§ 86-518. Leave of absence without pay.

(a)

Purpose. A leave of absence without pay may be granted to an employee for necessary absence when sick leave, annual leave, or personal leave are exhausted or when the use of sick leave, annual leave, or personal leave is not appropriate. Normally, a leave of absence without pay will be utilized in situations involving personal or family illness, or where the absence of the employee will be of potential future benefit to the county as well as to the employee personally. In exceptional situations, an employee may be allowed a leave of absence without pay for other than illness if the department director can demonstrate a benefit may accrue to the county from granting such leave. Under no circumstances may a leave of absence without pay be granted to allow an employee a trial period on another job.

(b)

Approval. A department/division director with the concurrence of the human resources director may grant a leave of absence without pay for a period not to exceed six months.

(c)

Eligibility. Employees who have completed their initial probationary periods shall be eligible to be considered for a leave of absence without pay. Approval of a leave of absence and the duration of such leave may be determined by giving due consideration to length of service, quality of performance, interests of the county service, reason for the leave, and any other circumstances deemed appropriate by the department director and the human resources director.

(d)

Leave of absence without pay. A leave of absence without pay may be granted initially for a period not to exceed six months. An employee granted a leave of absence shall be allowed to return at the end of the period of leave to the same position or to another position in the same class with substantially the same working conditions in the same division or, if no division, department, in which he was employed when the leave was granted.

(e)

Extended leave of absence without pay beyond six months. After an initial leave of absence without pay of six months, a leave of absence may be extended for an additional period of 90 days with the approval of the department/division director and the human resources director. Under unusual circumstances a leave of absence may be extended for an additional second period of 90 days with the approval of the department/division director and the human resources director. The total amount of time absent while on a leave of absence and any extensions shall not exceed 12 months unless a longer period is required under applicable law. An employee granted a leave of absence without pay shall be allowed to return at the end of the period of leave to the same position or to another position in the same class with substantially the same working conditions in the same division or, if no division, department, in which he was employed when the leave was granted.

(f)

Anniversary date. The anniversary date of an employee on leave of absence without pay shall be adjusted in such manner that the time off on leave shall not be credited as service time for the purpose of employment preference. The anniversary date may be adjusted for pay purposes, if appropriate.

(g)

Salary. An employee shall return from leave of absence without pay to the same salary rate as he held at the effective date of the leave of absence. If a general salary increase has been granted during the period of the leave of absence, the employee shall have his salary rate adjusted upward by the percentage amount of such general salary increase.

(h)

Retirement credit. Retirement credit for the period of the leave of absence without pay may be allowed, if provided for in the plan in operation, provided the employee pays both his and the county's share of the retirement plan contributions.

(i)

Insurance. Membership may be maintained in the county-sponsored group insurance plans provided the employee pays both the employee's share and the county's share of the group insurance premiums.

(j)

Annual leave, sick leave benefits and holiday pay. An employee on leave of absence without pay shall not earn annual or personal/family sick leave benefits or pay for holidays while on leave.

(k)

Failure to return from leave of absence. Failure of an employee to return to duty upon the expiration of the leave of absence without pay shall be interpreted as a resignation.

(l)

Service credit. A leave of absence without pay shall not be considered a break in service, but the period of time of the leave shall not count as service time for employment preference.

(Ord. No. 81-19, § 16.08, 9-3-81; Ord. No. 2017-27, § I, 11-16-17; Ord. No. 2018-16, § I, 12-4-18)