HR2415 FINAL NEW TEMPLATE DRAFT.DOCX

MARICOPA COUNTY INTERNAL POLICY
Policy Number: HR2415
Policy Title:
Current Adoption
x-x-xxxx
EMPLOYEE LEAVE POLICY Date:
Current
x-x-xxxx
Implementation Date:
Board Agenda
Approved by: Number:
BOARD OF SUPERVISORS Original Adoption
12-17-2008
Date:
I. PURPOSE
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. APPLICATION
This Policy applies to full time and part time classified and unclassified employees of Maricopa County,
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.
III. AUTHORITY
This Policy has been 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.
IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or executive head of a
Department/Special District, or the designated representative authorized to act in this capacity.
B. Authorized Retirement System/Plan: The statutorily-authorized Arizona retirement system
into which a County employee is required to contribute, 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 Plan).
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, Classified Employee includes all individuals in
the County service who are addressed by an applicable set of Merit Rules. Excluded are
employees identified as temporary or contract employees; and employees specifically identified as
unclassified.

Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
E. Contract Employee: 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 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.
G. Credited Service: The amount of credited service time on account with the Authorized 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 Retirement System and re-hire into a position in another Authorized
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
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. 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.
I. FMLA-Qualifying Event: An event that qualifies under the FMLA, permitting an employee to
take a job-protected leave of absence.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
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. 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 evaluated. An employee may be released from initial probation for or without cause. An
employee serves an initial probation period upon their most recent employment, to include hire,
promotion, demotion or transfer into any classified position.
L. Maricopa County Employee Compensation Plan: The plan approved by the Board of
Supervisors establishing Maricopa County's employee compensation strategy and addressing
related matters.
M. Regular Employee: An employee occupying a classified position who has successfully
completed his/her initial probation.
N. Temporary Employee: An at-will employee 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. 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.
O. Unclassified Employee: An employee 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
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 addresses qualifying leave
under the FMLA, which may be paid or unpaid, or a combination of the two. Finally, this Policy addresses
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
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.
VI. VACATION TIME
A. Purpose 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 Employees are eligible to receive vacation time.
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.
B. Accrual Rates. Vacation time 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.
Classified and Unclassified Employees who are in a pay status of 40 hours per week
shall accrue Vacation time as follows:
MONTHS OF HOURS HOURS PER DAYS PER YEAR
CREDITED PER YEAR (based on 8 hour work
SERVICE PAY day)
PERIOD
0 -36 months 4.65 120.9 15.1
37-72 months 5.55 144.3 18.03
73-120 months 6.90 179.4 22.4
121-180 months 7.9 205.4 25.6
181-228 months 8.5 221.0 27.6
229 months plus 8.8 228.8 28.5
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
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.
C. Impact of Absences on Accrual of Vacation Time. Vacation time will continue to accrue
during any approved absence with pay, but shall not accrue during any hours that are
coded as Leave Without Pay (LWOP). Vacation time will accrue on a pro rata basis
during any pay period 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.
D. Carryover of Vacation Hours – Classified Employees. Classified Employees may
carry over a maximum of 240 hours from one calendar year to the next. Hours in
excess of 240 hours at the end of each calendar year shall be transferred to the
employee’s Sick Leave balance.
E. 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.
F. Requirements for Use of Accrued Vacation Time. Any employee whose regular
work schedule is 20 hours per week or more is eligible to use accrued Vacation at any
time, subject to the approval of the employee’s Appointing Authority and the following
requirements and restrictions:
1. Advance Approval. If the need to use Vacation time is foreseeable, the employee
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) requested, unless the department’s written policy requires a longer
period of time. The Appointing Authority has discretion to approve Vacation time with
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
less than two (2) days advance notice.
2. No Advance Approval. If the need for Vacation time is unforeseeable, the employee
must notify his/her direct supervisor, Appointing Authority, or other authorized person,
of the employee’s need for the leave as soon as is practicable. 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,
Appointing Authority, or other authorized person the facts and circumstances
warranting approval of the Vacation time.
a. 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.
b. 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 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 Restriction. 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 must use Sick Leave, Vacation or Leave Without Pay
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. Vacation Time and Workers’ Compensation Benefits. An employee who is injured
on the job must 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 augment
workers’ compensation wage benefits with Sick Leave and Vacation time accruals (in
that order).
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
G. Payout of Vacation Upon Separation from Employment. At the time a Classified or
Unclassified Employee separates from County employment, all accrued Vacation time will
be paid at the employee's current base pay rate (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 Employees are not entitled to this payout.
H. Donation of Vacation Time: An employee who accrues Vacation time is eligible to donate
accrued Vacation hours to another employee’s Sick Leave accrual balance. A donation
of Vacation time is permitted where the donation will assist another employee (the
“recipient”) whose Sick Leave and Vacation accruals or bank balance are insufficient
to cover an absence caused by the recipient’s serious health condition as defined by
the FMLA or the serious health condition as defined by the FMLA of the recipient’s
employee spouse, son, daughter or parents. The following conditions apply to the use
of donated Vacation time:
1. The dollar ratio of donated Vacation time to the recipient’s Sick Leave accrual balance
will be adjusted proportionately to the salaries of the donor and the recipient;
2. Upon receipt of donated leave, the recipient’s Sick Leave accrual balance shall be
increased in an amount not to exceed coverage needed for the pay period. If there
is insufficient leave donated for the pay period, the remaining scheduled hours will
be LWOP. Any leave donations that exceed the maximum number of hours needed
by the recipient shall be returned to the gifting employee(s).
3. To obtain department approval for donation of leave, an employee should:
a. Submit a written donation of leave request to the Appointing Authority, which
the employee has signed and dated; and
b. Submit documentation to the Appointing Authority from a health care provider
which states that the employee has a need that is expected to cause an
absence from work of at least two (2) consecutive weeks. Documentation of
intermittent medical treatment for radiation, chemotherapy or dialysis may also
be submitted.
4. To obtain approval for a donation of leave, the Appointing Authority must:
a. Submit a request to the HR Director for authorization to ask employees for
donations of leave. The request shall state that:
i. the recipient’s need for leave is a serious health condition as defined by the
FMLA.
ii. the recipient has exhausted or will have exhausted all of his/her accrued Sick
Leave and Vacation time or vacation bank before his/her anticipated return
date; and
iii. the situation giving rise to the donation of leave request will cause an
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
absence from work of at least two (2) consecutive weeks or the employee
requires intermittent medical treatment for radiation, chemotherapy or
dialysis.
5. 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.
6. A temporary employee or an employee who is receiving Workers’ Compensation,
Short Term Disability, or Long Term Disability benefits shall not be eligible to receive
donated leave.
VII. 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 personal illness or injury, an
FMLA-qualifying event, preventative and routine medical or dental appointments for the
employee or employee’s family member, occasions that require the employee to care for
a family member who is ill or injured, absence due to domestic violence, sexual violence,
abuse or stalking as defined by state law, or any other purpose authorized by state law.
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)
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.
C. 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.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
D. Accrual Rates. 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 CREDITED ACCRUED SICK TOTAL ACCRUED SICK LEAVE
SERVICE LEAVE PER PAID PER YEAR CAP
HOUR
0-36 Months .0333 40
37-72 Months .0333 48.1
73 Months plus .0333 59.8
Unclassified employees will accrue Sick Leave in greater increments based upon months of
credited service, as set forth below, with the earnings capped at the totals set forth.
Unclassified Employees
MONTHS OF CREDITED ACCRUED SICK TOTAL ACCRUED SICK LEAVE
SERVICE LEAVE PER PAID PER YEAR CAP
HOUR
0-36 Months .03875 80.6
37-72 Months .04625 96.2
73 Months plus .0575 119.6
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.
Full-time exempt employees accrue 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 employee be eligible to accrue Sick Leave on more than 80 paid hours in a pay
period.
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.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
Temporary and Contract Employees
MONTHS OF CREDITED ACCRUED SICK TOTAL ACCRUED SICK LEAVE
SERVICE LEAVE PER PAID PER YEAR CAP
HOUR
Any .0333 40
E. 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 Sick Leave.
F. Requirements for Use of Accrued Sick Leave. Employees are eligible to use accrued
Sick Leave subject to the following requirements and restrictions:
1. Sick days 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 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 employee is requesting 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. If an employee, or one of the employee’s qualifying family members, has a qualifying
event under the FMLA, the provisions of federal law and County policy shall be followed.
(See HR2413.)
G. Restrictions on Use of Sick Leave. The following restrictions apply to the use of accrued
Sick Leave balances:
1. Short Term Disability Restriction. 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
STD benefit begins. Employees must use Sick Leave, Vacation or Leave Without
Pay 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.
2. Vacation Time and Workers’ Compensation Benefits. An employee who is injured
on the job must use accrued Sick Leave and Vacation time (in that order) for the
seven 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 Supplemental Pay Agreement
so that they may augment workers’ compensation wage benefits with Sick Leave and
Vacation time (in that order) leave accruals.
H. Supervisory Discretion to Send An Employee Home On Sick Leave. A Supervisor
may send an employee home if the employee comes to work ill, or if the employee
develops/exhibits an illness or condition while at work which, in the judgment of the
supervisor, impairs the ability of the employee to be productive and/or which could
jeopardize the health or physical safety of co-workers or the public. Any lost work time
will first be charged against the employee’s Sick Leave accruals. 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.
I. Restrictions on Disciplinary Action Relating to Use of Sick Leave. No employee 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 Departmental call-
out procedure, a copy of which has been provided to the employee, 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 Departmental time or attendance policy,
including possible 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 absences that are protected by the FMLA or authorized as an accommodation under
the ADA.
J. Retaliation/Complaints. No employee shall be subject to retaliation or discrimination as
a result of 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. If any employee believes that he/she
has been subjected to unfair treatment as a result of their use of leave protected by state
or federal law, please follow the complaint process outlined in HR 2406, Prohibition Against
Discrimination, Harassment, and Retaliation.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
VIII. 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 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
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Policy Title: Policy Number: HR2415
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12-17-2008
Date:
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.
IX. HOLIDAY PAY
Legal 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 November; and
Christmas Day. The Legal Holidays with pay currently observed by County employees may be
automatically revised as the result of subsequent legislative changes. When a holiday falls on a
Sunday, it will be observed on the following Monday; when a holiday falls on a Saturday, it will
be observed on the preceding Friday.
A. Eligibility for Use of Holiday Pay: Classified, unclassified and contract employees
who are not required to work on a Legal Holiday shall be compensated for a Legal
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Policy Title: Policy Number: HR2415
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Holiday as follows:
1. An employee must be in paid status (e.g., time worked, Vacation time, Sick leave
or any other paid leave) on his/her scheduled day before and his/her scheduled day
after a Legal Holiday in order to receive Holiday Pay.
B. Holiday Pay Rules. The following rules govern pay for Legal Holidays:
1. Neither Vacation time nor Sick Leave will be deducted from an employee’s accrued
leave balance for a Legal Holiday that falls within a group of days where an
employee is using Vacation time or Sick Leave.
2. Employees with regular work schedules of 40 hours per week shall receive eight
(8) hours of compensation for a Legal Holiday.
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 Holiday. Subject to their
supervisors’ discretion, employees working flexible schedules who do not want to be
in the workplace on a Legal Holiday have the following options: (1) they may use
Vacation time to make up the difference between the eight (8) hours of pay for the
holiday and their remaining scheduled hours; or (2) they may adjust 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.
4. 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.
5. Employees with regular work schedules of less than 20 hours per week shall not be
eligible for holiday pay.
C. Holiday Pay Rules for Holidays Worked: Classified, Unclassified and Contract
Employees who are required by their Appointing Authority to work on a Legal Holiday,
regardless of the day of the week on which such Legal Holiday falls, shall be
compensated as follows for the Legal Holiday worked:
1. Holiday Pay based on the employee’s regular work schedule (see VIII.B.2., above)
up to a total of eight (8) hours; and
2. Pay for the hours actually worked. Note: Holiday pay does not count as time worked
for the purpose of calculating overtime eligibility (i.e., whether the employee has
worked more than 40 hours); alternatively,
3. Holiday Pay based on the employee’s regular work schedule, up to a total of eight
(8) hours, and equal time off (hour for hour actually worked on the holiday) from
the employee’s regular schedule within the same pay period in which the Legal Holiday
occurs.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
X. OTHER AUTHORIZED LEAVES OF ABSENCE
Classified, Unclassified, and Contract (where specifically stated) Employees may also obtain
authorization for the following paid and unpaid leaves of absence, unless otherwise noted:
A. Bereavement Leave. With the approval of the Appointing Authority, a Classified,
Unclassified or Contract Employee may use paid bereavement leave for each occurrence
of the death of a family member as outlined below:
1. For purposes of Bereavement Leave, a “family member” includes the following: an
employee’s spouse/domestic partner; mother; father; sister; brother; son or daughter;
sons and daughters-in-law; parents in-law; grandparents-in-law; sisters and brothers
in-law; aunts and uncles; grandparents; grandchildren; custodial persons; half-
siblings; nieces and nephews; first cousins; and the full spectrum of step relations.
2. For each occurrence of death of a “Family Member,” eligible employees may receive
paid Bereavement Leave of up to 24 working hours. If the occurrence of death requires
travel out of the State, eligible employees may receive paid Bereavement Leave of up
to an additional 16 working hours.
3. 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.
4. The Appointing Authority may require documentation substantiating the need for
Bereavement Leave.
B. Civic Duty Leave. Civic Duty Leave 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. Except for time needed to
vote in an election (see Paragraph IX.B.2., below), an employee’s ability to attend pre-
authorized events and functions is dependent upon the needs of the department and
the supervisor’s discretion. Contract Employees are not eligible for Civic Duty Leave. In
addition, employees in the following circumstances may be eligible for Civic Duty Leave:
1. 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 Authority’s discretion.
2. 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
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Policy Title: Policy Number: HR2415
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12-17-2008
Date:
absent from the workplace. The Appointing Authority may require evidence of
eligibility to vote prior to approving time off to vote.
C. Jury Duty Leave. 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. Employees must submit leave slips notifying their supervisors of the
summons in advance of the scheduled jury duty. An 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:
1. Employees on an alternative work schedule (e.g., 4 days/10 hours) may be paid for
all 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
receive 8 hours of jury duty pay).
2. 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), the employee, in conjunction with his/her supervisor,
may address the remaining scheduled work hours through one of the following options:
(1) the employee may work the remaining scheduled hours for that day on the same
day that the employee attended jury duty; (2) the employee may take Vacation time;
or (3) the employee may work the remaining scheduled hours within the same work
week.
3. When an employee summoned for jury duty is regularly assigned to work on a second
or third shift, the supervisor must alter the employee’s work schedule so that the
employee is able to fulfill his/her obligation to attend jury duty.
4. An employee who attends jury duty during his/her regularly scheduled days off, or
who attends jury duty while on Vacation or Leave Without Pay, may keep any
payment received for jury duty.
D. Witness Leave. An eligible employee is entitled to paid Witness Leave when the employee
is absent from the work place as the result of being subpoenaed to testify in a legal
action arising from work-related events, or when subpoenaed by a governmental entity to
testify in an action, even if unrelated to the employee’s work. 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. Employees must notify their supervisors and provide a copy of the subpoena
in advance of the date on which the employee is ordered to appear.
E. Crime Victim Leave. As provided in County policy HR2420, an employee who has been
the victim of a criminal offense, or who is an immediate relation of a person who has
been killed or incapacitated during a criminal offense, may use his/her Sick Leave and/or
Vacation accruals or, if there are insufficient accruals, may use LWOP 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. All leave to attend
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Policy Title: Policy Number: HR2415
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Date:
court proceedings is subject to the needs of the department, as provided in HR2420.
F. Military Leave. 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. Employees on Military
Leave are eligible to remain on County benefits for up to 1 year, with the County
paying the employer portion of such benefits for that time.
G. Administrative Leave With Pay. Administrative leave with pay shall 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;
3. When the Appointing Authority determines that an employee should be removed from
the workplace pending an administrative or internal investigation;
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.
When Leave granted is pursuant to sub-sections G (3) and (4) above, then:
a. Leave will be no longer than 180 calendar days, not including Maricopa County
observed holidays, beginning the day the Leave 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 Leave will continue;
c. Continuance of the Leave beyond 180 calendar days shall be determined by the
Maricopa County Board of Supervisors.
H. Floating Personal Day. Effective July 1, 2009, all Classified and Unclassified Employees
are granted paid 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 by 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.
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Policy Title: Policy Number: HR2415
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12-17-2008
Date:
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.
I. Leave Without Pay. Classified and Unclassified Employees may submit a written request
to take a leave of absence without pay of up to six (6) months. Such requests are
subject to the discretion of the Appointing Authority, based on the needs of the department.
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:
1. 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 Sections
V.F.2.a. – b. or VII.E. above.
2. 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.
3. An employee’s right to return to a position in the County service from an authorized non-
FMLA leave 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.
4. An employee shall not accrue Vacation time or Sick Leave during any period of Leave
Without Pay.
J. Furlough 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 by a budget deficit or shortfall. A furlough is
not a reduction in the compensation or hourly rate of pay of an employee.
1. Every department contemplating the imposition of 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.
2. The following rules apply to the furloughs of County employees:
a. An employee on furloughed status shall accrue leave and, where appropriate,
remain eligible for holiday pay even if a furlough day off is taken on the day
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
before or the day after a holiday, and will remain eligible for other paid time off,
as appropriate.
b. Employees subject to a furlough will not at a later time be compensated for
their unpaid furlough days off.
c. Furlough time shall 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.
d. The furlough of any employee who is exempt from the wage and hour
requirements of the FLSA shall be managed in a manner that is consistent with
the provisions of the FLSA and with the provisions of any other 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 not to perform any work for the County whatsoever while they
are on furlough status.
XI. EXCEPTION FOR EMPLOYEES OF THE EARLY EDUCATION DIVISION OF THE HUMAN
SERVICES DEPARTMENT
A. In addition to any leave categories available to Contract employees above, full-time contract
employees working in the Early Education Division of the Human Services Department
may be offered the following leave and benefit options:
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 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 employee who is on an unpaid leave of absence of
any duration on his/her scheduled work days prior to or after a paid break shall not receive
paid break time.
XII. REINSTATEMENT
Subject to the following exceptions, any employee who separates from County service and then
returns to County service within one year of separation shall be entitled to reinstatement of all
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
12-17-2008
Date:
accrued Sick Leave that was forfeited at the time of separation, shall have immediate access
to such accrued paid Sick Leave and shall accrue Sick Leave subject to the limitations set forth in
Section VI above:
A. 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 Sick Leave as a new employee with zero months of credited service.
B. 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.
C. 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
Revision History
Version Revision Date Description of Revision Agenda Number
3 22 Feb 2012 Various edits to alter what qualifies for leave. C-31-11-017-6-03
Sections V.F.3, V.F.4, VI.E.1, VI.E.2, VII.A,
VII.B, VIII, X.A.2, and X.A.3 were revised in
order to reflect Board approved changes in
Policy HR2413 Family and Medical Leave Act
4 24 June 2013 Approved Leaves of Absence, new County C-31-11-017-6-04
Head Start contracts, changes to Short Term
Disability waiting periods, and changes
pursuant to the statute regarding County
holidays, A.R.S. § 11-413.
Section V.H, V.H.1-3, V.H.4.a.1-3 revised so
that an employee is no longer required to be
5 eligible for FMLA leave to be able to accept C-31-11-017-6-05
29 Jan 2014 donated leave; clarification added that a
contract employee can receive donated leave.
6 09 Dec 2015 Minor revisions to align with changes to the C-31-16-016-6-00
Employee Merit System Rules
7 TBD Revisions necessary to comply with Arizona TBD
Proposition 206.
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