EMPLOYEE LEAVE POLICY (HR2415) 10-19-2022.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 Current Implementation Date: 10-19-2022 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-17-039-6-07 Original Adoption Date: 12-17-2008 I. PURPOSE To establish Maricopa County’s plan for approved employee leaves of absence and set forth the policies for administering employee leave practices. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. All forms of leave not explicitly allowed by this Policy are subject to approval by the Board of Supervisors. III. APPLICATION This Policy applies to all employees of Maricopa County elected offices and appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). However, certain types of leave are granted only to certain employees. The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. This Policy does not apply to individual Elected Officials. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a Department, or the designated representative authorized to act in this capacity. B. Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA): The federal law that prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations so they may perform their essential job functions. See ADA/ADAAA Reasonable Accommodation for Applicants and Employees Policy (HR2429). C. Base Pay Rate: A rate of pay, exclusive of any differentials, incentives, or other pay. D. Classified Employees: Employees covered by the Employee or Law Enforcement Officers’ Merit Systems. Probationary employees occupying classified positions follow the portions of this Policy applying to Classified Employees even though they are in an at-will status until they complete probation. E. Contract Employees: At-will employees hired to work for a defined purpose or project and defined time period (typically more than one (1) year but less than three (3) years). F. County Manager: The single executive appointed by the Board of Supervisors or the designated representative authorized to act in that capacity. G. Credited Service: The amount of credited service time on account with the authorized Arizona retirement system into which the employee currently contributes (e.g., Arizona State Retirement System, Public Safety Personnel Retirement System, etc.), or the number of continuous years of service with Maricopa County, whichever is greater. Retirement from a position in one Arizona retirement system and re-hire into a position in another Arizona retirement system on the next business or scheduled workday does not constitute continuous service. After retiring from an Arizona retirement system, individuals re-employed with Maricopa County do not receive prior service credit upon re-employment. Page 2 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 H. Executive Compensation Package: Compensation, benefits, and leave options established for executive positions equivalent to department deputy director or above. I. Family and Medical Leave Act (FMLA): The federal law (29 U.S.C. § 2601 et seq.) conferring job- protected unpaid leave for eligible employees for a qualifying purpose. See Family and Medical Leave Act (FMLA) Approved Leaves of Absence Policy (HR2413). J. Furlough: Mandatory unpaid leave imposed on employees as the result of a budget deficit. K. Head Start Contract Employees: At-will employees in Human Services Education Division who do not typically work year-round. L. Leave Adjustment Incentive: Increased vacation and sick leave accrual rates and/or hours added to employees’ leave banks when their positions are identified as critical and difficult to fill or retain. M. Initial Probation: A specified time following the employment of employees in budgeted positions in classified service, during which they serve in an at-will status and may be released from employment for or without cause. Employees serve an initial probation period upon their hire, promotion, voluntary demotion, or transfer into classified positions. N. Recognition Leave: Additional paid leave awarded to incentivize and recognize employees for outstanding contributions that demonstrate excellence on a project, task, or function. O. Temporary Employees: At-will employees hired to work less than one (1) year or sporadically on an as- needed basis (e.g., election workers). P. Unclassified Employees: At-will employees not covered by the Employee or Law Enforcement Officers’ Merit Systems. V. VACATION TIME A. Purpose: Vacation Time may be used: 1. On a discretionary basis for any purpose, subject to the department’s needs and approval process. 2. For any Sick Leave event, if the employee has insufficient Sick Leave to cover the event. 3. Must be used for qualifying leave under the FMLA where there is insufficient Sick Leave. B. Eligibility: All employees (except Temporary Employees) whose standard hours are at least 20 hours per week. Contract and Head Start Contract Employees may receive an annual lump sum of Vacation Time not to exceed the amount that a Classified Employee with equivalent Credited Service would accrue in a calendar year on a prorated basis. Temporary Employees are not eligible. C. Accruals: Vacation Time is accrued by Classified and Unclassified Employees in a pay status of 40 hours per week as follows (prorated for employees in a paid status of 20 hours to 39.99 hours per week): MONTHS OF CREDITED SERVICE HOURS PER PAY PERIOD HOURS PER YEAR 0 -36 months 4.65 120.9 37-72 months 5.55 144.3 73-120 months 6.90 179.4 121-180 months 7.90 205.4 181-228 months 8.50 221.0 229 months plus 8.80 228.8 Page 3 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 D. Impact of Absences on Accruals: Vacation Time accrues during any approved paid absence but not during any Leave Without Pay (LWO). Vacation Time accrues on a prorated basis during pay periods where LWO for some, but not all of the pay period is used. E. Maximum Hours of Vacation Time Carried Over from One Calendar Year to the Next: Classified Unclassified Contract/Head Start Contract 240 Hours 320 Hours No Hours Hours over these maximums for Classified and Unclassified Employees are transferred to the employees’ Sick Leave balances at the end of each calendar year. F. Use: Use of Vacation Time is subject to the following: 1. Advance Approval: If the need for Vacation Time is foreseeable, employees must request and receive approval at least two (2) business days in advance of the time off unless the department’s written policy requires longer advanced notice. 2. Unscheduled Leave: Employees with an unforeseeable need to use Vacation Time must notify their department as soon as practicable. The Appointing Authority may require employees to disclose the circumstances warranting the need for unscheduled Vacation Time. If the Appointing Authority determines that the documentation or the reasons provided are inadequate, or if the employee cannot provide any documentation or corroboration for the absence, the Appointing Authority has the discretion to disapprove the use of Vacation Time. In such a situation, the Appointing Authority may consult with Human Resources or legal counsel to determine whether it is appropriate to code the absence as LWO and discipline the employee for the unauthorized absence. 3. Short Term Disability (STD) Requirement: Employees with STD insurance must use Sick Leave, Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period until the STD benefit begins. 4. Workers’ Compensation Requirement: Employees injured on the job must use Sick Leave, Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period before workers’ compensation benefits begin. Employees may also elect to augment their workers’ compensation wage benefits with Sick Leave and Vacation Time (in that order). 5. Resignation: Employees who resign from employment shall not be allowed to “burn off” their paid leave by using Vacation Time or Sick Leave to extend their last day. 6. Vacation Time cannot be frontloaded in the last pay period of the calendar year to cover vacation hours taken in January (e.g., recording 24 hours of Vacation Time on December 31st to cover hours on January 2nd and 3rd). G. Payout Upon Separation: Classified and Unclassified Employees who have completed at least twelve (12) months of continuous employment with the County (non-temporary, non-contract) prior to separation shall have their accrued Vacation Time paid out at their current Base Pay Rate. Contract and Head Start Contract Employees are not eligible for this payout. H. Donation of Vacation Time: Classified and Unclassified Employees who have completed at least twelve (12) months of continuous employment with the County (non-temporary, non-contract) may donate their accrued Vacation Time to another employee’s Sick Leave balance. Temporary Employees or employees receiving Workers’ Compensation, Short Term Disability, or Long Term Disability benefits are not eligible to receive donated leave. 1. Recipient Eligibility: Classified, Unclassified, Contract, or Head Start Contract Employee (the “Recipient”) whose standard hours are at least 20 hours per week and whose Sick Leave and Vacation Page 4 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 Time are insufficient to cover an absence caused by a qualifying FMLA reason for the Recipient or “Immediate Family Member”. For purposes of donation of Vacation Time, “Immediate Family Member” includes the Recipient’s spouse to whom he/she is legally married under the laws of any state, child (biological, adopted, foster, step, legal ward, or child to whom the Recipient stands in loco parentis), or parent (biological, adopted, foster, step, or individual who stood in loco parentis to the Recipient when he/she was a child). 2. Maximum: Recipient may receive up to six (6) months (1040 hours for full-time employees), prorated for part-time employees, of donated Vacation Time for each year which may be used consecutively or intermittently. 3. Employees do not accrue leave on paid donated Vacation Time. 4. The dollar value of donated Vacation Time is adjusted proportionately to the Base Pay Rate of the Recipient to calculate the hours to be added to the Recipient’s Sick Leave balance. 5. Once donated to the Recipient, Vacation Time is not returned to the donor. 6. If insufficient leave is donated for the pay period, the remaining hours will be LWO. 7. Approval: a. Recipients submit the following to their HR liaison: i. A written donation of leave request signed and dated by the Recipient; and ii. Documentation from a health care provider that states the Recipient or “Immediate Family Member” is under the provider’s care for a serious health condition as defined by the FMLA that is expected to cause an absence from work for at least two (2) consecutive weeks or that states the need for intermittent medical treatment for radiation, chemotherapy, or dialysis. b. The request is approved or denied by the Appointing Authority. VI. SICK LEAVE A. Purpose: Sick Leave (which includes Earned Paid Sick Time as defined by A.R.S. § 23 -371 et seq.) is a paid absence for an eligible employee who is absent due to: 1. Personal illness or injury. 2. An FMLA-qualifying event. 3. Preventative, routine, and unexpected medical or dental appointments for the employee or employee’s “Family Member.” 4. Occasions that require the employee to care for a “Family Member” who is ill or injured. 5. Domestic violence, sexual violence, abuse, or stalking as defined by state law. 6. Any other purpose authorized by state law. B. Within the context of Sick Leave, a “Family Member” includes an employee’s: Spouse (the person to whom the employee is legally married under the laws of any state), domestic partner (the person to whom the employee is registered as a domestic partner under the laws of any state or political subdivision), and the employee’s, spouse’s, or domestic partner’s: Page 5 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 1. Child (biological, adopted, foster, step, legal ward, or child to whom the employee stands in loco parentis currently or when the child was a minor). 2. Parent (biological, adopted, foster, step, legal guardian, or anyone who stood in loco parentis when the employee, spouse, or domestic partner was a minor child). 3. Grandparent or grandchild (biological, adopted, foster, or step). 4. Sibling (biological, adopted, foster, or step). 5. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. C. Eligibility: Employees accrue Sick Leave beginning on the first day of employment with the County and may use it as it is earned. D. Accruals: 1. Classified Employees: Accrue Sick Leave at the rate of one hour for every 30 hours worked (.0333) up to a fixed total in each calendar year based upon months of credited service. Classified Employees MONTHS OF CREDITED SERVICE ACCRUED SICK LEAVE PER PAID HOUR TOTAL PER YEAR CAP 0-36 Months .0333 40.0 37-72 Months .0333 48.1 73 Months plus .0333 59.8 2. Unclassified Employees: Accrue Sick Leave in increments based upon months of credited service with the earnings capped at the totals below. Unclassified Employees MONTHS OF CREDITED SERVICE ACCRUED SICK LEAVE PER PAID HOUR TOTAL PER YEAR CAP 0-36 Months .03875 80.6 37-72 Months .04625 96.2 73 Months plus .05750 119.6 3. Classified and Unclassified Employees: For this provision for Classified and Unclassified employees, “hours worked” includes actual hours worked and any time in a paid leave status. 4. Temporary, Contract, and Head Start Contract Employees: Accrue one hour of Sick Leave for every 30 hours worked (.0333 per hour) with a maximum of 40 hours per calendar year. For these employees, “hours worked” includes only actual hours worked and not paid leave time. Temporary, Contract, and Head Start Contract Employees MONTHS OF CREDITED SERVICE ACCRUED SICK LEAVE PER PAID HOUR TOTAL PER YEAR CAP Any .0333 40 Temporary Employees can only use up to 40 hours of Sick Leave each calendar year regardless of their Sick Leave balance. Page 6 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 5. Full-time Exempt Employees: Accrue Sick Leave on up to 80 paid hours a pay period. Exempt employees who record less than 80 paid hours a pay period will accrue at a prorated amount. E. Use: Employees are eligible to use Sick Leave subject to the following: 1. Acceptable documentation or proof of illness may be required for consecutive absences. Supervisors must consult their HR liaison before requesting documentation. 2. Employees must make a good faith effort to provide as much advance notice of foreseeable appointments as possible and try to schedule foreseeable medical or dental appointments so they do not interfere with County or department business operations. 3. Employees must request to use Sick Leave and indicate the expected duration of the absence when possible. Departments may develop specific written call-out procedures for unforeseeable absences. 4. FMLA: If employees or their qualifying family members have a qualifying event under the FMLA, the provisions of federal law and County policy shall be followed. (See HR2413.) 5. Short Term Disability (STD) Requirement: Employees with STD insurance must use Sick Leave, Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period until the STD benefit begins. 6. Workers’ Compensation Requirement: Employees injured on the job must use Sick Leave, Vacation Time, and Leave Without Pay (in that order) during any applicable waiting period before workers’ compensation benefits begin. Employees may also elect to augment their workers’ compensation wage benefits with Sick Leave and Vacation Time (in that order). 7. Resignation: Employees who submit their resignation from employment shall not be allowed to “burn off” their paid leave by using Sick Leave or Vacation Time to extend their last day. F. Discretion to Send Employees Home: Supervisors may send employees home if they: 1. Come to work ill; or 2. Develop or exhibit an illness or condition while at work, which impairs their ability to be productive or jeopardizes co-workers’ or the public’s health or physical safety. Any lost work time is charged against employees’ Sick Leave, Vacation Time, and Leave Without Pay (in that order). G. Restrictions on Disciplinary Actions: Employees may not be disciplined for using Sick Leave protected by the FMLA or ADA or their first 40 hours of Sick Leave in a calendar year. However, failure to follow written departmental Sick Leave call-out procedures may result in disciplinary action. After an employee uses 40 hours of Sick Leave in a calendar year, any additional use of Sick Leave may be subject to the restrictions of a departmental time or attendance policy, including discipline for poor attendance unrelated to the protected 40 hours of Sick Leave. No departmental time or attendance policy can provide disciplinary action for any leave protected by the FMLA or authorized as an accommodation under the Americans with Disabilities Act (ADA). H. Retaliation: No employees shall be subject to retaliation or discrimination for using leave protected by state or federal law or for filing any complaint relating to their use of leave protected by state or federal law. Employees who believe they have been subjected to unfair treatment due to their use of leave protected by state or federal law should follow the complaint process outlined in HR 2405 (Employee Workplace Concerns) or HR 2406 (Prohibition Against Discrimination, Harassment, and Retaliation). Page 7 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 VII. HOLIDAY PAY A. Legal Holidays: The County has ten (10) paid holidays (New Year's Day, Martin Luther King, Jr./Civil Rights Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day). 1. The Legal Holidays currently observed by County employees may be automatically revised due to subsequent legislative changes. 2. A holiday that falls on a Sunday is observed on the following Monday, and a holiday that falls on a Saturday is observed on the preceding Friday. B. Eligibility: All employees (except Temporary Employees) whose standard hours are at least 20 hours per week, not required to work on a Legal Holiday, shall be paid for the holiday if they are in a paid status (e.g., hours worked or any paid leave) on their scheduled day before and after the Legal Holiday. C. Rules: 1. Vacation Time and Sick Leave will not be deducted for a Legal Holiday that falls within a group of days where an employee uses Vacation Time or Sick Leave. a. Employees with standard hours of 40 hours per week receive eight (8) hours of compensation for a Legal Holiday. Employees with standard hours of 20 to 39.99 hours per week receive a prorated amount for the holiday based on their standard hours. 2. Employees working a flexible schedule (e.g., four 10-hour days or a 9/80 schedule) receive no more than eight (8) hours of pay for a Legal Holiday. Subject to their supervisors’ discretion, employees working flexible schedules in a week which there is a Legal Holiday have the following options: a. Use Vacation Time to make up the difference between the eight (8) hours of Holiday Pay and their remaining scheduled hours; or b. Adjust their work schedules to make up the time provided that the time is made up within the same workweek in which the holiday occurred. D. Holidays Worked: Eligible Employees required by their Appointing Authority to work a Legal Holiday are compensated as follows: 1. Non-exempt Employees: Up to eight (8) hours of Holiday Pay based on the employee’s standard hours and pay for hours worked. Holiday Pay does not count as time worked for overtime eligibility. At the discretion of the Appointing Authority, non-exempt employees who are required to work on a Legal Holiday may receive equal time off (an hour for an hour worked on the holiday) from the employees’ standard hours within the same workweek of the Legal Holiday. 2. Exempt Employees: Exempt employees’ work schedules should be adjusted to ensure no more than 80 hours of pay is received (which includes regular hours worked, approved leave hours, and Holiday Pay) during the pay period in which the Legal Holiday occurs. If the Appointing Authority cannot adjust the employees’ work schedules and regular hours worked, they will receive Holiday Pay for hours worked on the Legal Holiday up to eight (8) hours. VIII. FLOATING PERSONAL DAYS A. Eligibility: Classified and Unclassified Employees (excludes Contract, Head Start Contract, and Temporary Employees), whose standard hours are 40 hours per week, receive eight (8) hours of paid leave each calendar year as a Floating Personal Day (prorated for those whose standard hours are 20 to 39 hours per week). Page 8 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 B. Use: Must be pre-approved according to the department’s needs and approval processes. C. Expiration: Expire at the close of business on December 31st of each calendar year and are not paid out when employees leave County service. IX. RECOGNITION LEAVE A. Purpose: Appointing Authorities may award Recognition Leave for clearly demonstrated excellence (significant and distinct results that set the employee apart from peers and have a positive impact on the department or County) on a project, task, or function that has occurred within the last 12 months: 1. Equal to the hours of an employee’s regular daily shift. 2. Not to exceed one recognition per employee during a calendar year. 3. No more than approximately 10% of a department’s workforce may receive Recognition Leave in a calendar year. B. Eligibility: Full-time employees except for Temporary Employees, employees who are not eligible for leave, and employees who received a reprimand or higher in the previous 12 months are not eligible. Recognition Leave is a retention tool for a department’s strongest performers. An employee's eligibility does not guarantee that the employee will receive an award. An employee who receives an award one year is not guaranteed to receive it again the following year. C. Use: 1. Must be pre-approved according to the department’s needs and approval processes. 2. Recognition Leave may be used during the pay period it is loaded into the County’s leave management system and may not be used before the current pay period in which the department approves its use. D. Expiration: Recognition Leave expires at the close of business on December 31st of each calendar year and is not paid out when employees leave County service. X. PAID PARENTAL LEAVE A. Eligibility: All employees (except Temporary Employees) whose standard hours are at least 20 hours per week and who have been employed by the County continuously for at least 12 continuous months. B. Qualifying Event: Live birth of an employee’s child or adoption of a child age 17 or younger (excludes the adoption of a spouse's child) that occurs after the employee’s 12 months of continuous County employment. C. Leave: Up to 240 hours (prorated for part-time employees) of Paid Parental Leave for the birth or adoption of a single child, or up to 480 hours (prorated for part-time employees) for the birth or adoption of multiple children. If both parents are employees, each parent is eligible for up to the applicable 240 or 480 hours of leave. D. Use: 1. May be used starting the date of the event and consecutively or intermittently during the following 12 months. 2. If applicable for a qualifying event, must be used first before Sick Leave and Vacation Time. 3. Must be pre-approved according to the department’s needs and approval processes unless following Page 9 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 the FMLA process. E. Maximum: One qualifying event during a rolling 12-month period totaling no more than 240 hours (prorated for part-time employees) for the birth or adoption of a single child, or no more than 480 hours (prorated for part-time employees) for the birth or adoption of multiple children. F. FMLA: Runs concurrently with FMLA leave if applicable. G. Separation: Unused Paid Parental Leave is not paid out upon separation. Paid Parental Leave recipients who voluntarily separate from County employment must repay any Paid Parental Leave received during the last twelve (12) months prior to their separation. Employees should reach out to Human Resources to determine repayment terms. The County Manager may grant an exception to this repayment if the parent or child has a serious health condition as defined by the FMLA, as documented by a medical provider, that precludes the employee from returning to work. XI. BEREAVEMENT LEAVE A. Eligibility: With the approval of the Appointing Authority, all employees (except Temporary Employees) may receive paid Bereavement Leave for the death of a “Family Member.” The Appointing Authority may require documentation substantiating the need for leave. For purposes of Bereavement Leave, “Family Member” includes an employee’s spouse to whom he/she is legally married under the laws of any state, parents (biological, adoptive, foster, step, in-law, or individual who stood in loco parentis to the employee when he/she was a child), sibling (biological, adopted, foster, step, in-law, or half), child (biological, adopted, foster, step, son/daughter-in-law, or child to whom the employee stands in loco parentis), grandparents (biological, adopted, step, or in-law), grandchildren, custodial persons, a reportable occurrence under Arizona law of fetal death of a listed relation, and the employee’s aunts, uncles, nieces, nephews, or first cousins. B. Leave: For each occurrence of the death of a “Family Member,” eligible full-time employees may receive up to (prorated for eligible part-time employees): 1. 24 hours when travel outside of Arizona is not required. 2. 40 hours when travel outside of Arizona is required. 3. An additional 16 hours is granted for the death of an employee’s spouse, child (biological, adopted, foster, or step), or parent (biological, adoptive, foster, or step). Bereavement Leave may be taken intermittently and must be used within 12 months of the death of the “Family Member.” C. Additional Time Needed: Bereavement Leave may also be taken in conjunction with other forms of qualifying leave (e.g., Vacation Time) subject to the provisions of this Policy. XII. CIVIC DUTY LEAVE A. Purpose: Civic Duty Leave may be used: 1. To exercise the right to vote consistent with state law, or 2. For other authorized civic activities pre-authorized by the Board of Supervisors or County Manager (e.g., Combined Charitable Campaign events or assisting the Maricopa County Elections Department with elections and related activities). B. Eligibility: For purposes of voting, all employees eligible to vote may receive Civic Duty Leave. All employees (except Temporary Employees) are eligible for all other purposes of Civic Duty Leave. Page 10 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 C. Use: 1. To Vote: All employees eligible to vote may receive up to three (3) hours to vote if their scheduled shift does not permit a three (3) consecutive hour period in which the polls are open for them to vote. a. Civic Duty Leave to vote should be requested before the election day. b. The Appointing Authority may designate the hours when the employee may be absent from the workplace and require evidence of eligibility to vote. 2. All other Approved Civic Duty Events: Employees’ (excluding Temporary Employees) ability to attend pre-authorized events is subject to the department’s needs and approval process. XIII. JURY DUTY LEAVE A. Eligibility: All employees (except Temporary Employees) are compensated for their standard hours during which they report to serve or serve on a municipal, county, state, or federal jury. B. Use: 1. Employees must follow departmental approval processes and provide notice of the summons before the scheduled jury duty. Departments may require verification of jury duty. 2. Employees who attend jury duty for fewer hours than they are scheduled to work (e.g., an employee on a 4/10 schedule attends 8 hours of jury duty or a regularly scheduled employee attends 6 hours of jury duty), may, subject to the discretion of the Appointing Authority: a. Work the remaining scheduled hours for that day on the same day or within the same workweek that they attended jury duty; or b. Use Vacation Time. 3. Employees on an alternative work schedule (e.g., 4 days/10 hours) are paid for all their standard hours during which they were actually on jury duty (e.g., an employee scheduled to work 4 days/10 hours who attends jury duty for 8 hours receives 8 hours of jury duty pay). 4. Employees summoned for jury duty who work on a second or third shift must have their schedule altered to permit them to fulfill their obligation to attend jury duty. 5. Waiting to Call: When employees are required to call during the workday to find out if they need to report to jury duty that day, they are not eligible for Jury Duty Leave pay. Employees should report to work as per their regular schedule until they call and find out if they are required to report for jury duty. 6. Jury Duty Payment: Employees keep their jury duty payment from the Court. Employees’ regular pay is reduced by this payment, excluding mileage reimbursement, unless the employees attend jury duty during their regularly scheduled days off, while using Vacation Time or Leave Without Pay, or while absent on FMLA leave. XIV. WITNESS LEAVE A. Eligibility: All employees (except Temporary Employees) shall receive paid Witness Leave when noticed as a witness, subpoenaed to testify in a legal action arising from County work-related events, or subpoenaed by a governmental entity to testify in an unrelated action to the employee’s work. B. Use: Employees must follow departmental approval processes and provide a copy of the subpoena in advance of the date they are ordered to appear. Page 11 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 XV. CRIME VICTIM LEAVE A. Purpose: Employees who are the victim of a criminal offense or who are an immediate relation (spouse, parent, child, sibling, grandparent, or any other person related to the person by consanguinity or affinity to the second degree), or any other lawful representative of a person who has been killed or incapacitated during a criminal offense, may use their Sick Leave, Vacation Time, or LWO in any combination to attend court proceedings related to the crime. B. Reasons for Crime Victim Leave: Specifically, victims of juvenile offenses are given the right to leave work to be present at proceedings under A.R.S. §8-395 (post-conviction release hearing), §8-400 (any hearing at which the accused has the right to be present), §8-401 (detention hearing), §8-402 (post-arrest release hearing), §8-403 (plea negotiation hearing); §8-405 (disposition hearing), §8-406 (probation modification or termination hearing), and/or §8-415 (reexamination proceeding). Similarly, victims of adult offenses are given the right to leave work to be present at proceedings under A.R.S. §13-4414 (post-conviction release hearing), §13-4420 (any proceedings at which the defendant has a right to be present), §13-4421 (initial appearance), §13-4422 (post-arrest release hearing), §13- 4423 (plea negotiation hearing), §13-4426 (sentencing), §13-4427 (probation modification or termination), and §13-4436 (reexamination proceeding). C. Eligibility: All Employees. D. Use: Leave to attend court proceedings is subject to the department’s needs, approval process, and the requirements below. 1. Employees seeking to use Victim Leave must provide the Appointing Authority: a. A request for Victim Leave at least two weeks in advance of such leave unless such advance time is not practicable or foreseeable. b. A copy of the form or information provided by the law enforcement agency related to the crime. c. If applicable, a copy of the notice of each scheduled proceeding provided to the victim by the agency responsible for giving notice to the victim. 2. Appointing Authorities who receive documentation qualifying employees for Crime Victim Leave: a. Will approve the leave requested to attend proceedings at the dates and times specified unless such leave creates an undue hardship on the department (significant difficulty and expense to the department, taking into consideration the department's size and resources and the critical need of the employee). Accrued balances must be sufficient for the paid time, or Leave Without Pay may be granted as requested. i. Victims may notify the prosecutors if exercising their rights under this section would create an undue hardship for the County so that the prosecutors can communicate the notice to the courts during the scheduling of proceedings where the victims have the right to be present. ii. Care must be taken when documenting the leave to protect the confidentiality and privacy rights of the employee. All records related to Victim Leave will be afforded the same safeguards as other confidential, personal information. b. Shall not refuse to hire or employ, bar or discharge from employment, or discriminate against an individual in any terms, conditions, or privileges of employment because the individual leaves work pursuant to the provisions of this section. XVI. MILITARY LEAVE Page 12 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 A. Short and long-term Military Leave shall be granted in accordance with all state and federal laws. B. Employees on Military Leave can remain on County benefits for up to 24 months. The County will pay the employer portion of such benefits for up to one (1) year; the employee would have to cover the employer portion of such benefits beyond the one (1) year. XVII. ADMINISTRATIVE LEAVE WITH PAY Appointing Authorities may authorize Administrative Leave with Pay for employees’ standard work hours when: A. They are removed from the workplace for allegedly engaging in misconduct that will likely result in discipline. B. They are under investigation or during a notice period. C. It is in the County’s best interest not to have employees who resigned work through their last day. Administrative Leave with Pay granted by appointed departments requires County Manager approval to continue the leave beyond 180 calendar days. XVIII. EMERGENCY LEAVE WITH PAY Emergency Leave with Pay may be authorized to cover any employee’s standard work hours if authorized: A. By the County Manager for emergencies. B. Via a declaration by the Board of Supervisors or the Governor of the State of Arizona that a state of emergency or disaster exists. XIX. LEAVE WITHOUT PAY A. Eligibility: LWO may be taken by employees eligible to take leave under the FMLA or in the event the employee’s leave is authorized as an accommodation under the ADA. Otherwise, Classified and Unclassified Employees may submit a written request to take a leave of absence without pay of up to six (6) months; approval of which shall be subject to the discretion of the Appointing Authority and based on the needs of the department. B. Use: 1. All accrued and available paid leave must be exhausted before an employee may be placed on Leave Without Pay unless the situation falls under Section V.F. above or the employee is on protected Military Leave and chooses not to use earned paid leave. 2. If an employee is on Leave Without Pay for an entire pay period or more, the Appointing Authority must submit a Personnel Action Form indicating the leave to Human Resources. 3. Employees do not accrue Vacation Time or Sick Leave during periods of Leave Without Pay. XX. FURLOUGH A. Purpose: A Furlough is a mandatory unpaid leave of one or more days imposed by departments to accomplish a budget reduction due to a budget deficit. B. Every department contemplating the need for a Furlough must comply with the provisions of HR2403, “Reductions in Force and Furloughs,” and any related budget policies. Page 13 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 C. Eligibility: All employees may be subject to Furloughs. D. Rules: 1. Furlough time must be taken in full workday increments, or the residual mandatory Furlough time of less than an entire workday may be taken at one time. 2. Employees on Furlough: a. Accrue leave at the same rates as they would for worked hours. b. Where appropriate, remain eligible for Holiday Pay even if a Furlough day off occurs on the day before or the day after a Legal Holiday. c. Are not compensated at a later time for their unpaid Furlough days off. d. Who are exempt under the Fair Labor Standards Act (FLSA) must be managed consistently with the provisions of the FLSA and other applicable state or federal laws. e. Must not perform any work for the County while on furlough status (e.g., reviewing emails, taking work-related telephone calls, or accessing County networks remotely). E. See Reductions in Force and Furloughs Policy (HR2403) for additional information. XXI. ADDITIONAL PROVISIONS FOR HEAD START CONTRACT EMPLOYEES A. Human Services’ full-time Head Start Contract employees may be offered: 1. Up to 48 hours of Vacation Time. 2. Up to 10 additional paid days for breaks such as fall, winter, or spring as determined by the Human Services Department based on the budget and academic calendar. 3. The County’s standard health benefits, including employer-paid premiums, during unpaid, non-work periods as long as the employees meet the same eligibility requirements as regular employees and pay the applicable employee premiums for the unpaid time. The applicable employee premiums can be paid in a lump sum at the beginning of the non-work period, or the employee can continue to pay them directly to the County every two (2) weeks. B. Employees on an unpaid leave of absence of any duration on their scheduled workdays before or after a paid break shall not receive the paid break time identified above. XXII. EXECUTIVE COMPENSATION PACKAGES A. Executive Compensation Packages (ECPs) for employees (except Temporary Employees) at a level equivalent to a department deputy director or above may be approved by: 1. The Board of Supervisors; or 2. The County Manager or designee, as long as the leave does not exceed 80 hours of Vacation Time, 80 hours of Sick Leave, and/or a Tier 3 accrual rate for Vacation Time and Sick Leave. B. Separation: ECP recipients who separate from employment will only be paid out for Vacation Time if they have completed at least twelve (12) months of continuous non-temporary employment in the months immediately preceding the date of their separation. Contract and Head Start Contract Employees are not eligible for any Vacation Time payout upon separation. Page 14 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 XXIII. LEAVE ADJUSTMENT INCENTIVES A. Leave Adjustment Incentives for employees (except Temporary Employees) in critical and difficult to retain or fill positions may be approved by: 1. The Board of Supervisors; or 2. The County Manager or designee, as long as the leave does not exceed 80 hours of Vacation Time, 80 hours of Sick Leave, and/or a Tier 3 accrual rate for Vacation Time and Sick Leave. Departments must show how the position is critical and difficult to fill. B. Separation: Recipients of a Leave Adjustment Incentive who separate from employment will only be paid out for Vacation Time if they have completed at least twelve (12) months of continuous non-temporary employment immediately preceding the effective date of their separation. Contract and Head Start Contract Employees are not eligible for Vacation Time payout upon separation. XXIV. REINSTATEMENT A. Employees who separate and return to County service within one year of separation shall have their Sick Leave that was forfeited at the time of separation reinstated and have immediate access to use it. B. Exception: Employees who receive a Post-Employment Health Plan at retirement in exchange for their accrued Sick Leave and return to County service shall not have any Sick Leave reinstated and will begin accruing paid leave as a new employee with zero months of credited service. XXV. MISCELLANEOUS A. Non-Exempt Employees: Except for Holiday Pay, Emergency Leave with Pay, the first 40 hours of Sick Leave each calendar year (Earn Paid Sick Time as defined by A.R.S. § 23 -371 et seq.), and Board- approved Premium Pay Rates that allow for non-exempt employees to be compensated above their standard hours, any other form of paid leave (e.g., Vacation Time, Sick Leave, Bereavement, Civic Duty Leave, Jury Duty Leave, Administrative Leave with Pay, or Floating Personal Day) cannot be used to pay employees for more hours than their standard hours in a week. For example, an employee on vacation for the week who gets called into work on Saturday would only get paid 40 hours for that week (not 48 hours) and would have the Vacation Time reduced to 32 hours. B. Exempt Employees: Exempt employees cannot use paid leave to be paid for more than 80 hours in a pay period except as outlined under Holiday Pay or Board-approved Premium Pay Rates that allow for compensation above 80 hours in a pay period. C. Interview Leave: At the discretion of the Appointing Authority, employees can use work time to interview for another position within the County. D. Non-exempt Medical Assistants, Mental Health Associates, Licensed Practical Nurses, and Registered Nurses Providing Care in a Correctional Health Clinic/Environment Exception: Based on business needs and industry standards, the County Manager may allow the aforementioned employees whose standard hours are between 36 to 39.99 hours per week to accrue Vacation Time or Sick Leave and receive Holiday Pay, Bereavement Leave, or a Floating Personal Day, equivalent to a 40-hour per week employee. Page 15 of 15 Policy Title: EMPLOYEE LEAVE Policy Number: HR2415 Current Adoption Date: 10-17-2022 Revision History Version Revision Date Description of Revision 1 12/17/2008 Initial version (C-31-09-006-6-00) 2 05/20/2009 Added provisions for furloughs (C-31-09-016-6-00) 3 06/22/2009 Modifications to fit conversion to new HRIS (C-31-09-018-6-00) 4 12/15/2010 Updated Holiday Pay calculation (C-31-09-018-6-01) 4 01/12/2011 Allowed contract and temporary employees to use military leave (C-31-09-018-6-02) 5 06/22/2011 Updated short-term disability language (C-31-11-017-6-00) 6 07/06/2011 Updated donated vacation leave language (C-31-11-017-6-01) 7 02/22/2012 Various edits to alter what qualifies for leave (C-31-11-017-6-03) 8 06/24/2013 Updated language to reflect changes to Policy HR2413 FMLA Approved Leaves of Absence, County Head Start Contracts, Short Term Disability waiting periods, and Legal Holidays, A.R.S. § 11-413 (C-31-11-017-6-04) 9 01/29/2014 Updated so FMLA eligibility is not needed to accept donated leave and clarified that contract employees can receive donated leave (C-31-11-017-6-05) 10 12/09/2015 Minor revisions to align with changes to Employee Merit System Rules (C-31-16-016-6-00) 11 06/21/2017 Revisions necessary to comply with A.R.S. 23-371 through 23-381 (Earned Paid Sick Time) (C-31-17-039-6-00) 12 06/27/2018 Updated and clarified language, added Recognition Leave, and change eligibility for vacation payout and donation of vacation time to 12 months (C-31-17-039-6-01) 13 09/19/2018 Unused donated vacation is not returned to the donor, and employees on protected military leave do not have to use paid leave before they go into an unpaid leave status (C-31-17-039-6-02) 14 05/22/2019 Added language to prevent frontloading vacation time, updated Recognition Leave, and updated the Reinstatement Section (C-31-17-039-6-03) 15 09/18/2019 Added Emergency Leave with Pay, a maximum and cap to donated Vacation Time, a maximum amount of Sick Leave that can be used for temporary and contract employees, and updated Bereavement Leave (C-31-17-039-6-04) 16 03/04/2020 Corrected a minor grammatical error under the Family Member definition (removed “in-law” under the child definition) 17 05/09/2021 Updated “Family Member” definition for Sick Leave, an additional 16 hours of Bereavement Leave is given for the death of an employee’s spouse, child, or parent, clarified when Administrative Leave may be authorized, and added a correctional health environment exception under miscellaneous (C-31-17-039-6-05) 18 12/08/2021 Updated Administrative Leave with Pay - only appointed departments need the County Manager’s approval to continue the leave beyond 180 calendar days (C-19-22-066-X-00) 19 02/23/2022 Added Paid Parental Leave (C-31-17-039-6-06) 20 08/17/2022 Updated language for consistency, updated XXV.A., removed HR Director approval for Donated Vacation Time as well as the one qualifying event per year cap, and removed the annual Sick Leave use cap for contract employees. (C-31-17-039-6-07) 21 10/19/2022 Updated XXV.D. to include Medical Assistants. (C-31-17-039-6-08)