§ 86-525. Personal leave for non-exempt classifications.

(a)

Philosophy. Personal leave hours are those hours in which employees are absent from the job but continue to receive full pay. Personal leave is a combination of sick and annual leave hours. The personal leave program replaces these leave programs and applies to non-exempt (hourly) non-bargaining unit positions. The personal leave program replaces these leave programs for persons hired on or after July 1, 2001 for non-exempt (hourly) non-bargaining unit positions.

(1)

Personal leave is a benefit afforded to employees to be used as identified in section (d)(3) below.

(b)

Eligibility. Covered employees are entitled to accrue personal leave with pay. Employees will be eligible to use up to 24 hours of accrued personal leave to cover unscheduled absences during the first six months of employment and an additional 72 hours from six months to 12 months, not to exceed a total of 96 hours. The remaining personal leave balance may be used after completion of 12 months of continuous acceptable or satisfactory employment, with appropriate supervisory approval. Employees filling covered positions that are less than full-time (less than 40 hours in a seven-day work period) shall have their accrual and usage amounts prorated based upon the number of hours they are normally scheduled to work. Employees on leave without pay status shall not be eligible to accrue personal leave during the leave without pay period. Accruals resume on the first pay period following employee's return to pay status.

(c)

Rate at which leave is earned.

Years	Hours Per Pay Period	Hours Per Year
0—7	8:37	224
8—13	9:32	248
14—19	10:46	280
20+	11:41	304

 

(d)

Use.

(1)

Approval.

a.

Prior approval is required to use personal leave benefits. Employees must submit a leave request form to their immediate supervisor for appropriate approval before using scheduled personal leave. Time frames for approval shall be determined by the employee's division or department director.

b.

In cases of unforeseen illness or emergencies, employees must notify their immediate supervisor prior to the start of any scheduled work period or prior to leaving their work assignment.

c.

Medical certification signed by a licensed treating physician.

1.

A department/division director may require an employee to submit a medical certification signed by the employee's licensed treating physician to substantiate usage of personal leave benefits.

2.

An employee shall be required to submit a medical certification signed by the employee's licensed treating physician when returning to duty following an unscheduled absence due to illness or injury that extends beyond three calendar days.

3.

An employee shall be required to submit a medical certification signed by the employee's licensed treating physician whenever the department/division director has reason to question the employee's physical ability to return to duty and perform all duties without restriction or without risk of injury to himself or others.

4.

A department/division director may require an employee to submit a medical certification signed by the employee's licensed treating physician if the employee's absence from duty for illness occurs frequently or habitually, or in such a manner as to suggest a pattern of usage, provided the employee has been notified in writing that medical certification will be required.

5.

A department/division director may require an employee to submit a medical certification signed by the employee's licensed treating physician if the department director has reason to believe that the employee may be improperly using or abusing personal leave benefits.

6.

Any medical certification shall be signed by the licensed physician treating the employee for the illness or injury that caused the employee to be absent from duty, and shall include, dates of treatment, the nature of the illness or injury, the prognosis, the extent of restrictions, if any, the probable date when the employee will return to work, and be issued within a reasonable degree of medical probability.

d.

Use of unscheduled personal leave on a false claim of illness, injury, exposure to a contagious disease or, falsification of proof to justify such leave, shall be cause for disciplinary action up to and including termination for the first offense.

e.

Previous leave usage and the employee's attendance record or the division's or department's work demands shall be sufficient grounds for denial of the use of personal leave.

f.

Personal leave shall be reflected on the official payroll records.

g.

The division or department director's (or his/her designee's) determination regarding the scheduling and approval of personal leave shall be final and not subject to any grievance, appeal, or arbitration procedure.

(2)

Restrictions on use of personal leave.

a.

Personal leave shall not be earned while an employee is on a leave without pay status.

b.

Employees may not work off-duty assignments or other jobs while claiming unscheduled personal leave benefits.

c.

Subject to the discretion of the department/division director the use of personal leave may be limited to less than, and in any event shall not exceed, 30 days in a 12 month period, unless prior approval is granted by the appropriate deputy county manager. The 12 month period runs on a calendar year, i.e., January 1 through December 31. For purposes of this restriction, personal leave does not include time off for medical issues such as illness or doctor's appointments.

d.

Extension of service. Personal leave benefits shall not be used by an employee separating from service for purposes of extending the date of employment beyond the date that such employee ceases to actually perform the duties of the position that he occupies.

(3)

Eligible uses of personal leave.

a.

Vacation.

b.

Absences for the transaction of personal business which cannot be conducted during off duty hours.

c.

Holidays other than those officially designated by the Volusia County Council.

d.

Absences from work not covered by another type of leave provision.

e.

Absence from work due to illness or injury of the employee.

f.

Absences due to illness, injury, or death of a member of an employee's family not covered under the bereavement leave policy.

g.

Medical or dental consultation or treatment of the employee or his/her minor children.

h.

Temporary disability.

i.

Family and Medical Leave Act.

j.

Uncovered portions of military leave.

k.

Personal leave may be used to supplement Worker's Compensation benefits in an amount not to exceed the employee's regular salary.

(e)

Payment of personal leave upon separation from employment. Employees may be eligible for payment of their unused personal leave upon separation from employment under the following conditions:

(1)

An employee has completed one year of continuous satisfactory service following their original date of employment.

(2)

An employee submits a written resignation no less than 14 calendar days prior to the effective date of separation.

(3)

The employee is separated in good standing. Good standing shall include, but is not limited to, returning all issued property.

(4)

An employee who separates and is not in good standing will receive no more than 20 percent of his/her accrued personal leave not to exceed 224 hours.

(5)

Payment shall be based on the following schedule:

a.

Less than one year of continuous service with Volusia County—Zero percent.

b.

One or more continuous years of service with Volusia County—100 percent of balance not to exceed:

824 hours	1st mo. of 2nd year to 7 years
1,064 hours	1st mo. of 8th year to 13 years
1,088 hours	1st mo. of 14th year to 19 years
1,120 hours	1st mo. of 20th year +

 

c.

In the event of the employee's death, his/her designated beneficiary shall receive 100 percent of the accrued leave up to but not exceeding the maximum number of hours set forth in the schedule in paragraph (5)b. herein.

(6)

Any employee covered by this policy who is reinstated, rehired or re-employed shall not receive any additional personal leave payout in excess of an 1,120 hours lifetime maximum.

(f)

Holidays. Holidays occurring while an employee is on personal leave or on bereavement leave shall not be charged against their respective leave allowance.

(g)

Overtime. Personal leave hours shall not be deemed as hours worked and will not be included for purposes of overtime calculation.

(h)

Conversion of annual and sick leave hours. Annual leave and sick leave hours shall be converted to personal leave hours on an hour for hour basis.

(Ord. No. 01-11, § 4, 5-3-01; Ord. No. 2016-19, § I, 11-17-16; Ord. No. 2016-20, § I, 12-15-16; Ord. No. 2017-27, § I, 11-16-17; Ord. No. 2018-16, § I, 12-4-18)