§ 16-225. Leave without pay.

(a)

General. Leave without pay may be granted to an employee by the employee's appointing authority with the approval of the Director of Human Resources Management. Leave without pay shall be granted only when the interests of the County will not be jeopardized due to the absence of the employee.

(b)

Eligibility for Leave Without Pay. Leave without pay may be granted to any employee when the employee's appointing authority is reasonably certain that such leave is in the best interest of the County and that the employee will return to County service on or before the expiration of the approved period of leave.

(c)

Granting of Leave Without Pay.

(1)

Leave without pay may be granted by an appointing authority, with the approval of the Director of Human Resources Management, for periods up to, but not to exceed, one (1) calendar year for any one (1) request, for any one (1) of the following reasons:

(A)

To retain an employee whose accumulated sick and annual leave, including advances, has been exhausted; or

(B)

To allow an employee to participate in educational programs, when such participation will contribute to the employee's efficiency and effectiveness as a County employee; or

(C)

To allow an employee who has applied for a workers' compensation temporary total award to be placed directly on leave without pay without requiring the employee to exhaust accumulated sick or annual leave; or

(D)

To allow an employee who has been on approved sick leave or annual leave to be retroactively placed in a leave without pay status after receipt of a workers' compensation temporary total award, pursuant to duly developed, approved and issued personnel procedures.

(2)

Leave without pay may be granted by an appointing authority, with the approval of the Director of Human Resources Management, for a period up to, but not to exceed, thirty (30) calendar days per request, for reasons personal to an employee.

(3)

Upon exhaustion of an employee's sick leave, leave without pay shall be granted upon the written request of an eligible employee for family and medical leave, subject to the provisions of Section 16-225.01(b).

(d)

Status of an Employee While on Leave Without Pay.

(1)

The employee shall be placed in a nonpay status at the salary rate in effect as of the date immediately preceding the effective date of commencement of approved leave without pay.

(2)

Subject to paragraph (3), below, the employee shall have the option to maintain active coverage under the County's health and life insurance plans and retirement program for the period of approved leave without pay, provided the entire costs thereof, including the employer contributions, are paid by the employee in a manner as determined by the Director of Human Resources Management under duly developed, approved and issued personnel procedures.

(3)

If the employee is in an approved leave without pay status during a period of temporary disability resulting from injury or illness sustained in the performance of the employee's work, the County shall make such employer contributions as are required in order to maintain active coverage for the employee under the County's health and life insurance plans, provided the employee elects to continue payments of required employee contributions.

(4)

If the employee receives a workers' compensation temporary total award for any portion of a period when the employee has been in an approved leave without pay status, the County shall reimburse the employee for the employer's cost of maintaining the benefits referred to in paragraph (2) of this Subsection, in accordance with duly developed, approved and issued personnel procedures.

(5)

The failure of the employee to return to duty on or after the expiration date of the approved period of leave without pay shall be considered as an automatic resignation by the employee to become effective as of the date immediately preceding the date of the expiration of the leave.

(6)

If the employee is in an approved leave without pay status for family and medical leave in accordance with Section 16-225.01(b), the County shall make such employer contributions as are required in order to maintain active coverage for the employee under the County's health and life insurance plans, provided the employee has been employed by the County for at least 12 months and has been in a paid status for at least 1,040 hours during that time and elects to continue payments of required employee contributions. If the employee fails to return from family and medical leave after the period of leave has expired, for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to family and medical leave or other circumstances beyond the control of the employee, the County shall recover the premium that the County paid for maintaining health and life insurance coverage for the employee during any period of unpaid leave. The County may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition be supported by a certification issued by the appropriate primary health care provider.

(CB-1-1976; CB-128-1982; CB-107-1988; CB-47-1993; CB-13-1994; CB-22-2000; CB-91-2003)