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HomeMy WebLinkAboutMO # 564345 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. nla�Jiml 4.�,»-�.,d,«,w „»��.a a.l � I•, c�—.i1"_. —i .__s�,r-+IL ..-.J _�•J:<��a�l�::�al ..�.__u�_I�ru.iu�uWJl�.m:�m. Lri,r�� �.:_ l �. -i. 346 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. 347 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: .., I_a.,, 1 i ,i..:!A I 1 11..;.T,:. T .;.i,_—F--—r4�r-. �a�r— .._...... I—­-U-­�,, .. �..... „«..�.� � ,.. :«.F�»..�ro.xNl�Fm,,.+m«. «Le.mak.-«,+� B � -,I ;re.�,+_�. r�_L�— - •- ��-u.11. _-�'=r-<' J1 . 1.: Lll:��.l� �_JilL4.^ �cuh�u� hliL�enw.i��wn�� �iu.�w � � � v .:Yt , '� �.w �.wm:var n ,mn.�� M (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. 349 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. �.„„1.�„„mwlN'mh1�,�,,.. ,..-L�.«I «I-� IW. .-I .... .:=._1-; ����_� __rsa11�_� ��JJ,�.��L_. �_U•—�J .el ...-• I-..,,,. LmLLiN�7.imw�:.�c 11n.i::.L �� a :�,tt ..�.1� 1 _ mss.. �_ ��wi.r . 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 ,,,:19"flnr.,,,r,. "fir l,.,T.. .I ...F a-,-: , i ncn II P fir 1 ,::,-::... 711,,. "r,,r' .,. -11,xr.: -F-1-r-IMlTra.-"-71,F,�' T"— a.. , . JT . ­—F --T- «•-.� .-r 352 ..,_—,—: __�,—=:L-11— ,_..,,. - ,. L_�: _�.��_:_W _l`�JuL:=iruu �u •.�.., nW :l�u��..uzs._._:.uJi..L.�� __� _..L _.u.�..:�_rF_ �..iii_�,� .__.� d,::��"o-�:�I�.JLJ:i,:�, 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