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MUNICIPAL ORDER NO. 564
A MUNICIPAL ORDER ESTABLISHING A LEAVE OF ABSENCE
WITHOUT PAY POLICY FOR THE CITY OF PADUCAH
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
f SECTION 1. General.
A. An re for a
Any request q leave of absence without pay
exceeding fourteen (14) calendar days shall be submitted in
writing by the employee to the employee's department head at
least ten (10) working days in advance of the date on which
the leave is requested to begin. The request shall state
the reason the leave of absence is being requested and the
approximate length of time the employee desires. Employees
must exhaust all vacation time before they shall be eligible
for a leave of absence except in the case of a disability
leave as noted in Section 4B and Section 5. The authori-
zation of a leave of absence without pay is a matter of
administrative discretion.
`n B. Authorization or denial of a leave of absence
without pay exceeding fourteen (14) days shall be furnished
to the employee in writing.
C. An employee may return to work prior to the
expiration date of any approved leave of absence without pay
if requested by the employee and approved by the City Mana-
ger. Upon completion of a leave of absence without pay, the
employee shall be returned to the position formerly occu-
pied, or to a similar position if the employee's former
position has been abolished.
D. An employee on leave of absence without pay
does not earn sick leave, vacation credit, retirement
service credit or holiday pay. However, the first thirty
(30) calendar days spent on authorized leave of absence
without pay is counted in determining length of service for
purpose of vacation eligibility and other purposes where
tenure or seniority is a factor.
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E. Group health and life insurance benefits.
(a) Group health and life insurance benefits
shall be paid by the City only for employees
on leave of absence without pay due to occu-
pational injury or disease. All other em-
ployees on leave of absence without pay
wishing to maintain group health and/or life
insurance benefits shall be required to pay
to the City Treasurer the entire cost of said
benefits following the first thirty (30) days
spent on authorized leave of absence. Said
payments shall be made prior to the 23rd of
each month for the next succeeding month's
benefits.
F. Any employee who fails to return to duty after
a leave of absence without pay, or who is absent from duty
without prior approval of the City, shall be considered
absent without leave and subject to disciplinary action up
to and including dismissal.
G. If a leave of absence without pay is granted
for a specific purpose and it is found that the leave is not
actually being used for such purpose, the City Manager may
cancel the leave and provide the employee with written
notice to return to work within five (5) working days. Any
employee found guilty of abuse of leave of absence without
�i
pay shall be subject to disciplinary action for falsifica-
tion of the request for such leave.
H. All leaves of absence without pay exceeding
fourteen (14) calendar days are to be submitted on a "Leave
of Absence Request" form, with supporting documentation
attached.
istrative.
SECTION 2. Leave of absence without pay - admin-
A leave of absence without pay may be granted for
any reasonable purpose by employee's department head for a
period not to exceed fourteen (14) calendar days and by the
City Manager for a period not to exceed one hundred eighty
(180) calendar days. Such leaves may be extended or renewed
for a reasonable period. Reasonable purpose, in each case,
shall be determined by the City and shall be applied in a
consistent manner, providing, however, in no case shall a
leave of absence without pay exceed one (1) year.
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SECTION 3. Leave of absence without pay -
parental leave.
A. An employee may, at the discretion of the City
Manager, be granted a leave of absence without pay for the
purpose of child care. All requests for leave of absence
without pay for the purpose of child care shall be without
regard to the sex of the employee. An adopting parent's
request for leave of absence for the purpose of child care
shall be considered on the same basis as that of a biologi-
cal parent under similar circumstances.
B. Sick leave shall be deducted for the first
five (5) days for care of the employee's spouse and family
during the post -natal period. Sick leave shall be limited
to a maximum period of five (5) working days, except under
extenuating circumstances as verified by a licensed physi-
cian. A working day shall be equal to twelve (12) hours in
the case of the uniformed Fire Department personnel assigned
to a platoon. Any additional days must be applied for under
leave of absence without pay.
SECTION 4. Leave of absence without pay - dis-
ability leave for off -the -job injury or illness.
A. When an employee becomes physically or men-
tally unable to perform the material and substantial duties
of the employee's position, but is still able to perform the
duties of a vacant, lower level position, the employee may
voluntarily request reduction to the lower level position.
Such request shall be in writing, stating the reasons for
the request, and submitted to the City Manager. Voluntary
reductions are a matter of administrative discretion and
will only be permitted when such reduction is in the best
interest of the City and the employee.
B. A disability leave without pay may be granted
for off -the -job injuries, or illnesses, when an employee has
exhausted all accumulated sick leave, and is:
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(a) Hospitalized or institutionalized, or on a
period of convalescence following hospital-
ization or institutionalization as authorized
by a licensed physician at a hospital or
institution; or
(b) Is declared physically or mentally incapable
of performing the material and substantial ''L
duties of his position by a licensed physi-
cian, either selected by the employee or
designated by the City. The City may desig-
nate the physician when the City has reason
to believe that the employee is unable or un-
willing to admit his incapacity. If the City
designates the physician the cost shall be
paid by the City.
(c) Is declared incapacitated for the performance
of the duties of the employee's position by a
licensed physician due to a non -occupational
illness or injury.
(d) A female employee for maternity purposes when
the employee can no longer perform the sub-
stantial duties of her position until the
employee is medically able to work as veri-
fied by a physician's statement.
C. Vacation days need not be exhausted before
becoming eligible for a disability leave of absence without
pay.
D. Any appointment made to a position vacated by
an employee on a disability leave without pay will be on an
interim basis, and such appointed employee must be fully
aware of its interim nature. Should the employee returning i
from disability leave without pay be reinstated to another
position, the interim appointment may be made permanent
provided said appointment can be made permanent under the
civil service ordinances, if applicable.
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E. A disability leave without pay shall be for a
maximum of six (6) months, but may be renewed three (3)
times for additional periods not to exceed six (6) months
upon the written request of the employee to the City Mana-
ger, accompanied by supporting medical evidence from a
Imo, licensed physician. Said evidence shall include a statement
I
from the physician that it is likely that the employee will
be able to return to his duties with the City during said
additional periods within two (2) years from date of initial
disability. Such employee may be reinstated to the same or
similar position within thirty (30) days after making writ-
ten application and passing a medical examination showing
they are fully qualified to perform the duties of the posi-
tion. The City may request a second opinion from another
licensed physician to confirm the initial examination re-
sults. If the initial and second opinions are in disagree-
ment, then the City may request a third opinion. If an
rr examination is conducted by a licensed physician designated
by the City, its costs shall be paid by the City. If the
employee is unable to return to his duties at the expiration
of the leave of absence without pay, the employee shall be
separated from employment.
F. An employee who does not return from disabil-
ity leave without pay, upon expiration of the authorized
leave, shall be separated from employment.
G. Employees who are on disability leave without
pay for a period in excess of two (2) years from the date of
initial disability shall be separated from employment.
SECTION 5. Leave of absence without pay -
disability leave for on-the-job injury or illness.
II , A. When an employee becomes physically or men-
tally unable to perform the material and substantial duties
of the employee's position, but is still able to perform the
duties of a vacant, lower level position, the employee may
voluntarily request reduction to the lower level position.
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350
Such request shall be in writing, stating the reason for the
request, and submitted to the City Manager. Voluntary
reductions are a matter of administrative discretion and
will only be permitted when such reduction is in the best
interest of the City and the employee.
B. A disability leave without pay shall be
granted for on-the-job injuries, or illnesses, when an
employee is declared incapacitated for the performance of
the employee's position by a licensed physician selected by
the employee or designated by the City. If the City desig-
nates the physician the cost shall be paid by the City.
Leave shall begin the initial day of the on-the-job injury
or illness.
C. A disability leave without pay shall be for a
maximum of six (6) months, but may be renewed three (3)
times for additional periods not to exceed six (6) months
upon the written request of the employee to the City Manager
and verified by a licensed physician. Such employees shall
be reinstated to the same or similar position within thirty 01
(30) days after making written application and showing an
opinion from a licensed physician that they are fully quali-
fied to perform their regular work duties. Additional exami-
nations may be required by the City as noted in Section 4E.
D. While on leave of absence without pay for
occupational injury or illness, an employee may be paid in
accordance with Paragraph (d) or (d.1) of Section 2-22 of
Article II of the Paducah Code of Ordinances.
E. Any appointment made to a position vacated by
an employee on leave of absence for occupational injury or
illness will be on a interim
basis,
and such appointed
employee must be fully aware
of its
interim nature. Should
the employee returning from
leave be
reinstated to another
position, the interim appointment may be made permanent
under the Civil Service Ordinances, if applicable.
F. At the expiration of an approved disability
leave, an employee will be separated from employment if the
351
employee is unable to return to his regular duties unless
the employee is granted an extension of leave by the City
Manager. Any request for additional leave shall be in
writing and accompanied by supporting medical evidence from
a licensed physician. Said evidence shall include a state-
ment from the physician that it is likely that the employee
will be able to return to his duties with the City during
said additional periods. Additional examination may be
requested by the City as noted in Section 4E. In no case
shall leave be granted in excess of two (2) years from the
date of initial disability.
G. An employee on approved disability leave under
this section earns sick, vacation, holiday leave and
retirement service credit, but only while receiving regular
worker's compensation benefit payments. Group health and
life insurance benefits are paid by the City for the
duration of approved leave.
SECTION 6. Existing employees.
L Employees who are presently off work as a result
of an on-the-job or off -the -job injury or illness shall be
notified of the adoption of this Municipal Order and shall
have thirty (30) calendar days from receipt of such notice
to apply for a disability leave of absence. If an employee
has been off work in excess of two (2) years from the date
of initial disability, such employee may file for reinstate-
ment to the same or similar position the employee formerly
held with the City within thirty (30) calendar days, sub-
mitting a physical medical examination showing that the
employee is fully qualified to perform the regular work
duties of the employee's position. Additional examination
may be required by the City, as explained in Section 4E. If
the employee is unable to return to duty or fails to file
for reinstatement, the employee shall be terminated from
employment with the City.
SECTION 7. The policies set forth and adopted
herein supersede all previous written and unwritten City
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personnel policies regarding leave of absence without pay.
Any time the policies set forth herein call for separation
from employment with the City, they shall mean for members
covered by civil service to file charges with the Civil
Service Commission, and for members of the Police Department
and/or Fire Department to file charges provided in the
ordinances
and applicable statutes. In the event there is a
conflict between the policies set forth here and any appli-
cable laws, the applicable law will prevail. In the event
there is a conflict between the policies and specific provi-
sions of a collective bargaining agreement, the applicable
collective bargaining provisions shall prevail. Questions
regarding the interpretation and application of these poli-
cies shall be directed to each employee's supervisor, who
will seek clarification through the City Manager.
The contents of this policy are presented as a
matter of information only. While the City believes whole-
heartedly in the policies described herein, they do not
constitute contractual obligations.
SECTION 8. This Order shall be in full force and
effect from and after the date of its adoption.
GERRY B. MONTGOMERY
Mayor
Introduced by the Board of Commissioners October 24, 1989
Tabled by the Board of Commissioners October 24, 1989
Reintroduced and adopted by the Board of Commissioners
June 12, 1990
Recorded by Lenita Smith, City Clerk, June 12, 1990
\mo/leave