SECTION
I. Scope and Purpose
SECTION
II. Statement of Policy
SECTION
III. Hours
of Work
SECTION
IV. Record
Keeping
SECTION
V. Overtime
SECTION
VI. Holidays and Other Authorized
Activities
SECTION
Method of earning annual leave
Transfer of earned annual leave
Payment of earned annual leave
SECTION
VIII. Sick Leave
SECTION
IX. Selling of Leave Time
SECTION
X. Disability
SECTION
XI. Administrative Leave
Accrual and payment of Administrative Leave
Law Enforcement Officers maliciously or
intentionally injured
Military Veterans referred for Treatment
SECTION
XII. Military
Leave
SECTION
XIII. Educational leave with pay
SECTION
XIV. Family and Medical Leave
SECTION
XV. Domestic Violence Leave
SECTION
XVI Leave of Absence Without Pay
Limitations of leave without pay
SECTION
XVII. Illness and Injury in the Line of Duty
SECTION
XVIII. Transfer to the Private Sector
SECTION
XIX. Transfer or Donate Leave
SECTION
XX. Definitions
Special Compensatory Leave Credits
80-10
A RULE PROVIDING FOR ANNUAL, SICK, COMPENSATORY,
OVERTIME, ADMINISTRATIVE, MILITARY, MATERNITY,
DISABILITY, EMERGENCY, LEAVE FOR INJURY ON THE
FOR CLASSIFIED
EMPLOYEES;
AUTHORITY;
PROCEDURES FOR ACCUMULATION OF LEAVE WHETHER
ANNUAL, SICK, COMPENSATORY, PURSUANT TO SECTION
33 OF CHAPTER 79-561, SENATE BILL NO. 2275 OF SPECIAL
ACTS, VOLUME II,
SECTION I. Scope and Purpose. This rule sets forth the rules
and regulations governing the attendance and leave of employees in
SECTION II. Statement of Policy.
A. It is the
policy of the Human Resource Department where conflict exists between any rule
and the Fair Labor Standards Act, hereafter referred to as FLSA, the FLSA shall
prevail after
B. Unless
specifically approved by the Human Resource Department:
1. Exempt employees are those defined by the
FLSA. Work periods will be governed by
the FLSA.
a. The workday for each full-time exempt employee is
typically 8 hours, however may
vary depending on departmental requirements or
agreements between the employer and employee, and the work week shall be 40
hours during a given 7 day period.
b.
Overtime shall be compensated for by granting the employee compensatory leave or
actual wages, as determined by the appointing authority. Application shall be in accordance with
Section V. amended:
2. Non-exempt employees are those defined by the
FLSA. Work periods will be governed by
the FLSA.
a. No county appointing authority shall operate on less than 40 hours work weeks, except as provided in Section VI, which authorizes specific holidays and other activities within the work week.
b. The work day for each full-time non-exempt employee is typically 8 hours, however may vary depending on departmental requirements or agreements between the employer and employee, and the work week shall be 40 hours during a given 7 day period.
c. The work period for each full-time non-exempt Law Enforcement employee shall be between 160 and 171 hours during an established 28 consecutive day period.
d.
Overtime shall be compensated in accordance with the FLSA. Application of this policy shall be in
accordance with Section V.
hours, however may vary depending on departmental
requirement or agreements between the employer and employee, and the work week
shall be no less than 20 hours during a given 7 day period. Approved:
C. For all
classified positions, the appointing authority shall arrange the employment and
work program of the division in such a way that overtime is not required or
permitted, except in emergency situations, or in the event of a special project. amended:
Emergency situations are defined as:
1. Where an established post of duty must be
covered 24 hours per day, and an employee is not available to cover that post
on a given shift.
2. When danger to life, health, or well being of
the public, employees, inmates, or other persons could occur if an employee is
not required to be on duty or where danger to property is imminent.
3. Other situations where the appointing
authority determines that the direct or indirect statutory responsibilities
prescribed for the appointing authority cannot be accomplished unless overtime
is authorized.
A special project is defined as:
A county approved assignment requiring committed
involvement in the area of site development where the authorization of overtime
is pre-approved by the appointing authority.
D. The granting of any leave of absence with or without pay must be approved by the Appointing Authority. An employee who is granted leave of absence without pay shall be an employee of the County classified service while on such leave. Employee shall be returned to the same position or a different position of the same class and same work location upon termination of the approved leave of absence. The appointing authority and the employee may agree, in writing, to other conditions and terms under which leave is to be granted.
E. Any leave of
absence with or without pay must be authorized prior to the leave being taken.
1. When prior approval cannot be obtained by the
employee due to emergencies, the appointing authority shall take one of the
following actions:
a. Grant the employee leave with
pay, provided the employee has sufficient accrued leave credits to cover the
absence.
b. Place the employee on leave
without pay for the absence, or
c. If
the absence is for 3 consecutive workdays, consider the employee to have
abandoned the position and resigned from
2. If an employee's request for leave of absence
is disapproved and the employee takes unauthorized leave, the appointing
authority shall place the employee on leave without pay and after an
unauthorized leave of absence of three (3) consecutive workdays shall consider
the employee to have abandoned the position and resigned from
a.
Requesting leave while not having a sufficient amount of leave time available
at the time of leave being taken will result in the employee being placed in a
non-pay status and subject to disciplinary action. The exception would be leave without pay in
conjunction with the Family and Medical Leave Act (FMLA). Amended:
3. Leave of absence without pay for thirty days
or less may be granted by the appointing authority.
4. No leave shall be granted for the purpose of
enabling a full-time employee to engage in other employment.
5. Employees granted leave under this section
shall not be entitled to continue to accrue annual leave or sick leave credits.
6. An approved leave of absence without pay does
not constitute a break in service, however, the total length of the employee's
leave up to one hundred eighty (180) calendar days will not affect the hire-in
date. If the total length of the leave
exceeds the one hundred eighty days the entire leave of absence shall be
deducted from the employees total service.
7. Failure of an employee to return to duty upon
expiration of their leave without pay shall be interpreted as a
resignation.
SECTION III. Hours of Work.
A. As provided in
Section II, 8 hours shall constitute a workday, and 40 hours shall constitute a
workweek for full-time employees, and 4 hours shall constitute a workday, and
20 hours shall constitute a workweek for part-time employees. amended:
1. The Appointing Authority may allow certain
employees to work less than 8 hour workdays; however, these employees will earn
and accumulate leave prorated at a rate based on their hours of work. These employees shall be classified as
part-time employees.
2. The work period for each full time non-exempt law enforcement employee shall be between 160 and 171 hours during an established 28 consecutive day period.
B. Employees
filling established positions are expected to accomplish their work without
overtime being required, except in emergency situations as defined in Section
III.
C. Full-time
employees shall be required to be present on their assigned job for the total
hours in the established workday and workweek.
Unless absence from duty is authorized by the appropriate authority in
accordance with the provisions of this section.
D. Part-time
employees shall be required to be present on their assigned jobs for the total
number of hours for which they are being compensated, unless absence from duty
is authorized by the appropriate authority in accordance with the provisions of
this section.
E. Except for
regular compensatory leave used during the workweek in which it is earned, all
approved leave of absence with pay and holidays, including delayed holidays
that are granted as special compensatory leave earned for working a holiday,
shall be counted as time worked during a workweek. When actual hours worked plus such leave time
used exceed the established workweek or work period, the employee shall be
given regular compensatory time for those hours as authorized by the appointing
authority within the guidelines of the FLSA
When actual hours worked minus such leave time used
exceed the established work week or work period, the employee shall be given
compensatory overtime for those hours as authorized by the appointing authority
within the guidelines of the FLSA.
SECTION IV. Record Keeping.
A. Each
appointing authority is required to keep accurate record of all hours worked by
each employee, as well as a complete and accurate record of all authorized
leave which is approved in accordance with this rule. Any employee who earns or uses compensatory
leave credits in an amount of time which is less than a full hour shall be
credited or charged with such leave to one decimal place in accordance with
Section
B. The ultimate
responsibility for the accuracy and proper maintenance of all attendance and
leave records rests with the appointing authority.
C. Falsification
of any attendance or leave record shall be cause for the dismissal of the
employee or employees involved.
SECTION V. Overtime. Unless otherwise provided for herein,
compensation will be made in accordance with the relevant provisions of the
Fair Labor Standards Act (FLSA).
1. Overtime is defined as work performed by an
employee beyond the established workweek or work period within the requirements
of the FLSA.
2. When an employee is required to attend
training courses and seminars, attendance at and travel to and from such
training courses and seminars shall be considered as time physically on
duty.
Overtime
shall be recognized by compensating the employee on an hour for hour
basis. When hours are physically worked
over the established work week or work period, when an employee works on a
holiday, or when an employee is subject to a special project as defined in section
II, compensation will be earned at a ratio of one and one half hours for each
hour worked. Any employee that is
required to be on standby duty shall be allowed to be compensated for overtime
hours. "Standby duty" being
defined by the FLSA. The appointing
authority may give a defined amount of compensation to an employee that is
required to be "On Call".
"On-Call" as defined by the FLSA. An appointing authority may compensate an
employee for overtime with actual wages or compensatory time. Amended:
3. Cash payment for any type of unused
compensatory leave credits will be made if the employee moves to another
appointing authority or ends employment in the classified service.
When
an employee accrues any type of compensatory leave the appointing authority SHALL
require the employee to use this leave prior to using annual leave
credits. Leave shall be used in the
following order; overtime compensatory hours, regular compensatory hours,
annual leave.
B. Exempt Employees.
1. Overtime is defined as work performed by an
employee beyond the established workday or work period.
2. Cash payment for any type of unused
compensatory leave credits will be made if the employee moves to another
appointing authority or ends employment in the classified service.
3. When an employee accrues any type of
compensatory leave credits, the appointing authority SHALL require the
employee to use this leave in lieu of annual leave credits.
SECTION VI. Holidays and Other Authorized
Activities.
A. The
following holidays are authorized for classified employees by the Human
Resource Department: (rules applying to holidays will also apply to days of
mourning)
1. Paid
Holidays
New Year's Day Labor Day
Martin Luther King's Birthday Veteran's Day
Good Friday Thanksgiving
Day
Memorial Day Friday after
Thanksgiving
Independence Day Christmas Eve
Christmas
Day
2. Generally, if any of these holidays fall on Saturday,
the preceding Friday will be
observed as a holiday; or if any of these holidays
fall on Sunday, the following Monday
will be observed as a holiday. Shift workers will observe holidays on the
actual day that the holiday occurs.
3. Due to unusual operational needs, an
appointing authority may request that the Human Resource Department approve a
variation in the holiday schedule for employees; however, the number of
holidays approved shall not exceed the number of holidays authorized by this
section.
4. Part-time employee's compensation shall be
prorated at a rate based on their hours of work as per SECTION VI. D.
B. The Human
Resource Department may designate any other workday as a holiday for employees
of the classified service. Taxing
Authorities may declare a day of mourning in observance of the death of a
statesman in recognition of services rendered to the state or nation.
C. In
municipalities in
D. Each
employee shall be given all holidays designated in Section VI, if the workload
of the division is such that the employee's work can be discontinued.
1. If the holiday falls on the employee's regular
workday and the employee is required to work the employee shall
be compensated at a ratio of one and one half hours for each hour worked.
2. If the holiday falls on the employee's regular workday and the employee is not required to work the employee shall be compensated at an hourly ratio of one for one for the hours the employee is normally scheduled to work (e.g. H8, H10, H12).
3. If the holiday falls on the employee's regular day off and the employee is not required to work, the employee shall be compensated at an hourly ratio of one for one, up to an eight (8) hour period.
4. If the
holiday falls on the employee's regular day off and the employee is
required to work, the employee shall be compensated at a ratio of one and one
half hours for each hour worked.
5. If an employee is scheduled to work a holiday
and for any reason does not work that day, holiday compensation will be for
only eight (8) hours.
Holidays occurring during a work week/period
involving special project events shall be counted as actual time worked for
employees activity involved in such projects, the eligible employee is entitled
to receive time and one-half for time normally offset by the occurrence of a
holiday. Leave taken by the employee (compensatory
leave, annual and sick) will reduce the amount of overtime pay based on the 40
hour work week/period. amended:
section, occur or by a state day of mourning is
declared shall not have such days charged against their accrued leave credits.
F. Employees in a non-pay status, during any portion of the last scheduled workday before a holiday, shall not be eligible to receive payment for such holiday.
F. Each appointing authority may allow employees one work break during the first half of their work shift and one work break during the second half of their work shift, provided that:
1.
An employee may not accumulate unused work breaks.
2. Work break time shall not be
authorized for covering an employee's late arrival on duty or early departure
from duty.
SECTION
A. Method
of earning annual leave.
1. Full-time employees hired prior to
Continuous and Hours Leave
Earned
Creditable Service During Year
1 - 4 Years 96
5 - 9 Years 120
10 - 14 Years 144
15 - 19 Years 168
20 + Years 192
Full-time employees hired after
Eight (8) hours of annual leave credits per month from
the first (1st) through the tenth (10th) year of
continuous and creditable service.
Twelve (12) hours per month shall accrue after ten (10) years of
continuous and creditable service. A
maximum accumulation of 240 hours per year is allowed. On December 31, all annual leave hours over
240 will transfer to sick leave. amended:
Full-time employees who work a fixed percentage of the
pay period shall earn annual leave credits proportionate to the time worked.
2. Annual leave earned during any pay period
shall be credited to the employee on the last day of that month or, in case of
separation, on the last day the employee is on the payroll.
3. During leaves of absence with pay, an employee
shall continue to earn leave credits, except in the case where an employee is
granted educational leave with pay or is granted leave in conjunction with a
resignation from county government. In
such cases the employee shall not earn annual leave credits during leave of
absence.
4. Each appointing authority should make every
effort to insure that annual leave is used on a current yearly basis in order
to provide employees with vacation and proper rest and relaxation. By following this practice, employees will
not normally accrue annual leave in excess of that earned each year. An employee is not limited to the number of
annual hours that may be accrued.
5. Under circumstances involving natural
disasters or other emergencies an appointing authority may be required to
cancel all approved leaves and to disapprove any requests for leave during an
extended period of time which would prevent employees from using their accrued
annual leave. When an emergency exists
and the appointing authority cancels approved leave, the Human Resource
Department shall be notified immediately.
B. Use of
earned annual leave.
1. Annual leave
should be used to provide periodic vacation; however, earned annual leave
credits may be used for any other purpose when authorized by the appointing
authority or the Human Resource Department.
2. Use of annual leave shall not be authorized
prior to the time it is earned and credited to the employee and shall only be
used with the approval of the appointing authority within the department.
3. An employee who uses annual leave in an amount of time
which is less than a full hour shall be charged with such leave based on one of
the following formulas, as determined by the appointing authority. amended:
All hours worked shall be rounded to the nearest
quarter of an hour, as follows:
Minutes Worked
Time Charged
Or Leave Used Minutes Hours
0 – 7 00 .00
8 – 22 15 .25
23 – 37 30 .50
38 – 52 45 .75
53 –
60
60 1.00
Time worked shall be calculated from the following
table. Normal work day minus time worked
equals time used.
Example:
Actual
time worked
Time
used :45 = used time .7
Time
Earned Minutes Worked Time Earned Minutes Worked
1 - 6 .1 31 - 36 .6
7 - 12 .2 37 - 42 .7
13 - 18 .3 43 - 48 .8
19 -24 .4 49 - 54 .9
25 - 30 .5 55 - 60 1.0
4. Appointing authorities shall use the same
method for all employees in their organization.
C. Transfer
of earned annual leave.
An employee who transfers from one department to another department in County shall be credited with unused annual leave by the receiving authority provided there is no break in service as defined in Rule 79-3.
D. Forfeiture of
leave. An employee shall
forfeit all rights of benefits under Section
1. Has admitted to or is found guilty in a court
of competent jurisdiction of committing, aiding or abetting any embezzlement,
theft or bribery in connection with
2. Is found guilty by a court of competent
jurisdiction of having violated any state law prohibiting strikes by public
employees.
E. Payment
of earned annual leave
1. Employees shall be paid for unused annual leave upon
separation from the County
after six (6) months of satisfactory, continuous and creditable
service, in the last paycheck
before the effective beginning date of participation in The Deferred Retirement
Option Plan “DROP”, within the provisions of selling leave, or when being
temporarily terminated to run for political office.
a. If employment is terminated as a result of any act
referenced in Section
the employee shall not be paid for any unused annual
leave credits even though the employee has six months creditable service.
b. Employees who are temporarily
terminated to run for political office shall be
entitled to be paid for annual leave equal to the
period they will be a candidate for office, provided they have sufficient
annual leave credits accrued at the time of temporary termination. The payment of annual leave under these
circumstances shall be made in increments not to exceed the amount and
frequency of the employees salary just prior to the time of temporary
termination. Nothing in this provision
will preclude the payment of other benefits that are authorized in any other
statute or rule.
2. In case of death of an employee, payment of
unused annual leave at the time of death shall be made to the employee's
beneficiary, estate, or as provided by law.
Such payment shall be made at the rate of pay at the time of death and
by the department in which the employee was last employed.
4. Terminal leave payment due employees shall be computed
as follows:
a. Determine the current hourly
rate in accordance with the employee's base salary.
b. Multiply the number of unused annual leave
hours times hourly rate to determine the payment which shall be made. All such payments for accrued annual leave
shall be made in a lump sum and the employee shall not be carried on the
department payroll beyond the last official day of employment.
4.
Upon terminal separation or death of the employee, hired prior to
amended:
5. Payment
shall be made at the employee’s current rate of pay.
SECTION VIII. Sick Leave.
A. Method of
earning sick leave.
1. All full-time employees filling established
positions shall earn 8 hours of sick leave for each full calendar month of
employment.
2. Part-time employees who work a fixed
percentage of the pay period shall earn leave credits for hours worked during
the pay period proportionate to the time worked.
3. During leave of absence with pay, an employee
shall continue to earn sick leave credits, except when an employee is granted
educational leave with pay or is granted leave in conjunction with resignation
from county government. In such case,
the employee shall not earn sick leave credits during that leave of absence.
4. Sick leave earned during any pay period shall be
credited to the employee on the
last day of the month, or in the case of separation,
on the last day the employee is on the payroll.
1. Use of sick leave shall not be authorized
prior to the time it is earned and credited to the employee and shall only be
used with the approval of the appointing authority within the department.
2. Sick leave shall be authorized only for the
following purposes:
a. The employee's personal
illness, injury or exposure to a contagious disease which would endanger
others. Personal illness shall include
disability caused or contributed to by pregnancy, miscarriage, abortion,
childbirth and recovery. Therefore, any
sick leave credits used for these reasons shall be authorized only by the
appointing authority.
b. The employee's personal
appointments with a doctor, dentist or other recognized practitioner when it is
not possible to arrange such appointment for off duty hours.
c. Illness or injury of a member of the
employee's immediate family. Immediate
family is defined as the spouse, grandparents, parents, brothers, sisters,
children and grandchildren of both the employee and the spouse. amended:
d. Four (4) days of personal
leave will be allowed annually to any employee; provided that these days shall
be charged to accrued sick leave; provided further, that personal leave days
shall be non-cumulative.
3. Notification of absence due to illness,
injury or exposure to a contagious disease shall be given to the appropriate
authority by the employee or the employee's representative as soon as possible
on the first day of absence.
4. Upon request, an employee shall be allowed to
use accrued sick leave credits as provided in this section.
a. After 3 workdays of absence in
any month, the appointing authority may require a medical certification of the
employee's illness before authorizing any additional use of sick leave credits
by the employee.
b. After ten consecutive days of
absence, the employee shall submit to the appointing authority a medical
certificate from the attending physician before any additional use of sick
leave credits can be authorized for the employee. If the employee continues to be absent, the
appointing authority shall require further medical certification for each
thirty (30) consecutive days of absence, unless the appointing authority has personal
knowledge that the employee is hospitalized and unable to return to work. Such medical certification must state that
the employee is unable to perform the regularly assigned duties if sick leave
is to be authorized by the appointing authority.
c. If the medical certification
furnished by the employee is not acceptable to the Human Resource Department,
the board shall require the employee to submit to a medical examination which
shall be paid for by the appointing authority.
Based on the medical certification, the Human Resource Department shall:
(1) If the employee is evaluated
as fit for work, shall not approve further use of sick leave credits.
(2) If the employee's health is evaluated as unfit for
work, shall allow the employee to use accrued sick leave credits until such
leave credits have been used or until the employee is able to return to work,
whichever occurs first. If the employee
is unable to return to work after all sick leave credits have been used, the
employee shall be allowed to use any accrued compensatory or annual leave
credits before being placed on leave without pay.
d. An employee who, upon request
by the appointing authority, refuses to comply with these rules shall not be
eligible to use accrued sick leave credits, and any absence from work shall be
handled in accordance with Section II.
5. An employee who becomes ill while on approved
annual leave, compensatory leave or maternity leave shall be allowed to use
accrued sick leave credits to cover the period of illness. An employee who is on any other type leave
with or without pay shall not be allowed to use sick leave credits while on
such leave.
6. An employee
who uses sick leave in an amount of time less than a full hour shall be charged
with such leave using the following formula, as determined by the appointing
authority. amended:
All hours worked shall be rounded to the nearest
quarter of an hour, as follows:
Minutes Worked
Time Charged
Or Leave Used Minutes Hours
0 – 7 00 .00
8 – 22 15 .25
23 – 37 30 .50
38 – 52 45 .75
53 –
60
60 1.00
Time worked shall be calculated from the following
table. Normal work day minus time worked
equals time used.
Example:
Actual time worked
Time used :45 = used time .7
Minutes Worked Time
Earned Minutes Worked Time Earned
1 - 6 .1 31 - 36 .6
7 - 12 .2 37
- 42 .7
13 - 18 .3 43 - 48 .8
19 - 24 .4 49 - 54 .9
25 - 30 .5 55 - 60 1.0
7. Appointing authorities shall use the same
method for all employees in their organization.
8. Such leave shall be used on a "first in
- first out" basis, with sick leave accumulated prior to this rule being
used first.
C. Transfer
of unused sick leave.
An
employee who transfers from one position to another position in County shall be
credited with unused sick leave by the receiving authority.
D. Forfeiture
of sick leave. An
employee shall forfeit all right of benefits under Section VIII, if an act or
offense is committed while in the classified service and one of the following
applies:
1. Has admitted to or is found guilty in a court
of competent jurisdiction of committing, aiding, or abetting any embezzlement,
theft or bribery in connection with Santa Rosa County, or
2. Is found guilty by a court of competent
jurisdiction of having violated any state law
prohibiting strikes by public employees.
E. Payment
of unused sick leave.
1. If employment is terminated as a result of
any act defined in Section VIII, the employee shall not be paid for any unused
sick leave credits even though the employee has six months creditable service.
2. Employees shall be paid for unused sick leave
credits when the employee has completed six (6) months of satisfactory,
continuous and creditable service, and:
a. Separates from the County because of “normal”
retirement with the effective date as determined by the State Retirement
System, begins participation in DROP, death, or is selling leave. If the employee is charged with misconduct
and elects to retire or resign from County in lieu of a hearing before the
Civil Service Board on such misconduct charge, the employee shall NOT be
entitled to any accrued sick leave payment.
In the case of death, payment for accrued unused sick leave credits
shall be made to the employee's beneficiary, estate or as otherwise provided by
law, OR
b. The employee’s position is involuntarily
transferred to another governmental agency.
No payment shall be made for any sick leave recognized by the
governmental agency to which the position is transferred. amended:
3. An employee who is eligible for payment for unused sick leave credits shall be compensated at the rate of pay they were receiving at the time of eligibility for payment.
4. All such payments for unused sick leave credits shall be made in lump sum or two payments or according to the schedule below for DROP participants with at least 400 hours of accumulated sick leave. The employee shall not be carried on the department payroll beyond the last official day of employment. )
a. If an employee is
participating in DROP and has at least 400 hours of
accumulated sick leave, payment shall be distributed according to the
following table:
Months in DROP Number of Payments Portion for Each Payment
01-12 2 ½,
and balance
13-24 3 1/3, ½, and balance
25-36 4 ¼, 1/3, ½, and balance
37-48 5 1/5, ¼, 1/3, ½, and balance
49-60 6 1/6, 1/5, ¼, 1/3, ½ and
balance
b. Payments shall be as follows:
The first and all succeeding payments, other than the final payment, shall be in December, starting in the year the employee enters DROP. The final payment shall be in the month following the last date worked. (Example, last day worked = June 30, final payment = July.) If an employee enters and exits DROP and will not be employed in December of that year, then the remaining balance shall be paid in the month following the last date worked. At no time when a payment is to be made, other than the final one, shall the number of remaining days of sick leave be allowed to be less than 400 hours. If that would be the case then either a partial payment or NO pay shall be made.
5. The payments made pursuant to this section
shall not be considered as salary payments and shall not be used in determining
the average final compensation of the employee in any State/County administered
retirement system.
6. Sick leave earned during any pay period shall be
credited to the employee on the
last day
of the month or, in the case of retirement or death, on the last day the
employee is on the payroll. Employees,
hired prior to
7. No payment for unused sick leave shall be made if the employee has not been found guilty or has not admitted to being guilty of any disqualifying act as referenced in Section VIII D.
SECTION IX. Selling of Leave Time.
A.
Classified employees may sell excess annual and sick
leave or compensatory time (regular, overtime or special) under the provisions
outlined below:
1. Employees must have 5 years of service with the Santa
Rosa County Board of
2.
Compensatory time must be sold before annual or sick
time is sold.
3. An employee may not sell more than 500 hours (plus one
years accumulation) of
annual or sick (or a combination thereof) within a
calendar year period.
4. When selling leave, an employee’s annual leave balance may not be depleted
below 240 hours and their sick leave balance may not be depleted below 400 hours.
5. The specifics of this program will be
established by the Board of County Commissioners (
6. Upon
implementation of this program by the
SECTION X. Disability Leave.
A. Compulsory Disability Leave.
1. An appointing authority who believes that an employee
is unable to perform
assigned duties due to illness or injury shall notify
the employee of this belief in writing. In the event the employee agrees that
they are unable to perform assigned duties due to illness or injury, they shall
sign an acknowledgment to this effect and the appointing authority shall place
the employee on compulsory disability leave (not to exceed one year) and no
medical examination shall be required.
If the employee disagrees with the appointing authority and believes
that they are able to perform assigned duties the appointing authority shall
require the employee to submit to a medical examination a by physician named
and paid for by the department.
2. At the time the appointing authority determines that the employee is to be placed
on compulsory disability leave, the employee shall be notified, in writing, of the
duration of the mandatory leave period and the conditions under which the employee will be allowed to return to the position.
3. At the end of the compulsory disability leave period set by the appointing authority, if the employee is unable to return to work the appointing authority shall take action under paragraph 4 below and shall notify the employee of this action. If resignation or dismissal is the action taken, then the employee shall be required to use their accrued leave, or, at the option of the employee, use their accrued sick leave and then be paid for any remaining leave for which payment is authorized. The employee who is placed on compulsory disability leave shall be required to use any earned leave credits prior to being placed on leave without pay. If the employee does not have sufficient leave credits to cover the period of compulsory disability leave, the appointing authority shall place the employee on leave without pay for a maximum of thirty calendar days.
4.
If the employee is unable to return to work at the end of the mandatory
leave period, based on a current medical certification (no medical
certification is necessary if the employee has agreed they are unable to return
to work), the appointing authority shall do one of the following:
a. Upon written request by the employee, place the employee on leave with pay in accordance with section VIII, or
b. Request the employee's
resignation for reasons of inability to perform assigned duties, or
c. Dismiss the employee for cause
based on inability to perform assigned duties.
5. If the employee returns to work after the end of their compulsory disability leave and the appointing authority disputes the ability to work a medical certification shall be obtained from a physician named and paid for the appointing authority.
If the employee refuses to obtain the required medical
examination within 10 days, they shall be dismissed. If the medical examination confirms that the
employee is unable to work the appointing authority shall do one of the
following:
a. Upon written request by the
employee, place the employee on leave with pay in accordance with Section VIII,
or
b. Request the employee's resignation for the reasons of inability to perform assigned duties, or
c. Dismiss the employee for cause based on inability to perform assigned duties.
6. The application of this section will be in
compliance with the "Americans With Disabilities Act".
SECTION XI. Administrative Leave.
1. An
employee who is summoned as a member of a jury panel shall be granted
administrative leave with pay, and any jury fees shall be retained by the
employee. The appointing authority shall
not reimburse the employee for meals, lodging and travel expenses incurred
while serving as a juror.
2. An employee subpoenaed as a witness, not
involving personal litigation, shall be granted administrative leave with pay,
and any witness fees shall be retained by the employee. The appointing authority shall not reimburse
the employee for meals, lodging and travel expenses incurred while serving as a
witness.
3. An employee subpoenaed in the line of duty to
represent a county department as a witness or defendant shall not be granted
administrative leave, and appearance in such cases shall be considered a part
of the employee's job assignment. The
employee shall be paid per diem for travel expenses and shall be required to
turn over to the department any fees received from the court.
4. In no case shall administrative leave with
pay be granted for court attendance when an employee is engaged in personal
litigation; however, an employee may be granted annual leave in such cases with
the approval of the appointing authority.
B.
Elections. An employee who lives at such distance from
assigned work location as to
provide voting outside of working hours may be
authorized a maximum of two hours leave with pay for this purpose. Any other employee may be granted one hour of
leave
with pay for the purpose of voting during normal
working hours. An employee shall not be
granted administrative leave to work at the polls during elections.
C. Meetings
and conferences. In cases
where it is deemed to be beneficial to the department an employee shall be
granted leave with pay to attend such meetings or conferences as may contribute
to the effectiveness of the individual's employment.
D. Examinations
and interviews. An
employee may be granted leave with pay for the purpose of taking or assisting
in giving examinations, provided such examinations are pertinent to county
employment or for the purpose of having interviews for promotional positions
within the County.
When an employee is the subject of an investigation, or where removal of an employee from the work environment is deemed appropriate by the appointing authority or their designee, such employee may be placed on administrative leave with pay for a period not to exceed sixty calendar days.
F. Death in the immediate family.
1. An employee, upon request, shall be granted 3
days of administrative leave with pay on the death of any member of the
employee's immediate and or step family.
Immediate or step family is defined as the spouse, parents, grandparents,
brother, sister, children and grandchildren of both the employee and the spouse. amended:
2. Each employee requesting administrative leave
due to death in the immediate family shall submit a statement to the appointing
authority stating the name of the deceased and the relationship to the
deceased.
G. Natural disasters. Each appointing authority has the authority
and responsibility to close department offices in an area affected by natural
disasters, such as hurricanes, tornadoes and floods those employees who work in
the affected area and are in offices that are closed on such occasions, shall
be eligible for administrative leave if approved by the appointing
authority. Amended:
1. When a geographical area is affected by a
natural disaster, the
2. In cases determined to be warranted, all
employees affected shall be granted administrative leave, any employee who is
required to work to provide essential services shall be allowed to earn regular
compensatory leave credits for such time worked.
H. Civil
disorders or disasters.
Employees who are members of a volunteer fire department, police
auxiliary or reserve, emergency services agency, National Guard, Reserve or
other law enforcement type organization shall be granted administrative leave
upon approval by the appointing authority when such employees are called on as
members of these organizations to perform duties in times of civil
disturbances, riots, and natural disasters.
Such leave shall not exceed five days on any one occasion.
I. Law Enforcement Officers maliciously or
intentionally injured. Any Law Enforcement Officer who is maliciously or
intentionally injured while acting in the course of employment will be placed on
administrative leave with pay for any period not covered by Worker's
Compensation.
J. Military Veterans referred for Treatment. An
employee who has incurred a (Military) service connected disability and has
been scheduled by the U.S. Department of Veterans Affairs (VA) to be examined
or treated for the disability shall be granted administrative leave with
pay. In no event shall such leave exceed
six (6) calendar days a year.
K. Accrual and payment of administrative leave. If an employee
does not use administrative leave as authorized in this section, the employee
shall not accrue or be paid for such unused leave.
SECTION XII. Military Leave.
A. Permanent
employees shall, upon presentation of a copy of their official orders, be
granted leave with pay not to exceed three days for the purpose of taking their
physical examination for induction into the military service. Such leave shall not be deducted from the
employee's sick or annual leave credits.
B. Permanent
employees and those serving their probationary period, who by reason of
membership in the United States military reserve, or National Guard, are
ordered by the appropriate authority to attend a training period or encampment,
shall upon presentation of a copy of their official orders, be granted leave
for such training not to exceed seventeen working days in any fiscal twelve
month period. Such leave shall be with
pay.
C. An employee who is inducted, or ordered to active duty
to fulfill their reserve obligations, or who is ordered to active duty in
connection with reserve training, other than short-term training as referenced
above, shall upon presentation of a copy of their official orders, be granted
leave with full pay for the first thirty (30) days of military service, then
the difference between their rate of county pay at the time of leaving for
military duty and their military pay if the military pay is a lesser amount.
(Florida Statute 115.09) amended:
SECTION XIII. Educational leave with pay.
A. Enrollment
in short courses, seminars, conferences or less than full time at a college,
university or training academy which is required as part of the employee's job
shall not be considered educational leave, but shall be considered a part of
the employee's work assignment.
B. When an
employee requests leave for the purpose of furthering education and when such
leave does not conform to the provisions of this section, such leave shall not
be considered educational leave with pay.
In these cases the employee may be granted annual or compensatory leave
at the discretion of the appointing authority; or the employee shall be
required to work extra hours in an amount equal to the time absent, including
travel to and from classes.
C. The granting
of educational leave with pay to employees shall be in accordance with the
departments approved program.
D. Employees
who are granted educational leave with pay shall not earn annual or sick leave
credits or have such time counted toward completion of their probationary
period. Such employees shall be granted
any pay adjustments in the same amount and at the same time as are granted all
other employees in the same class. If a
special appointment of rate is approved for a geographic area of the state, an
employee on educational leave with pay shall be eligible for a pay adjustment
only if the special appointment rate applies to the geographic area in which
the employment was located prior to being placed on educational leave with pay.
SECTION XIV. Family and Medical Leave.
A. Employees
with 12 months of service are entitled to family and medical leave for the
following reasons:
1. The birth of a child, and in order to care
for that child.
2. The placement of a child with the employee for
adoption or foster care.
3. Care of a spouse, child or parent who has a
"serious health condition", or
4. The employee's own "serious health
condition" which makes them unable to perform the functions of the job.
B. Unpaid leave
may be taken for up to 12 weeks per fiscal year.
C. Appointing
authorities may authorize the use of annual or sick leave during this period of
absence.
SECTION
XV. Domestic Violence Leave.
Employees with three (3) or more months of service are
entitled to domestic violence leave.
A. Eligible employees can take up to three (3) working
days of leave in any 12-month period if the employee, or family or household
member of the employee, is the victim of domestic violence. This leave may be with or without pay, at the
discretion of the appointing authority.
This leave applies if the employee is:
for
protection in cases of repeated violence or sexual violence;
Except in cases of imminent danger to the health or
safety of the employee, family or household member, employees seeking such
leave must provide their appointing authority with appropriate advance notice
of the leave along with sufficient documentation of the domestic violence act.
Before receiving such leave, employees must exhaust
all annual leave and compensatory leave, if applicable, which is available to
the employees.
SECTION XVI. Leave of Absence Without Pay.
A. Maternity leave.
1. An employee who is pregnant shall be granted
leave of absence without pay for maternity purposes as follows:
a. In the case of pregnancy, the
period of maternity leave shall not be approved earlier than two months before
the anticipated date of birth, nor continue for more than two months beyond the
date of birth.
b. An employee who adopts a child
may, upon written request, be granted a leave of absence.
2. The appointing authority shall notify the
employee, in writing, as to the period of leave to be granted, clearly
specifying the date the employee will return to duty and that the employee will
return to the same position.
3. While maternity leave is leave without pay,
the County requires employees first use all available accrued leave credits
during a FMLA qualifying event before being placed on LWOP.
4. Prior to being placed on maternity leave of
absence, any illness caused or contributed to by pregnancy, miscarriage, or
abortion shall be treated as a temporary disability and the employee shall use
accrued sick leave credits in accordance with section VIII.
1. An employee may, upon request, be granted
leave without pay for a period not to exceed six calendar months, provided the
appointing authority deems such leave to be justified and not detrimental to
the position of the department however, such leave authorized for educational
purposes may be granted for a period of twelve calendar months.
2. In exceptional cases, such leave may be extended on
approval of the appointing authority.
C. Limitations
of leave without pay.
1. An employee shall not earn annual or sick
leave credits while on any type of leave without pay. Hours will be prorated when an employee is on
leave without pay.
a. No employee on leave without
pay, worker's compensation, or suspension shall earn leave credits of any
kind. Leave credits shall be prorated
based on the number of hours worked in that month.
b. Leave without pay will be
granted only after all annual leave has been used. The exception would be leave without pay in
conjunction with the Family and Medical Leave Act (FMLA).
2. An employee shall not be granted salary
increases of any type while on leave of absence without pay.
If the
employee's anniversary date occurs while the employee is on leave without pay the merit step increase will be granted
upon return to duty in accordance with Section II.
3. An employee who has been placed on leave of absence without pay for any amount of time, and is therefore in a non-pay status during any portion of the last scheduled work day before a holiday, shall not be eligible to receive payment for such holiday or any other holiday occurring while the employee is on such leave.
SECTION XVII. Illness
and Injury in the Line of Duty.
All full time employees shall be entitled to a maximum
of five (5) days of illness or injury in the line of duty leave each fiscal
year because of personal injury in the discharge of their duties or because of
illness from a contagious or infectious disease contacted in their
workplace. Such leave shall be
noncumulative from year to year and when approved by the appointing authority
shall be used before charging any absence to regular accrued sick leave,
provided the following conditions are met:
A. The
appointing authority shall be notified as soon as possible as the illness or
injury occurs.
B. The employee
shall file a written claim signed by the appointing authority for attachment to
the payroll report for the periods in which the illness or injury occurred.
C. In the case
of injury, a certificate from a licensed physician may be required and in the
case of a claim relating to a contagious or infectious disease, the employee
shall file a statement from a licensed physician certifying that beyond a
reasonable doubt the contagious or infectious disease was contacted during the
time the employee was actually engaged in the performance of their duties.
D. The
appointing authority, after determining that the claim correctly states the
facts and is valid, will approve the leave.
E. Any
workman's compensation payment received by the employee while they are on
compensable leave shall be deducted from the regular gross salary or the check
received for workman's compensation shall be endorsed to the county.
F. The employee
shall file a certificate signed by a licensed physician designated by the
appointing authority stating that the employee is unable to return to duty
because of the injury or illness for which the initial leave was granted.
G. The employee
shall agree to file a medical report at such intervals as the appointing
authority may direct showing that they are unable to perform their duties.
Any person
granted Illness and Injury leave who has used the maximum five days may be
granted additional leave by action of the appointing authority.
H. The employee
shall not engage in any type of work for which they will receive compensation.
SECTION XVIII. Transfer to the Private Sector.
In the event that employees jobs are transferred to
the private sector under an agreement which guarantees that the transferring
employees will carry forward all earned leave benefits to the private sector
employer, then no payment shall be made to departing employees by the
appointing authority.
SECTION XVIII. Transfer or Donate Leave.
Any permanent full time, part time or unclassified
employee may donate accumulated leave to another employee who has exhausted
their leave. The donation of leave must be for a verifiable emergency, serious
personal illness or serious injury of an employee and/or immediate family
member as defined in Section XI.F.1. Leave donations may also be made for a
maternity or adoption absence of an employee or spouse. The following conditions apply: amended:
A. Only the
hours and not the dollar amount shall be counted.
Employees
being compensated by Worker's Compensation/Disability or any other means must
submit a sworn statement regarding the type and amount they are receiving.
B. The illness
or injury must be verified, in writing, by a licensed physician on the Medical
Certification Statement” form. This must
be completed and submitted to the Human Resources Department before an employee
can receive donated leave. Written
re-certification of the medical condition every five (5) weeks during the
duration of the condition is required.
The County also requires an employee on leave under this provision to
report periodically, in writing, at least every two (2) weeks on his or her
status and the intention of the employee to return to work. Failure of the employee on leave to report
periodically on his or her status may subject the employee to discipline for
unexcused absences. Amended:
C. The use of donated leave may be allowed after the
receiving employee has exhausted all accrued leave.
D. Only the
Human Resources Department is designated to send county wide donation
requests. Sending
announcements for donations shall not be permissible from other
individuals/departments.
1. Donations of less than eight (8) hours are
not allowed.
2. The only type of leave allowed to be
transferred or donated shall be annual and/or sick leave credits.
3. Donated leave cannot be requested, donated or received until 30 days prior to the exhaustion of the employee’s leave.
4. No leave compensation shall be retroactive.
5. Employees who return to work on a part-time
or intermittent basis, at the discretion of the Human Resources Department, may
continue to use any donated leave for six months from the date they return to
work if the absence is due to the original illness or emergency, or another
verified illness.
6. When an employee returns to work full-time or
six months from the part-time return to work date, donated leave can no longer
be used and is returned to the donating employees. All unused leave shall be distributed to the
donating employees by prorating the amount based on the number of hours donated
when employee returns to work.
E. The use of
donated leave is subject to approval by the Human Resources Department.
F. Any
employee found to be abusing this leave or falsifying leave records shall be
dismissed.
G. Procedures
for employees to request donation of or to donate leave.
4. The
following forms are available at the Human Resource Department or from the employee's
Payroll Department: Request
Form
Donation
Form
Medical Certification Statement Form
5. When payroll completes the necessary changes,
one copy of the packet shall be sent to Human Resources.
6. All rules governing the donation or transfer
of leave shall apply to requested hours.
SECTION XIX.
Definitions.
ABANDONMENT OF
POSITION - The desertion by an employee of the employee's
position for three consecutive workdays.
ADMINISTRATIVE LEAVE - Authorized leave of absence with pay not chargeable
against an employee's accrued leave credits.
ANNUAL LEAVE - Authorized leave of absence with pay granted an
employee for vacation or other personal purposes.
APPOINTMENT - The
act of placing an employee in an established classified position.
COMPENSATORY
LEAVE CREDITS - Leave
credits granted to an employee for working beyond their regular work
period.
- Regular
Compensatory Credits are granted when the total hours physically worked are
less than the regular work period.
- Overtime Compensatory
Credits are granted when the total hours physically worked are more than the
regular work period.
SPECIAL COMPENSATORY
LEAVE CREDITS - are compensatory leave credits granted to an
employee who is required to work on a holiday as provided in Section VI. Compensation is earned at a ratio of one and
one half hours for each hour worked.
LEAVE OF ABSENCE WITHOUT PAY - Authorized leave of absence granted an employee for
which period the employee shall receive no pay.
PROBATIONARY PERIOD - A working test period required of an employee
following appointment to any class in which the employee does not hold
permanent status.
RESIGNATION - A
voluntary act by an employee to terminate employment in
RETIREMENT - As set
out under the Florida Retirement System
SICK LEAVE - Authorized leave of absence with pay granted an
employee for personal illness or injury.
DEPARTMENT - The
office of each appointing authority as designated by the Human Resource
Department
SECTION XX.
The effective date of this rule shall be
*Note - On