Leaves_and_Absences (2)

Policy
610
City of Tolleson
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Leaves and Absences
610.1   PURPOSE
This section outlines the usage of leave time by the employee, including vacation leave, sick leave,
bereavement leave, industrial leave, holiday leave, personal leave, election days, jury duty, and
modified duty.
610.2   GENERAL
It is the responsibility of the supervisor to exercise prudent judgment in scheduling time off,
granting leave without pay, and scrutinizing the usage of leave. All requests for leave should be
requested in writing.
The accumulation of vacation,  and sick and personal leave is based on continuous employment.
During an authorized,  unpaid  leave of absence,including but not limited to short-term disability
(STD), long-term disability (LTD), industrial leave, or unpaid personal leave employees will not
accrue vacation, sick, or personal leave during their leave period. However, employees on a
paid leave status (i.e., using accrued leave) will continue to accrue benefits per standard accrual
policies. leave of absence or leave without pay, neither vacation nor sick leave will be accumulated.
610.3   VACATION
Employees are urged to plan ahead in scheduling their vacations. Planning better allows
supervisors to schedule work. Department Directors may require employees in certain positions
to take vacation as deemed necessary.
610.3.1   VACATION ACCRUAL
All full-time regularly employed classified and unclassified employees shall be awarded vacation
leave with pay in accordance with the administrative policy. Employees who are working on a part-
time or reserve status are not eligible for vacation leave with pay. All full-time employees other
than sworn firefighters and department directors will accrue:
0-4 years
3.38 hours per pay period (11 days per year)
5-10 years
4.92 hours per pay period (16 days per year)
10+ years
6.48 hours per pay period (21 days per year)
Department Directors will accrue:
0-10 years
4.92 hours per pay period (16 days per year)
10+ years
6.48 hours per pay period (21 days per year)
All full-time sworn firefighter employees, defined as fifty-six (56) hour workweek employees who
are normally scheduled to work rotating shifts of duty during a twenty-four(24) hour period but

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excluding the department director, supervisory personnel, and other fire department staff assigned
a regular forty (40) hour workweek, will accrue:
0-4 years
4.73 hours per pay period (5.12 shifts per year)
5-10 years
6.89 hours per pay period (7.46 shifts per year)
10+ years
9.07 hours per pay period (9.82 shifts per year)
610.3.2   LIMITS TO VACATION ACCRUAL
No regularly employed classified or unclassified employee will be allowed to carry over vacation
leave in excess of 320 hours and 448 hours for fifty-six (56) hour per week employees (i.e.,
firefighter, fire engineer, fire captain, battalion chief). On January 1st of the calendar year, any
accrued vacation leave in excess shall be forfeited; unless the City Manager, within his or her sole
discretion, authorizes an exception in extraordinary circumstances (i.e., individual case, state or
national emergency, pandemic, etc.)
610.3.3   VACATION ACCRUAL FOR REINSTATEMENTS AND CREDITED YEARS OF
SERVICE
If a former employee in good standing is reinstated within 30 calendar days from the separation
date, that employee will return to the accrual schedule in place prior to separation and has the
option to buyback vacation leave by returning the payment to Finance. The buyback may be partial
or full.
Employees who are reinstated more than 30 calendar days from their separation date will accrue
vacation as a new hire. No buyback option shall be allowed
610.3.4   VACATION LEAVE WHILE ON DISABILITY, INDUSTRIAL LEAVE OR UNPAID
LEAVE
(a) Employees on a paid status (such as using accrued leave) will continue to accrue vacation
leave in accordance with standard accrual policies. However, employees on short-term disability
(STD), long-term disability (LTD), industrial leave, or on an unpaid status will not accrue vacation
leave during their leave period. Additionally, employees receiving STD or LTD benefits may not
use vacation leave while receiving these benefits.
(b) Employees on disability or industrial leave who are unable to use accrued vacation before
the end of the applicable carryover period may request to carry over unused time, subject to City
policy and approval by the City Manager or designee. Refer to sick leave section 601.4
610.3.5   PAYMENT OF VACATION LEAVE UPON TERMINATION OF EMPLOYMENT
(a) An employee's accrued vacation leave will be paid upon the employee's termination,
resignation or retirement with the City. (b) All of an employee's accrued vacation leave will be paid
in the next regular pay period following the employee's termination, resignation or retirement with
the City, unless the employee elects to defer the accrued vacation leave into a tax deferred account
as per the subsection below or as otherwise required by law. (c) In the alternative to such payment,

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the employee may elect to defer the accrued vacation leave to an account for the employee in
any eligible tax deferred compensation plan (such as a 457 plan) that is then maintained by the
City and accepts such deferrals, only if a written deferral election is made before the beginning
of the month in which the amount is made available or otherwise paid to the employee (or such
earlier time as is prescribed in the applicable Treasury Regulations for such plan).
1. An employee may not use vacation leave to extend the date of a voluntary resignation,
involuntary termination, layoff, or reduction-in-force.
2. In the event of death, the employee's estate shall be paid for accrued vacation leave at
the rate of pay in effect at the time of the employee's death.
610.4   SICK LEAVE
Full-time employees shall accrue sick leave benefits on a bi-weekly (pay period) basis. Part-time,
temporary, and seasonal employees shall accrue sick leave benefits based on the number of
hours worked. Sick leave may first be used upon completion of 30 calendar days of employment.
The City reserves the right to request that the employee provide documentation for absences of
three (3) or more consecutive days.
All full-time employees other than sworn firefighters will accrue:
Full-Time
3.68 hours per pay period (12 days per year)
All part-time, temporary, and seasonal employees will accrue:
Part-Time, Temporary, Seasonal
1 hour for every 30 hours
worked, up to 40 hours per year
Sworn firefighters will accrue:
Sworn Firefighters
5.15 hours per pay period (5.58 shifts per year)
610.4.1   EARNED PAID SICK TIME
The first 40 hours of sick leave taken in a calendar year will be counted as earned paid sick time
("PST") under A.R.S. § 23-371 et seq. PST may be used for the purposes set forth in Arizona
Revised Statutes § 23-373. These purposes include:
(a) An employee's mental or physical illness, injury, health condition, or actual or potential
exposure to a communicable disease;
(b) To care for a family member's mental or physical illness, injury, health condition or actual or
potential exposure to a communicable disease;
(c) An employee's or a family member's need for medical diagnosis, treatment, or preventative
care;
(d) Certain public health emergencies; and

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Absence due to domestic violence, sexual violence, abuse, or stalking involving the employee or
a family member.
For purposes of PST only, a "family member" is defined as:
(a) Regardless of age, a biological, adopted or foster child, step child or legal ward, a child of a
domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom
the employee stood in loco parentis when the individual was a minor;
(b) A biological, foster, stepparent or adoptive parent or legal guardian or an employee or an
employee's spouse or domestic partner or a person who stood in loco parentis when the employee
or employee's spouse or domestic partner was a minor child;
(c) A person to whom the employee is legally married under the laws of any state, or a domestic
partner of an employee as registered under the laws of any state or political subdivision;
(d) A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step
relationship) of the employee or the employee's spouse or domestic partner; or
(e) Any other individual related by blood or affinity whose close association with the employee is
the equivalent of a family relationship.
PST (and all other paid sick leave) will run concurrently with Family and Medical Leave Act
("FMLA") if the leave qualifies as FMLA leave.
610.4.2   SICK LEAVE UPON EXHAUSTION OF PST FOR FULL-TIME EMPLOYEES
Usage of sick leave beyond 40 hours in a calendar year for full-time employees shall be allowed for
personal illness or injury, travel time to and from a physician's office, to care for a family member
as defined in the FMLA, FMLA leave, and Americans with Disabilities Act ("ADA") leave.
610.4.3   LIMITS TO SICK LEAVE
Full-time, regular employees' sick leave shall accrue continuously without any limit on the total
amount that can accumulated.
Part-time, temporary, and seasonal employees: All sick time accrued by part- time, temporary,
and seasonal employees will be considered PST. Part-time, temporary, and seasonal employees
may not use more than 40 hours of PST during a calendar year. Any accrued, unused PST,
up to 40 hours, at the end of a year shall be rolled over to the following year; however, part-
time,temporary, and seasonal employees may only use 40 hours of PST per year. PST earned bya
temporary or seasonal employee shall not be paid upon the employee's separation. If a temporary
or seasonal employee is rehired within 9 months from the separation date, unused, accrued PST
will be reinstated.
610.4.4   SICK LEAVE CASH OUT PROGRAM
Employees may participate in the sick leave cash-out program whereby full-time employees may
sell back accrued sick hours. Employees will be provided the opportunity to cash out up to 80 hours
of accrued sick leave (112 hours for sworn fire personnel working 56-hour schedule). Payment will

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be made at one half (1/2) the employee's base hourly rate at that time of cash out. To be eligible
for the program, employees must have 240 hours (336 sworn fire) or higher of sick leave by the
second pay cycle of November each fiscal year. Only accrued hours exceeding 240 hours (336
hours for sworn fire), at the maximum allowed, will be available for cash out.
The program will be evaluated annually based on the City's financial state determined by the City
Council and City Manager. The City Manager will establish the guidelines for the administration
of the program and shall have the sole discretion to terminate or pause the program at any time.
610.4.5   SICK LEAVE WHILE ON DISABILITY, INDUSTRIAL LEAVE OR UNPAID LEAVE
(a) Employees in a paid status (such as using accrued leave) will continue to accrue sick leave in
accordance with standard accrual policies. However, employees on short-term disability (STD),
long-term disability (LTD), industrial leave, or in an unpaid status will not accrue sick leave during
their leave period. Additionally, employees receiving STD or LTD benefits may not use sick leave
while receiving these benefits.
610.4.6   PAYMENT OF SICK LEAVE UPON TERMINATION
(a) No part of an employee's accrued and unused sick leave will be paid upon the employee's
termination, resignation or retirement if the employee has less than ten years of consecutive
employment with the City.
(b) All of a full-time employee's accrued and unused sick leave will be paid, up to a maximum of
560 hours of sick leave for full-time 40 hour workweek employees and up to 784 hours of sick
leave for 56 hour workweek employees, after the beginning of the month following the date of the
employee's termination, resignation or retirement, only if the employee has ten or more years of
consecutive employment with the City.
(c) In the alternative to such payment, a full-time employee may elect to defer the accrued and
unused sick leave to an account for the employee in any eligible tax deferred compensation plan
(such as a 457 plan) that is then maintained by the City and accepts such deferrals, only if a
written deferral election is made before the beginning of the month in which the amount is made
available or otherwise paid to the employee (or such earlier time as is prescribed in the applicable
Treasury Regulations for such plan).
(d) A part-time employee who has 10 or more years of consecutive service with the City will be
paid any unused, accrued PST remaining in the year of separation, up to a maximum of 40 hours.
(e) An employee may not use sick leave to extend the date of a voluntary resignation, involuntary
termination, layoff, or reduction-in-force.
(f) In the event of death, the employee's estate shall be paid for accrued sick leave at the rate
of pay in effect at the time of the employee's death if the employee would have been otherwise
entitled to payment of accrued sick leave.
(g) If a former full-time or part-time employee is reinstated within 9 months from the separation
date, unused sick leave will be restored and made available. If the employee was paid out sick

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leave the employee has the option to buyback sick leave by returning the payment to Finance.
The buyback may be partial or full.
(h) Unused paid parental leave is not payable upon separation of employment.
610.4.7   SICK DONATION PROGRAM
The City has established a Sick Donation Program which shall be governed by the following
procedures:
(a) Any Employee who has depleted his/her accrued sick, vacation, and personal leave as a
result of his/her serious illness or injury (hereafter "Requesting Employee") or is caring for a family
member with a serious health condition may request access to the City's Donation Program (the
"Program") by submitting a letter or request form to the Employee Resources Department.
(b) To be eligible, an employee;
1.
Must be a full-time employee;
2.
Must have a Family and Medical Leave Act (FMLA) qualifying event (although it is not
necessary for an employee to meet FMLA tenure requirements)
3.
Must have exhausted all forms of paid leave (i.e. vacation, sick, personal,
compensatory time);
4.
Must not be receiving funds from Workers' Compensation, Short Term Disability or
Long Term Disability;
5.
Must be suffering from his or her own serious medical hardship or catastrophic illness
or injury or need to care for a family member (as defined by FMLA) including a spouse,
child or parent suffering a serious medical hardship or catastrophic illness:
6.
Must not have been counseled for abuse of leave during the last three years of their
employment;
(c) A Requesting Employee may request to receive from other City employees donations of such
other employee's sick leave (hereafter "Donating Employees") in order to receive income (at
the Requesting Employee's rate of compensation) during the Requesting Employee's period of
serious illness or injury or eligible family member's illness or injury. Eligible family member is
defined by the Family Medical Leave Act (FMLA).
(d) Donating Employee may donate their sick leave to the Program only if a Donating Employee
has thirty or more days of accumulated sick leave (240 for non sworn fire and 336 sworn fire) The
donation will not be permitted if it will reduce the donating employee's sick leave accrual balance
to less than 240 for non sworn fire and 336 for sworn fire. All donations of sick leave to the Program
must be submitted pursuant to the Medical Leave Assistance Form which can be obtained from
the Employee Resources Department.
(e) The Employee Resources Department is responsible for coordinating donations, reviewing
requests and making a recommendation to the City Manager for his/her final approval. Employees
may only request and accept donations to cover absences through the last day of the requested

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time off. Donations of sick leave may not be made to any Donating Employee's immediate
supervisor.
(f) No Requesting Employee shall be eligible for the Program after he/she qualifies for short- term
disability coverage.
(g) Sick leave donations are voluntary. Employees are prohibited from soliciting, offering, or
receiving monetary or any other compensation or benefits in exchange for donating sick leave
hours.
(h) Donated sick leave hours will be converted to a dollar value based on the donating employee's
regular hourly rate at the time of donation. This amount will then be divided by the receiving
employee's hourly rate to determine the actual number of hours received.
610.5   NOTICE OF LEAVES
In any instance in which an employee anticipates taking a leave of absence for any reason,
including but not limited  to due  to a disability, including pregnancy, medical, family or personal
reasons, the employee shall notify his or her supervisor or department director as soon as
practicable. The notification should include the approximate date the leave will commence and the
anticipated date of return.  of the approximate date that the leave will commence and, in addition,
the anticipated date of return.
610.6   REASSIGNMENT FOR HEALTH REASONS
610.6.1   GENERAL REASSIGNMENT
When it is found that the duties of the employee require activity or exposure which may be injurious
to his or her health, reasonable effort will be made to reassign temporarily the employee to other
work to which he or she is qualified.
610.6.2   PREGNANCY REASSIGNMENT
At all times, the City will comply with the requirements of the Pregnancy Discrimination Act of
1978, including temporary reassignment of a pregnant employee to other work for which she is
qualified, to the extent required by the law.
610.7   FAMILY LEAVE
Family leave is granted in accordance with the Family and Medical Leave Act (FMLA) of 1993
and amendments thereto. For additional information, including the FMLA Policy, please contact
the Employee Resources Department. Refer to section 614 for more information.
610.8   PARENTAL LEAVE
The City will provide up to four consecutive weeks of paid parental leave to eligible employees
during the first 30 days following the birth of a child or the placement of a child with an employee
through adoption or legal parentage in the case of surrogacy. This leave is intended to enable
employees to care for and bond with a newborn, a newly adopted child, or a newly placed child.

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This policy runs concurrently with Family and Medical Leave Act (FMLA) leave, as applicable,
for events occurring on or after October 8, 2024. Employees working a 40-hour work week will
be eligible for 160 hours, and 56-hour employees will be eligible for 240 hours. In the event both
parents are employed by the city, they are each permitted parental leave. Paid parental leave is
not payable upon separation from employment.
610.9   BEREAVEMENT LEAVE
Upon the death of an immediate family member, a full-time employee may be granted
bereavement leave, usually a maximum of one (1) day. This day shall not be chargeable to sick
or vacation leave. A Department Director may extend the bereavement leave for an individual,
up to a maximum of four (4) days. Any additional hours beyond the limit may be charged to
employee sick or vacation leave with Department Director approval. For the death of anyone other
than an immediate family member, a Department Director with City Manager approval may grant
bereavement leave in accordance with this policy.
Immediate family shall mean: mother, father, brother, sister, daughter, son, grandmother,
grandfather, uncle, aunt, mother-in-law, father-in-law, brother-in-law, sister-in-law, wife, and
husband.
610.10   INDUSTRIAL LEAVE
Industrial leave is defined as leave necessitated by an injury or condition sustained in the course
and scope of employment with the City, to obtain treatment and/or recuperation as determined
by a licensed physician.
Industrial leave is not accrued, but is available through the State Industrial Commission in
conjunction with State Law and City Policy.
When an employee sustains an injury or illness arising out of and in the course of employment,
the employee must report the incident immediately to his or her supervisor. Failure to report an
industrial incident in a timely manner could result in denial of the workers compensation claim.
610.11   MILITARY LEAVE
Employees who are ordered to active duty, training, or other military obligations shall be granted a
leave of absence from employment without loss of seniority, pay, or employment status or rating.
(a) Military leave will not be deducted from any accrued vacation or other paid leave balances
unless requested by the employee.
(b) Employees are entitled to 15 days of paid military leave each year or 30 days of paid military
leave within a two-year period. For sworn fire personnel working a 24-hour shift schedule, military
leave will be converted to reflect their standard shift hours to ensure equitable application of the
benefit.

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(c) Upon completion of military duty, employees are entitled to reinstatement to their previous
position or an equivalent role, consistent with state and federal protections. Military leave is
granted in accordance with Federal and State law.
610.12   LEAVE WITHOUT PAY
Leave Without Pay may be authorized when all accrued leave benefits have been used or in
unique situations.
To apply for such a leave, an employee shall submit a written request to their Department Director
and City Manager; the request is subject to their approval. Vacation and Sick leave accruals will
discontinue when Leave Without Pay is taken.
610.13   HOLIDAY LEAVE
The City shall maintain official holidays and policies governing employees and time off and
compensation. For additional information contact the Employee Resources Department
(a) City holidays are as follows:
January 1st
New Year's Day
3rd Monday in January
Martin Luther King Jr. Day
3rd Monday in February
President's Day
March 31st
Cesar Chavez Recognition
Last Monday in May
Memorial Day
June 19th
Juneteenth
July 4th
Independence Day
1st Monday in September
Labor Day
November 11th
Veteran's Day
4th Thursday in November
Thanksgiving
4th Friday in November
Day after Thanksgiving
December 25th
Christmas
All full-time employees will receive holiday pay for city recognized holidays. Non-exempt
employees (including non-exempt police and fire personnel) who are required to work on a city
recognized holiday will receive, in addition to their regular pay, one and one-half (1.5) times their
regular rate of pay for the first eight (8) hours worked on the holiday. Working hours must occur
on the holiday between 12:00 a.m. to 11:59 p.m. Any time worked by non-exempt employees on
a city recognized holiday in excess of eight (8) hours will be paid at the employee's regular rate
unless the hours constitute overtime in accordance with the Fair Labor Standards Act (FLSA).
Exempt battalion chief employees who work eleven (11) hours or more on a scheduled shift on a
city recognized holiday will receive, in addition to their base pay, an amount equivalent to eleven
(11) hours calculated at the hourly base rate.

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Non-exempt and exempt employees who work on a city recognized holiday may be given, with
supervisor approval, a substitute day off during the same pay-period as the holiday in lieu of any
additional compensation.
When a holiday falls on a day an employee is not scheduled to work, non-exempt and exempt
employees will be given a substitute day off with pay, if operationally possible. The substitute day
must be taken during the same pay period as the holiday. If a non-exempt employee does not
take a substitute holiday day off, because it was not operationally possible to do so, he or she will
receive one (1) day's pay at his or her regular rate (not overtime rate) as compensation in lieu of
a substitute holiday day off. In some cases, the City may choose to observe an alternate day for a
holiday due to the holiday occurring on a day of general office closure (i.e. Saturday or Sunday).
Employees who work on an observed holiday (as opposed to the actual holiday) will receive, in
addition to their regular pay, straight time pay at their regular rate (not overtime rate) for hours
worked that day. At no point will an employee be compensated two times for a holiday.
610.14   PERSONAL LEAVE
In addition to the listed holidays, each employee shall be granted one (1) personal day off per
calendar year.
610.14.1   PAYMENT OF PERSONAL LEAVE UPON TERMINATION OF EMPLOYMENT
An employee's accrued personal leave will be paid upon the employee's termination, resignation
or retirement with the City. The accrued personal leave will be paid in the next regular pay period
following the employee's termination, resignation or retirement with the City.
(a) An employee may not use accrued personal leave to extend the date of a voluntary resignation,
involuntary termination, layoff, or reduction-in-force.
(b) In the event of death, the employee's estate shall be paid for accrued personal leave at the
rate of pay in effect at the time of the employee's death.
610.14.2   PERSONAL LEAVE ACCRUALS FOR REINSTATEMENTS
If a former employee in good standing is reinstated within the same calendar year in which he/she
used or was paid out personal leave, he/she will not accrue personal leave until the forthcoming
calendar year.
610.14.3   PERSONAL LEAVE WHILE ON DISABILITY, INDUSTRIAL OR UNPAID LEAVE
(a) Employees in a paid status (such as using accrued leave) will continue to accrue personal
leave in accordance with standard accrual policies. However, the employee on short-term disability
(STD), long-term disability (LTD), industrial leave, or in an unpaid status will not accrue personal
leave during their leave period. Additionally, employees receiving STD or LTD benefits may not
use personal leave while receiving these benefits.
(b) Employees on disability or industrial leave who are unable to use accrued personal leave
before the end of the applicable carryover period may request an extension, subject to City policy
and approval by the City Manager or designee.

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610.15   ELECTION DAYS
The biannual general election day, the first Tuesday after the first Monday in November of every
even-numbered year, is not a legal holiday. However, every public officer or employee is entitled
to three (3) consecutive hours of time to vote in any election from the opening of the polls or prior
to closing of the polls. Requests shall be made for such an absence prior to the day of the election
and the supervisor may specify the hours during which the employee may be absent.
610.16   JURY DUTY
610.16.1   GUIDELINES
All employees should consider jury duty as a necessity required in our democratic society. When
serving, the employee shall receive their regular pay during the time of actual duty, subject to
the following:
(a) Upon notification from the Clerk of Court, the employee shall notify the immediate supervisor
or Department Head.
(b) The employee shall be allowed sufficient time to change his/her attire and to reach the place
of jury duty.
(c) If dismissed from jury duty during normal working hours, the employee shall promptly return
to work.
610.16.2   SUBMISSION OF JURY DUTY FEE PAYMENT TO THE CITY
The employee shall submit the compensation received for jury duty to finance, except any amount
received for travel expense.
610.17   WITNESS
When a person is called as a witness by the Federal government or the State of Arizona, or any
political subdivision thereof, relative to matters pertaining to the performance of the employee's
job duties, leave with pay will be given for the time required from the actual time of call until being
dismissed, subject to the following:
(a) The employee shall be allowed sufficient time to change his/her attire and to reach the required
destination.
(b) If dismissed from the case during normal working hours, the employee shall promptly return
to work.
(c) This Section shall not apply in any case in which the employee is a party to the proceedings,
unless the employee is a defendant alleged to have engaged in conduct associated with his or
her duties as a City employee.

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610.18   MODIFIED DUTY
The City of Tolleson Modified Duty Program is designed to place, on a temporary basis, regular
full- or part-time employees who are recovering from work-related injuries in assignments they
are medically capable of performing.
610.18.1   POLICY
(a) Modified duty is a temporary work assignment, conforming to the treating physician's
limitations, given to an employee who, in whole or in part, is unable to perform his or her regular job
due to a disability resulting from a work-related injury. A modified duty assignment could include
creating a new position on a temporary basis, excusing an employee from performing the essential
functions of his or her regular job, or transfer to a vacant position.
(b) Participation in the City's Modified Duty Program is not a right of employment. The Modified
Duty Program is instituted for the benefit of the City. The approval, disapproval, or continuance
of a modified duty assignment is a right of management and is not grieveable under section 607
14 of this Employee Handbook.
610.18.2   ELIGIBILITY
(a) Employees must be full- or part-time regular employees for the City of Tolleson on the date of
injury and at the time of the modified duty assignment.
(b) The injury sustained by the employee must be determined to be work- related and compensable
under current workers' compensation legislation.
(c) The injury must be documented by the employee's authorized physician as temporary with
recovery expected no later than one year from the date of initial work restrictions.
(d) At each doctor's visit, the employee must request a work status report, which states specific
work restrictions, if any, and the date/time of the next appointment.
(e) The assignment of modified duty will be based solely on the City's need and work availability.
No workers' compensation benefits will be paid if the employee declines modified duty as offered
by the City, but the employee may use sick leave, vacation leave, or comp time accruals, if
available. No donated vacation or exceptional disability will be available. If an employee has
exhausted all available paid leave and any unpaid leave for which he or she is eligible under the
Family and Medical Leave Act, the employee may be disciplined, up to and including termination,
for refusing a modified duty assignment for which the employee is qualified and which complies
with the authorized treating physician's restrictions.
610.18.3   REQUIREMENTS
(a)
The employee shall schedule medical appointments as best fits medical necessity
and least disrupts City operations. Any medical visits during work hours will be
charged to the employee's sick leave. Should an employee use all accrued sick leave,
accumulated vacation leave and compensatory time shall be automatically used.
Intermittent FML may run concurrent for doctor visits.

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(b)
The employee shall provide to the Department Director of the modified duty
assignment and the Employee Resources Department a work status report after each
doctor's visit, which states specific work restrictions, if any, and the date/time of the
next appointment.
(c)
Complete recovery within twelve months from the initial date of work restrictions must
be medically anticipated for an employee to be placed on modified duty status.
(d)
Based on the employee's meeting eligibility requirements and the availability
of modified duty work within the City, the employee's Department Head, after
consultation with the Employee Resources Department, may approve a modified
duty assignment for an employee for a maximum of three months. Up to three
additional months of modified duty may be granted with approval from the employee's
regular Department Director and the Employee Resources Department. An extension
beyond six months of modified duty must be approved by the Employee Resources
Department. Under no circumstances will modified duty be approved beyond 12
months from the initial date of work restrictions.
(e)
Modified duty assignments will be reviewed every [30/60] days to assess medical
progress and ongoing need. Employees may be required to provide updated medical
documentation at each reassessment. Modified duty is not a permanent job placement
and will not extend beyond 12 months unless otherwise required under applicable
disability laws.
(f)
If the employee's Department Director disapproves an initial three month modified
duty assignment or additional time after three months, or the Employee Resources
Department disapproves an extension of a modified duty assignment for any reason,
the employee will be placed on appropriate leave status.
(g)
The employee is responsible for working within the work restrictions as determined by
the authorized treating physician.
(h)
The employee must perform at a satisfactory level, as determined by the modified duty
Department Director, in the temporary modified duty assignment.
(i)
No worker's compensation benefits will be paid if the employee declines a modified
duty assignment as offered by the City, but the employee may use sick leave, vacation
leave, or comp time accruals, if available, or unpaid leave under the Family and
Medical Leave Act, if the employee is eligible and has not exhausted such leave. No
donated vacation or exceptional disability will be available.
(j)
In cases of medical conflict or dispute as to work status of the employee, the City will
make the determination based on medical information received by the City.
(k)
Modified duty terminates at the earliest of:
1.
Return to regular duty as determined by the authorized treating physician;
2.
The employee's inability to perform the essential functions of the job held at the
time of injury for 12 consecutive months from the initial date of work restrictions;
3.
The employee's inability to perform the essential functions of the job held at the
date of injury for 12 accumulated months if work restrictions are intermittently
assigned; or

City of Tolleson
Policy Manual
Leaves and Absences
Copyright Lexipol, LLC 2025/05/13, All Rights Reserved.
Published with permission by City of Tolleson
***DRAFT***
Leaves and Absences - 14
4.
The authorized treating physician's determination that the employee is
permanently and totally disabled.
610.18.4   COMPENSATION
(a)
While temporarily assigned to modified duty, the employee will be paid at the
employee's regular base pay. Overtime is not available while on modified duty status.
(b)
All time worked, whether assigned to the employee's own department or another
department within the City, will be charged to the home department.
(c)
Any changes in salary shall be in accordance with the Employee Handbook.
(d)
Leave accruals will continue as if the employee were working at his or her regular duty
assignment. Adjustments may be made if an employee is released to modified duty
on a part-time basis in accordance with the Employee Handbook.
610.18.5   ADMINISTRATION
The Employee Resources Department will be responsible for administering the City of Tolleson's
Modified Duty Program.
610.18.6   MONITORING
The City reserves the exclusive right to evaluate the necessity, the duties, and the performance of
any employee in a modified duty assignment. If the City determines the modified duty assignment
is no longer in the best interest of the City, the City may withdraw the assignment. If alternative
modified duty work is available, the employee, at the City's discretion, may be placed in the
alternative modified duty position. If no alternative modified duty assignment is available, the
employee, at the City's discretion, may be placed in the alternative modified duty position. If no
alternative modified duty assignment is available, the employee will be placed on appropriate
leave status.