EMPLOYEE LEAVE POLICY (HR2415) 5-19-2021.PDF

Maricopa County — Formal (2021-05-19)

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MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
Current Implementation Date: 05-19-2021
Approved by: Board Agenda Number: C-31-17-039-6-05
BOARD OF SUPERVISORS
Original Adoption Date: 12-17-2008
I. PURPOSE
To establish Maricopa County’s plan for approved employee leaves of absence and to set forth the policies
for administering employee leave practices.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. All forms of leave not
explicitly allowed by this Policy are subject to approval by the Board of Supervisors.
III. APPLICATION
This Policy applies to all employees of Maricopa County elected offices and appointed departments as well
as the Flood Control District of Maricopa County and the Maricopa County Library District (Special Districts);
however, certain types of leave are granted only to certain types of employees. The Board of Supervisors is
authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement,
C-06-18-393-6-00, approved on April 11, 2018. This Policy does not apply to individual Elected Officials.
IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or executive head of a Department,
or the designated representative authorized to act in this capacity.
B. Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA):
The federal law that prohibits discrimination against qualified individuals with disabilities and requires
employers to provide reasonable accommodations to qualified employees so they may perform the
essential job functions of their job. See ADA/ADAAA Reasonable Accommodation for Applicants and
Employees Policy (HR2429).
C. Base Pay Rate: A rate of pay, exclusive of any differentials, incentives, or other pay.
D. Classified Employees: Employees covered by the Employee or Law Enforcement Officers’ Merit
Systems. Probationary employees occupying classified positions follow the portions of this Policy applying
to Classified Employees even though they are in an at-will status until they complete probation.
E. Contract Employees: At-will employees hired to work for a defined purpose or project and defined time
period (typically more than one (1) year but less than three (3) years).
F. County Manager: The single executive appointed by the Board of Supervisors, or the designated
representative authorized to act in that capacity.
G. Credited Service: The amount of credited service time on account with the authorized Arizona retirement
system into which the employee currently contributes (e.g., Arizona State Retirement System, Public
Safety Personnel Retirement System, etc.), or the number of continuous years of service with Maricopa
County, whichever is greater. Retirement from a position in one Arizona retirement system and re-hire into
a position in another Arizona retirement system on the next business or scheduled workday does not
constitute continuous service. Individuals who are re-employed with Maricopa County after retiring from

Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
an Arizona retirement system do not receive prior service credit upon re-employment.
H. Executive Compensation Package: A package of compensation, benefits, and leave options established
for executive positions equivalent to department deputy director or above.
I. Family and Medical Leave Act (FMLA): The federal law (29 U.S.C. § 2601 et seq.) conferring job-
protected unpaid leave for eligible employees for a qualifying purpose. See Family and Medical Leave Act
(FMLA) Approved Leaves of Absence Policy (HR2413).
J. Furlough: Mandatory unpaid leave imposed on employees as the result of a budget deficit.
K. Head Start Contract Employees: At-will employees in Human Services Education Division who do not
typically work year-round.
L. HR Director: The Maricopa County Human Resources Director, or the designated representative
authorized to act in this capacity.
M. Leave Adjustment Incentive: Increased vacation and sick leave accrual rates and/or hours added to
employees’ leave banks when their positions are identified as critical and difficult to fill or retain.
N. Initial Probation: A specified period of time following the employment of employees in budgeted positions
in classified service, during which they serve in an at-will status, and may be released from employment
for or without cause. Employees serve an initial probation period upon their hire, promotion, voluntary
demotion, or transfer into classified positions.
O. Recognition Leave: Additional paid leave awarded to incentivize and recognize employees for
outstanding contributions that clearly demonstrate excellence on a project, task, or function.
P. Temporary Employees: At-will employees hired to work less than one (1) year or sporadically on an as-
needed basis (e.g. election workers).
Q. Unclassified Employees: At-will employees not covered by the Employee or Law Enforcement Officers’
Merit Systems.
V. VACATION TIME
A. Purpose: Vacation Time may be used:
1. On a discretionary basis for any purpose, subject to the department’s needs and approval process.
2. For any Sick Leave event if the employee has insufficient Sick Leave to cover the event.
3. Must be used for qualifying leave under the FMLA where there is insufficient Sick Leave.
B. Eligibility: Only Classified, Unclassified, Contract, and Head Start Contract Employees whose standard
hours are at least 20 hours per week are eligible to accrue or receive Vacation Time. Contract and Head
Start Contract Employees may receive an annual lump sum of Vacation Time not to exceed the amount
that a Classified Employee with equivalent Credited Service would accrue in a calendar year on a prorated
basis. Temporary Employees are not eligible.
C. Accruals: Vacation Time is accrued by Classified and Unclassified Employees who are in a pay status of
40 hours per week as follows:
MONTHS OF CREDITED HOURS PER HOURS PER
SERVICE PAY PERIOD YEAR
0 -36 months 4.65 120.9
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
37-72 months 5.55 144.3
73-120 months 6.90 179.4
121-180 months 7.90 205.4
181-228 months 8.50 221.0
229 months plus 8.80 228.8
Vacation Time accruals are prorated for Classified and Unclassified Employees in a paid status of 20 to
39.99 hours per week.
D. Impact of Absences on Accruals: Vacation Time accrues during any approved paid absence, but not
during any Leave Without Pay (LWO). Vacation Time accrues on a prorated basis during pay periods
where LWO for some, but not all of the pay period is used.
E. Maximum Hours of Vacation Time Carried Over from One Calendar Year to the Next:
Classified Unclassified Contract/Head Start Contract
240 Hours 320 Hours No Hours
Hours over these maximums for Classified and Unclassified Employees are transferred to the employees’
Sick Leave balances at the end of each calendar year.
F. Use: Use of Vacation Time is subject to the following:
1. Advance Approval: If the need for Vacation Time is foreseeable, employees must request and receive
approval at least two (2) business days in advance of the time off requested unless the department’s
written policy requires longer advanced notice.
2. Unscheduled Leave: Employees with an unforeseeable need to use Vacation Time must notify their
department as soon as practicable. The Appointing Authority may require employees to disclose the
circumstances warranting the need for unscheduled Vacation Time. If the Appointing Authority
determines that the documentation or the reasons provided are inadequate, or if the employee is
unable to provide any documentation or corroboration for the absence, the Appointing Authority has
the discretion to disapprove the use of Vacation Time. In such a situation, the Appointing Authority
may consult with Human Resources or legal counsel to determine whether it is appropriate to code
the absence as LWO and discipline the employee for the unauthorized absence.
3. Short Term Disability (STD) Requirement: Employees who have STD insurance must use Sick Leave,
Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period until the
STD benefit begins.
4. Workers’ Compensation Requirement: Employees injured on the job must use Sick Leave, Vacation
Time, and Leave Without Pay (in that order) during any applicable waiting period before workers’
compensation benefits begin. Employees may also elect to augment their workers’ compensation
wage benefits with Sick Leave and Vacation Time (in that order).
5. Resignation: Employees who are resigning from employment shall not be allowed to “burn off” their
paid leave by using Vacation Time or Sick Leave to extend their last day.
6. Vacation Time cannot be frontloaded in the last pay period of the calendar year to cover vacation
hours taken in January (e.g., recording 24 hours of Vacation Time on December 31st to cover hours
on January 2nd and 3rd).
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
G. Payout Upon Separation: Classified and Unclassified Employees who have completed at least twelve
(12) months of continuous employment with the County (non-temporary, non-contract) prior to separation
shall have their accrued Vacation Time paid out at their current Base Pay Rate. Contract and Head Start
Contract Employees are not eligible for this payout.
H. Donation of Vacation Time: Classified and Unclassified Employees who have completed at least twelve
(12) months of continuous employment with the County (non-temporary, non-contract) may donate their
accrued Vacation Time to another employee’s Sick Leave balance. Temporary Employees or employees
receiving Workers’ Compensation, Short Term Disability, or Long Term Disability benefits are not eligible
to receive donated leave.
1. Recipient Eligibility: Classified, Unclassified, Contract, or Head Start Contract Employee (the
“Recipient”) whose standard hours are at least 20 hours per week and whose Sick Leave and Vacation
Time are insufficient to cover an absence caused by a qualifying FMLA reason for the Recipient or
“Immediate Family Member”.
For purposes of donation of Vacation Time, “Immediate Family Member” includes Recipient’s spouse
to whom he/she is legally married under the laws of any state, child (biological, adopted, foster, step,
legal ward, or child to whom the Recipient stands in loco parentis), or parent (biological, adopted,
foster, step, or individual who stood in loco parentis to the Recipient when he/she was a child).
2. Cap: One qualifying event per year (rolling year from the start of the event).
3. Maximum: Recipient may receive up to six (6) months (1040 hours for full-time employees), prorated
for part-time employees, of donated Vacation Time for each qualifying event which may be used
consecutively or intermittently.
4. Employees do not accrue leave on paid donated Vacation Time.
5. The dollar value of donated Vacation Time is adjusted proportionately to the Base Pay Rate of the
Recipient for purposes of calculating the hours to be added to the Recipient’s Sick Leave balance.
6. Once donated to the Recipient, Vacation Time shall not be returned to the donor.
7. If there is insufficient leave donated for the pay period, the remaining hours will be LWO.
8. Department Approval: Recipients should submit the following to their Appointing Authority:
a. A written donation of leave request signed and dated by the Recipient; and
b. Documentation from a health care provider which states that the Recipient or “Immediate Family
Member” is under the care of the provider for a serious health condition as defined by the FMLA
that is expected to cause an absence from work of at least two (2) consecutive weeks or that
states the need for intermittent medical treatment for radiation, chemotherapy, or dialysis.
9. HR Director Approval: The Appointing Authority submits a request to the HR Director that states:
a. The leave is for a serious health condition as defined by the FMLA for the Recipient or “Immediate
Family Member”.
b. The Recipient will exhaust all Sick Leave and Vacation Time before the anticipated return date
and is expected to be absent from work for at least two (2) consecutive weeks.
VI. SICK LEAVE
A. Purpose: Sick Leave (which includes Earned Paid Sick Time as defined by A.R.S. § 23 -371 et seq.) is a
paid absence for an eligible employee who is absent due to:
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
1. Personal illness or injury.
2. An FMLA-qualifying event.
3. Preventative, routine, and unexpected medical or dental appointments for the employee or employee’s
“Family Member”.
4. Occasions that require the employee to care for a “Family Member” who is ill or injured.
5. Domestic violence, sexual violence, abuse, or stalking as defined by state law.
6. Any other purpose authorized by state law.
B. Within the context of Sick Leave, a “Family Member” includes an employee’s: Spouse (the person
to whom the employee is legally married under the laws of any state), domestic partner (the person to
whom the employee is registered as a domestic partner under the laws of any state or political
subdivision), as well as the employee’s, spouse’s, or domestic partner’s:
1. Child (biological, adopted, foster, step, legal ward, or child to whom the employee stands in loco
parentis currently or when the child was a minor).
2. Parent (biological, adopted, foster, step, legal guardian, or any person who stood in loco parentis
when the employee, spouse, or domestic partner was a minor child).
3. Grandparent or grandchild (biological, adopted, foster, or step).
4. Sibling (biological, adopted, foster, or step).
5. Any other individual related by blood or affinity whose close association with the employee is the
equivalent of a family relationship.
C. Eligibility: Employees are eligible to accrue Sick Leave beginning on the first day of employment with
the County and may use it as it is earned.
D. Accruals:
1. Classified Employees: Accrue Sick Leave at the rate of one hour for every 30 hours worked (.0333)
up to a fixed total in each calendar year based upon months of credited service.
Classified Employees
MONTHS OF ACCRUED SICK LEAVE TOTAL PER
CREDITED SERVICE PER PAID HOUR YEAR CAP
0-36 Months .0333 40.0
37-72 Months .0333 48.1
73 Months plus .0333 59.8
2. Unclassified Employees: Accrue Sick Leave in increments based upon months of credited service and
with the earnings capped at the totals set forth below.
Unclassified Employees
MONTHS OF ACCRUED SICK LEAVE TOTAL PER
CREDITED SERVICE PER PAID HOUR YEAR CAP
0-36 Months .03875 80.6
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
37-72 Months .04625 96.2
73 Months plus .05750 119.6
3. Classified and Unclassified Employees: For purposes of this provision for Classified and Unclassified
employees, “hours worked” includes actual hours worked as well as any time in a paid leave status.
4. Temporary, Contract, and Head Start Contract Employees: Accrue one hour of Sick Leave for every
30 hours worked (.0333 per hour) with a maximum of 40 hours per calendar year.
For purposes of these employees, “hours worked” includes only actual hours worked and does not
include paid leave time.
Temporary, Contract, and Head Start Contract Employees
MONTHS OF ACCRUED SICK LEAVE TOTAL PER
CREDITED SERVICE PER PAID HOUR YEAR CAP
Any .0333 40
Temporary, Contract, and Head Start Contract Employees can only use up to 40 hours of Sick Leave
each calendar year regardless of their Sick Leave balance. When Temporary, Contract, and Head
Start Contract Employees’ work or contracts end, any Sick Leave remaining is forfeited subject only
to the reinstatement provisions outlined in this Policy.
5. Full-time Exempt Employees: Accrue Sick Leave on up to 80 paid hours a pay period. Exempt
employees who record less than 80 paid hours a pay period will accrue at a prorated amount.
E. Use: Employees are eligible to use Sick Leave subject to the following:
1. Acceptable documentation or proof of illness may be required for consecutive absences. Supervisors
must consult their HR liaison before requesting documentation.
2. Employees must make a good faith effort to provide as much advance notice of foreseeable
appointments as possible and make a reasonable effort to schedule foreseeable medical or dental
appointments so that they do not interfere with County or department business operations.
3. Employees must request to use Sick Leave, and when possible, include the expected duration of the
absence. Departments may develop specific written call-out procedures for unforeseeable absences.
4. FMLA: If employees or their qualifying family members have a qualifying event under the FMLA, the
provisions of federal law and County policy shall be followed. (See HR2413.)
5. Short Term Disability (STD) Requirement: Employees who have STD insurance must use Sick Leave,
Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period until the
STD benefit begins.
6. Workers’ Compensation Requirement: Employees injured on the job must use Sick Leave, Vacation
Time, and Leave Without Pay (in that order) during any applicable waiting period before workers’
compensation benefits begin. Employees may also elect to augment their workers’ compensation
wage benefits with Sick Leave and Vacation Time (in that order).
7. Resignation: Employees who submit their resignation from employment shall not be allowed to “burn
off” their paid leave by using Sick Leave or Vacation Time to extend their last day.
F. Discretion to Send Employees Home: Supervisors may send employees home if they:
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
1. Come to work ill; or
2. Develop or exhibit an illness or condition while at work which, impairs their ability to be productive or
which could jeopardize the health or physical safety of co-workers or the public.
Any lost work time is charged against employees’ Sick Leave, Vacation Time, and Leave Without Pay (in
that order).
G. Restrictions on Disciplinary Actions: Employees may not be disciplined for the use of Sick Leave
protected by the FMLA or ADA or their first 40 hours of Sick Leave in a calendar year. However, failure to
follow written departmental Sick Leave call-out procedures may result in disciplinary action.
After an employee uses 40 hours of Sick Leave in a calendar year, any additional use of Sick Leave may
be subject to the restrictions of a departmental time or attendance policy, including discipline for poor
attendance unrelated to the protected 40 hours of Sick Leave. No departmental time or attendance policy
can provide for disciplinary action for any leave that is protected by the FMLA or authorized as an
accommodation under the Americans with Disabilities Act (ADA).
H. Retaliation: No employees shall be subject to retaliation or discrimination for using leave protected by
state or federal law or for filing any complaint relating to their use of leave protected by state or federal
law. Employees who believe they have been subjected to unfair treatment as a result of their use of leave
protected by state or federal law should follow the complaint process outlined in HR 2405 (Employee
Workplace Concerns) or HR 2406 (Prohibition Against Discrimination, Harassment, and Retaliation).
VII. HOLIDAY PAY
A. Legal Holidays: The County has 10 paid holidays (New Year's Day, Martin Luther King, Jr./Civil Rights
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,
the Friday after Thanksgiving Day, and Christmas Day).
1. The Legal Holidays currently observed by County employees may be automatically revised as the
result of subsequent legislative changes.
2. A holiday that falls on a Sunday is observed on the following Monday and a holiday that falls on a
Saturday is observed on the preceding Friday.
B. Eligibility: Classified, Unclassified, Contract, and Head Start Contract Employees not required to work
on a Legal Holiday shall be paid for the holiday if they are in a paid status (e.g., regular hours worked or
any paid leave) on their scheduled day before and after the Legal Holiday. Temporary Employees and
employees with standard hours of less than 20 hours per week are not eligible for Holiday Pay.
C. Rules:
1. Vacation Time and Sick Leave will not be deducted for a Legal Holiday that falls within a group of days
where an employee uses Vacation Time or Sick Leave.
a. Employees with standard hours of 40 hours per week receive eight (8) hours of compensation for
a Legal Holiday. Employees with standard hours of 20 to 39.99 hours per week receive a prorated
amount for the holiday based on their standard hours.
2. Employees working a flexible schedule (e.g., four 10 hour days or a 9/80 schedule) receive no more
than eight (8) hours pay for a Legal Holiday. Subject to their supervisors’ discretion, employees
working flexible schedules in a week in which there is a Legal Holiday have the following options:
a. Use Vacation Time to make up the difference between the eight (8) hours of Holiday Pay and their
remaining scheduled hours; or
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
b. Adjust their work schedules to make up the time provided that the time is made up within the same
workweek in which the holiday occurred.
D. Holidays Worked: Classified, Unclassified, Contract, and Head Start Contract Employees required by
their Appointing Authority to work a Legal Holiday are compensated as follows:
1. Non-exempt Employees: Up to eight (8) hours Holiday Pay based on the employee’s standard hours
and pay for hours worked. Holiday Pay does not count as time worked for overtime eligibility. At the
discretion of the Appointing Authority, non-exempt employees who are required to work on a Legal
Holiday may receive equal time off (an hour for an hour worked on the holiday) from the employees’
standard hours within the same workweek in which the Legal Holiday occurs.
2. Exempt Employees: Exempt employees’ work schedules should be adjusted to ensure no more than
80 hours of pay is received (which includes regular hours worked, approved leave hours, and Holiday
Pay) during the pay period in which the Legal Holiday occurs. If the Appointing Authority is unable to
adjust the employees’ work schedules, in addition to regular hours worked, they will receive Holiday
Pay for the hours worked on the Legal Holiday up to a maximum of eight (8) hours.
VIII. FLOATING PERSONAL DAYS
A. Eligibility: Classified and Unclassified Employees whose standard hours are 40 hours per week receive
eight (8) hours of paid leave each calendar year as a Floating Personal Day (prorated for those whose
standard hours are 20 to 39 hours per week). Contract, Head Start Contract, and Temporary Employees
are not eligible for Floating Personal Days.
B. Use: Must be pre-approved according to the department’s needs and approval processes.
C. Expiration: Expire at the close of business on December 31st of each calendar year and are not paid out
when employees leave County service.
IX. RECOGNITION LEAVE
A. Purpose: Appointing Authorities may award Recognition Leave for clearly demonstrated excellence
(significant and distinct results that set the employee apart from peers and have a positive impact on the
department or County) on a project, task, or function that has occurred within the last 12 months:
1. Equal to the hours of an employee’s regular daily shift.
2. Not to exceed one recognition per employee during a calendar year.
3. No more than approximately 10% of a department’s workforce may receive Recognition Leave in a
calendar year.
B. Eligibility: Full-time Classified, Unclassified, Contract, and Head Start Contract Employees. Part-time
employees, Temporary Employees, employees who are not eligible for leave, and employees who have
received discipline in the form of a Reprimand or higher in the previous 24 months are not eligible.
Recognition Leave is reserved as a retention tool for a department’s strongest performers. The fact that
an employee is eligible does not guarantee that the employee will receive an award. An employee who
receives an award one year is not guaranteed to receive it again the next year.
C. Use:
1. Must be pre-approved according to the department’s needs and approval processes.
2. Recognition Leave may be used the pay period it is loaded into the County’s leave management
system and may not be used before the current pay period in which the department approves its use.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
D. Expiration: Recognition Leave expires at the close of business on December 31st of each calendar year
and is not paid out when employees leave County service.
X. BEREAVEMENT LEAVE
A. Eligibility: With the approval of the Appointing Authority, Classified, Unclassified, Contract, or Head Start
Contract Employees may receive paid Bereavement Leave for the death of a “Family Member”. The
Appointing Authority may require documentation substantiating the need for leave.
For purposes of Bereavement Leave, “Family Member” includes an employee’s spouse to whom he/she
is legally married under the laws of any state, parents (biological, adoptive, foster, step, in-law, or individual
who stood in loco parentis to the employee when he/she was a child), sibling (biological, adopted, foster,
step, in-law, or half), child (biological, adopted, foster, step, son/daughter-in-law, or child to whom the
employee stands in loco parentis), grandparents (biological, adopted, step, or in-law), grandchildren,
custodial persons, a reportable occurrence under Arizona law of fetal death of a listed relation, and the
employee’s aunts, uncles, nieces, nephews, or first cousins.
B. Leave: For each occurrence of the death of a “Family Member,” eligible full-time employees may receive
up to (prorated for eligible part-time employees):
1. 24 hours when travel outside of Arizona is not required.
2. 40 hours when travel outside of Arizona is required.
3. An additional 16 hours is granted for the death of an employee’s spouse, child (biological, adopted,
foster, or step), or parent.
Bereavement Leave may be taken intermittently and must be used within 12 months of the death of the
“Family Member”.
C. Additional Time Needed: Bereavement Leave may also be taken in conjunction with other forms of
qualifying leave (e.g., Vacation Time) subject to the provisions of this Policy.
XI. CIVIC DUTY LEAVE
A. Purpose: Civic Duty Leave may be used:
1. To exercise the right to vote consistent with state law, or
2. For other authorized civic activities that have been pre-authorized by the Board of Supervisors or
County Manager (e.g., Combined Charitable Campaign events, or assisting the Maricopa County
Elections Department with elections and related activities).
B. Eligibility: For purposes of voting, all employees eligible to vote may receive Civic Duty Leave as outlined
below. For all other purposes of Civic Duty Leave, Classified, Unclassified, Contract, and Head Start
Contract Employees may be eligible.
C. Use:
1. To Vote: All employees eligible to vote may receive up to three (3) hours to vote if their scheduled
shift does not permit a three (3) consecutive hour period in which the polls are open for them to vote.
a. Civic Duty Leave to vote should be requested before the day of the election.
b. The Appointing Authority may designate the hours when the employee may be absent from the
workplace and require evidence of eligibility to vote.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
2. All other Approved Civic Duty Events: Employees’ (excluding Temporary Employees) ability to attend
pre-authorized events is subject to the department’s needs and approval process.
XII. JURY DUTY LEAVE
A. Eligibility: Classified, Unclassified, Contract, and Head Start Contract Employees are compensated
for their standard hours during which they report to serve or are serving on a municipal, county, state, or
federal jury. Temporary Employees are not eligible.
B. Use:
1. Employees must follow departmental approval processes and provide notice of the summons in
advance of the scheduled jury duty. Departments may require verification of the jury duty.
2. Employees who attend jury duty for fewer hours than they are scheduled to work (e.g., an employee
on a 4/10 schedule attends 8 hours of jury duty or a regularly scheduled employee attends 6 hours of
jury duty), may, subject to the discretion of the Appointing Authority:
a. Work the remaining scheduled hours for that day on the same day or within the same workweek
that they attended jury duty; or
b. Use Vacation Time.
3. Employees on an alternative work schedule (e.g., 4 days/10 hours) are paid for all their standard hours
during which they were actually on jury duty (e.g., an employee scheduled to work 4 days/10 hours
who attends jury duty for 8 hours receives 8 hours of jury duty pay).
4. Employees summoned for jury duty who work on a second or third shift must have their schedule
altered to permit them to fulfill their obligation to attend jury duty.
5. Waiting to Call: When employees are required to call during the workday to find out if they need to
report to jury duty that day, they are not eligible for Jury Duty Leave pay. Employees should report to
work as per their regular schedule until they call and find out if they are required to report for jury duty.
6. Jury Duty Payment: Employees keep their jury duty payment from the Court. Employees’ regular pay
is reduced by this payment, excluding mileage reimbursement, unless the employees attend jury duty
during their regularly scheduled days off, while using Vacation Time or Leave Without Pay, or while
absent on FMLA leave.
XIII. WITNESS LEAVE
A. Eligibility: Classified, Unclassified, Contract, and Head Start Contract Employees shall receive paid
Witness Leave when noticed as a witness, subpoenaed to testify in a legal action arising from County
work-related events, or subpoenaed by a governmental entity to testify in an unrelated action to the
employee’s work. Temporary Employees are not eligible.
B. Use: Employees must follow departmental approval processes and provide a copy of the subpoena in
advance of the date on which they are ordered to appear.
XIV. CRIME VICTIM LEAVE
A. Purpose: Employees who are the victim of a criminal offense or who are an immediate relation (spouse,
parent, child, sibling, grandparent, or any other person related to the person by consanguinity or affinity
to the second degree), or any other lawful representative of a person who has been killed or incapacitated
during a criminal offense, may use their Sick Leave, Vacation Time, or LWO in any combination to attend
court proceedings related to the crime.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
B. Reasons for Crime Victim Leave: Specifically, victims of juvenile offenses are given the right to leave
work to be present at proceedings under A.R.S. §8-395 (post-conviction release hearing), §8-400 (any
hearing at which the accused has the right to be present), §8-401 (detention hearing), §8-402 (post-arrest
release hearing), §8-403 (plea negotiation hearing); §8-405 (disposition hearing), §8-406 (probation
modification or termination hearing), and/or §8-415 (reexamination proceeding).
Similarly, victims of adult offenses are given the right to leave work to be present at proceedings under
A.R.S. §13-4414 (post-conviction release hearing), §13-4420 (any proceedings at which the defendant
has a right to be present), §13-4421 (initial appearance), §13-4422 (post-arrest release hearing), §13-
4423 (plea negotiation hearing), §13-4426 (sentencing), §13-4427 (probation modification or termination),
and §13-4436 (re-examination proceeding).
C. Eligibility: All Employees (Classified, Unclassified, Contract, Head Start Contract, and Temporary).
D. Use: Leave to attend court proceedings is subject to the department’s needs, approval process, and the
requirements below.
1. Employees seeking to use Victim Leave must provide the Appointing Authority:
a. A request for Victim Leave at least two weeks in advance of such leave unless such advance time
is not practicable or foreseeable.
b. A copy of the form or information provided by the law enforcement agency related to the crime.
c. If applicable, a copy of the notice of each scheduled proceeding that is provided to the victim by
the agency that is responsible for providing notice to the victim.
2. Appointing Authorities who receive documentation qualifying employees for Crime Victim Leave:
a. Will approve the leave requested to attend proceedings at the dates and times specified unless
such leave creates an undue hardship on the department (significant difficulty and expense to the
department taking into consideration the department's size and resources and the critical need of
the employee). Accrued balances must be sufficient for the paid time, or Leave Without Pay may
be granted as requested.
i. Victims may notify the prosecutors if exercising their rights under this section would create an
undue hardship for the County so that the prosecutors can communicate the notice to the
courts during the scheduling of proceedings where the victims have the right to be present.
ii. Care must be taken when documenting the leave to protect the confidentiality and privacy
rights of the employee. All records related to Victim Leave will be afforded the same
safeguards as other confidential, personal information.
b. Shall not refuse to hire or employ, to bar or to discharge from employment, or to discriminate
against an individual in any terms, conditions, or privileges of employment because the individual
leaves work pursuant to the provisions of this section.
XV. MILITARY LEAVE
A. Short and long-term Military Leave shall be granted in accordance with all state and federal laws.
B. Employees on Military Leave are eligible to remain on County benefits for up to 24 months. The County
will pay the employer portion of such benefits for up to one (1) year of that time; the employee would have
to cover the employer portion of such benefits beyond the one (1) year.
XVI. ADMINISTRATIVE LEAVE WITH PAY
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
Appointing Authorities may authorize Administrative Leave with Pay for any employee’s standard work hours
when:
A. The employee should be removed from the workplace for allegedly engaging in misconduct that will likely
result in discipline.
B. The employee is under investigation or during a notice period.
C. It is in the County’s best interest not to have an employee who resigned work through his/her last day.
Leave granted for any of these reasons:
1. Requires the Appointing Authority to consult with the HR Director monthly, when applicable, to
determine whether the leave should continue.
2. Requires County Manager approval to continue the leave beyond 180 calendar days.
XVII. EMERGENCY LEAVE WITH PAY
Emergency Leave with Pay may be authorized to cover any employee’s standard work hours if authorized:
A. By the County Manager for emergencies.
B. Via a declaration by the Board of Supervisors or the Governor of the State of Arizona that a state of
emergency or disaster exists.
XVIII. LEAVE WITHOUT PAY
A. Eligibility: LWO may be taken by employees eligible to take leave under the FMLA or in the event the
employee’s leave has been authorized as an accommodation under the ADA. Otherwise, Classified and
Unclassified Employees may submit a written request to take a leave of absence without pay of up to six
(6) months; approval of which shall be subject to the discretion of the Appointing Authority and based on
the needs of the department.
B. Use:
1. All accrued and available paid leave must be exhausted before an employee may be placed on Leave
Without Pay unless the situation falls under Section V.F. above or the employee is on protected Military
Leave and chooses not to use earned paid leave.
2. If an employee will be on Leave Without Pay for a full pay period or more, the Appointing Authority
must submit a Personnel Action Form indicating the leave to Human Resources.
3. Employees do not accrue Vacation Time or Sick Leave during periods of Leave Without Pay.
XIX. FURLOUGH
A. Purpose: A Furlough is a mandatory unpaid leave of one or more days imposed by departments to
accomplish a budget reduction as a result of a budget deficit.
B. Every department contemplating the need for a Furlough must comply with the provisions of HR2403,
“Reductions in Force and Furloughs,” and with any related budget policies.
C. Eligibility: All employees may be subject to Furloughs.
D. Rules:
Page 12 of 15

Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
1. Furlough time must be taken in full workday increments or the residual mandatory Furlough time of
less than a full workday may be taken at one time.
2. Employees on Furlough:
a. Accrue leave at the same rates as they would for worked hours.
b. Where appropriate, remain eligible for Holiday Pay even if a Furlough day off occurs on the day
before or the day after a Legal Holiday.
c. Are not compensated at a later time for their unpaid Furlough days off.
d. Who are exempt under the Fair Labor Standards Act (FLSA) must be managed consistently with
the provisions of the FLSA and other applicable state or federal laws.
e. Must not perform any work for the County while on furlough status (e.g., reviewing emails, taking
work-related telephone calls, or accessing County networks remotely).
E. See Reductions in Force and Furloughs Policy (HR2403) for additional information.
XX. ADDITIONAL PROVISIONS FOR HEAD START CONTRACT EMPLOYEES
A. Human Services’ full-time Head Start Contract employees may be offered:
1. Up to 48 hours of Vacation Time.
2. Up to 10 additional paid days for breaks such as fall, winter, or spring break as determined by the
Human Services Department based upon the budget and academic calendar.
3. The County’s standard health benefits, including employer-paid premiums, during unpaid, non-work
periods as long as the employees meet the same eligibility requirements of regular employees and
pay the applicable employee premiums for the unpaid time. The applicable employee premiums can
be paid in a lump sum at the beginning of the non-work period or the employee can continue to pay
them directly to the County every 2 weeks.
B. Employees who are on an unpaid leave of absence of any duration on their scheduled workdays before
or after a paid break shall not receive the paid break time identified above.
XXI. EXECUTIVE COMPENSATION PACKAGES
A. Executive Compensation Packages (ECPs) for employees (except Temporary Employees) at a level
equivalent to a department deputy director or above may be approved by:
1. The Board of Supervisors; or
2. The County Manager or designee as long as the leave does not exceed 80 hours of Vacation Time,
80 hours of Sick Leave, and/or a Tier 3 accrual rate for Vacation Time and Sick Leave.
B. Separation: ECP recipients who separate from employment will only be paid out for Vacation Time if they
have completed at least twelve (12) months of continuous non-temporary employment in the months
immediately preceding the date of their separation. Contract and Head Start Contract Employees are not
eligible for any payout of Vacation Time upon separation.
XXII. LEAVE ADJUSTMENT INCENTIVES
A. Leave Adjustment Incentives for employees (except Temporary Employees) in critical and difficult to retain
or fill positions may be approved by:
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
1. The Board of Supervisors; or
2. The County Manager or designee as long as the leave does not exceed 80 hours of Vacation Time,
80 hours of Sick Leave, and/or a Tier 3 accrual rate for Vacation Time and Sick Leave.
Departments must show how the position is critical and difficult to fill.
B. Separation: Recipients of a Leave Adjustment Incentive who separate from employment will only be paid
out for Vacation Time if they have completed at least twelve (12) months of continuous non-temporary
employment in the months immediately preceding the effective date of their separation. Contract and Head
Start Contract Employees are not eligible for any payout of Vacation Time upon separation.
XXIII. REINSTATEMENT
A. Employees who separate and return to County service within one year of separation shall have their Sick
Leave that was forfeited at the time of separation reinstated and have immediate access to untilize it.
B. Exceptions: Employees who receive a Post-Employment Health Plan at retirement in exchange for their
accrued Sick Leave and return to County service shall not have any Sick Leave reinstated and will begin
accruing paid leave as a new employee with zero months of credited service.
XXIV. MISCELLANEOUS
A. Non-Exempt Employees: Except for Holiday Pay, Emergency Leave with Pay, and Board approved
Premium Pay Rates that allow for non-exempt employees to be compensated above their standard hours,
an employee cannot be paid by any other form of paid leave (e.g., Vacation Time, Sick Leave,
Bereavement, Civic Duty Leave, Jury Duty Leave, Administrative Leave with Pay, or Floating Personal
Day) for more hours than their standard hours in a week. For example, an employee who is on vacation
for the week and gets called into work on Saturday would only get paid 40 hours for that week (not 48
hours) and would have their Vacation Time reduced to 32 hours.
B. Exempt Employees: Exempt employees cannot use paid leave to be paid for more than 80 hours in a
pay period except as outlined under Holiday Pay or Board approved Premium Pay Rates that allow for
compensation above 80 hours in a pay period.
C. Interview Leave: At the discretion of the Appointing Authority, employees can use work time to interview
for another position within the County.
D. Non-exempt Mental Health Associates, Licensed Practical Nurses, and Registered Nurses
Providing Care in a Correctional Health Clinic/Environment Exception: Based on business needs
and industry standards, the County Manager may allow the aforementioned employees whose standard
hours are between 36 to 39.99 hours per week to accrue Vacation Time or Sick Leave and receive Holiday
Pay, Bereavement Leave, or a Floating Personal Day, equivalent to a 40-hour per week employee.
Page 14 of 15

Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE
Current Adoption Date: 05-19-2021
Revision History
Version Revision Date Description of Revision
1 12/17/2008 Initial version (C-31-09-006-6-00)
2 05/20/2009 Added provisions for furloughs (C-31-09-016-6-00)
3 06/22/2009 Modifications to fit conversion to new HRIS (C-31-09-018-6-00)
4 12/15/2010 Updated Holiday Pay calculation (C-31-09-018-6-01)
4 01/12/2011 Allowed contract and temporary employees to use military leave (C-31-09-018-6-02)
5 06/22/2011 Updated short term disability language (C-31-11-017-6-00)
6 07/06/2011 Updated donated vacation leave language (C-31-11-017-6-01)
7 02/22/2012 Various edits to alter what qualifies for leave (C-31-11-017-6-03)
Updated language to reflect changes to Policy HR2413 FMLA Approved Leaves of Absence, to
8 06/24/2013 County Head Start Contracts, to Short Term Disability waiting periods, and to Legal Holidays,
A.R.S. § 11-413 (C-31-11-017-6-04)
Updated so FMLA eligibility is not needed to accept donated leave and clarified that contract
9 01/29/2014
employees can receive donated leave (C-31-11-017-6-05)
10 12/09/2015 Minor revisions to align with changes to Employee Merit System Rules (C-31-16-016-6-00)
Revisions necessary to comply with A.R.S. 23-371 through 23-381 (Earned Paid Sick Time)
11 06/21/2017
(C-31-17-039-6-00)
Updated and clarified language, added Recognition Leave, and change eligibility for vacation
12 06/27/2018
payout and donation of vacation time to 12 months (C-31-17-039-6-01)
Unused donated vacation is not returned to donor and employees on protected military leave do
13 09/19/2018
not have to use paid leave before they go into an unpaid leave status (C-31-17-039-6-02)
Added language to prevent frontloading vacation time, updated Recognition Leave, and updated
14 05/22/2019
the Reinstatement Section (C-31-17-039-6-03)
Added Emergency Leave with Pay, a maximum and cap to donated Vacation Time, a maximum
15 09/18/2019 amount of Sick Leave that can be used for temporary and contract employees, and updated
Bereavement Leave (C-31-17-039-6-04)
Corrected a minor grammatical error under the Family Member definition (removed “in-law”
16 03/04/2020
under the child definition)
Updated “Family Member” definition for Sick Leave, an additional 16 hours of Bereavement
Leave is given for the death of an employee’s spouse, child, or parent, clarified when
17 05/09/2021
Administrative Leave may be authorized, and added a correctional health environment
exception under miscellaneous (C-31-17-039-6-05)
Page 15 of 15