, full-time employee who has served with the city for six months or more immediately preceding an application for military leave and who is a member of the National Guard or a reserve component of the armed forces of the United States is entitled to a leave of absence from their duties for a period not exceeding 15 calendar days in any calendar year.

2. Such leave shall be granted without loss of time, pay, or benefits to which they are entitled.

3. Employees receiving short-term military leave pay shall tender pay received from the military.

4. Military leave with pay may be granted only when an employee receives bona fide orders to active or training duty for a temporary period and shall not be paid if the employee does not return to their position immediately following the expiration of the period for which they were ordered to duty.

5. Military leave with pay shall not be granted to employees entering the service for extended and indefinite period of active duty.

C. Extended Military Leave without Pay.

1. An employee serving in the Guard or Reserve who is called to active duty for an extended tour of duty is eligible for an extended military leave of absence, which may continue up to five years.

2. Upon return from active duty service, they shall return to a position in the same range as their last position at the salary step prevailing for such position without loss of seniority or employment rights.

3. If it is established that they are not physically qualified to perform the duties of their former position by reason of such service, he or she shall be reinstated in other work that they are able to perform at the nearest appropriate level of the pay of their former position.

4. Such employees shall make application for reinstatement within 45 days of discharge or return and shall report to work within three months following separation from active duty.

5. Failure to comply will terminate the extended military leave.

6. When an employee voluntarily reenlists or extends his or her period of military service, this military leave shall be deemed canceled.

7. This rule shall apply so long as it does not violate 38 USC 20212026 pertaining to reinstatement of city employees returning from active duty. Only to the extent necessary to comply with 38 USC 20212026, those provisions shall prevail over this rule. (Ord. 12-001 § 3, 2013)

4.30.140 Leave without pay.

A. Personal leave must be used prior to leave without pay. Leave without pay (other than that resulting from suspension without pay) cannot be granted until all personal leave has been used. Employees on approved personal leave who exhaust their leave balance will automatically be put on leave without pay.

B. Not to Exceed Five Working Days. Employees may be granted leave without pay by their department director in an amount not to exceed five working days in any calendar year providing it does not impair the effectiveness of the department.

C. Leave in Excess of Five Working Days. Leave without pay in excess of five working days must be approved by the manager with the recommendation of the personnel officer and an accompanying report and recommendation from the department director.

D. Health Insurance. Health insurance to the extent provided for other employees shall continue in effect during leave without pay (including that resulting from suspension without pay).

1. Leave Without Pay Not Related to Family Medical Leave Act. An employee on leave without pay, not related to the family medical leave, shall pay both the employer and employee share of the monthly health insurance premium at a pro-rated amount when the employee’s leave without pay exceeds two weeks;

2. Leave Without Pay Related to the Family Medical Leave Act. The city shall continue to pay the health insurance premium, for a period not to exceed 18 weeks, for an employee on approved family medical leave.

E. Leave and Holiday Accumulation.

1. Personal leave and holidays do not accumulate during leave without pay, unless the employee is on approved family medical leave.

2. Employees, other than those on approved family medical leave, returning to work immediately following leave without pay must work the day previous and following a holiday to qualify for holiday pay. (Ord. 14-007 § 3, 2014; Ord. 12-001 § 3, 2013)

4.30.150 Unauthorized absence.

Any absence not authorized and approved in accordance with the provisions of this title shall be without pay for the period of the absence and shall be grounds for disciplinary action. (Ord. 12-001 § 3, 2013)

4.30.160 Family and medical leave.

The Alaska Family Leave Act (AS 23.10.50023.10.550) and the Federal Family and Medical Leave Act of 1993 (Public Law 103-3) entitle employees to periods of leave for childbirth, adoption, to care for a close relative with a serious health condition, or if the employee is unable to perform his or her duties because of a serious health condition. This section is intended to comply with the requirements of those Acts. The terms used in this section have the meanings defined in those Acts. Family and medical leave is without pay.

A. Eligibility, Notice and Duration.

1. An employee is eligible to take Alaska family and medical leave if the employee has been employed by the city for at least 35 hours a week for at least six consecutive months or for at least 17.5 hours a week for at least 12 consecutive months immediately preceding the leave. Family and medical leave is available to probationary employees who meet the above criteria. Eligibility for family and medical leave is not gender-based and is available to both male and female employees.

2. An eligible employee shall be entitled to a total of 12 work weeks of leave within a 12-month period for one or more of the following:

a. Pregnancy and the birth of a child of the employee and in order to care for such child;

b. Placement of such child with the employee for adoption or foster care;

c. In order to care for the spouse, child, parent of the employee, or parent-in-law, if such spouse, child, or parent or parent-in-law has a serious health condition;

d. Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.

3. Extended Eligibility.

a. An employee shall be entitled to an additional six work weeks of leave within the same 12-month period due to reasons set out in subsections (A)(2)(a) and (b) of this section.

b. An employee shall be entitled to an additional six work weeks of leave within the 24-month period measured backwards from the date an employee uses family and medical leave due to the reasons set out in subsections (A)(2)(c) and (d) of this section.

4. Limitations on Eligibility. An employee’s eligibility for family and medical leave for birth or placement of a child of the employee expires 12 months after the birth or placement.

5. Where the need for family and medical leave is foreseeable based on an expected birth or placement of a child or for planned medical treatment, the employee shall provide the department director with not less than 30 days’ notice before the date the leave is to begin. However, if 30 days’ notice is not possible, the employee shall provide such notice as soon as practicable.

6. In the best interests of the city, the city manager may allow for an additional 90 days leave without pay upon a written prognosis from a physician licensed by the state of Alaska that the disability will not extend beyond this time period.

7. During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, employees must be restored to their original job or equivalent position with equivalent pay, and other employment terms.

8. Service member FMLA provides eligible employees unpaid leave for any one, or for a combination, of the following reasons:

a. “Qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forces in support of a contingency plan; and/or

b. To care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the armed forces; provided, that such injury or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating. (Ord. 12-001 § 3, 2013)

4.30.170 Duration of service member FMLA.

A. When leave is due to a “qualifying exigency” an eligible employee may take up to 12 workweeks of leave during any 12-month period.

B. When leave is to care for an injured or ill service member, an eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period.

Service member FMLA runs concurrent with other leave entitlements provided under federal, state and local law.

C. Certification.

1. An employee requesting family and medical leave shall provide to the personnel officer certification of the circumstances on which the request is being made, to include documentation of placement or adoption proceedings, the statement of a health care provider of the employee’s pregnancy, spouse’s pregnancy or a serious health condition of the employee or the employee’s spouse, child, or parent.

2. Prior to returning to work, an employee who has been on family and medical leave due to his or her own serious health condition shall present a certificate from the employee’s health care provider that the employee is released for duty.

D. Definition. A covered service member is:

1. A current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

2. A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

E. Measuring Period. The 12-month period during which an employee is eligible for family and medical leave shall be the “rolling” 12-month period measured backward from the date an employee begins any family and medical leave.

F. Coordination with Other Leave.

1. An employee requesting family and medical leave shall first exhaust accrued annual personal leave before utilizing leave without pay.

2. Injury leave due to a serious health condition is considered family and medical leave because of a serious health condition that makes the employee unable to perform the functions of his or her job and shall run concurrently with family and medical leave.

G. Health Insurance Benefit. Health insurance coverage for an employee on family and medical leave shall be maintained on the same basis as such coverage is available to an employee who is actively at work during the first 12 weeks of family and medical leave during the measuring period. An employee on extended family leave shall be eligible for such coverage only to the extent he or she pays for it, which shall be in the manner prescribed by the personnel officer.

H. Personal leave and holidays with pay will accumulate during family and medical leave.

I. Replacement of Employee on Family and Medical Leave. An employee on family and medical leave may be replaced by a temporary or substitute employee depending on the needs of the department and the duration of the family and medical leave. An employee shall resume his or her position upon completion of family and medical leave.

J. In the event that the employee is unable to work upon the expiration of the family and medical leave, such employee would be terminated without prejudice, subject to the discharge procedures in PMC 4.50.060 through 4.50.080.

K. In the event of disability discharge, the city will notify the employee of his or her right to extend health plan coverage. This notice will be in accordance with COBRA, the Consolidated Omnibus Budget Reconciliation Act of 1985. (Ord. 12-001 § 3, 2013)