LEAVE POLICY (HR2415) (REDLINED) 06-27-2018.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE Current Adoption Date: 06-217-20178 Current Implementation Date: 076-0127-20178 Approved by: Board Agenda Number: C-31-17-039-6-01 BOARD OF SUPERVISORS Original Adoption Date: 12-17-2008 I. PUROPOSE To outline Maricopa County’s comprehensive plan for approved employee leaves of absence and to set forth the policies for establishing employee leave practices.Also, to describe Maricopa County’s plan for compliance with the federal Family & Medical Leave Act (FMLA). It is the policy of Maricopa County to comply with the requirements of the FMLA and all other employee leave- related state and federal laws. II. AUTHORITY This Policy has beenis authorized by the Board of Supervisors pursuant to A.R.S.§11-251. All forms of leave not specifically authorized by this Policy are subject to approval by the Board of Supervisors. III. APPLICATION This Policy applies to full time and part time classified and unclassifiedall employees of Maricopa County elected offices and appointed departments as well as the Flood Control District, the Library District, and the Stadium District; however, certain types of leave are granted only to certain types of, and, where noted, to contract employees, temporary employees and employees on initial probation. This Policy does not apply to individual Elected Officials or employees of the Judicial Branch. Volunteers are not employees and, therefore, are not subject to the provisions of this Policy. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a Departmentt/Special District, or the designated representative authorized to act in this capacity. B. Authorized Arizona Retirement System/Plan: The statutorily-authorized Arizona retirement system into which a County employee is required to contributes, generally with some level of matching contributions by the County (e.g., Arizona State Retirement System, Public Safety Personnel Retirement System, County Attorney Investigators Retirement Plan, Probation Officers Retirement Plan, and Corrections Officer Retirement Planetc.). C. Base Pay Rate: An employee’s established rate of pay, exclusive of any differentials, incentives, or other pay. D. Classified Employee: For purposes of this policy, An employee covered Classified Employee includes all individuals in the County service who are addressed by an applicable set of Merit Rules (i.e. Employee Merit System Commission or Law Enforcement Officers Merit System Commission). Excluded are employees identified as temporary or contract employees; and employees specifically identified as unclassified.Probationary employees occupying a classified position follow the portions of this policy applying to Classified Employees even though they are in an at-will status until the completion of probation. E. Contract Employee: 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). E. An unclassified, at-will employee whose terms and conditions of employment are limited to those contained in a written agreement. The written agreement, which must be in a form approved by Employee Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 Compensation and the Director, Human Resources (HR), and approved by the Board of Supervisors, must expressly provide that either the County or the employee are free to terminate the contract at any time. Contract employees shall, at the beginning of each fiscal year, execute a form acknowledging their contract employment, as herein defined. Contract employees and positions are subject to the same budgetary requirements as regular employees and positions. Contract employees are eligible for paid Sick Leave, Holiday Leave, Bereavement Leave, Jury Duty Pay, Crime Victim Leave and Witness Leave subject to the requirements in this Employee Leave Policy and may be provided with a bank of Vacation Time. Contract employees may be benefits-eligible, subject to the discretion of their Appointing Authority, the approval of the HR Director, and the express terms of their agreement, and provided that the employee meets the same eligibility requirements as classified and unclassified employees. However, if a retiree from an Authorized Retirement System returns to work within a year of his/her retirement date in the same retirement system, and the retirement system restricts the number of hours the retired employee can work in their first year of retirement, he/she may receive part- time benefits – subject to Appointing Authority discretion and the approval of the HR Director -- regardless of the number of hours he/she is scheduled to work. After the contract employee is beyond the first anniversary of his/her retirement from the Authorized Retirement System, the employee, at the discretion of the Appointing Authority and with the approval of the HR Director, may be eligible for benefits, but under the same terms and conditions as classified and unclassified employees. F. County Administrative Manual: The official Maricopa County manual containing the policies and procedures approved by the County Manager (and where applicable, the HR Director) to provide guidance to the County’s managers and supervisors on the proper administration of County policies and plans. 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 d Retirement System into which the employee currently contributes, or the number of continuous years of service with Maricopa County, whichever is greater. For purposes of this definition, retirement from a position in one Authorized Arizona Retirement System and re-hire into a position in another Authorized Arizona Retirement System (e.g. from Public Safety Personnel Retirement System into Arizona State Retirement System) on the next business or scheduled work day does not constitute continuous service. Individuals who are re-employed with Maricopa County after retiring from an Authorized Arizona Retirement System (e. g., Arizona State Retirement System) do not receive prior service credit upon re- employment because they return as non-contributing members to the retirement system. H. Executive Compensation Package: A package of compensation, benefits, and leave options established for executive management positions equivalent to department deputy director or above. H.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) for additional information. I. FMLA-Qualifying Event: An event that qualifies under the FMLA, permitting an employee to take a job- protected leave of absence. J. Furlough: Mandatory unpaid leave imposed on classified, unclassified, initial probationary, contract and temporary employees as the result of a budget deficit or shortfall. A furlough may be imposed as an alternative to, or in conjunction with a Reduction in Force (see HR 2403). Furloughs are not suspensions or involuntary demotions for purposes of Section 16 (“Appeal By Employee”) of the Maricopa County Employee Merit System Resolution and Employee Merit System Rule 10.01 (“Matters Which May Be Appealed”). K. Head Start Contract: At-will employees in Human Services Education Division who do not typically work year round. Page 2 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 J.L. HR Director: The single executive appointed as the director of County Human Resources or the designated representative authorized to act in that capacity. M. Leave Adjustment Incentive: Increased vacation and sick leave accrual rates and/or hours added to an employee’s leave bank when their position is identified as critical and difficult to fill or retain. K.N. Initial Probation: A specified period of time following the employment of an employee in a budgeted position in the classified service, during which the work performance of the employee is evaluatedserves in an at-will status, and. An employee may be released from employment initial probation for or without cause. An employee serves an initial probation period upon their most recent employment into any classified position, to include at the time of hire, promotion, demotion or transfer into any classified position. V. Recognition Leave: Additional paid leave awarded to incentivize and recognize employees for outstanding contributions that clearly demonstrate excellence on a project, task or function.Maricopa County Employee Compensation Plan: The plan approved by the Board of Supervisors establishing Maricopa County's employee compensation strategy and addressing related matters. A. Regular Employee: An employee occupying a classified position who has successfully completed his/her initial probation. O. P. Temporary Employee: An at-will employees hired to work less than one (1) year or sporadically on an as-needed basis (e.g. election workers). Temporary employees are only eligible for who works on an as- needed basis, generally for a limited number of hours or a limited period of time. Temporary employees are not covered by any of the Maricopa County Merit System Rules; are typically non-exempt under the Fair Labor Standards Act (FLSA); are not eligible for Holiday Pay or a Floating Personal Day; and do not accrue or receive paid leave, other than Sick Leave as required by state law, Jury Duty Leave if during the term of their assignment, Witness Leave and Administrative Leave. B. Temporary employees are not eligible for medical benefits, and do not participate in a retirement program (unless they exceed the 20/20 provisions below). Temporary employees are eligible for pay increases through the County’s salary advancement process. A temporary employee must meet one of the following conditions: 1. The employee works 20 or more hours per week for up to 19 weeks, and fewer than 20 hours per week for the remainder of the fiscal year; 2. The employee works 20 or more hours per week for fewer than 20 weeks in a fiscal year; 3. The employee works fewer than 20 hours per week for the entire fiscal year; or 4. The employee is not subject to Social Security coverage under section 218 of the Social Security Act. C.Q. Unclassified Employee: An at-will employee not covered by the Employee Merit System as determined by the Board of Supervisors or the Law Enforcement Officers’ Merit System.occupying an unclassified position, or who is otherwise designated as unclassified. For purposes of this Leave Policy, the term “unclassified” does not include contract or temporary employees, or employees on initial probation. V. EMPLOYEE LEAVE POLICY VI. Employee Leave Policy consists of eleven (11) types of paid leave: Vacation, Sick Leave, Bereavement Leave, Civic Duty Leave, Jury Duty Leave, Witness Leave, Crime Victim Leave, Military Leave, Administrative Leave, Holiday, and Floating Personal Day. This Policy also Page 3 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 addresses qualifying leave under the FMLA, which may be paid or unpaid, or a combination of the two. Finally, this Policy addresses two types of unpaid leave: the Furlough Day Off (FDO), and Leave without Pay (LWOP). The Department responsible for administration of personnel functions and policies (“Human Resources” or “HR”) shall consider all relevant factors, including market data and the County’s financial situation before recommending changes to this Policy deemed necessary to maintain a competitive position in the labor market. The Board of Supervisors shall approve any changes to this Policy before they are placed into effect. Any exceptions to this Policy must be approved by the Board of Supervisors. VII.V. VACATION TIME A. Purpose: Vacation time may be used: 1. by eligible employees oOn a discretionary basis for any purpose, subject to the Appointing Authority’sdepartmental approval processes established by the Appointing Authority, and, based on the business needs of the Department.; 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 the employee has insufficient Sick Leave. A.B. and Eligibility Requirements: Vacation time may be used by eligible employees on a discretionary basis for any purpose, subject to the Appointing Authority’s approval, based on the business needs of the Department. Only Classified, Unclassified, and Contract, and Head Start Contract Employees whose regular work schedulestandard hours areis at least 20 hours per week are eligible to accrue or receive Vvacation Ttime. Contract and Head Start Contract Employees may receive an annual lump sum grant of Vacation Time not to exceed the amount that a Classified Employee with equivalent Credited years of sService would accrue in a calendar year on a prorated basis. Temporary Employees are not eligible for Vacation Time. B. Typical uses of Vacation time include but may not be limited to: vacations, personal business meetings (e.g., meetings with a tax advisor), and family- oriented events such as school events and family gatherings. Vacation time may also be used for medical appointments and any Sick Leave event if the employee has insufficient Sick Leave to cover the event, and shall also be used for qualifying leave under the FMLA where the employee has insufficient Sick Leave C. Accrual Rates:. Vacation Ttime is accrued by all Classified and Unclassified Employees whose regular work schedule is at least 20 hours per week. Vacation time is not accrued by nor awarded to contract, temporary and employees appointed without leave. However, Contract Employees may receive an annual lump sum award of vacation hours not to exceed the amount of leave a Classified Employee with equivalent years of service would accrue in a calendar year on a prorated basis. D.C. Classified and Unclassified Employees who are in a pay status of 40 hours per week shall accrue Vacation time as follows: MONTHS OF HOURS PER HOURS PER CREDITED SERVICE PAY PERIOD YEAR 0 -36 months 4.65 120.9 37-72 months 5.55 144.3 73-120 months 6.90 179.4 121-180 months 7.90 205.4 Page 4 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 181-228 months 8.50 221.0 229 months plus 8.80 228.8 Vacation Time accruals are prorated fFor Classified and Unclassified Employees in a paid status of 20 to 39.99 hours per week, the above Vacation Time accruals will be prorated. Eligible employees who are in a pay status of 20 to 39.99 hours per week shall accrue Vacation time on a pro-rata basis, based on hours paid and months of credited service, as shown in the above schedule. 1. Examples: a. An employee with 96 months of service who is paid for 48 hours in a pay period would accrue 4.14 hours (60% of 6.9 hours) for the two-week pay period. [48 hours divided by 80 hours = 60%] b. An employee with 60 months of service who is paid for 40 hours in a pay period would accrue 2.775 hours (50% of 5.55 hours) for the two-week pay period. [40 hours divided by 80 hours = 50%] c. An employee with 144 months of service who is paid for 64 hours in a pay period would accrue 6.32 hours (80% of 7.9 hours) for the two-week pay period. [64 hours divided by 80 hours = 80%] 2. Classified and Unclassified Employees accrue Vacation time beginning on the first day of employment with the County. E.D. Impact of Absences on Vacation Time Accruals of Vacation Time:. Vacation Ttime will continue to accrues during any approved absence with pay, but shall not accrue during any hours that are coded as Leave Without Pay (LWOP) status or Donated Leave. Vacation Ttime will accrues on a pro rata basis during any pay periods where the employee takes LWOP for some, but not all of the pay period.Vacation time shall not be charged against an employee’s accrued balance for an authorized holiday that occurs while an employee is out on Vacation time. E. Maximum Hours of Vacation Time Carriedyover of Vacation Time Over from One Calendar Year Hoursto the Next Calendar Year: – Classified Employees. Classified Employees may carry over a maximum of 240 hours from one calendar year to the next. Unclassified Employees who accrue vacation hours may carry over a maximum of 320 hours from one calendar year to the next. Hours in excess of 240 hoursthese maximums at the end of each calendar year shall be transferred to the employee’s Sick Leave balance at the end of each calendar year. Contract Employees may not carryover Vacation Time to the following year. Classified Unclassified Contract/Head Start Contract 240 Hours 320 Hours No Hours Hours in excess of these maximums for Classified and Unclassified Employees are transferred to the employees’ Sick Leave balances at the end of each calendar year. F. Carryover of Vacation Hours – Unclassified Employees. Unclassified Employees who accrue vacation hours may carry over a maximum of 320 hours from one calendar year to the next. Hours in excess of 320 hours at the end of each calendar year shall be transferred to the employee’s Sick Leave balance. G.F. Requirements for Use of Accrued Vacation Time:. Any employee whose regular work schedule is 20 hours per week or more is eligible to uUse of Vacation Time is accrued Vacation at any time, subject to the departmental approval processes established by of the employee’s Appointing Authority and the Page 5 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 following requirements and restrictions: 1. Advance Approval: If the need to use Vacation Ttime is foreseeable, the employees must request and be granted approval in advance of using the Vacation time. Advance approval should be requested at least two (2) business days in advance of the vacation day(s)hours requested, unless the department’s written policy requires a longer period of time. The Appointing Authority has discretion to approve Vacation time with less than two (2) days advance notice. 2. Unscheduled LeaveNo Advance Approval: If the need for Vacation Ttime is unforeseeable, the employees must notify the department his/her direct supervisor, Appointing Authority, or other authorized person, of the employee’s need for the leave as soon as is practicable following the department’s approval procedure. Employees must call or speak directly with their direct supervisor, Appointing Authority, or other authorized person about the need for unanticipated Vacation time, or else approval may not be given. Further, the employee must disclose to the direct supervisor,The Appointing Authority, or other authorized person the facts and may require the employee to disclose the circumstances warranting approval of the Vacation Ttime. If the Appointing Authority determines that the reasons provided or documentation submitted by the employee is inadequateor fraudulent, or if the employee is unable to provide any documentation or corroboration for the absence, the Appointing Authority has discretion to disapprove the use of Vacation Ttime. 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 LWOP (must be a full work day for exempt employees under the Fair Labor Standards Act), and discipline the employee for the unauthorized absence. 3. Short Term Disability (STD) RestrictionRequirement: Short Term Disability (STD) is a benefit plan that replaces a portion of an employee's salary while the employee is disabled. STD wage benefits are available to those employees choosing to participate in the plan. An employee seeking to utilize this benefit may have a waiting period before the STD benefit begins. Employees who have opted for the STD benefit plan insurance must use Sick Leave, Vacation Time, and or Leave Without Pay (in that order) during any applicable waiting period in the following way: Sick Leave must be used first up to the applicable waiting period. If an employee does not have sufficient Sick Leave accrued to cover the applicable waiting period, Vacation must be used up to the equivalent of the applicable waiting period. If the employee does not have sufficient Sick Leave and Vacation accrued to cover the applicable waiting period, the employee will be placed on Leave Without Pay for the remainder of the waiting period until the STD benefit begins. 4. Workers’ Compensation BenefitsRequirement: An eEmployees who areis injured on the job must use accrued Sick Leave, and Vacation Ttime, and Leave Without Pay (in that order) for the seven (7) day waiting period before workers’ compensation benefits begin. Employees may also elect to sign a Ssupplemental Ppay Aagreement so that they mayto augment their workers’ compensation wage benefits with Sick Leave and Vacation Ttime accruals (in that order). 4.5. Resignation: Employees who turn in their resignation from employment shall not be allowed to “burn off” their paid leave by using Vacation Time to extend their last day of employment. H. Verification of Basis for Leave. Where an employee takes Vacation time without obtaining advance approval, the Appointing Authority has discretion to require that the employee submit documentation or corroborating evidence substantiating the need for the Vacation time, including but not limited to an invoice documenting the unanticipated event, such as for an auto or home repair, or a written explanation of the situation with a business number that could be called (e.g., child’s school or day care) to confirm the event. I. Procedure for Insufficient Verification. If the Appointing Authority determines that the documentation submitted by the employee is inadequate or fraudulent, or if the employee is unable to provide any documentation or corroboration for the absence, the Appointing Authority has discretion to disapprove the use of Vacation time. In such a situation, the Appointing Authority may consult with legal counsel to determine whether it is appropriate to code the absence as Page 6 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 LWOP (must be a full work day for exempt employees under the Fair Labor Standards Act), and discipline the employee for the unauthorized absence.Vacation Time J.G. Payout of Accrued Vacation Time Upon Separation from Employment:. At the time aAll Classified andor 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 separates from County employment, all accrued Vacation Ttime will be paid out at their employee's current Bbase Ppay Rrate. (as defined in the Maricopa County Compensation Plan). However, no Classified or Unclassified Employee who separates from County employment during his/her first six (6) months of continuous employment will be paid for accrued Vacation time. Contract and Head Start Contract Employees are not eeligiblentitled tofor this payout. H. Donation of Vacation Time: All Classified andor Unclassified Employees who have completed at least twelve (12) months of continuous employment with the County (non-temporary, non-contract) may An employee who accrues Vacation time is eligible to donate their accrued Vacation hours Time to another employee’s Sick Leave accrual 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: A donation of Vacation Ttime is permitted where the donation will assist another Classified, Unclassified, Contract, or Head Start Contract eEmployee (the “rRecipient”) whose standard hours are at least 20 hours per week and whose Sick Leave and Vacation Time accruals or bank balance are insufficient to cover an absence caused by athe recipient’s serious health condition as defined by the FMLA for the Recipient or his/her “Immediate Family Member”. For purposes of Donation of Vacation Time, “Immediate Family Member” includes Recipient’sor the serious health condition as defined by the FMLA of the recipient’s employee 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)son, daughter or parents (biological, adopted, foster, step, or individual who stood in loco parentis to the Recipient when he/she was a child). The following conditions apply to the use of donated Vacation time: 1.2. The dollar ratio value of donated Vacation Ttime isto the recipient’s Sick Leave accrual balance will be adjusted proportionately to the salaries of the donor andBase Pay Rate of the rRecipient for purposes of calculating the hours to be added to the rRecipient’s Sick Leave balance. Departments should only submit donations to cover current pay periods; A recipient is limited to receiving no more than 480 hours of donated leave in a rolling year beginning from the first request for donated leave. 3. Upon receipt of donated leave, the recipient’s Sick Leave accrual balance shall be increased in an amount The donated leave amount shall not to exceed coverage needed for immediate use by the rRecipient in the current pay period. The remaining donated leave hours are applied each pay period as needed during the course of an approved leave. Leave donations that exceed the total number of hours needed by the Recipient shall be returned to the donating employee(s). 4. If there is insufficient leave donated for the pay period, the remaining scheduled hours will be LWOP. 2. Any lLeave donations that exceed the 480 hour maximum or the total number of hours needed by the recipient for the duration of the approved leave, whichever is less, shall be returned to the donatgifting employee(s). 3.5. Department Approval: To obtain request department approval for donations of leave, a Recipientn employee should submit the following to the Appointing Authority: a. Submit a A written donation of leave request to the Appointing Authority, which the employee has Page 7 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 signed and dated by the Recipientemployee; and b. Submit dDocumentation to the Appointing Authority from a health care provider which states that the Recipientemployee or his/her “Immediate Family Member” isis under the care of thea healthcare provider for a serious health condition as defined by the FMLA has a need that is expected to cause an absence from work of at least two (2) consecutive weeks or that states the need for. Documentation of intermittent medical treatment for radiation, chemotherapy, or dialysis may also be submitted80 hours in a rolling year from the date of the first absence. 4. If applicable, documentation of the need for intermittent medical treatment related to the serious health condition for which an employee is undergoing treatment (e.g. chemotherapy, radiation, dialysis, etc) should also be provided. 6. HR Director Approval: To obtain approval for a donation of leave, the Appointing Authority must submit a request to the HR Director or designee for authorization to ask solicit department employees for donations of leave. The request shall must state that: a. : a. tThe recipient’s need for leave is for atheir owna serious health condition as defined by the FMLA for the Recipient or his/her “Immediate Family Member”. b. ; . b. tThe rRecipient has exhausted or will have exhausted all of his/her accrued Sick Leave and Vacation Ttime or vacation bank before his/her anticipated return date. c. ; and d. tThe situation giving rise to the donation of leave request will is expected to cause an absence from work of at least two (2) consecutive weeks or the employee requires intermittent medical treatment for radiation, chemotherapy or dialysis80 hours in a rolling year. e. To discontinue a donation of leave authorization, the Appointing Authority must submit a request to stop donations to the HR Director at least two (2) weeks prior to the requested end date. c. A temporary employee or an eEmployees who isreceiving Workers’ Compensation, Short Term Disability, or Long Term Disability benefits shall are not be eligible to receive donated leave. 5. Employees using Donated Leave do not accrue Sick Leave or Vacation Time even though they are in a paid status. VIII.VI. SICK LEAVE A. Purpose and Eligibility Requirements.: Sick Leave (which includes Earned Paid Sick Time as defined by A.R.S. Section 23 -371 et seq.) is a paid absence from the workplace for an eligible employee who is absent due to: 1. due to pPersonal illness or injury., 2. aAn FMLA-qualifying event., 3. pPreventative, and routine, and unexpected medical or dental appointments for the employee or employee’s “Ffamily mMember”., 4. oOccasions that require the employee to care for a “fFamily mMember” who is ill or injured., Page 8 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 5. absence due to dDomestic violence, sexual violence, abuse, or stalking as defined by state law., or 6. aAny other purpose authorized by state law. B. Within the context of Sick Leave, a “Family Member” includes an employee’s: 1. Spouse, the person to whom the employee is legally married under the laws of any state, as well as the employee’s or spouse’s: 2. Child (biological, adopted, foster, step, legal ward, or child to whom the employee or spouse stand in loco parentis currently or when the child was a minor). 3. Parent (biological, adopted, foster, step, legal guardian, or any person who stood in loco parentis when the employee or spouse was a minor child). 4. Grandparent or grandchild (biological, adopted, foster, or step). 5. Sibling (biological, adopted, foster, or step). 6. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. A.C. Eligibility Requirements: Employees are eligible to accrue Sick Leave beginning on the first day of employment with the County and may begin using accrued Sick Leave as it is earned. B. Within the context of this Sick Leave provision, a “family member” includes the following: 1. 1) a spouse or domestic partner (any person to whom the employee is legally married under the laws of any state or a domestic partner of an employee as registered under the laws of any state or political subdivision); 2) a child (any age), including biological, adopted, stepchild, legal ward, child of domestic partner, or child to whom the employee stands in loco parentis currently or when the child was a minor), 3) a parent (biological, foster, stepparent or legal guardian of the employee, employee’s spouse or domestic partner, or any person who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child), 4) grandparent or grandchild (whether of a biological, foster, adoptive or step relationship of the employee, the employee’s spouse or domestic partner), 5) sibling (whether of a biological, foster, adoptive or step relationship of the employee, the employee’s spouse or domestic partner), 6) any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. Typical uses of Sick Leave include but may not be limited to the following kinds of absences: the employee’s incapacity due to a cold or flu; for an unexpected medical appointment or medical testing; to attend routine or preventative medical or dental appointments; so that an employee may care for an ill child, or due to an FMLA - qualifying event. Please note: although Workers’ Compensation laws apply to on-the- job injuries, Sick Leave, if available, must be used for the seven (7) calendar day waiting period before Workers’ Compensation wage benefits commence. D. Accrual Rates: 2.1. . Classified Employees: Accrue Effective July 1, 2017, Sick Leave is accrued by all Classified Employees 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, as set forth below. Classified Employees MONTHS OF ACCRUED SICK LEAVE TOTAL PER CREDITED SERVICE PER PAID HOUR YEAR CAP 0-36 Months .0333 40.0 Page 9 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 37-72 Months .0333 48.1 73 Months plus .0333 59.8 2. Unclassified eEmployees: will aAccrue Sick Leave in greater increments based upon months of credited service, as set forth below, 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 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. When Temporary, Contract, and Head Start Contract Employees’ work or contracts end, any Sick Leave remaining is forfeited subject only to the reinstatement provisions set forth in this policy. Temporary, Contract, and Head Start Contract Employees MONTHS OF ACCRUED SICK LEAVE TOTAL PER CREDITED SERVICE PER PAID HOUR YEAR CAP Any .0333 40 4.5. Full-time Exempt Employees: Aaccrue Sick Leave based upon a maximum of 80 paid hours in a pay period. Exempt employees who record less than 80 paid hours in a pay period will accrue Sick Leave based upon the total number of paid hours. Under no circumstances will an exempt employees be eligible to accrue Sick Leave on more than 80 paid hours in a pay period. 5. For Temporary and Contract employees, the accrual rate will be one hour 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. When the temporary or contract employees’ work or contract ends, any available Sick Leave remaining shall be forfeited subject only to the reinstatement provisions set forth in Section XI below. Temporary and Contract Employees MONTHS OF ACCRUED SICK LEAVE TOTAL PER CREDITED SERVICE PER PAID HOUR YEAR CAP Any .0333 40 C. Impact of Holidays Occurring During Sick Leave. Sick Leave shall not be charged against an employee’s accrued balance for an authorized holiday that occurs while an employee is on continuous Page 10 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 Sick Leave. D.E. Requirements for Use of Accrued Sick Leave:. Employees are eligible to use accrued Sick Leave subject to the following requirements and restrictions: 1. Sick Leavedays must be used in accordance with this policy are not intended to be used as a substitute for vacation days or as a way to otherwise obtain paid time off. Acceptable documentation or proof of illness may be required for absences of three (3) or more consecutive days. 2. Employees must make a good faith effort to provide as much advance notice of foreseeable appointments as possible and a reasonable effort to schedule foreseeable medical or dental appointments so that they do not interfere with County or department business operations. 3. Employees shall request the use of Sick Leave, and whenever possible, include the expected duration of the absence. Departments may develop specific written call-out procedures for unforeseeable absences in which the employees isare requesting the use of Sick Leave. An employee’s request to use Sick Leave shall not require documentation (other than for an absence of three or more consecutive days) for up to the first 40 hours taken in a calendar year. If an employee requests to use more than 40 hours of Sick Leave in a calendar year, the employee may be required to submit documentation substantiating the need to use additional Sick Leave, unless the absence qualifies for FMLA-protected leave or as an accommodation under the ADA. 4. FMLA: If an employees, or one of their employee’s qualifying family members, haves a qualifying event under the FMLA, the provisions of federal law and County policy shall be followed. (See HR2413.) E. Restrictions on Use of Sick Leave. The following restrictions apply to the use of accrued Sick Leave balances: 1.5. Short Term Disability (STD) Requirement: striction. Short Term Disability (Employees who have opted for the STD insurance) is a benefit plan that replaces a portion of an employee's salary while the employee is disabled. STD wage benefits are available to those employees choosing to participate in the plan. An employee seeking to utilize this benefit may have a waiting period before the STD benefit begins. Employees must use Sick Leave, followed by Vacation Time, and thenor Leave Without Pay (in that order) during any applicable waiting period in the following way: Sick Leave must be used first up to the equivalent of the applicable waiting period. If an employee does not have sufficient Sick Leave accrued to cover the applicable waiting period, Vacation must be used up to the equivalent of the applicable waiting period. If the employee does not have sufficient Sick Leave and Vacation accrued to cover the applicable waiting period, the employee will be placed on Leave Without Pay for the remainder of the waiting period until the STD benefit begins. 6. Vacation Time and Workers’ Compensation Benefits.Requirement: EmployeesAn employee who areis injured on the job must use accrued Sick Leave, followed by and Vacation Ttime, and then Leave Without Pay (in that order) for the seven (7) day waiting period before workers’ compensation benefits begin. If the employee does not have sufficient Sick Leave and Vacation accrued to cover the applicable waiting period, the employee will be placed on Leave Without Pay for the remainder of the waiting period. Employees may also elect to sign a Ssupplemental Ppay Aagreement toso that they may augment their workers’ compensation wage benefits with Sick Leave and Vacation tTime (in that order) leave accruals. 2.7. Resignation: Employees who turn in their resignation from employment shall not be allowed to “burn off” their paid leave by using Sick Leave to extend their last day of employment. Supervisory Discretion to Send an Employees Home: On Sick Leave. F. A Supervisors canmay has discretion to send an an employee home if the employee: Page 11 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 1. the employee cComess to work ill, or if; or the employee dDevelopss or/ exhibitss an illness or condition while at work which, in the judgment of the supervisor, impairs their ability of the employee to be productive and/or which could jeopardize the health or physical safety of co-workers or the public.; or 2. The department has requested a release to return to work statement and the employee returns from a medical related absence of greater than three consecutive days without first providing the requested documentation from their healthcare provider. Any resulting lost work time will first be is charged against the employee’s’ Sick Leave accruals, followed by Vacation Time, and then Leave Without Pay (in that order)..If the employee’s Sick Leave bank is insufficient to cover his/her lost time, then it will be charged against the employee’s Vacation accruals. G. Restrictions on Disciplinary Action Relating to Use of Sick Leave:. No employees may be subject to discipline under any time or attendance policy due to their use of Sick Leave of up to 40 hours in a calendar year. However, failure to follow a written dDepartmental call-out procedure, a copy of which has been provided to the employees, for the use of Sick Leave may result in disciplinary action absent extenuating circumstances. After an employee has used 40 hours of Sick Leave in a calendar year, any additional uses of Sick Leave may be subject to the restrictions of a Ddepartmental time or attendance policy, including possible discipline for poor attendance unrelated to the protected 40 hours of Sick Leave. No Ddepartmental time or attendance policy can provide for disciplinary action for any absences that are protected by the FMLA or authorized as an accommodation under the Americans with Disabilities Act (ADA). F.H. Retaliation/Complaints:. No employees shall be subject to retaliation or discrimination as a result offor 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. EIf any employees who believes that theyhe/she haves been subjected to unfair treatment as a result of their use of leave protected by state or federal law, shouldplease follow the complaint process outlined in HR 2405 (Employee Workplace Concerns) or HR 2406 (, Prohibition Against Discrimination, Harassment, and Retaliation). IX. QUALIFYING LEAVE UNDER THE FAMILY/MEDICAL LEAVE ACT Qualifying leave under the FMLA will at all times be managed consistent with federal law and with the provisions of County policy HR2413, “FMLA-Approved Leaves of Absence.” A. Duration of FMLA Leave – Employee’s Serious Health Condition. Leave due to a personal serious health condition may be limited to 12 weeks in a 12-month period calculated as a “rolling” 12-month period measured forwards from the date of any FMLA leave usage. Additional leave may be granted as an accommodation under the Americans with Disabilities Act. Absent such an accommodation, where an employee has exhausted his/her leave entitlement under the FMLA and cannot provide written documentation from his/her health care provider containing an imminent and definitive return to work date, the department may proceed with a medical termination and fill the newly-vacated position in accordance with HR2413. B. Duration of FMLA Leave – Other Qualifying Events. Leave for a qualifying event not related to the employee’s own serious health condition, may be limited to 26 weeks in a single 12-month period to care for an injured or ill service member, or 12 weeks in a 12-month period calculated as a “rolling” 12-month period measured forwards from the date of any FMLA leave usage for all other FMLA qualifying events. If an employee does not return to work after exhausting his/her leave entitlement, the department may fill the position in accordance with HR2413. C. Use of Sick Leave Beyond Duration of FMLA Leave. All accrued Sick Leave may be used by an employee for an FMLA-qualifying event, even if the employee's entitlement to leave under the Page 12 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 FMLA has been exhausted. However, while the employee may remain on Sick Leave until his/her accruals have been exhausted, the position occupied by the employee may, absent an accommodation under the Americans with Disabilities Act, be filled by the Appointing Authority when the employee exhausts his/her leave entitlement under the FMLA. In those cases where the employee is able to return to work after exhausting his/her leave entitlement under the FMLA but prior to exhausting his/her Sick Leave accruals, if the department has a budgeted position available that has a pay range equal to or lower than the employee's original position, and if the employee meets the minimum qualifications for the position, the Appointing Authority shall place the employee in the available position at the position's budgeted level. D. Procedures for Use of Leave During an FMLA-Approved Qualifying Leave: 1. If final, written approval for an FMLA-qualifying leave is given before the leave of absence begins, the Appointing Authority shall require that: a. The employee shall first use any accrued Sick Leave for the duration of the absence, or until Sick Leave is exhausted; b. After Sick Leave has been exhausted, the employee shall then use accrued Vacation time for the duration of the absence, or until Vacation time is exhausted; c. After all Sick Leave and Vacation time has been exhausted, the employee shall be placed on Leave Without Pay (LWOP) for the duration of the absence. 2. If final, written approval of an FMLA-qualifying leave occurs after the leave of absence begins, the Appointing Authority shall have the employee’s leave record revised to reflect the order of leave prescribed above. E. Verification of FMLA-Qualifying Leave. As provided in the County’s FMLA policy, HR 2413, an Appointing Authority shall take steps to verify that the absence giving rise to the request for FMLA leave qualifies under FMLA. The Appointing Authority may require the employee to submit substantiating evidence including, but not limited to, a certificate or detailed letter from a health care provider. County departments shall follow the procedures in HR2413 for all issues relating to FMLA leave. If the employee's request for leave under the FMLA is disapproved, the Appointing Authority may charge the time in the manner designated in Paragraph VII.D.1., above. Alternatively, the Appointing Authority may consult with legal counsel to determine whether it is appropriate to code the absence as LWOP (must be in full work day periods for employees exempt under the FLSA), and take disciplinary action against the employee for any appropriate reason, including but not limited to abuse of leave, or for taking unauthorized leave. F. FMLA Leave For On-The-Job Injury Runs Concurrent with State Workers’ Compensation Benefits. If an employee qualifies for FMLA leave due to a serious health condition covered by workers’ compensation, an employee may use accrued Sick Leave and Vacation time (in that order) for the seven day waiting period before workers’ compensation benefits begin. Employees may also elect to sign a Supplemental Pay Agreement so that they may use their leave accruals to supplement their workers’ compensation benefits. Whether or not the employee qualifies for and elects to sign the Supplemental Pay Agreement, the work-injury related absence and an employee’s FMLA- qualifying leave run concurrently. X.VII. HOLIDAY PAY A. Legal Paid Holidays: The County has 10 paid holidays (Legal Holidays to be observed with pay are: 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 the fourth Thursday in Page 13 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 NovemberThanksgiving Day;, and Christmas Day). 1. The Legal Paid Holidays with pay currently observed by County employees may be automatically revised as the result of subsequent legislative changes. 1.2. When aA holiday that falls on a Sunday, it is will be observed on the following Monday and; when a holiday that falls on a Saturday is, it will be observed on the preceding Friday. B. Eligibility for Use of Holiday PayRequirements: Classified, uUnclassified, and cContract, and Head Start Contract eEmployees who are not required to work on a Legal Holiday shall be compensated for a Legal Hthe holiday as follows: C.B. An employee must beif they are in a paid status (e.g., time regular hours worked, Vacation Ttime, Sick Lleave or any other paid leave) on his/hertheir scheduled day before and his/her scheduled day after a the Legal Paid Holiday in order to receive Holiday Pay. Temporary Employees and employees with standard hours regular work schedules of less than 20 hours per week areshall not be eligible for Hholiday pPay. D.C. Holiday Pay Rules:. The following rules govern pay for Legal Holidays: 1. Neither Vacation Ttime nor Sick Leave will be deducted from an employee’s’ accrued leave balances for a Legal Paid Holiday that falls within a group of days where they an employee is useing Vacation Ttime or Sick Leave. 2. Employees with standard hoursregular work schedules of 40 hours per week shall receive eight (8) hours of compensation for a Legal Paid Holiday. Employees with standard hoursregular work schedules of 20 to 39.99 hours per week shall receive a pro-rated amount for the holiday based on their standard hours regular work schedule. 3. Employees working a flexible schedule (e.g., four 10 hour days or a 9/80 schedule) will receive no more than eight (8) hours pay for a Legal Paid Holiday. Subject to their supervisors’ discretion, employees working flexible schedules in a week in which there is a Legal Paid Holiday who do not want to be in the workplace on a Legal Holiday have the following options: a. (1) they may uUse Vacation Ttime to make up the difference between the eight (8) hours of pay for the holiday and their remaining scheduled hours; or a.b. (2) they may aAdjust their work schedules to make up the time provided that the time is made up within the same work week in which the holiday occurred.Employees with regular work schedules of 20 to 39.99 hours per week shall receive a pro-rated amount for the holiday based on their regular work schedule.Employees with regular work schedules of less than 20 hours per week shall not be eligible for holiday pay. E.D. Holidays Pay Rules for Holidays Worked: Classified, Unclassified, and Contract, and Head Start Contract Employees who are required by their Appointing Authority to work on a Legal Paid Holiday, regardless of the day of the week on which such Legal Hholiday falls, shall be compensated as follows for the Legal Holiday worked: 1. Non-exempt eEmployees: Up to a total of eight (8) hours Holiday Pay based on the employee’s standard hoursregular work schedule (see VIII.B.2., above) up to a total of eight (8) hours; and pay for the hours actually worked. 2.1. Pay for the hours actually worked. Note: Holiday pPay does not count as time worked for the purpose of calculating overtime eligibility. At the discretion of the Appointing Authority, non-exempt employees who are required to work on a Legal Paid Holiday may receive equal time off (hour for hour actually worked on the holiday up to a maximum of 8 hours) from the employee’s’ standard hoursregular work Page 14 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 schedule within the same workweek in which the Legal Paid Holiday occurs. 2. Exempt Employees: ExemptThe employee’s’ 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 Hholiday pPay) during the pay period in which the Legal Paid Holiday occurs. If the Appointing Authority is unable to adjust the employee’s’ work schedules, in addition to regular hours worked, they will receive Holiday Pay for the hours worked on the Legal Paid Holiday up to a maximum of eight (8) hours. XI. (i.e., whether the employee has worked more than 40 hours); alternatively, XII. Holiday Pay based on the employee’s regular work schedule, up to a total of eight XIII. (8) hours, and equal time off (hour for hour actually worked on the holiday) XIV. from the employee’s regular schedule within the same pay period in which the Legal Holiday occurs. XV. OTHER AUTHORIZED LEAVES OF ABSENCE VIII. FLOATING PERSONAL DAYS A. Eligibility Requirements: Classified and Unclassified Employees whose standard hours are 40 hours per week are granted eight (8) hours of paid leave each calendar year as a Floating Personal Day (pro- rated 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 of Floating Personal Day: Use of Floating Personal Days, including splitting them over two days, is subject to pre-approval according to the departmental approval processes established by the Appointing Authority and the needs of the department, and will not be approved after the fact for an unanticipated absence from work. C. Expiration: Floating Personal Days 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 them apart from peers and has a positive impact on the department or County) on a project, task, or function that has occurred within the last 12 months: 1. In increments of 4 or 8 hours, depending on the performance worthy of recognition. 2. Not to exceed a total of 8 hours per employee during a calendar year. 3. No more than approximately 10% of a department’s workforce may receive Recognition Leave in any one 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 shall be 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. Awards shall only be given for clearly identified and outstanding contributions by employees. C. Use of Recognition Leave: Page 15 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 1. An employee’s ability to use Recognition Leave must be pre-approved according to departmental approval processes and is subject to the needs of the department. 2. An employee may request to use Recognition Leave starting the pay period it is loaded into the County’s leave management system and may not use it prior to the current pay period in which the department approves its use. 3. Use of Recognition Leave will not be approved after the fact for an unanticipated absence. 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. E. Appointed Departments: Appointing Authorities in appointed departments must annually submit a summary of Recognition Leave earned by their employees to their Assistant County Manager or Deputy County Manager for review. XVI. Classified, Unclassified, and Contract (where specifically stated) Employees may also obtain authorization for the following paid and unpaid leaves of absence, unless otherwise noted: X. BEREAVEMENT LEAVE. A. Eligibility Requirements:. With the approval of the Appointing Authority, a Classified, Unclassified, or Contract, or Head Start Contract Employees may use receive paid bBereavement lLeave for each occurrence of the death of a “Ffamily Mmember”r as outlined below. The Appointing Authority may require documentation substantiating the need for Bereavement Lleave. For purposes of Bereavement Leave, a “Ffamily Mmember” includes the following: an employee’s spouse to whom he/she is legally married under the laws of any state/domestic partner,; parentsmother (biological, adopted, foster, step, in-law, or individual who stood in loco parentis to the employee when he/she was a child); father;, siblingsister (biological, adopted, foster, step, in-law, or half);, childbrother (biological, adopted, foster, step, in-law, or child to whom the employee stands in loco parentis);, son or daughter; sons and daughters-in-law; parents in-law; 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 grandparents-in-law; sisters and brothers in-law; aunts, and uncles; grandparents;, grandchildren; custodial persons; half-siblings; nieces, and nephews;, or first cousins; and the full spectrum of step and half relations. It also includes a reportable occurrence under Arizona law of fetal death of a listed relation. B. Time AvailableLeave:. For each occurrence of the death of a “Family Member,” eligible employees may receive up to paid Bereavement Leave of: 1. up to 24 consecutive working hours when travel outside of Arizona is not required. 2. 40 consecutive hours I if the occurrence of death requires the employee to travel outside of Arizonathe State., eligible employees may receive paid Bereavement Leave of up to an additional 1640 working hours. B. Additional Time Needed:. Bereavement Leave may also be taken in conjunction with other forms of qualifying leave (e.g., Vacation Time or Sick Leave) subject to the provisions of this policy. Eligible employees will be required to use Vacation time where the requested time away from work for bereavement purposes exceeds the maximum time permitted under this policy. C. The Appointing Authority may require documentation substantiating the need for Bereavement Leave. XI. CIVIC DUTY LEAVE. Civic Duty Leave is available for two reasons: A. Purpose: Civic Duty Leave may be used: Page 16 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 1. 1) tTo exercise the right to vote consistent with state law, or 2. 2) fFor other authorized civic activities that have been with pay may be pre-approved by the County Manager for attendance at: Combined Charitable Campaign events; Diversity events; or for employees who volunteer to assist the Maricopa County Elections Department with elections and election-related activities. Other events may also be pre-authorized for Civic Duty Leave by the Board of Supervisors or County Manager (e.g., These include, but are not limited to: 1) Combined Charitable Campaign Eevents,; 2) D iversity events; or 3) Events where employees assisting the Maricopa County Elections Department with elections and election-related activities). B. Eligibility Requirements: For purposes of voting, all employees eligible to vote may receive Civic Duty Leave as outlined below in this policy. For all other purposes of Civic Duty Leave, Classified, Unclassified, and Contract, and Head Start Contract Employees may be eligible. Use of Civic Duty Leave Requirements: C. 1. To Vote: For purposes of voting, aAll employees eligiblentitled to vote may receive up to three (3) hours to vote in an election if their employee’s scheduled shift does not permit a three (3) consecutive hour period in which the polls are open for them employee to vote. a. Civic Duty Leave to vote must be requested prior to 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. The Appointing Authority may designate the hours when the employee may be absent from the workplace and require evidence of eligibility to vote. 1. For purposes of aAll other aApproved Civic Duty eEvents:, Except for time needed to vote in an election (see Paragraph IX.B.2., below), an eEmployee’s’ (excluding Temporary Employees) ability to attend pre-authorized events and functions is dependent upon the needs of the department and the supervisor’s discretionis subject to departmental approval processes.Contract Employees are not eligible for Civic Duty Leave. In addition, employees in the following circumstances may be eligible for Civic Duty Leave: 2. An Appointing Authority may permit an employee to be absent with pay for the purpose of engaging in the performance of a County-sponsored community service program that is not substantially similar to the functions of the employee’s position with Maricopa County. An employee's involvement or participation in the County-sponsored community service program must be on a voluntary basis, and is subject to the needs of the department and the Appointing Authoritydiscretion. 3. An eligible employee may be compensated for up to three (3) hours of work time to vote in an election when the employee’s scheduled shift does not permit a three (3) consecutive hour period in which the polls are open for the employee to vote. Absence with pay to vote must be requested prior to the day of the election, and the Appointing Authority may designate the hours when the employee may be absent from the workplace. The Appointing Authority may require evidence of eligibility to vote prior to approving time off to vote. 4.2. XII. JURY DUTY LEAVE: A. Eligibility Requirements:. Classified, Unclassified, Contract, and Head Start Contract Employees areshall be compensated for their standard hours regularly scheduled work hours during which they report Page 17 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 to serve or are serving Absence for jury duty shall be permitted with pay when an employee is called to serve on a municipal, county, state, or federal jury during regularly-scheduled work hours. Temporary Employees are not eligible. B. Jury Duty LeaveUse of Jury Duty LeaveRequirements: 5.1. Employees must follow departmental approval processes and provide notice Employees must submit leave slips notifying their supervisors of the summons in advance of the scheduled jury duty. DepartmentsAn employee’s regular pay will be reduced by any amount paid from the court for jury duty, excluding mileage reimbursement. Employees may be required to submit verification of their jury duty to their Appointing Authority.In addition: 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 work week that they attended jury duty; or b. Use Vacation Time. 6.3. Employees on an alternative work schedule (e.g., 4 days/10 hours) may beare paid for all their standard regularly-scheduled work 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 will receives 8 hours of jury duty pay). If an employee on an alternative work schedule attends jury duty for fewer hours than the employee was 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), the employee, in conjunction with his/her supervisorsubject to the discretion of the Appointing Authority, may: address the remaining scheduled work hours through one of the following options: (1) the employee may wWork the remaining scheduled hours for that day on the same day that the employee attended jury duty ; (2) the employee may takeUse Vacation Ttime; or 7. (3) the employee may wWork the remaining scheduled hours within the same work week. 4. When an eEmployees summoned for jury duty who areis regularly assigned to work on a second or third shift, the supervisor must alter the employee’s work schedule must have their work schedulebe altered to permit so that them employee is able to fulfill theirhis/her obligation to attend jury duty. 8. Jury Duty Payment: An eEmployee’s keep their jury duty payment from the Court. Employees’ regular pay iswill be reduced by this paymentany amount paid from the court for jury duty, excluding mileage reimbursement, unless the , unless the employee provides the check to their Appointing Authority. 9.5. An eEemployees who attends jury duty during his/hertheir regularly scheduled days off, or who attends jury duty while usingon Vacation Time or Leave Without Pay, or while absent onabsent pursuant to FMLA leave, may keep any payment received for jury duty. XIII. WITNESS LEAVE A. Eligibility Requirements: Classified, Unclassified, Contract, and Head Start Contract An eligible employee is entitled toEmployees shall receive paid Witness Leave whenwhen the employee is absent from the work place as the result of being noticed as a witness, or subpoenaed to testify in a legal action arising from County work-related events,, or subpoenaed when subpoenaed by a governmental entity to Page 18 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 testify in an unrelated action, even if unrelated to the employee’s work. Temporary Employees are not eligible.Paid Witness Leave is not available to employees who are subpoenaed to testify by a private person or entity, or who voluntarily agree to appear and testify in any kind of action. In such circumstances, employees may use Vacation time or Leave Without Pay, if approved by the Appointing Authority. D.B. Use of Witness Leave Requirements: Employees must follow departmental approval processes notify their supervisors and provide a copy of the subpoena in advance of the date on which they are employee is ordered to appear. XIV. CRIME VICTIM LEAVE. A. Purpose: As provided in County policy HR2420, Ean employees who arehas been the victim of a criminal offense, or who areis 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 theirhis/her Sick Leave, and/or Vacation Time,accruals or, if there are insufficient accruals, may use LWOP in any combination to attend court proceedings related to the crime committed against the employee, or against the employee’s immediate family member who was killed or incapacitated. B. Reason 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 Requirements: All Employees (Classified, Unclassified, Contract, Head Start Contract, and Temporary). D. Use of Crime Victim Leave: All lLeave to attend court proceedings must follow departmental approval processes and is subject to the needs of the department and the following requirements: 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 the proper 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 departments 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. Page 19 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 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. a.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., as provided in HR2420. XVII.XV. MILITARY LEAVE A. .Short and long -term military leave shall be granted in accordance with all applicable state and federal laws. Restoration to a County position following military service shall likewise be in accordance with state and federal law. A.B. Employees on Military Leave are eligible to remain on County benefits for up to 24 months. T1 year, with the County will paying 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. XVIII.XVI. ADMINISTRATIVE LEAVE WITH PAY A. .Administrative leave with pay may be authorized for any employee for their standard regularly scheduled work hoursshall be granted to classified and unclassified employees under the following circumstances: 1. If authorized by the County Manager for emergency situations, or where an employee has been given notice of a Reduction in Force.; 2. If authorized via a declaration by the Board of Supervisors or the Governor of the State of Arizona that a state of emergency, disaster, or grief exists.; or 3. At the discretion of the Appointing Authority, to interview for another position within the County. 3. When the Appointing Authority determines that an employee should be removed from the workplace pending an administrative inquiry, or internal investigation or separation of employment, including notification of a reduction in force. ; 4. Pending a work fitness exam, the Appointing Authority has reason to believe the employee is a direct threat to self or others, there is a significant risk of loss of property, or if the Appointing Authority deems it necessary. 5. 6.4. When Leave granted for this reasonis pursuant to sub-sections G (3) and (4) above, then: a. Requires the Appointing Authority to consult with the HR Director monthly, when applicable, to determine whether the leave should continue. a. Leave will be no longer than 180 calendar days, not including Maricopa County observed holidays, beginning the day the lLeave is granted, unless otherwise approved in accordance with this policy;. b. The Appointing Authority shall consult with the County Human Resources Director or designee monthly to determine whether the lLeave will should continue; and Page 20 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 c.b. Requires cContinuance of the lLeave beyond 180 calendar days toshall be approveddetermined by the County ManagerMaricopa County Board of Supervisors. XIX. Floating Personal Day. AEffective July 1, 2009, all Classified and Unclassified Employees are granted up to eight (8) paid hours of leave of no more than eight (8) hours each calendar year as a Floating Personal Day. Contract and Temporary Employees do not qualify for the Floating Personal Day. An employee’s ability to schedule the Floating Personal Day, or to split the Floating Personal Day over two days, must be pre-approved according to departmental proceduresby the employee’s supervisor, and is subject to the needs of the department and the supervisor’s discretion. The Floating Personal Day will not be approved after the fact for an unanticipated absence from work. The Floating Personal Day expires at the close of business on December 31st of each calendar year. If unused, the Floating Personal Day does not roll over into the next calendar year, and it is not paid out if an employee leaves County service. XX. Any requests to use a Floating Personal Day between December 1 through January 2 are within the complete discretion of the Appointing Authority, based on staffing considerations and the requirements of the business. Subject to the discretion of the Appointing Authority, the Floating Personal Day may be made available to an employee still within his/her first six months of continuous employment, but only if the employee’s job performance is acceptable and the calendar year will expire before the end of the employee’s first six months of continuous employment. XXI.XVII. LEAVE WITHOUT PAY A. Eligibility Requirements:. 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 sSuch requests are is subject to the discretion of the Appointing Authority and, based on the needs of the department. B. Use of Leave Without Pay: 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. 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 any period of Leave Without Pay. XXII.V. If an LWOP request is granted that would place an employee on Leave Without Pay for a full pay period or more, or at any point when the employee’s Vacation and Sick Leave balances fall below eight (8) hours, the Appointing Authority must circulate a Personnel Action Form to the Office of Management and Budget and to HR’s Payroll and Records division. The following provisions also apply to Leave Without Pay situations: XXIII. All accrued and available paid leave must be exhausted before an employee may request and be placed on Leave Without Pay unless the situation falls under SectionsV.F.2.a. – b. or VII.E. above. If an LWOP request is granted that would place an employee will be on Leave Without Pay for a full pay period or more, or at any point when the employee’s Vacation and Sick Leave balances fall below eight (8) hours, the Appointing Authority must circulate a Personnel Action Form to the Office of Management and Budget and to HR’s Payroll and Records divisionHuman Resources to place the employee in leave status.. The following provisions also apply to Leave Without Pay situations: XXIV. An employee requesting department approval for a period of continuous leave may include a request for advance approval for LWOP if, during the leave period requested, the employee will exhaust all accrued and available paid leave. XXV. An employee’s right to return to a position in the County service from an authorized non-FMLA leave Page 21 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 without pay shall be conditioned upon the availability of a position for which the employee meets the minimum qualifications, and whether there is a sufficient appropriation or authorization of funds. XXVI. An employee shall not accrue Vacation Ttime or Sick Leave during any period of Leave Without Pay. XXVII.XVIII. FURLOUGH A. Purpose: Day Off (FDO).A furlough (coded by payroll as “furlough day off” or “FDO”)is mandatory unpaid leave of one or more days imposed by departments to accomplish a budget reduction initiative brought on byas a result of a budget deficit or shortfall. A furlough is not a reduction in the compensation or hourly rate of pay of an employee. B. Every department contemplating the imposition need forof a furlough days off must comply with the provisions of HR2403, “Reductions in Force and Furloughs,” and with any related OMB budget policies. At a minimum, departments must provide a written explanation why furloughs are necessary, must quantify the anticipated savings that will be realized, and must identify all market range titles in the department that will be subject to the proposed furlough requirements. C. Eligibility Requirements: All employees may be subject to furloughs. C.D. Furlough Rules:The following rules apply to the furloughs of County employees: 1. Furlough time must be taken in full work day increments or the residual mandatory furlough time of less than a full work day may be taken at one time. 2. Employees on furlough: a. An eEmployees on furloughed status shall continue to aAccrue leave at the same rates as they would for worked hours. a.b. and, wWhere appropriate, employees on furlough remain eligible for Hholiday Ppay even if a furlough day off is takenoccurs on the day before or the day after a Legal Paid Hholiday, and will remain eligible for other paid time off, as appropriate. b.c. Employees subject to a furloughAre will not compensated at a later time be compensated for their unpaid furlough days off. 2. Furlough time shall must be taken in full work day increments, except that residual mandatory furlough time of less than a full work day may be taken at one time. a.d. WThe furlough of any employee who isare exempt from the wage and hour requirements of theunder the Fair Labor Standards Act (FLSA) shall must be managed in a manner that is consistently with the provisions of the FLSA and with the provisions of any other applicable state or federal laws that may apply. FLSA-exempt employees and their departments shall ensure that furlough days off for FLSA-exempt employees occur over as few work weeks as possible. e. Employees are mMust not to perform any work for the County whatsoever while they are on furlough status (e.g., reviewing emails, taking work-related telephone calls or accessing County networks remotely). D.E. See Reductions in Force and Furloughs Policy (HR2403) for additional information. XXVIII.XIX. EXCEPTION ADDITIONAL PROVISIONS FOR HEAD START CONTRACT EMPLOYEES OF THE EARLY EDUCATION DIVISION OF THE HUMAN SERVICES DEPARTMENT A. Human Services’ In addition to any leave categories available to Contract employees above, fFfull-time Head Start Ccontract employees working in the Early Education Division of the Human Services Page 22 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 Department may be offered the following leave and benefit options: 1. Up to 48 hours of Vvacation Ttime.;. 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 budget and academic calendar for the fiscal year.;. 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 period. 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 by personal check. B. In order for employees to be eligible for the additional paid days for breaks identified above, they must be in a paid status for their entire scheduled day before and their entire scheduled day after the applicable paid break. An eEmployees who areis on an unpaid leave of absence of any duration on theirhis/her scheduled work days prior to or after a paid break shall not receive the paid break time identified above. XX. EXECUTIVE COMPENSATION PACKAGES A. The Board may establish Executive Compensation Packages (ECPs) for etop management mployees (except Temporary Employees)positions atof a level equivalent to Ddepartment Ddeputy Ddirector or above may be approved by: 1. The Board of Supervisors; or 2. The County Manager or designee as long as whose positions are Classified or Unclassified. The County Manager or designee may approve ECPs that increase the above authorized Vacation Time and Sick Leave accrual rates or leave banks for these top management positions. Tthe leave authorized by the ECP mustdoes 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. Separation: Recipients of an ECP 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. B. The Board may establish Executive Compensation Packages (ECPs) for top management positions of a level equivalent to Department Deputy Director or above whose positions are Classified or Unclassified. The County Manager or designee may approve ECPs that increase the above authorized Vacation Time and Sick Leave accrual rates or leave banks for these top management positions. The leave authorized by the ECP must 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. Recipients of an ECP 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. XXI. LEAVE ADJUSTMENT INCENTIVES A. Leave Adjustment Incentives for employeesThe County Manger or designee may approve adjustments to the Vacation Time or Sick Leave accrual rates of any employee (, except tTemporary eEmployees) in critical and difficult to retain or , as part of a total compensation package when necessary to retain or fill critical or difficult to fill positions 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, Page 23 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 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. Separation: Recipients of a Lleave aAdjustment iIncentive 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 Eemployees are not eligible for any payout of Vacation Time upon separation. B. The County Manger or designee may approve adjustments to the Vacation Time or Sick Leave accrual rates of any employee, except temporary employees, as part of a total compensation package when necessary to retain or fill critical or difficult to fill positions. Departments must show how the position is critical and difficult to fill. Leave incentive adjustments shall 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. 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 employees are not eligible for any payout of Vacation Time upon separation. XXIX.XXII. REINSTATEMENT A. Subject to the following exceptions below, employees who separate from County service and: 1. any employee who separates from County service and then rReturns to County service within one year of separation shall be entitled to reinstatement of all accrued Sick Leave that was forfeited at the time of separation, shall have immediate access to such accrued paid Sick Leave, and shall accrue paid leaveSick Leave assubject to the limitations set forth in this policy.Section VI above: 2. Work for the Judicial Branch or any other branch of government for whom the County provides payroll services and whose Sick Leave balances transfer to the new employer, and who thereafter return to County employment within one year, shall have their available Sick Leave balance transferred back to the County from their prior employer, have immediate access to such accrued paid Sick Leave, and accrue paid leave as set forth in this policy. 3. Employees who have been separated from service as a result of a reduction in force and aAre rehired within one year after their separation as a result of a reduction in force into a positions which accrues leave shall be awarded a leave accrual rate equal to that attained at the time of separation from service even if they have withdrawn their retirement contributions. B. Exceptions: Employees who retire and receive a Post-Employment Health Plan in exchange for their accrued Sick Leave acknowledge that they have received a greater benefit by contract than required by state law, and therefore if they subsequently return to County employment, such employees shall not be entitled to reinstatement of any previously accrued Sick Leave and shall begin accruing paid leaveSick Leave as a new employee with zero months of credited service. C. Employees who separate from County service to work for the Judicial Branch or any other branch of government for whom the County provides payroll services, and whose Sick Leave balances transfer to the new employer due to a shared payroll system, and who thereafter return to County employment within one year, shall have their available Sick Leave balance transferred back to the County from their prior employer, shall have immediate access to such accrued paid Sick Leave and shall accrue Sick Leave based upon their months of credited service as set forth in Section VI above. XXX. Employees who have been separated from service as a result of a reduction in force and are rehired within one year into a position which accrues leave shall be awarded a leave accrual rate equal to that attained at the time of separation from service even if they have withdrawn their retirement contributions. Page 24 of 21 Policy Title: Policy Number: HR2415 EMPLOYEE LEAVE POLICYEMPLOYEE LEAVE 06-217- Current Adoption Date: 20178 XXIII. MISCELLANEOUS A. Non-Exempt Employees: With the exception of Holiday 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, Administrative Leave with Pay, or Floating Personal Day) for more hours than their standard hoursy are regularly scheduled to work 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. A.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 under Board approved Premium Pay Rates that allow for compensation above 80 hours in a pay period. Revision History Version Revision Date Description of Revision 1 17 Dec 2008 Initial version (C-31-09-006-6-00) 2 20 May 2009 Added provisions for furloughs (C-31-09-016-6-00) 3 22 Jun 2009 Modifications to fit conversion to new HRIS (C-31-09-018-6-00) 4 15 Dec 2010 Updated Holiday Pay calculation (C-31-09-018-6-01) 4 12 Jan 2011 Allowed contract and temporary employees to use military leave (C-31-09-018-6-02) 5 22 Jun 2011 Updated short term disability language (C-31-11-017-6-00) 6 06 Jul 2011 Updated donated vacation leave language (C-31-11-017-6-01) 7 22 Feb 2012 Various edits to alter what qualifies for leave (C-31-11-017-6-03) 8 24 Jun 2013 Updated language to reflect Board approved changes in Policy HR2413 Family and Medical Leave Act Approved Leaves of Absence, to 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) 9 29 Jan 2014 Updated so FMLA eligibility is not needed to accept donated leave and clarified that contract employees can receive donated leave (C-31-11-017-6-05) 10 09 Dec 2015 Minor revisions to align with changes to Employee Merit System Rules (C-31-16-016-6-00) 11 21 Jun 2017 Revisions necessary to comply with A.R.S. 23-371 through 23-381 (Earned Paid Sick Time). (C-31-17-039-6-00) 12 27 Jun 2018 Updated and clarified language, added Recognition Leave, and change eligibility for vacation payout and donation of vacation time to 12 months (C-31-17-039-6-01) Page 25 of 21