HR2415 EMPLOYEE LEAVE POLICY - TRACK CHANGES VERSION 12092015 BOS AGENDA.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
Board Agenda
Approved by: Number: C-31-11-017-6-05
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.
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.
II. 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.
III. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or executive
head of a department, or the designated representative authorized to act in this
capacity.
B. 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
Iincludes all individuals in the County service who are covered addressed by an

Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
applicable set of Merit Rules. Excluded are employees on initial probation ;
employees identified as temporary or contract employees; and employees
specifically identified as unclassified.
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
continued 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 Holiday Leave, Bereavement Leave,
Jury Duty Pay, Crime Victim Leave and Witness Leave subject to the
requirements in this Employee Leave Policy, but do not accrue paid leave.
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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
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.”as those terms are
defined in the Maricopa County Employee Merit System Rules.
K. Initial Probation: A continuous period (often six months) of initial employment
or reemployment of an employee hired into a classified position during which
time the employee serves in an unclassified status and may be released from
employment for or without cause. 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. Temporary employees are not eligible for leave and medical benefits,
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
IV. 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
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.
V. 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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
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%]
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
that they may augment workers’ compensation wage benefits with Sick Leave
and Vacation time accruals (in that order).
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; or in the case of a contract employee recipient, the contract employee’s
vacation bank. 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 or vacation bank 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 or
vacation bank 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:
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
a. Submit a request to the HR Director for authorization to ask employees for
donations of leave. The request shall state that:
(1) the recipient’s need for leave is a serious health condition as defined
by the FMLA.
(2) 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
(3) the situation giving rise to the donation of leave request will cause an
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. An employee who is receiving Workers’ Compensation, Short Term Disability,
or Long Term Disability benefits shall not be eligible to receive donated leave.
VI. SICK LEAVE
A. Purpose and Eligibility Requirements. Sick Leave is a paid absence from the
workplace for an eligible employee who is absent due to personal sickness, an
injury arising from non-occupational causes, an FMLA-qualifying event,
preventative and routine medical or dental appointments, or occasions that
require the employee to act as a primary caregiver for a member of the
immediate family who is ill or incapacitated. Within the context of this Sick Leave
provision, a member of the employee’s “immediate family” may include the
following: a spouse, domestic partner, son or daughter (any age), parent,
grandparent, grandchild or sibling. Employees who abuse Sick Leave for non-
FMLA-qualifying events may be subject to discipline.
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 may 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
1-29-2014
Date:
B. Accrual Rates. Sick Leave is accrued by all Classified and Unclassified
Employees whose regular work schedule is at least 20 hours per week. Sick
Leave is neither accrued by, nor awarded to contract, temporary or employees
appointed without leave. Classified and Unclassified Employees who are in a
pay status of 40 hours per week shall accrue Sick Leave as follows:
MONTHS OF ACCRUED ACCRUED ACCRUED ACCRUED DAYS PER DAYS PER
CREDITED HRS PER HOURS PER HRS PER HOURS PER YEAR (Un- YEAR
SERVICE PAY PERIOD PAY PERIOD YEAR YEAR classified - (Classified
(UNCLASSI- (CLASSIFIED) (UNCLASSI- (CLASSIFIED) Based on 8 - Based on
FIED) FIED) hr work 8 hr work
day) day)
0-36 months 3.1 1.55 80.6 40.3 10.0 5.03
37-72 3.7 1.85 96.2 48.1 12.0 6.0
months
73 months 4.6 2.30 119.6 59.8 15.0 7.4
plus
Eligible employees who are in a pay status of 20 to 39.99 hours per week shall
accrue Sick Leave on a pro-rata basis, based on hours paid and on months of
credited service, as shown in the above schedule.
1. Examples:
a. A classified employee with twenty-four (24) months of service who is paid
for 48 hours in a pay period would accrue .93 Sick leave Hours (60% of
1.55 hours) for the two-week pay period. [48 hours divided by 80 hours =
60%]
b. An unclassified employee with sixty (60) months of service who is paid for
40 hours in a pay period would accrue 1.85 Sick Leave Hours (50% of 3.7
hours) for the two-week pay period. [40 hours divided by 80 hours = 50%]
2. Classified and Unclassified Employees are eligible to accrue Sick Leave
beginning on the first day of employment with the County. An employee on
initial probation may use accrued Sick Leave during the first six months of
employment and, subject to Appointing Authority discretion, may also draw
from his/her accrued Vacation Time to offset time away from work where the
employee has a bona fide illness and insufficient Sick Leave to cover the
absence.
C. Impact of Absences on Accrual of Sick Leave. Sick Leave will accrue during
any approved absence with pay, but shall not accrue during any hours that are
coded as Leave Without Pay (LWOP). Sick Leave 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. Sick Leave shall not be charged against an employee’s accrued
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
balance for an authorized holiday that occurs while an employee is on Sick
Leave.
D. Requirements for Use of Accrued Sick Leave. Employees whose regular
work schedules are 20 hours per week or more 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. Supervisors suspecting abuse of
non-FMLA qualifying Sick Leave have the prerogative to require a statement
from a medical doctor or other acceptable proof supporting the employee’s
absence. Acceptable documentation or proof of illness may be routinely
required as a matter of departmental policy. Employees who abuse Sick
Leave for non-FMLA-qualifying events may be disciplined.
2. Employees have an obligation to schedule foreseeable medical or dental
appointments so that they do not interfere with County or department
business operations. Departments may deny a Sick Leave request and direct
the employee to be present at work if a foreseeable appointment would
disrupt or negatively impact the business operations of the department.
3. If an employee, or one of the employee’s qualifying family members, has a
qualifying illness 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. 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 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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 (in that order) leave accruals.
F. 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.
VII. 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
VIII. 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 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;
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
IX. 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.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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 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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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 court proceedings is subject to the
needs of the department, as provided in HR2420.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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.
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.
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
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 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.
X. EXCEPTION FOR HEAD START EMPLOYEES
A. Full-time contract employees in the Educator Assistant, Educator, Educator
Bachelor’s, and Educator Coordinator Market Range Titles (MRTs) in the
Education Division of the Human Services Department may be offered the
following leave and benefit options:
1. Up to 80 hours of vacation time.
2. The following additional paid breaks:
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Policy Title: Policy Number: HR2415
EMPLOYEE LEAVE POLICY Current Adoption
1-29-2014
Date:
a. 10 paid days for winter break which may or may not include the County’s
Christmas Day and New Year’s Day holidays;
b. 5 paid days for spring break.
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 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.
XI. REINSTATEMENT
With the exception of retiring employees who benefit from a Post Employment
Health Plan in exchange for their accrued Sick Leave, any employee who
successfully completed his/her first six months of continuous employment,
subsequently separated from County service in good standing and then returns 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. In addition, by
Board of Supervisors’ action dated May 18, 1983, 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 29 Jan 2014 eligible for FMLA leave to be able to accept C-31-11-017-6-05
donated leave; clarification added that a
contract employee can receive donated leave.
Page 21 of 21