LEAVE POLICY
Short Term Disability (STD) Leave
Civil Leave - Juror Service - Election Day - Military Duty Leave
POLICY STATEMENT:
Subject to the provisions of this policy, annual leave may be provided to
Employees for the purpose of granting paid time off during an absence from
scheduled working hours. Reasons for
annual leave may include, but are not limited to, the following:
Annual leave may be taken only as earned and may not be taken in segments of
less than one-half hour. However,
any increment of accrued annual leave hours may be used to supplement short-term
disability leave or after exhausting the maximum benefit period for short-term
disability leave or injury leave, if applicable, or to exhaust annual leave
hours in order to qualify for leave without pay.
Scheduling of Annual Leave: Approval of
annual leave use is at the discretion of the immediate supervisor who will
consider the Employee's wishes and the scheduling needs of the department.
Employees taking time off without approval of the immediate supervisor
may not be paid for the time absent from scheduled working hours and may be
subject to corrective or disciplinary action.
Except in emergency or unforeseeable situations, annual leave must be
scheduled with the Employee's immediate supervisor at least 24 hours in advance
of the use of the leave. Please note
that some departments may require a longer period of advance scheduling.
Amount of Annual Leave Benefit:
Group 1 Employees who are exempt from overtime shall accrue annual leave on a
prorated basis according to the following schedule:
|
Months Of Continual
Full-Time Employment Completed |
Total Hours Of Annual
Leave Accrued Annually |
|
0 months but less than 36 months |
152 (19 8-hour days) |
|
36 months (3 years) but less than
60 months |
160 (20 8-hour days) |
|
60 months (5 years) but less than
84 months |
168 (21 8-hour days) |
|
84 months (7 years) but less than 108 months |
176 (22 8-hour days) |
|
108 months (9 years) but less than 132 months |
184 (23 8-hour days) |
|
132 months (11 years) but less than 156 months |
192 (24 8-hour days) |
|
156 months (13 years) but less than 180 months |
200 (25 8-hour days) |
|
180 months (15 years) but less than 204 months |
208 (26 8-hour days) |
|
204 months (17 years) but less than 228 months |
216 (27 8-hour days) |
|
228 months (19 years) but less than 240 months |
224 (28 8-hour days) |
|
240 months (20 years) but less than 300 months |
232 (29 8-hour days) |
|
300 months (25 years) and above |
240 (30 8-hour days) |
Group 2 Employees (Employees eligible for overtime) shall
accrue annual leave on a prorated basis according to the following schedule:
|
Months Of Continual
Full-Time Employment Completed |
Total Hours Of Annual
Leave Accrued Annually |
|
0 months but less than 36 months |
112 (14 8-hour days) |
|
36 months (3 years) but less than
60 months |
120 (15 8-hour days) |
|
60 months (5 years) but less than
84 months |
128 (16 8-hour days) |
|
84 months (7 years) but less than 108 months |
136 (17 8-hour days) |
|
108 months (9 years) but less than 132 months |
144 (18 8-hour days) |
|
132 months (11 years) but less than 156 months |
152 (19 8-hour days) |
|
156 months (13 years) but less than 180 months |
160 (20 8-hour days) |
|
180 months (15 years) but less than 204 months |
168 (21 8-hour days) |
|
204 months (17 years) but less than 228 months |
176 (22 8-hour days) |
|
228 months (19 years) but less than 240 months |
184 (23 8-hour days) |
|
240 months (20 years) but less than 300 months |
192 (24 8-hour days) |
|
300 months (25 years) and above |
200 (25 8-hour days) |
An Employee will receive the full accrual for a pay
period if he or she is paid for the total hours for that pay period.
However, if an Employee is paid for less than 50 percent of the hours for
that pay period, he or she will receive no accrual for that particular pay
period. And, if an Employee is paid
for at least 50 percent but less than 100 percent of the hours for that pay
period, he or she will receive 50 percent of the accrual for that particular pay
period.
Also, sick leave balances at the end of a calendar year
will be converted at 100% of the remaining balance to annual leave on the second
payroll of the following year. An
employee must meet the definition of Employee on the January 1 following the end
of the calendar year in order to qualify for this sick leave conversion
provision.
Part-Time Service Credit:
For purposes of calculating the amount of annual leave benefit, a
part-time employee who is appointed to a full-time position will be credited for
100 percent of the length of time served in part-time Broomfield service.
For Example: An employee who
worked in a part-time position for the Employer for 24 months would be credited
for 24 months of service when calculating the annual leave benefit. This service
credit does not apply to temporary employees or independent contractors.
Prior Service Credit:
If a separated employee is re-employed within three years of his or her
separation date from a full-time or part-time position, his or her service date
for leave will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Closure Of Employer Offices and Facilities During
Hazardous Conditions: If Employer
offices and facilities are closed by order of the City and
Maximum Accumulation:
The balance of unused annual leave for Employees may not exceed 280 hours
at the end of the calendar year.
Illness During Annual Leave:
An Employee who becomes ill or injured when using annual leave may
request available sick leave in lieu of annual leave for the period of that
Sickness or Injury.
Payment Upon Separation:
Upon separation from employment, unused annual leave hours as shown on
payroll records will be paid using the Employee's regular hourly rate of pay.
Subject to the provisions of this policy, compensatory
time may be provided to Employees in lieu of overtime pay.
Supervisors may require the Employee to accumulate compensatory time in
lieu of payment of overtime.
Employees may accumulate compensatory time to a 40 hour maximum at any one time,
and an Employee’s balance up to this 40 hour maximum may carry over from one
calendar year to the next.
Compensatory time may be used for the same reasons as annual leave.
Compensatory time may be taken only as earned and may not be taken in
segments of less than one-half hour, unless the Employee is attempting to
exhaust his or her compensatory time balance.
Earning Compensatory Time:
When an Employee works sufficient hours to earn overtime (more than 40
hours in a pay week or for designated sworn Employees 80 hours in a pay period),
an Employee may designate these hours as compensatory time on his or her
timesheet and the Employer may require the Employee to accumulate compensatory
time in lieu of receiving overtime pay.
These overtime hours are multiplied by 1.5, and the Employee can
accumulate to a 40 hour maximum at any one time.
At that point, any excess hours would have to be paid as overtime at the
overtime rate.
For Example:
An Employee who works four hours of overtime could designate on his or
her timesheet that he or she would like those hours in compensatory time instead
of overtime pay. The Finance
Department--upon processing the timesheet--would multiply the four hours of
overtime by 1.5, and the Employee would have six hours of compensatory time to
use at a later time.
Using Compensatory Time:
Approval of the use of compensatory time is at the discretion of the
immediate supervisor who will consider the Employee's wishes and the scheduling
needs of the department. Employees
taking time off without approval of the immediate supervisor may not be paid for
the time absent from scheduled working hours and may be subject to corrective or
disciplinary action. Except in
emergency or unforeseeable situations, compensatory time must be scheduled with
the Employee's immediate supervisor at least 24 hours in advance of its use.
Please note that some departments may require a longer period of advance
scheduling.
Payment Upon Change in Status from Non-Exempt to Exempt:
An Employee who changes status from non-exempt to exempt will be paid
effective the date of status change for any unused compensatory time as shown on
payroll records in accordance with the Fair Labor Standards Act, as amended.
Payment Upon Change in Account Allocation:
An Employee who is appointed to a new position or who is transferred to
another assignment resulting in a change in personal services allocation may be
paid effective the date of change for any unused compensatory time as shown on
payroll records in accordance with the Fair Labor Standards Act, as amended.
Payment Upon Separation:
Upon separation from employment, unused compensatory time as shown on
payroll records will be paid in accordance with the Fair Labor Standards Act, as
amended.
Subject to the provisions of this policy, sick leave may
be provided to Employees for the purpose of granting paid time off during an
Employee's absence from scheduled working hours due to personal Sickness or
off-the-job Injury; Sickness or Injury of an Employee’s Immediate Family Member
requiring the Employee's personal care and attendance; and Employee
medical/dental appointments or visitations.
A condition that lasts for a period in excess of three consecutive
calendar days will be considered family or medical leave under the Family and
Medical Leave (FMLA), if applicable, and requires completion of the “Leave
Request for Family or Medical Leave” form.
This would include any time taken by the Employee to care for a Sickness
or Injury of the Employee’s lawful spouse, parent or child (under 18 years or
disabled) requiring the Employee's personal care and attendance.
Sick leave may be taken only from the
Employee's available balance and may not be taken in segments of less than
one-half hour.
Notification Requirement:
To qualify for sick leave, an Employee must notify his or her supervisor
not later than 30 minutes before his or her scheduled starting time or as soon
thereafter as possible. If the
Employee is requesting sick leave for Employee scheduled medical/dental
appointments or visitations, the Employee must request the leave from his or her
supervisor at least 24 hours in advance.
Please note that some departments may establish earlier notification
requirements.
Amount of Sick Leave Benefit:
Employees are eligible for 80 hours of sick leave per calendar year.
This amount shall be prorated for Employees hired after January 1 of the
calendar year. Sick leave balances
at the end of a calendar year will be converted at 100% of the remaining balance
to annual leave on the second payroll of the following year.
Employees must meet the definition of Employee on the January 1st
following the end of the calendar year in order to qualify for this sick leave
conversion benefit.
Employees in Inactive Status are not eligible for this
sick leave benefit until they return to Active Status.
Part-Time Service Credit:
For purposes of the sick leave benefit, a part-time employee who is
appointed to a full-time position will be credited for 100 percent of the length
of time served in part-time Broomfield service.
For Example: An employee who
worked in a part-time position for the Employer for 24 months would be credited
for 24 months of service when calculating the sick leave benefit.
This service credit does not apply to temporary employees or independent
contractors.
Prior Service Credit:
If a separated employee is re-employed within three years of his or her
separation date from a full-time or part-time position, his or her service date
for leave will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Medical Certification for Employee’s Absence:
When sick leave is taken in excess of three or more consecutive working
days, the supervisor may require that the Employee submit a “Certification of
Health Care Provider” form signed by a Physician verifying the Sickness/Injury.
However, if the Employee is on leave restriction as part of a corrective
or disciplinary action, the supervisor may require a “Certification of Health
Care Provider” form signed by a Physician for any amount of any leave taken to
cover an unscheduled absence.
Payment Upon Separation:
Upon separation from employment, unused sick leave hours as shown on
payroll records will not be paid.
Employees who change their status to part-time non-benefited or temporary will
forfeit their accrued sick leave balance upon appointment to the part-time
non-benefited or temporary position.
Employees who change their status to part-time benefited will receive a
pro-rated portion, determined by the Human Resources Department, of sick leave
calculated through the part-time appointment date.
This amount will be converted to annual leave.
SHORT-TERM DISABILITY (
Subject to the provisions of this policy, short-term
disability leave may be provided to Employees who have been paid at least 1,040
hours (excluding overtime, on-call and holiday-special hours) as an Employee or
who have a total of six months of full-time service when the part-time service
credit and/or prior service credit are/is included.
The Employee must be in Active Status on the day preceding the start of
the period of Disability in order to become eligible for this leave benefit.
Short-term disability (
Amount of Short-Term Disability (
|
Months
of Full-time Employment Completed |
Maximum
Benefit Period
Number
of Work Hours at |
|
|
Full
Pay |
60% of
Pay |
|
|
0 months but less than 6 months |
No
Benefit Available |
|
|
6 months but less than 24 months |
0 |
520 |
|
24 months but less than 60 months |
260 |
260 |
|
60 months but less than 120 months |
346 |
174 |
|
120 months and above |
520 |
0 |
To obtain full pay, short-term disability leave--if paid
at 60 percent--may be supplemented by the Employee’s available annual leave,
sick leave, compensatory time, or holiday leave.
If a holiday occurs during the time an Employee is under
approved short-term disability leave, the Employee will receive holiday leave
benefit in accordance with the holiday leave provisions.
Part-Time Service Credit:
For purposes of calculating the amount of short-term disability leave
benefit, a part-time employee who is appointed to a full-time position will be
credited for 100 percent of the length of time served in part-time
Broomfield service.
For Example: An employee who
worked in a part-time position for the Employer for 24 months would be credited
for 24 months of service when calculating the short-term disability leave
benefit. This service credit does
not apply to temporary employees or independent contractors.
Prior Service Credit:
If a separated employee is re-employed within three years of his or her
separation date from a full-time or part-time position, his or her service date
for leave will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Maximum Benefit Period:
The term Maximum Benefit Period means the maximum benefit of 520 work
hours allowed under short-term disability leave.
Succeeding Periods of Disability:
Two or more periods of Disability will be treated as one period of
Disability, unless:
1.
the Employee returns to Active Status on a full-time
basis without restrictions for at least 180 consecutive calendar days between
periods of Disability; or
2.
the succeeding period of Disability is due to Sickness or
Injury unrelated to the cause of the prior period of Disability for which leave
was approved.
Limitation of Benefit:
Short-term disability leave ends on the earliest of:
1.
the date the Employee ceases to be disabled or dies;
2.
the date the Maximum Benefit Period ends;
3.
the date the Employee is able, but chooses not to return
to Active Status;
4.
the date the Employee fails to take a required medical
examination, without good cause.
No Employee shall be covered under the short-term
disability leave benefit for more than the Maximum Benefit Period for the same
or related Sickness or condition, off-the-job Injury, or Disability unless it
qualifies as a separate Sickness, off-the-job Injury or Disability under the
section entitled “Succeeding Periods of Disability.”
Notification Requirement and Medical Certification:
The Employee must complete the “Leave Request for Family or Medical
Leave” form when requesting short-term disability leave for his or her own
serious medical condition. The
following information must be completed:
1.
the dates for which leave is required (to and from);
2.
the total amount of leave requested; and
3.
whether the leave is for a single block of time or for an
intermittent or reduced work schedule.
In addition, the Employee must submit a completed
“Certification of Health Care Provider” form and this form must be completed and
signed by a Physician. Short-term
disability leave will not be approved until the forms are reviewed and accepted
as complete by the
The Employee must notify his or her supervisor and the
Return to Work: The Employee
must assure that his or her Physician has completed the “Physician’s Release to
Return to Work” form prior to his or her return to Active Status.
The Employee must provide a copy of this form to his or her immediate
supervisor and the original form to the
Exclusions: No benefit
will be payable for any Disability:
1.
that is not supported by a medical certification form
acceptable to the Employer and signed by a Physician;
2.
if the Employee fails to submit to a medical examination
by a Physician or health facility designated by the Employer to verify that the
Employee is Disabled;
3.
if the Employee is not in Active Status on the day
preceding the onset of the Disability;
4.
during which the Employee is not under the regular care
of a Physician;
5.
which is the result of an Injury or Sickness covered by
Worker’s Compensation; or
6.
which is due to an Injury or Sickness arising out of, or
in the course of, any employment for wage or profit.
Subject to the provisions of this policy, holiday leave
may be provided to Employees for the purpose of granting paid time off for
Employer-observed holidays.
Amount of
Holiday Observed By Employer
|
Hours
|
|
New Year's Day (January 1) |
8 |
|
Martin Luther King's Birthday (Third Monday in January) |
8 |
|
President's Day (Third Monday in February) |
8 |
|
Memorial Day (Last Monday in May) |
8 |
|
Independence Day (July 4) |
8 |
|
Labor Day (First Monday in September) |
8 |
|
Veteran’s Day (November 11) |
8 |
|
Thanksgiving Day (Fourth Thursday in November) |
8 |
|
Friday following Thanksgiving |
8 |
|
Christmas Eve (December 24) |
8 |
|
Christmas Day (December 25) |
8 |
|
Note:
Generally, when a holiday falls on a Saturday, the holiday will be
observed on the preceding Friday.
Generally, when a holiday falls on a Sunday, the holiday will be
observed on the following Monday. |
|
Accumulation of
Any Employee (Group 1 or Group 2) who actually works
during the period from
If an Employee who normally works on a holiday because he
or she works rotating shifts without observance of holidays due to the nature of
his or her work is called in to work on a holiday for which leave was previously
approved, the Employee may record the combination of holiday leave taken and
hours actually worked for the hours that make up his/her normal shift.
If the Employee is required to work hours either before or after his/her
normal shift, the Employee may record the holiday leave for the hours of his
normal shift and then record hours worked for those hours actually worked
outside of his normal shift. The
Employee will not be allowed to record both hours actually worked and holiday
leave for the same exact hours.
Sickness During
Payment for Holiday Leave:
In the same pay period in which it is earned, a Group 2 Employee required
to work on a holiday or who works rotating shifts without observance of holidays
due to the nature of the work, may request payment for earned holiday leave in
lieu of accumulating holiday leave to be used for paid time off. Such payment
will be made using the Employee's regular hourly rate of pay.
On the second payroll check of December, all unused
holiday leave hours as shown on payroll records for Group 2 Employees will be
paid using the Employee's regular hourly rate of pay.
Group 1 Employees who are exempt from overtime may only use accumulated
holiday leave in lieu of scheduled working hours; any unused holiday leave hours
at the end of the calendar year will be forfeited.
Payment Upon Separation:
Upon separation from employment, unused holiday leave hours as shown on
payroll records will be paid using the Employee's regular hourly rate of pay.
INJURY LEAVE: Subject to
the provisions of this policy, injury leave may be provided to Employees for the
purpose of providing paid time off for an on-the-job Disability.
Injury leave will be considered medical leave under the Family and
Medical Leave Act (FMLA) if the Employee meets the eligibility requirements of
FMLA.
Amount of Injury Leave Benefit:
Injury leave benefits provide 100 percent of pay for scheduled working
hours for a Maximum Benefit Period of either (1) the duration of the time period
the Employee is incapacitated or (2) a maximum of 520 work hours, whichever
is less. In order for an
Employee to receive injury leave benefits, the Employee must forward to the
Employer any and all benefits received from the Employer's workers' compensation
insurance fund subscribed to by the Employer.
It is a violation of policy if an Employee receives injury leave from the
Employer and payment from the Employer’s workers’ compensation insurance fund
for the same hours, and an Employee violating this leave benefit will be subject
to corrective or disciplinary actions in accordance with the Broomfield
Personnel Merit System.
If a holiday occurs during the time an Employee is under
approved injury leave, the Employee will receive holiday leave benefit in
accordance with the holiday leave provisions.
Return to Work: The
Succeeding Periods of Disability:
Two or more periods of Disability will be treated as one period of
Disability, unless:
1.
the Employee returns to Active Status on a full-time
basis without restrictions for at least 180 consecutive calendar days between
periods of Disability; or
2.
the succeeding period of Disability is due to Sickness or
Injury unrelated to the cause of the prior period of Disability for which leave
was approved.
Limitation of Benefit:
Injury leave ends on the earliest of:
1.
the date the Employee ceases to be disabled or dies;
2.
the date the Maximum Benefit Period ends;
3.
the date the Employee is able, but chooses not to return
to Active Status; or
4.
the date the Employee fails to take a required medical
examination, without good cause.
Medical Certification:
An Employee receiving injury leave or modified duty assignments may be
required to undergo additional medical examination(s) by a Physician or health
facility designated by the Employer with the expense of such examination(s) to
be borne by the Employer. Failure of
an Employee receiving injury leave to submit to a medical examination by an
Employer-designated Physician or health facility shall terminate the injury
leave benefit.
Non-Compensable Disability:
In the event it is determined by the workers' compensation insurance fund
subscribed to by the Employer that the Disability is not compensable through
workers' compensation benefits, any injury leave paid by the Employer will be
charged against the Employee's accumulated sick leave balance or other leave
balances as necessary unless otherwise approved by the Employer.
If Injury Leave is Exhausted:
If an Employee exhausts the 520 work hours of injury
leave and is unable to return to work, or if he/she is returned to work with
restrictions and Modified Duty is not available for all regularly scheduled
hours, the following may apply:
·
The Employee may receive Temporary Total Disability (TTD)
or Temporary Partial Disability (TPD) compensation from the workers'
compensation insurance fund subscribed to by the Employer.
While on TTD or TPD, an Employee will be paid for the hours he/she is not
able to work by the workers' compensation insurance fund subscribed to by the
Employer up to the maximum amount set by state statute.
The Employee will not be allowed to record hours actually worked on
his/her time sheet and receive TTD and TPD compensation from the workers'
compensation insurance fund for the same exact hours.
·
He/she may elect to use his/her eligible leave balances
for the hours he/she is not able to work.
If the Employee chooses to do this, he/she will have two options:
o
An Employee may choose to use his/her leave for 100% of
the regularly scheduled hours which he/she is not able to work.
o
An Employee may choose to use a percentage of his/her
leave balances to supplement the 66 2/3% pay he/she is receiving from the
workers' compensation insurance fund.
The Employee should consult with Human Resources to determine the impact
on benefits including leave accruals, pensions and health insurance.
o
If an Employee does not have any eligible leave balances
to use or does not elect to use his/her leave balances, he/she may request Leave
Without Pay, which is subject to approval by the department head and/or the City
and County Manager. The Employee
should consult with Human Resources to determine the impact on benefits
including leave accruals, pensions and health insurance.
An Employee must elect, in writing, which of the above
options he/she wishes to pursue. An
Employee can change this election once per pay period.
The Employee may be eligible for Long Term Disability
benefits. Please contact Human
Resources with questions about this program.
Donated Leave is not available.
Sick Leave is not available to cover an absence caused by
a work-related Disability.
Employees who are released to return to work on a full-time or reduced schedule
basis but with job restrictions
as,
supported by medical evidence documented on the “Physician’s Release to Return
to Work” form,
may be eligible for a modified duty assignment as defined in this
section. The department head or
designee, with the concurrence of the
Definition:
Modified Duty is an assignment which is for a specified and limited
period and fulfills a necessary job function, appropriate to the Employee’s
skills and level of experience as determined by the Employer, and which the
Employee can perform without violating any medical restriction imposed as a
result of a temporary Disability, Sickness or Injury, for which the Employee is
compensated at his or her normal rate of pay and benefits.
Procedure:
Modified duty assignments are not a matter of right.
The number, availability and duration of such assignments are limited by
departmental needs as defined by the department head or designee.
Physician’s Statement: The
“Physician’s Release to Return to Work” form will be completed by a Physician
(For injury leave, the Physician is designated by the Employer)
and shall include the nature of the Disability; the
probable length of the Disability; the prognosis for recovery; and the nature of
duty restrictions. An
additional statement confirming the ability to perform the modified duty
assignment may also be required.
Review of Assignment: An
Employee’s modified duty status shall be reviewed every 30 calendar days by the
Employee’s supervisor and a representative from the
Length of Assignment: No modified
duty assignment may last for a cumulative period exceeding 1,040 work hours
including any hours charged to annual leave, holiday leave, sick leave,
compensatory time or leave without pay.
Assignment to a modified duty does not in any way create a right for the
Employee to occupy that or any other position on a regular basis.
Return to Regular Assignment: A medical
examination and clearance for return to regular assignment
documented on the “Physician’s Release to Return to
Work” form
is required before an Employee assigned to modified duty
can return to his or her original position.
CIVIL LEAVE (Election Day):
Subject to the provisions of this policy, Employees who are eligible
electors entitled to vote at an election shall be provided Civil Leave for a
period of two hours during the time the polls are open, unless there are three
or more hours between the time of opening and the time of closing of the polls
during which the Employee is not required to be on the job.
For example, the polls are normally open for voting from
Employees shall request time off to vote from their supervisor one day prior to
the election day. Advance notice is
required so that the necessary time can be scheduled at the beginning or the end
of the work shift; whichever provides the least disruption to the normal work
schedule.
CIVIL LEAVE (Military Duty Leave):
Subject to the provisions of this policy and the
Uniformed Services Employment and Reemployment Rights Act of 1994, Chapter 43 of
Title 38, United States Code, military duty leave may be provided to Employees
for the purpose of attending military training or for entering active military
service as a member of the armed forces of the United States or National Guard,
voluntarily or involuntarily. USERRA
(Uniformed Services Employment and Reemployment Rights Act of 1994) prohibits
discrimination in hiring, firing, promotion, training, or any other benefit or
advantage of employment for the past, present, or future participation in
uniformed services. The
military leave cannot exceed five years (with certain exceptions).
An Employee’s entitlement to benefits under this policy
terminates upon the occurrence of any of the events set forth in 38 U.S.C. §
4304 (1994).
Unless precluded by military necessity, Employees must provide advance notice,
orally or in writing, of the need for military leave to the Employee’s
supervisor. If orders are given to the
Employee verbally, the Employee should forward a copy of his/her written orders
when available.
Pay During Military Training:
Employees shall receive the difference between a lesser amount of gross
pay received from the United States Government (excluding travel or housing
allowances) and the greater amount of gross base pay the Employee ordinarily
would receive from the Employer for scheduled working hours during the 15
working days of military training per calendar year. Prior to obtaining any
compensation from the Employer, the Employee must present a check stub to the
Finance Department showing the gross amount of compensation received from the
United States Government. If an
Employee is required by proper authority to continue in such military training
beyond 15 working days per calendar year, the leave shall be without pay for the
duration of such training or the Employee may elect to use any accrued annual
leave, holiday leave, and compensatory time balance to extend the paid leave
beyond the initial 15 working days of pay.
Pay During Active Military Service:
Employees shall be entitled to payment from the Employer for regularly
scheduled working hours during the 15 working days succeeding the time when the
Employee is engaged in active military service per calendar year.
The Employee may, but is not required to use any accrued annual leave,
holiday leave, and compensatory time balance to extend the paid leave beyond the
initial 15 working days of pay.
The Employee must fill out a timesheet
reflecting the usage of any leave beyond the initial 15 working days.
Benefits
During Military Training or Active Military Service:
For periods
of up to 30 calendar days of service, the Employee is required to pay only the
Employee’s share of the health and dental insurance premiums.
For periods of service over 30 calendar days,
Health
insurance coverage must be reinstated without any waiting period or exclusion
for preexisting conditions, other than what would have applied ordinarily.
This rule does not apply to the coverage of any illness or injury that is
determined by the Secretary of Veterans Affairs to have clearly been incurred in
or aggravated during the Employee’s military duty leave.
An Employee who is subsequently re-employed in accordance with the USERRA
following his or her return from military duty will receive credit for
continuous service for purposes of leave benefits and pension plans.
For an Employee who
is out 91 calendar days or more and then returns, the Employee has a time period
that is three times that which the Employee was serving in the military (cannot
exceed five years) to pay into the pension plan that the Employee was enrolled
in. The Employer shall match the
contributions to the extent that the Employee makes contributions.
The Employer is not obligated to pay interest earnings or try to estimate
investment earnings. The department
should budget the appropriate amount for pension contributions while the
Employee is on leave, as the Employer contributions need to be paid into the
plan upon the Employee’s return from leave.
Replacement
For Vacant Position:
The supervisor can fill the position, if
necessary, with the understanding that a layoff will occur if the individual on
military leave returns. The order of
separation will be as follows (reference Section 2-14-380 of the Personnel Merit
System): Preference for retention in
the particular position subject to layoff shall be based on seniority of
uninterrupted service in the position and department.
Time served in a higher-level position
within the same department will be counted toward years of service in the
Employee's current position.
Temporary positions do not have to be held open.
Re-employment After Military Training: Subject to
applicable provisions of the USERRA, an Employee who completes military training
will be reemployed upon the completion of such training.
Re-employment After Active Military Service:
Subject to the USERRA, an Employee who
completes active military service will be reemployed following return from
active duty provided the individual makes application for reemployment with the
Service up
to 30 calendar days:
The returning Employee must report to the
Employer by the next regularly scheduled workday on the first full day following
completion of service and an eight hour rest period following safe
transportation home.
Service of
31 – 180 calendar days:
An application for reemployment must be
submitted no later than 14 calendar days after completing military service.
Service of
181 calendar days or more (to a maximum of five years):
An application for reemployment must be
submitted no later than 90 calendar days after completing military service.
Service-related disability:
Returning Employees who are hospitalized for or convalescing from
injuries incurred in or aggravated by military service may apply for
reemployment within two years following recovery from such injuries.
These reemployment rights do not apply if the Employee
does not submit an honorable discharge or other form of release from proper
authority indicating that his or her military service was satisfactory.
If the Employee fails to apply for reemployment or report to work within
the specified time limits, the returning Employee will be subject to the
Employer’s rules governing unexcused absences as outlined in the Personnel Merit
System (2-14-370).
Upon
returning from military duty leave, the Employee has the right to prompt
reinstatement, accrued seniority, training or retraining, and accommodation for
disabilities incurred while in military service.
If the period of service was 90 calendar days or less, reinstatement is
to the exact job the Employee would have had if continuously employed, provided
the Employee is still qualified. If
service was for 91 calendar days or more, the Employer has the option to
reemploy the Employee in another position of like seniority, status, and pay,
the duties of which the Employee is qualified to perform after reasonable
efforts by the Employer to qualify the Employee.
For returning Employees who are disabled during military service, the
Employer will make reasonable efforts to accommodate the returning Employee’s
disability.
Reemployment
of a person is excused if an Employer’s circumstances have changed so much that
reemployment of the person would be impossible or unreasonable, for example, a
reduction in force that would have included the person.
FUNERAL LEAVE:
Subject to the provisions of this policy, funeral leave may be provided
to Employees for traveling to and/or from and attending a funeral for an
Immediate Family Member’s death or as approved by the department head.
Duration of Leave:
The department head shall determine the amount of funeral leave to be
granted. The amount of leave
granted may not exceed 40 working hours per occurrence.
Subject to the provisions of this policy, leave without
pay may be granted to Employees when 1) the Employee's employment record is
satisfactory, 2) the value to the Employer or the serious needs of the Employee
are sufficient to offset the cost and administrative inconvenience of granting
this leave, and 3) all of the Employee’s Annual Leave, Compensatory Time, and
Holiday Leave are exhausted except as otherwise noted in the section titled
“Civil Leave (Military Duty Leave).”
Leave without pay of five days or less in a calendar year is subject to approval
by the department head or designee.
Leave without pay in excess of five working days in a calendar year must be
routed through the
Duration of Leave:
Leave without pay may be granted for a specified period of time not to
exceed 90 calendar days during a 12-month period.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
Employee uses any leave associated with the event that triggers the need for
leave without pay.
Reinstatement: At the
expiration of leave without pay, the Employee will be reinstated to the position
vacated. Reinstatement may be denied
if:
1.
the Employee would not otherwise have been employed at
the time reinstatement is requested; or
2.
the Employee is no longer qualified for the position and
fails to fulfill the qualification conditions within a reasonable time following
return to work
Employees Receiving Temporary Total Disability (TTD) or
Temporary Partial Disability (TPD) Compensation from the Workers' Compensation
Insurance Fund: An Employee
receiving TTD or TPD from the workers' compensation insurance fund is not
required to exhaust available Annual Leave, Compensatory Time and/or Holiday
Leave in order to receive Leave without Pay.
Effect on Service Date for Leave and Leave Accrual:
Approved leave without pay shall not constitute a break in service.
However, if an Employee is paid for less than 50 percent of the hours for
that pay period, he or she will receive no annual leave accrual for that
particular pay period. And, if an
Employee is paid for at least 50 percent but less than 100 percent of the hours
for that pay period, he or she will receive 50 percent of the annual leave
accrual for that particular pay period.
Effect on Employee Benefits:
The use of leave without pay may impact
the Employee’s eligibility for employee benefits.
The Employee must schedule a meeting with a representative from the
ADMINISTRATIVE LEAVE:
The City and
Eligibility for Leave Donation:
Subject to the provisions of this policy, only those Employees:
1.
who have been paid at least 1,040 hours (excluding
overtime, on-call and holiday-special hours) as an Employee; or who have a total
of six months of full-time service when the part-time service credit and or
prior service credit are/is included; and
2.
who have exhausted their available annual leave,
compensatory time, sick leave, and holiday leave balances; and
3.
who experience a Serious Health Condition for themselves
or an Immediate Family Member requiring additional leave, or who require Family
Leave due to the birth of a child if completed within 12 months following the
birth of his or her child, or placement of a son or daughter with the Employee
for adoption or foster care, if completed within 12 months after the placement,
are eligible to apply for this leave donation benefit and
may request the
Placement of a son or daughter with the Employee for
foster care must be pursuant to an agreement with the State of
Eligibility for donated leave is subject to the Employee
qualifying for leave under the Family Medical Leave Act.
Maximum Benefit Period:
The term Maximum Benefit Period means the maximum benefit an Employee may
be eligible for under the donated leave benefit.
Unless otherwise noted under the section titled “Limitation of Leave
Donation Benefit” an Employee may be eligible for up to 480 hours of donated
leave during a 12-month period for an Employee’s Serious Health Condition or for
the care for a Serious Health Condition of the Employee’s lawful spouse, parent
or child under 18 years (or older child, if disabled) with the limitation that
donated leave is only available for up to 240 hours in conjunction with the care
for a Serious Health Condition of a family member other than the Employee’s
lawful spouse, parent or child under 18 years (or older child, if disabled).
Unless otherwise noted under the section titled “Limitation of Leave
Donation Benefit” an Employee may be eligible for up to 40 hours of donated
leave during a 12-month period for Family Leave due
to the birth of a child if completed within 12 months following the birth of his
or her child, or placement of a son or daughter with the Employee for adoption
or foster care, if completed within 12 months after the placement.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
Employee uses any leave associated with the event that triggers the need for
donated leave.
Limitation of Leave Donation Benefit:
Eligibility for leave donation ends on the earliest of:
1.
The date the Maximum Benefit period ends; or
2.
The date the Employee exhausts available leave under the
Family and Medical Leave Act; or
3.
The date the Employee no longer has a need for leave due
to resolution of the Serious Health Condition.
Part-Time Service Credit:
For purposes of the Employee Leave Donation program, a part-time employee
who is appointed to a full-time position will be credited for 100 percent of the
length of time served in part-time Broomfield service.
For Example: An employee who
worked in a part-time position for the Employer for 24 months would be credited
for 24 months of service when calculating the employee leave donation
eligibility. This service credit
does not apply to temporary employees or independent contractors.
Prior Service Credit:
If a separated employee is re-employed within three years of his or her
separation date from a full-time or part-time position, his or her service date
for leave will be adjusted to reflect the prior full-time or part-time service.
It is the Employee’s responsibility to contact the
Procedure:
A)
The requesting Employee completes an "Employee Leave Donation Request
Form" obtained from the
B)
The Employee submits the form to his or her department head.
C)
The department head authorizes or modifies the amount of leave to be
requested based upon departmental needs and in accordance with applicable laws,
and returns the form to the Employee.
D)
The Employee submits the “Employee Leave Donation Request” form, the
“Leave Request for Family or Medical Leave” form and “Certification of Health
Care Provider” form to the
E)
The
F)
The
G)
The
H)
Donated hours will be exchanged on an hour-for-hour basis--without
consideration of either the requesting Employee's or donating employee's
respective rate of pay. Hours
donated will be on a strictly confidential basis; i.e., the requesting Employee
will not be advised who donated leave hours--only the total number of hours
received.
FAMILY
Subject to the provisions of this policy, Employees may
be eligible for time off for Family or Medical Leave under the Family and
Medical Leave Act (FMLA).
Definitions: Some words
or terms are defined within this section.
Additional definitions for words or terms used in this section can be
found at the end of this Leave Policy for Full-time Employees.
Employees should refer to the Definitions section to find out exactly
how, for purposes of this Policy, a word or term is used.
Eligibility for Leave:
Employees who have been employed by the Employer at least 12 months (This
need not be consecutive, however; employment prior to a continuous break in
service of seven or more years will not be counted) and who have worked at least
1,250 hours during the 12 months preceding the commencement of Family or Medical
Leave are eligible for said leave if certain conditions are met.
Hours charged to annual leave, sick leave, short-term disability leave,
compensatory time used, holiday leave, injury leave, civil leave, funeral leave,
administrative leave and leave without pay do not count towards the 1,250 hour
requirement.
Amount of Leave/Reasons for Leave:
Except in the case of time off taken to care for a Covered
Servicemember with a Serious Injury or Illness,
an eligible Employee may be granted time off for a period of up to 12 workweeks
during a 12 month period as defined under “Calculation of Twelve Month Period”
for any one, or more, of the following reasons:
1.
Medical Leave due to the inability of the Employee to
perform the functions of his or her position due to a Serious Health Condition
caused by Sickness or Injury; or
2.
Family Leave due to:
·
Father’s attendance at the birth of his child;
·
Parent’s care of a newborn, if completed within 12 months
following the birth of his or her child;
·
Placement of a son or daughter with the Employee for
adoption or foster care, if completed within 12 months after the date of
placement;
·
Care for Spouse, Child or the Parent of the Employee who
has a Serious Health Condition; or
·
For Qualifying Exigencies arising out of the fact that
the Employee’s Spouse, Son, Daughter, or Parent is a service member on active
duty (or has been notified of an impending call or order to active duty in
support of a contingency operation).
If both husband and wife are Employees, they are limited to a combined total of
12 weeks of leave during a 12 month period as defined under “Calculation of
Twelve Month Period” for 1) the birth of the Employee’s Child or to care for the
Child after birth, 2) for placement of a Child for adoption or foster care, or
to care for the Child after placement, or 3) to care for the Employee’s Spouse,
Child or Parent with a Serious Health Condition.
Calculation of the Twelve Month Period: A "rolling"
12-month period is measured backward from the date an employee uses any Family
or Medical Leave except for leave taken to care for a Covered Servicemember’s
Serious Injury or Illness. Each time
the employee takes Family or Medical Leave, the remaining leave would be the
balance of the 12 weeks which has not been used during the preceding 12 months.
Example: an employee takes 4
weeks beginning February 1, 2009; 4 weeks beginning June 1, 2009 and 4 weeks
beginning December 1, 2009. On March
1, 2010, the employee wants to take leave and would only be entitled to 4 weeks.
In the case of
time off
taken to care for a Covered Servicemember with a Serious Injury or Illness,
an eligible Employee may be granted time off for a period of up to 26 workweeks
during a single 12-month period as follows to care for a Covered Servicemember:
The Employee may be granted time off for a period of up
to 26 workweeks to care for a Covered Servicemember with a Serious Injury or
Illness within a single 12-month period.
The single 12-month period begins on the first day the Employee takes
time off to care for the Covered Servicemember and ends 12 months after that
date. If an Employee does not take
all of his or her 26 workweeks of time off to care for the Covered Servicemember
during this single 12-month period, the remaining part of his or her 26
workweeks of time off to care for the Covered Servicemember is forfeited.
The Employee may be entitled to take more than one period of 26 workweeks
of time off if the leave is to care for a different Covered Servicemember or to
care for the same Covered Servicemember with a subsequent Serious Injury or
Illness, except that no more than 26 workweeks of time off may be taken within
any single 12-month period. A
husband and wife who are Employees are limited to a combined total of 26
workweeks of time off during the single 12-month period.
If the eligible Employee has taken Family or Medical
Leave for 1) Father’s attendance at the birth of his child; 2) Parent’s care of
a newborn; 3) Placement of a child with the Employee for adoption or foster
care; 4) Care for
Spouse,
Child or the Parent of the Employee who has a Serious Health Condition; or 5)
For Qualifying Exigencies, and the Employee requests additional leave to care
for a Covered Servicemember, he or she may only take the balance of the 26
workweeks of leave during the single 12-month period (The Employee would not be
eligible for 26 workweeks plus 12 workweeks).
Notification Requirement for
Requesting Leave: When an
eligible Employee requests Family or Medical Leave or if the Employer acquires
knowledge that an eligible Employee’s leave may be for an FMLA-qualifying
reason, the Employer must notify the eligible Employee of the Employee’s
eligibility to take Family or Medical Leave within five business days.
When the need for the leave is foreseeable, the Employee
must submit a “Leave Request for Medical or Family Leave” form to his or her
supervisor and the
If the leave is unforeseeable, the Employee is expected to
give notice to the Employer of the need for FMLA leave as soon as practicable
under the circumstances. As soon as
practicable means as soon as both possible and practical, taking into account
all of the facts and circumstances in the individual case.
When an Employee becomes aware of a need for Family or Medical Leave less
than 30 days in advance, it should be practicable for the Employee to provide
notice of the need for leave either the same day or in the case of the
Employee’s incapacitation, the soonest notice can be given by a family member or
by the Employee.
In the event of a medical emergency, notice may be given
in person or by phone, and in the event of the Employee's incapacity, by the
Employee's spouse or other family member.
The
Employee shall notify the Human Resources representative as soon as practicable
if dates of scheduled leave change or are extended, or were initially unknown.
The
Employer notice will include, as appropriate:
·
That the leave may be designated and counted against the
Employee’s Family or Medical Leave balance if qualifying and the applicable
12-month period,
·
Any requirements for the Employee to furnish the
appropriate certification form, and the consequences for failing to do so,
·
The Employer’s requirement to substitute unpaid leave with
paid leave, and the Employee’s ability to take unpaid leave if the Employee does
not meet the conditions of paid leave,
·
Any requirement for the Employee to make premium payments
to maintain benefits and the arrangements for making such payments, along with
the possible consequences of failure to make such payments on a timely basis,
·
The Employee’s rights to maintenance of benefits during
Family or Medical Leave and restoration to the same or an equivalent job upon
return from Family or Medical Leave,
·
The Employee’s potential liability for payment of benefit
premiums paid by the Employer during the Employee’s unpaid Family or Medical
Leave if the Employee fails to return to work after taking Family or Medical
Leave,
·
Whether the Employer will require periodic reports of the
Employee’s status and intent to return to work.
·
The requirement for the Employee to submit the
Return-to-Work form completed by the Health Care Provider prior to returning to
work. The Employee cannot return to
work until the form is submitted to his or her immediate supervisor or Human
Resources.
The
Employee must provide a copy of this form to his or her immediate supervisor and
the original form to Human Resources on or before his or her first day back to
work.
Medical Certification:
Medical certification is not required if the Employee is using available
sick leave only to cover the absence for Family or Medical Leave.
Medical certification is required under the following circumstances:
1.
for Medical Leave in which the Employee uses short-term
disability leave, annual leave, donated leave, compensatory time, holiday leave,
or leave without pay; or
2.
for Family Leave in which the Employee uses annual leave,
donated leave, compensatory time, holiday leave, or leave without pay.
The
Employee must comply with the eligibility and procedural requirements when
requesting annual leave, donated leave, accrued holiday leave, short-term
disability, compensatory time, or Leave without Pay.
Failure to submit the proper documentation may result in a denial of one
or more of these paid leaves even if the Employee submits the appropriate
paperwork for Family or Medical Leave.
The Employee must submit the appropriate completed
certification form within fifteen calendar days of receiving notice from Human
Resources or the request may be denied until the certification is received.
Documentation confirming family relationship, adoption or foster care may
be required.
Please
note: donated leave and/or short-term disability leave will not be granted until
the Employee submits the appropriate request and/or certification forms and the
leave is approved by Human Resources.
Recertification and the use of second and third opinions are not allowed when
the Employee is taking leave to care for a Covered Servicemember.
Description of the certification forms. The Human
Resources representative will send the applicable form to the Employee with the
Employer Notice letter once the Human Resources representative becomes aware of
the Employee’s need to request Family or Medical Leave.
There are four certification forms available depending on the nature of
the qualifying event:
·
Certification of Health Care Provider for Employee’s
Serious Health Condition (Form WH-380-E) – Employer, Employee and Employee’s
Health Care Provider are responsible for completing designated sections of this
form.
·
Certification of Health Care Provider for Family Member’s
Serious Health Condition (Form WH-380-F) – Employer, Employee and Family
Member’s Health Care Provider are responsible for completing designated sections
of this form.
·
Certification for Serious Injury or Illness of a Covered
Servicemember for Military Family Leave (Form WH-385) - Employee and
Servicemember’s Health Care Provider are responsible for completing designated
sections of this form.
·
Certification for Qualifying Exigency for Military Family
Leave (Form WH-384) – Employer and Employee are responsible for completing
designated sections of this form.
The
applicable certification form must be submitted to the Human Resources
representative within 15 calendar days after the Human Resources
representative’s request, unless it is not practicable.
If the submitted form is incomplete or insufficient, the Human Resources
representative will advise the Employee, in writing, what additional information
is necessary to make the certification complete and sufficient.
The Employee has seven calendar days to cure any deficiency.
Failure by the Employee to cure any deficiency may result in the denial
of the request for Family or Medical Leave.
Medical
Examinations:
The Employer reserves the right to require an Employee to obtain a second
medical opinion, at Employer expense, and if the leave extends beyond 30
calendar days to obtain additional medical certification.
However, if the initial medical certification indicates that the minimum
duration of the condition is more than 30 days, the Employer must wait until
that minimum duration expires before requesting recertification unless 1) the
Employee requests an extension of leave, 2) circumstances described by the
previous certification have changed significantly, or 3) the Employer receives
information that casts doubt upon the Employee’s stated reason for the absence
or the continuing validity of the certification.
Please
note: if the Employee is on short-term disability leave, he or she may be
required to submit a form re-certifying his or her Serious Health Condition
every 30 days in order to continue to receive the short-term disability leave
benefit.
Any
recertification requested by the Employer shall be at the Employee’s expense
unless the Employer provides otherwise.
Condition of Leave:
Family and/or Medical Leave will consist of available accrued paid leave
and unpaid leave. The Employee must
use all available accrued paid leave before unpaid leave can be utilized.
Any accrued paid leave that qualifies as Family and/or Medical Leave will
count towards the applicable 12 or 26 workweek period. The cumulative length of
leave cannot exceed the applicable 12 or 26 workweeks within the applicable
12-month period and is not 12 or 26
workweeks per incident.
Substitution of Paid Leave for Unpaid Leave:
The Employer requires Employees to use accrued paid leave while taking FMLA
leave. In order to use paid leave
for FMLA leave, Employees must comply with and be eligible for the Employer’s
applicable paid leave programs noted elsewhere in this Policy.
If
an Employee fails to follow the Employer’s policies, the Employee cannot use
accrued paid leave, but can take unpaid leave for approved FMLA absences.
FMLA leave is without pay when paid leave benefits are exhausted.
Here are the types of leave an Employee may be eligible to use
depending on the reasons for the leave.
|
Type of Paid Leave |
For Employee’s Serious Health
Condition |
For Employee’s Spouse,
Dependent Child or Parent with Serious Health Condition or
birth/adoption of child |
For Qualifying Exigencies for
Employee’s Spouse, Son, Daughter or Parent |
Service member leave for
Employee’s Spouse, Son, Daughter, Parent or Next-of-Kin |
|
Annual |
Yes |
Yes |
Yes |
Yes |
|
Comp Time |
Yes |
Yes |
Yes |
Yes |
|
Donated |
Yes |
Yes |
No |
No |
|
Holiday |
Yes |
Yes |
Yes |
Yes |
|
Injury |
Yes |
No |
No |
No |
|
Short-term disability |
Yes |
No |
No |
No |
|
Sick |
Yes |
Yes |
Call HR |
Yes |
Paid leave must be accrued before
it can be used for any absence. An
Employee cannot use Donated Leave, Injury Leave or Short-term Disability Leave
until it is approved by Human Resources.
If an Employee does not have sufficient paid leave to cover the entire period of
leave requested and approved, the balance of the Family or Medical Leave will be
unpaid as long as the total of the paid leave and the unpaid leave does not
exceed the maximum allowed per 12-month period.
Return to Work: Prior to
return to work from a Serious Health Condition, the
Employee
must assure that his or her Health Care Provider has completed the “Health Care
Provider’s Release to Return to Work” form prior to his or her return to Active
Status. The Employee must provide a
copy of this form to his or her immediate supervisor and the original form to
the
The cost of the return-to-work certification shall be
borne by the Employee.
Human Resources may contact the Employee’s Health Care
Provider for purposes of clarifying and authenticating the return-to-work
certification.
City and County Determination:
Based on the information provided to the Employer, the Employer shall
determine if any paid leave taken by an Employee is to be counted as FMLA leave.
Intermittent Leave and Reduced Leave Schedule:
In a limited circumstance as described below, an Employee who is eligible
for Family or Medical Leave may be permitted to work a reduced schedule or
receive periodic time off from work.
In cases of a Serious Health Condition of the Employee or a family member
(Spouse, Parent or Child), Serious Injury or Illness of a Covered Servicemember
or Qualified Exigency, such leave may be granted in circumstances noted under
the Family and Medical Leave Act.
The Employee must submit the “Leave Request for Family or Medical Leave” form
and the appropriate “Certification of Health Care Provider” form indicating the
need for intermittent leave or reduced leave schedule.
Where a reduced work schedule or intermittent leave is foreseeable based
on planned medical treatment, the Employer may temporarily transfer the Employee
to a comparable position that better accommodates the Employee’s recurring
periods of leave if such a position is available and such transfer would be
consistent with the needs of the Employer.
In other cases in which Employees are eligible for Family
or Medical Leave, such as pregnancy and child care, adoption or placement of a
child, the Employer may review the individual circumstances involved in
considering reduced schedule or intermittent leave requests.
The Employer may take into account the Employee’s length of service,
number of requests, duties, work load and Employee’s job performance in making
such decisions. Intermittent leave
will not be granted beyond 12 months following the birth of the child or
adoption or placement of a child.
The Employee must make a reasonable effort to schedule
treatment so as not to unduly disrupt the Employer’s operation.
Employment Protection:
Following FMLA leave, the Employee shall be returned to the same position
held before taking the leave, or to a position which is equivalent in terms of
employment benefits, hours, pay, and other working conditions.
Subject to the applicable provisions of
the Personnel Merit System, reinstatement may be denied if:
1.
the Employee would not otherwise have been employed at the
time reinstatement is requested;
2.
the Employee is no longer qualified for the position and
fails to fulfill the qualification conditions within a reasonable time following
return to work.
3.
the Employee is unable to perform the position because of
a physical or mental condition, including the continuation of a Serious Health
Condition. This provision is subject
to the requirements of the Americans with Disabilities Act.
4.
the Employee is a key Employee, a salaried Employee
among the highest paid 10% of Employees, and reinstatement would result in
substantial and grievous economic injury to the Employer.
Impact on Health, Employee Assistance Program (EAP) and
Dental Insurance: Health, EAP
and dental insurance coverage will be continued for the Employee during the
duration of the leave under the same conditions as if the employment was
continuous, including providing the Employee with any new or additional coverage
resulting from changes in the health, EAP or dental plans.
The Employee is responsible for payment of any monthly Employee cost of
insurance while on leave. The
Employee may elect not to continue health or dental insurance coverage during
leave, and upon return to work, shall be reinstated on the same terms and
conditions as existed prior to taking leave without any qualifying period or
need for physical examination.
Impact on Life, Accidental Death & Dismemberment (AD&D),
and Long-term Disability (LTD) Insurance:
Coverage under Life, AD&D and LTD insurance programs will be continued
for the duration of the leave in accordance with provisions contained within the
respective certificates of insurance.
Impact on Other Benefits and Leave Accrual:
An Employee on unpaid FMLA leave will receive the Employer contribution
towards insurance programs for the duration of his or her unpaid FMLA leave. An Employee will
receive the full annual leave accrual for a pay period if he or she is paid for
the total hours for that pay period.
However, if an Employee is paid for less than 50 percent of the hours for that
pay period, he or she will receive no annual leave accrual for that particular
pay period. And, if an Employee is
paid for at least 50 percent but less than 100 percent of the hours for that pay
period, he or she will receive 50 percent of the annual leave accrual for that
particular pay period.
Employee Remittance of Required Payments: If the
Employee
is not in paid status, the Employee shall make arrangements with the Human
Resources representative to remit timely payments.
Failure to make timely payments may result in loss of coverage during the
leave.
Employer Recovery of Insurance Premiums:
If an Employee fails to return to work following unpaid FMLA leave, the
Employer may seek recovery of the insurance premiums paid by the Employer.
Procedures:
1)
The “Employee Rights and Responsibilities under the Family
and Medical Leave Act General Notice” is available to all applicants, new hires
and employees.
2)
The Employee must notify the Employer either through his
or her supervisor or to Human Resources directly of an absence that qualifies
under Family or Medical Leave.
3)
Once Human Resources has been notified, a “Notice of
Eligibility and Rights and Responsibilities” form as well as the appropriate
Certification form will be sent to the Employee.
The Employee must complete and return the required forms to Human
Resources within 15 calendar days.
Failure to provide notification and appropriate certification in a timely manner
may result in denial of Family or Medical Leave.
4)
Upon receipt of the required forms, Human Resources will
send the Employee a “Designation Notice” indicating whether or not the Family or
Medical Leave has been approved. If
further information or clarification is necessary, the Employee will have seven
calendar days to supply it or the leave may be denied.
5)
During the Family or Medical Leave, time off should be
recorded on the timesheet with a designation from the Employee indicating which
leaves are being applied to Family or Medical Leave.
6)
During unpaid leave, the Employee must remit the
appropriate premiums to Human Resources on or before the agreed upon deadline.
7)
If the Employee’s Family or Medical Leave period has been
exhausted, and the Employee is still not able to return to work, the Employee
must contact his or her supervisor and Human Resources to explore other options,
if any.
8)
If the Employee requests to be out longer than the maximum
period he or she qualifies for under the Family and Medical Leave Act, the
request will be forwarded to the appropriate approval level for consideration.
Other Information:
Electronic access to the Family and Medical Leave Act: Code of Federal
Regulations, Part 825; and the Compliance Guide to FMLA is available through
Broomfield's intranet site
Unlawful Acts:
The FMLA makes it unlawful for the Employer to interfere with, restrain,
or deny the exercise of any right provided under the FMLA; or to discharge or
discriminate against any person for opposing any practice made unlawful by FMLA
or for involvement in any proceeding under or relating to the FMLA.
Enforcement:
The Employee may contact Human Resources if he or she has a complaint
regarding this policy. A complaint
may also be filed with the U.S. Department of Labor.
DOMESTIC ABUSE LEAVE:
Subject to the provisions of this policy, Employees may be eligible for
time off if they are the victims of the following statutorily defined events:
1.
domestic violence or abuse;
2.
stalking;
3.
sexual assault; or
4.
a crime found by a court on the record to include an act of domestic violence.
If an Employee has been with the Employer for more than 12 months and has been
the victim of one of these statutorily defined events then he or she may request
up to three working days off in a 12-month period.
The Employee must use leave for one or more of the following reasons:
1.
seeking a civil restraining order to prevent domestic abuse;
2.
seeking services from a domestic violence shelter, program or rape crisis center
as a result of domestic violence;
3.
as a result of domestic abuse, stalking, sexual assault, or any other crime
involving domestic violence:
·
Obtaining medical care or mental health counseling for himself or herself or his
or her children to address physical or psychological injuries arising from the
act or crime;
·
Making his or her home secure from the perpetrator or seeking new housing to
escape the perpetrator;
·
Seeking legal assistance to address the issues and attending and preparing for
court-related proceedings arising from the act or crime.
Condition of Leave:
Domestic Abuse Leave will consist of available accrued paid leave and
unpaid leave. The Employee must use
all available accrued paid leave (annual leave, sick leave, holiday leave and
compensatory time) before unpaid leave can be utilized.
Calculation of the Twelve Month Period:
A "rolling" 12-month period is measured backward from the date an
employee uses any Domestic Abuse Leave.
Each time the employee takes Domestic Abuse Leave, the remaining leave
would be the balance of the three days which has not been used during the
preceding 12 months. Example:
an employee takes one day on
Notification Requirement:
The Employee completes the “Request for Domestic Abuse Leave” form and
forwards said form to his or her supervisor.
The supervisor acknowledges the request by signing the form and forwards
the form to
The supervisor may require the Employee submit one or more of the following
types of documentation to support the request for leave:
1.
A police report indicating that the Employee was a victim of domestic violence;
2.
A court order protecting or separating the Employee from the perpetrator of an
act of domestic violence, or other evidence from the court or prosecuting
attorney that the Employee appeared in court; or
3.
Documentation from a medical professional, domestic violence advocate, health
care provider, or counselor that the Employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from an act of
domestic violence.
PARENTAL INVOLVEMENT IN KINDERGARTEN THROUGH
TWELFTH GRADE EDUCATION:
Subject to the provisions of this policy, non-supervisory Employees may
be eligible for time off if they are the parent or legal guardian of a child in
grades kindergarten through twelfth grade in a public, private or home-based
educational program and they require time off during an Academic Year to attend
Academic Activities as defined in this section of the Leave Policy.
Definitions applicable to this section include:
Academic Activity
The term “Academic Activity” means the following meetings or conferences
regarding the Employee’s child or any child for whom the Employee is the legal
guardian:
Academic Year:
The term “Academic Year” means the period, not to exceed twelve consecutive
months, allotted by a school for the completion of one grade level of study.
Length of Time Off/Eligibility for Time Off:
This program permits Employees in non-supervisory positions up to 18 hours of
time off in an Academic Year.
Employees must use this time off from work to attend an Academic Activity as
defined in this section above.
Employees may request time off in up to three hour increments up to six hours in
any one-month period and no more than eighteen hours in any Academic Year.
Employees are encouraged to make a reasonable attempt to schedule Academic
Activities outside of regular work hours except in emergencies; employees are
required to provide at least one calendar week advance notice to their
supervisors for the need for time off.
Employees shall work with their supervisors to schedule the time off so that it
is most convenient for the employee and the work team, if possible.
The City and County of Broomfield may limit the ability of an Employee to take
parental involvement time off in cases of emergency or in other situations where
the Employee taking time off may endanger a person’s health or safety or in a
situation where the absence of the Employee would result in a halt of service or
production.
Payment During Time Off:
Employees are required to use accrued annual, holiday and/or compensatory
time for time off under this program.
If no such accrued leave is available, the Employee shall request Leave
without Pay and such time off shall be unpaid.
Notification Requirement: The Employee shall request time off through his or her supervisor at least one calendar week in advance of the Academic Activity, and the supervisor may request that the Employee submit written verification of the Academic Activity from the school or school district. In the case of an emergency where the Employee cannot provide one calendar week notice in advance, the Employee shall provide the supervisor with notice of the need for time off as soon as possible once he or she becomes aware of the need for time off and shall provide the supervisor with written verification, if requested, upon return to work.
This section defines certain
terms used throughout this policy.
The first
letter of each of these words will be capitalized whenever it is used as defined
below in this text.
DEFINITIONS
This section defines certain
terms used throughout this policy.
The first
letter of each of these words will be capitalized whenever it is used as defined
below in this text.
Active Status
The term “Active Status” means the Employee’s performance of duties at:
1.
the Employer’s usual place of business; or
2.
any other business location to which the Employer requires the Employee
to travel.
Unless disabled on the prior workday or on the day of absence, an Employee will
be considered to be in Active Status on the following days:
1.
a Saturday, Sunday or holiday which is not a scheduled workday; or
2.
a paid annual leave day or other scheduled or unscheduled non-workday.
Child
The Employee’s biological, adopted or foster child; a step-child; a legal ward;
or a child of a person standing in the place of a parent (in loco parentis) who is under 18 years of age or 18 years of age
and older and incapable of self-care because of a mental or physical disability.
Covered Service Member (for Servicemember Family Leave)
A Spouse, Son, Daughter, Spouse or Next of Kin of the Employee who is a member
of the Armed Forces including a member of the National Guard or Reserves who has
a serious injury or illness incurred in the line of duty while on active duty
that may render the servicemember medically unfit to perform his or her duties
and for which the servicemember is undergoing medical treatment, recuperation,
or therapy; or is in outpatient status; or is on the temporary disability
retired list.
Daughter
The Employee’s biological, adopted, or foster child, stepchild, legal ward, or a
child for whom the Employee stood in loco
parentis.
Disability
The term “Disability” means a condition caused by an Injury or Sickness which
causes the Employee to be absent from his or her regular duties on a full-time
or reduced schedule basis.
Employee
The term “Employee” means a
full-time employee hired to work in a continual, year-round position for a
minimum of 2,080 hours in a calendar year (or proportionately less for an
Employee hired during the calendar year).
Part-time and temporary employees are not eligible for benefits under
this policy.
Employer
The term “Employer” means the City and
Health Care Provider
The term Health Care Provider is defined in § 825.125 of
the CFR and means 1) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in which the doctor
practices; or 2) any other person determined by the Secretary of Labor to be
capable of providing health care services.
Other persons include but are not limited to podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, nurse practitioners,
nurse-midwives, clinical social workers and physician assistants who are
authorized to practice under State law and who are performing within the scope
of their practice as defined under State law.
Immediate Family Member
The term “Immediate Family Member” as defined by the Personnel Merit System
means
those individuals related to an Employee in the following manner: mother;
father; stepmother; stepfather; foster mother; foster father; lawful spouse;
mother-in-law; father-in-law; grandmother; grandfather; brothers; sisters;
children, to include stepchildren and foster children; or any relative living in
the Employee’s household.
Inactive Status
The
term “Inactive Status” applies to an Employee who is not working and who has
exhausted all available leave benefits including leave without pay.
The term “Injury” means
bodily damage other than Sickness, including all related conditions and
recurrent symptoms.
Mental Illness
The term “Mental Illness”
means any disorder which impairs the behavior, emotional reaction or thought
process of a person, regardless of medical origin.
Next of Kin
The nearest blood relative other than the Covered Servicemember’s Spouse,
Parent, Son or Daughter according to the order set out in § 825.122(d) of the
CFR.
Parent
The biological, adoptive, step or foster parent of an Employee, or an individual
who stood in place of the parent when the Employee was a child (in
loco parentis). This definition
does not include parents “in-law”.
Personnel Merit System
The term “Personnel Merit
System” means the personnel policies and rules of the Employer as codified in
the Broomfield Municipal Code, Chapter 2-14.
Physician
The term “Physician”
means:
1.
A legally qualified medical doctor who is licensed to practice medicine, to
prescribe and administer drugs or to perform surgery; or
2.
Any other duly licensed medical practitioner who is deemed by applicable state
law to be the same as a legally qualified medical doctor.
The term Physician does not include a person who resides
in the patient's home or who is a member of the patient's Immediate Family.
The Employer shall in no way disturb the physician/patient relationship.
Qualifying Exigencies
The term Qualifying Exigencies is defined in § 825.126 of
the CFR and includes one or more of the following: 1) short notice deployment,
2) military events and related activities, 3) childcare and school activities,
4) financial and legal requirements, 5) counseling, 6) rest and recuperation, 7)
post-deployment activities, and 8) additional activities.
Serious Health Condition
The term “Serious Health Condition” means a Sickness, Injury or
Disability that involves
either:
·Hospital Care – Inpatient care
(i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any period of
incapacity (i.e., inability to work, attend school, or perform other regular
daily activities) or subsequent treatment in connection with such inpatient
care; or
·
Treatment two or more times by or under the supervision of a health care
provider (i.e., in-person visits, the first within seven days and both within 30
days of the first day of incapacity); or
·
One treatment by a health care provider (i.e., an in-person visit within seven
days of the first day of incapacity) with a continuing regimen of treatment
(e.g., prescription medication, physical therapy); or
Serious Injury or Illness
The term Serious Injury or Illness means an injury or illness incurred by a
Covered Servicemember in the line of duty on active duty that may render the
Covered Servicemember medically unfit to perform the duties of his or her
office, grade, rank or rating.
Servicemember (for Qualifying Exigency Leave)
A Spouse, Child or Parent of the Employee who is on active duty or called to
active duty status in the National Guard or Reserves in support of a contingency
operation.
The term “Sickness” means a
bodily disorder, disease, illness or pregnancy.
The term Sickness includes Mental Illness and Substance Abuse.
Son
The Employee’s biological, adopted, or foster child, stepchild, legal ward, or a
child for whom the Employee stood in loco
parentis.
Spouse
Spouse means a husband or wife as defined or recognized under Colorado State Law
for purposes of marriage, including common-law marriage in the State of
Colorado.
Substance Abuse
A condition caused by
regular excessive compulsive drinking of alcohol or taking of drugs that results
in a chronic disorder affecting physical health and/or personal or social
functioning.
Total Disability
The term “Total Disability” means a condition caused by an Injury or Sickness in
which the Employee is unable to perform on a full-time basis 1) the duties of
his or her occupation for wage or profit; or 2) any modified duty assignment.