Family and Medical Leave
Leave Without Pay
Use of Annual Leave, Sick Leave, and Leave Without Pay
Jury Duty/Court Leave
Department Director Notification of Leave
Layton City believes that it is important that employees take planned time away from the work environment each year. This time provides both an opportunity to rejuvenate and an important balance to the individual's personal and professional life. This policy defines the method by which regular full-time employees can earn annual leave and the process to be followed in requesting and receiving approval for paid annual leave.
Use of annual leave should be coordinated by the employee's immediate supervisor. Employees should give advanced notice to supervisors for leave requests. Supervisors should allow employees to use accrued annual leave within a reasonable period after they request it, unless the operation of the department would be unduly disrupted by the employee's absence from work.
Annual Leave Accrual (Employees working 40 hours per week)
Full-time employees working 40 hour weeks, who have been in the City service for a continuous period of one month, accrue annual leave with pay--on the basis of an eight hour day, five day week or 173 hour month--at the following rates, depending upon years of service:
ANNUAL LEAVE ACCRUAL SCHEDULE FOR 40 HR/WEEK EMPLOYEES
Hours Per Pay Period (Bi-weekly)
1 - 5
6 - 10
11 - 15
16 or more
Accumulated earned annual leave time is paid for by the employing department when an employee is being separated from City service.
All Annual leave in excess of 240 hours as of the end of the first pay period in January of each year will be forfeited.
Donation of Annual Leave
Full-time employees may donate annual leave for use by another employee upon the approval of the Department Director and the City Manager. Such donation of leave is intended only for infrequent situations where an employee desires to donate annual leave to another employee who has exhausted all of his or her annual leave, sick leave and comp time due to an extended illness or injury. Annual leave may not be donated simply because an employee has reached the 240 hour cap. There must be a need as explained herein. Donated leave will not be banked by a recipient, rather, such leave will be applied in the order it was received for that recipient's use one pay period at a time as needed. Any excess leave will be returned to the donors. Sick leave may not be donated.
The donated annual leave will be converted on an hour per hour basis.
Annual Leave Accrual for Firefighters (24 hour shifts)
The basis for annual leave accrual for firefighters working 24-hour shifts shall be consistent with how accrual occurs in the rest of the City, and is determined by comparing the total number of hours scheduled in a year for a firefighter, to that of a regular 40 hour per week employee. Firefighters are scheduled to work 2920 hours (Effective Jan 15, 2007 - 365 days/24 day work periods = 15.2083 work periods per year x 192 hrs per work period) while regular employees are scheduled for 2080 hours (40 hrs x 52 weeks). By dividing 2080 into 2920, a conversion ratio of 1.4 is derived. So, for every 8 hours of leave accrued by a regular employee, a firefighter should accrue 8 hrs x 1.4, or 11.2 hours.
Each full-time firefighter working 24 hour shifts, who has been in the City service for a continuous period of one month, accrues annual leave according to the schedule below:
ANNUAL LEAVE ACCRUAL SCHEDULE FOR FIREFIGHTERS (24 HR SHIFT)
Hours per Payperiod
Hours per Year
1 - 5
6 - 10
11 - 15
16 or more
Accumulated earned annual leave time is paid for by the employing department when an employee is being separated from City service.
All Annual leave in excess of 336 hours as of the end of the first pay period in January of each year will be forfeited.
Regular part-time employees do not accrue annual leave or sick leave. They are not entitled to any leave with pay, such as emergency leave. Any leave or time off taken by regular part-time employees is leave without pay. (See Leave Without Pay)
As insurance against loss of income when employees are unable to perform their work because of illness or injury, sick leave with pay is provided each probationary or regular full-time employee.
A forty-(40) hour-per-week employee shall accumulate sick leave at the rate of eight (8) hours for each full calendar month of service.
Firefighters working twenty-four (24) hour shifts shall accumulate sick leave at the rate of 11.2 hours for each calendar month of service. The basis for sick leave accrual for firefighters working 24-hour shifts shall be consistent with how accrual occurs in the rest of the City, and is determined by comparing the total number of hours scheduled in a year for a firefighter to that of a regular 40 hour per week employee. Firefighters are scheduled to work 2920 hours (Effective Jan 15, 2007 - 365 days/24 day work periods = 15.2083 work periods per year x 192 hrs per work period) while regular employees are scheduled for 2080 hours (40 hrs x 52 weeks). By dividing 2080 into 2920 a conversion ratio of 1.4 is derived. So, for every 8 hours of sick leave accrued by a regular employee, a firefighter should accrue 8 hrs x 1.4, or 11.2 hours.
Any time less than a month shall be pro-rated accordingly.
Use of Sick Leave
Eligible employees may begin to utilize their accrued sick leave any time after having completed one (1) month of satisfactory employment. Employees absent due to sickness must arrange for a telephone report to their supervisor, no later than one hour after the beginning of the workday of the first day of absence.
Accrued sick leave may be used, with the approval of the Department or Division Director, for any of the following purposes:
- Illness or off-duty injury to the employee.
- Injury while on duty.
- Illness of immediate family members requiring the presence of the employee. Immediate family members are as follows: spouses, dependent children, and any other dependents of the employee.
- Quarantine because of contagious disease. A certificate of quarantine from the attending physician must be presented to qualify under this provision.
- Visits to hospitals, clinics, dentists, etc., for diagnosis or treatment of illness or injuries, examination, and related purposes.
- A male employee taking FMLA for the birth and care of their newborn child or for the placement with the male employee of a child for adoption or foster care will be allowed to take up to 2 (two) weeks of sick leave as permitted in the sick leave policy. If a male employee requests to use more than 2 (two) weeks of sick leave, approval from the Department Director will be needed.
The Department Director may require that an injured or sick employee take sick leave and absent themselves from their place of employment.
Department Directors may require anyone on sick leave to stay home or at some other approved location, i.e., hospital.
Sick leave in excess of three (3) successive working days shall be supported by a medical certificate or other acceptable proof to the employee's Department Director upon return to work. (In the case of a 24-hour shift employee, sick leave in excess of 3 consecutive 11.2-hour periods shall be supported by a medical certificate or other acceptable proof of illness.)
Prior to returning to work, the City may require that an employee on leave for his or her own serious health condition submit a medical certification that he or she is able to return to work.
Sick Leave Records
Official sick leave records are maintained by the Human Resources Officer and the Finance Department. Use of sick leave credit must be promptly and accurately reported for all employees on the time card.
Abuse of Sick Leave
Evidence of bona fide illness or other reason for taking sick leave in the form of a certificate of illness or reason for sick leave may be required by the City whenever there are reasonable grounds to believe the employee is malingering or abusing sick leave privileges. No employee shall be entitled to sick leave while absent from duty because of disability arising from a sickness or injury purposely self-inflicted or caused by willful misconduct. An employee will not be required to furnish a doctor's certificate to substantiate a request for three days or less sick leave, unless there are reasonable grounds to believe the employee is abusing sick leave. The supervisor may require the employee to use leave-without-pay for unauthorized or unsubstantiated use of sick leave. Abuse of sick leave privileges may result in disciplinary action, up to and including termination.Sick Leave Cap
Effective December 19, 2004, sick leave balances will be limited to 1000 hours (1400 hours for fire fighters). All leave in excess of 1000 hours (1400 for firefighters) as of the end of the first pay period in January of each year will be forfeited.
On August 1, 2003, the City bought down every employee’s sick leave balance in excess of 600 hours (795 for firefighters), at one-third (1/3) value. Employees were given the option to receive it as cash, apply it to the employee’s Retirement Health Savings (RHS) account, apply it toward their 457 Plan, or convert it to annual leave subject to the annual leave cap. On December 19, 2004, the sick leave cap for fire fighters increased from 1325 to 1400 due to an increase in the annual hours worked from 2758 to 2920.
Unused Accrued Sick Leave Incentive
As an incentive to increase employee productivity and satisfaction, the City Manager may allow employees the option to participate in the unused accrued sick leave incentive plan during November of each year as follows:
- Employees with sick leave balances of 480 hours (672 for firefighters) or less as of the end of the first pay period in November of each year, may convert (1) to cash, (2) to their 457 Plan subject to its eligibility requirements, or (3) to annual leave subject to the annual leave cap, up to one-third (1/3) of all sick leave accrued during the preceding 26 pay periods, provided that any sick leave used during the preceding 26 pay periods will be deducted from that one-third (1/3).
- Employees with sick leave balances greater than 480 hours (672 for firefighters) as of the end of the first pay period in November of each year, may convert (1) to cash, (2) to their 457 Plan subject to its eligibility requirements, or (3) to annual leave subject to the annual leave cap, up to two-thirds (2/3) of all sick leave accrued during the preceding 26 pay periods, provided that any sick leave used during the preceding 26 pay periods will be deducted from that two-thirds (2/3). Note that this two-thirds (2/3) conversion applies only to the unused accrued sick leave incentive plan, and not to any sick leave pay out at separation.
- Annual leave may be converted to sick leave to offset any sick leave used during the year. Employees desiring to convert unused sick leave to cash shall notify the Finance Director on the appropriate form prior to November 30th and may expect payment on or about December 10th. When employees transfer sick leave to annual leave under this provision, such annual leave shall be added to the employees leave bank after the use or lose forfeiture date the following January.
Sick Leave Payout at Resignation, Termination or Retirement
Employees who resign their employment, terminate or retire under favorable circumstances shall be paid for any unused sick leave as follows:
- Less than five (5) years of continuous full-time service since the most recent hire date--no compensation;
- Five (5) or more years of continuous full-time service since the most recent hire date--one-third (1/3) of accrued leave balance at employees last pay rate.
Employees terminated for cause, or who resign or retire under unfavorable circumstances, as determined by the Department Director and the City Manager, shall not receive a sick leave pay out.
Part-time employees do not accrue sick leave. They are not entitled to any leave with pay, such as emergency leave. Any leave or time off taken by regular part-time employees is leave without pay.
Family and Medical Leave Act (FMLA) Policy
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or child birth;
- To care for the employee’s child after birth, or placement for adoption or foster care;
- To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
- For a serious health condition that makes the employee unable to perform the employee’s job.
Leave taken under this policy shall not exceed twelve weeks of leave in any twelve month period. The twelve month period shall be a "rolling" twelve month period that shall be measured backward from the date the leave is used.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on covered active duty or call to covered active duty status in the regular armed forces, National Guard, or Reserves, deployed to a foreign country may use their 12-week leave entitlement to address qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings; and taking leave to care for a military member's parent who is incapable of self-care when the care is necessitated by the member's covered active duty. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility.
The amount of time an eligible employee may take for rest and recuperation qualifying exigency leave is a maximum of 15 calendar days.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave during a single 12-month period to care for a family member who is a covered servicemember who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves or a veteran, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. It also includes injuries or illnesses that existed before the beginning of the member's active duty and were aggravated by service in the line of duty on active duty in the Armed Forces.
A serious injury or illness for a covered veteran means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is:
A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember's office, grade, rank or rating; or
A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; or
A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or
An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
The employer’s obligation to maintain health benefits under FMLA stops if and when the employee informs the employer of intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. The employer’s obligation also stops if the employee’s premium payment is more than 30 days late and the employer has given the employee written notice of at least 15 days in advance advising that coverage will cease if payment is not received.
Other benefits such as seniority or paid leave need not be maintained during periods of unpaid FMLA leave, provided that such benefits do not accrue for other employees on other types of unpaid leave. For benefits such as elected life or disability insurance that could be lost if not maintained, the employer and the employee may make arrangements to continue benefits during periods of unpaid FMLA leave to ensure the employee will be eligible to be restored to the same benefits upon returning to work.
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles. Layton City is a covered employer.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Layton City requires employees on FMLA leave to take accrued sick leave as permitted in the sick leave policy, or accrued annual leave. If all paid leave is exhausted prior to the end of the leave period, the leave shall be unpaid. However, if an employee remains on the City’s health insurance, and/or other eligible benefits requiring employee payment, and it appears he/she will exhaust accrued leave prior to finishing FMLA leave, the City may opt to reserve an adequate amount of sick or annual leave to cover the employee’s benefit payments for the remainder of the FMLA period via payroll deduction.
A male employee taking FMLA for the birth and care of their newborn child or for the placement with the male employee of a child for adoption or foster care will be allowed to take up to 2 (two) weeks of sick leave as permitted in the sick leave policy. If a male employee requests to use more than 2 (two) weeks of sick leave, approval from the Department Director will be needed.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
Additional employee requirements include:
- Apply for FMLA leave by providing written notice to the employer when use of sick or annual leave for personal or family member illness or injury is expected to be in excess of three days, as such leave will be considered FMLA-qualifying until determined otherwise.
- Once an employee has missed 96 hours of work due to a condition(s) that qualifies under the FMLA over a rolling 12-month period, that employee will be required to apply for FMLA leave.
- Where the employer was not made aware that an employee was absent for FMLA reasons due to the employee’s forgetting to notify the employer, the employee must provide the City with timely notice (generally within three (3) business days from the time the employee, or a designated person, is capable of giving notice) that leave was taken for an FMLA-qualifying reason.
- Employees requesting leave for their own serious health condition or for the serious health condition of a family member are required to provide the employer a complete and sufficient medical certification within 15 days of the employer’s request for the certification. If leave is foreseeable, medical certification is required prior to the start of leave. (Layton City FMLA leave certification forms are available from the Human Resources Officer.)
- Provide second and third medical opinions at the employer’s expense when requested. (The employer cannot choose a health care provider it regularly employs for opinions.)
- Advise the employer if the leave is needed intermittently or on a reduced schedule basis. If so, notify the employer for each absence whether or not it is related to the serious health condition.
- Make a reasonable effort to schedule any intermittent leave for medical treatments so it does not unduly disrupt the employer’s operations.
- Comply with arrangements to pay the employee portion of the group health insurance and other non-health benefits, if eligible.
- The employee shall periodically advise the employer of his/her intent to return to work at the conclusion of leave.
- Inform the employer of any changes in contact information while FMLA leave is being taken.
- Inform the employer of any changes in the circumstances for which FMLA leave is being taken.
- Provide the employer with a fitness for duty certification, when requested by the employer, when leave was taken for the employee’s own serious health condition.
- If the employee does not return to work following FMLA leave for a reason other than: 1) the continuation, recurrence, or onset of a serious health condition which would entitle the employee to FMLA leave; 2) the continuation, recurrence, or onset of a covered service-member’s serious injury or illness which would entitle the employee to FMLA leave; or 3) other circumstances beyond the employee’s control, the employee may be required to reimburse the employer for its share of health insurance premiums paid on the employee’s behalf during the FMLA leave.
Employee Requirements While on FMLA Leave:
- Employees are prohibited from working for another employer or engaging in any productive work of a compensable or non-compensable nature while taking FMLA leave (29 CFR 825.312(h)).
- Employees are prohibited from engaging in any activities other than recovery and necessary medical treatment/appointments while taking FMLA leave for a serious health condition (29 CFR 825.114).
- The employer may require the employee to call in periodically during the day while on FMLA leave and/or require the employee to notify the employer when he or she is leaving home, has returned home, and his or her whereabouts while out of the house, etc.
Covered employers must inform employees requesting leave whether they are eligible under FMLA within five (5) business days. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for their ineligibility. The employer is obligated to inquire if it needs additional information to determine whether the leave qualifies for FMLA protection.
The covered employer has five (5) business days after obtaining sufficient information to determine whether the requested leave is FMLA-qualifying to give employees a designation notice, informing employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
The regulations provide that the employer may give an employee both the eligibility and designation notices at the same time when it has adequate information to designate the leave as FMLA-qualifying immediately after receiving notice that the employee needs leave.
Additional employer responsibilities include:
- Provide requirements for furnishing medical certification for a serious health condition and the consequences of failing to do so.
- Provide information and requirements concerning the employee’s payment of the employee’s portion of the group health insurance; and consequences for failing to make timely payments; and circumstances under which coverage might lapse.
- Provide information concerning the employee’s potential liability if the employer makes the employee’s health insurance premium payments while the employee is on unpaid FMLA leave if the employee fails to return to work.
- If the employer has the requisite knowledge that leave was FMLA-qualified, and fails to so designate it and give the required notice, the employer will not designate the leave as FMLA leave retroactively. In such circumstances, the employee is subject to the full protections of the FMLA, but none of the absence preceding the employer’s notice to the employee may be counted against the employee’s twelve (12) week FMLA entitlement. If the employer learns that leave is for an FMLA purpose after leave has begun, the entire, or some portion of the paid leave may be retroactively counted as FMLA leave, to the extent that the leave period qualified as FMLA leave after the employee has returned to work, with two exceptions:
- If the employee was absent for an FMLA reason and the employer did not learn of the reason until the employee’s return (e.g. where the employee was absent for only a brief period), the employer may, upon the employee’s return to work, promptly (within two business days of the employee’s return to work) designate the leave retroactively with appropriate notice to the employee. If leave is taken for an FMLA reason, but the City was not aware of the reason, the employee must notify the City within two business days of returning to work of the reason for the leave, otherwise the employee may not subsequently assert FMLA protection for the absence.
- If the employer knows the reason for the leave but has not been able to confirm that the leave qualifies under FMLA, or where the employer has requested medical certification, which has not yet been received, or the parties are in the process of obtaining a second or third medical opinion, the employer should make a preliminary designation, and so notify the employee in writing at the time leave begins, or as soon as the reason for the leave becomes known. Upon receipt of the requisite information, which confirms the leave is for an FMLA reason, the preliminary designation becomes final. If the medical certifications fail to confirm an FMLA reason for the leave, the employer will withdraw the designation with written notice to the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
- Interfere with, restrain, or deny the exercise of any right provided under FMLA;
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
The application of this policy and any inconsistencies, conflicts or issues that arise shall be governed by the provisions of the Family Medical Leave Act of 1993, its amendments and revised regulations issued in 2009, and the applicable federal regulations, which interpret the Act.
Leave Without Pay
A leave of absence without pay is an approved temporary absence from work in which the employee does not lose status as a regular employee. An employee must first use all accrued annual leave before leave without pay will be granted. If the leave is for a qualifying health-related reason, all accrued sick leave must also be used before leave without pay will be granted (Exceptions: see FMLA Leave (10) and Military Service (4b)).
Requests for Leave Without Pay (LWOP)
In order to be considered for leave without pay, an employee must present a written request to his or her Department Director. Leave without pay may be considered for reasons of disability, personal reasons or military service. To be eligible for consideration, employees must state in writing the reason for the requested leave, the date the leave is to commence and the date on which the employee expects to return to work. Department Directors should consider individual requests in view of urgency, the individuals length of service, and the over-all effect the absence will have on the operation of the department. Leave without pay may then be granted for up to 12 months (including unpaid FMLA leave) upon approval by the City Manager. Such leave, beyond that provided by the FMLA, shall not be regarded as an acquired right by employees and may be granted only when it is determined that City services will not be adversely affected.
Penalty for Failure to Report at End of LWOP
Leave without pay shall not be granted unless there is a positive expectancy that the employee will return to work at the expiration of such leave. Failure of an employee to report to work promptly at expiration of the approved leave period shall be considered a resignation, unless there are extenuating circumstances and upon approval of the City Manager.
Employee Benefits During LWOP
Except as provided under the FMLA, and except for up to a 3-day grace period (two 24-hour periods in the case of a 24-hour shift employee) for only the City’s portion of the health insurance as explained below, all employee benefits shall cease to accrue or be in effect immediately upon commencement of the leave without pay period. Health insurance benefits may be continued during the leave period if the employee pays (1) the employee portion of the premium through the grace period, and then (2) one hundred percent (100%) of the full premium under the plan, which represents the City’s share for the remaining days the employee is on leave without pay. A check covering the amount of the health insurance premiums due for the time the employee is on leave must be given to the Human Resources Division prior to commencement of the leave period. If an employee does not elect to continue health insurance coverage during leave of absence without pay, it will be necessary to reapply for health insurance upon return from leave. The preexisting condition clause in the health insurance coverage will apply.
If an employee returns to work on a less than full-time basis following a leave without pay, the employee may become eligible for full benefits, including health insurance, if the employee's Department Director and the City Manager determine it is reasonable to return the employee to full benefits status based upon the amount of time being worked by the employee and the duration of the less than full-time status.
An individual given leave pursuant to this policy who returns to active service with the City on or before the expiration of such leave shall be entitled to a position in the same class and pay rate and seniority as was held prior to commencement of such leave. The employee shall also be entitled to the benefits accrued but not cashed out by the employee at the time the employee entered on such leave.
If a regular part-time employee requests leave, it is up to the Department Director to determine if the employee's position will remain unfilled until the employee returns or if the position should be filled by someone else. Regular part-time employees have no guarantee that their position will be kept available for them when they return from leave. However, regular part-time employees will be allowed jury and court leave and military leave without losing their employment status as required by law.
See Compensation and Overtime Policy (#3301).
Use of Sick Leave, Annual Leave and Leave Without Pay
- Employees must notify their supervisor at start of business the day they will be using a sick day. In case of surgery or a scheduled health-related absence, the employee will notify the supervisor in advance.
- If an employee has an extended illness which exceeds the number of hours the employee has accrued as sick leave, the employee may use annual leave during that illness.
- An employee may not use accrued sick leave hours for anything other than a health-related absence.
- If an employee or an immediate family member has an illness which requires absence from work for a period extending beyond the number of annual and sick leave hours accrued by that employee, the employee must request leave without pay.
- If an employee is absent from work for a non-health related reason and has used all accrued annual leave, that employee may not use sick leave, the employee must request leave without pay.
- No employee will be allowed to use more annual leave or sick leave than has been accrued unless determined otherwise by the City Manager. Once an employee uses all accrued annual or sick leave, that employee must then request leave without pay.
- Any employee not following this procedure and failing to request leave without pay when necessary, will be subject to disciplinary action, including, but not limited to, suspension without pay or termination.
- An employee shall use any accrued comp-time prior to using annual leave.
Leave with pay may be granted to employees at the discretion of the Department Director to attend the funeral of a family member. Family member in this instance shall mean spouse, children, parents, grandchildren, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, brothers, sisters, half-brothers, half-sisters, stepfathers, stepmothers or stepchildren of the employee. Such leave shall not be charged against accrued sick or annual leave.
The amount of time granted will be governed by the Department Director according to individual circumstances, and will normally be the number of hours the employee is scheduled to work on that one day. Time granted shall not exceed the number of hours the employee is scheduled to work over three (3) workdays, or one (1) 24-hour period in the case of a firefighter. The 24-hour period will either be the first 24 hours or last 24 hours of the shift unless otherwise approved by the Department Director. Funeral leave is not intended to compensate employees for holidays, weekends or scheduled days off. Department Directors should consider the employee's work schedule; the location of the funeral, and specific family needs to justify granting more than an eight -hour work period.
1. General Policy
All eligible officers and employees, as defined herein, who are members of any branch of the armed forces of this State or of the United States, will be granted a leave of absence during that service. This policy is based on the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
2. Eligibility Requirements.
The following officers and employees shall be eligible for military leave:
- Full-time employees;
- Part-time employees;
- Limited part-time employees;
- Seasonal and temporary employees;
- Paid-On-Call employees;
- Probationary employees;
- Appointed officials; and
- Elected officials.
3. Request for a Military Leave of Absence
To request a military leave of absence, the employee shall give the employee’s supervisor a completed Military Leave Request Form along with a copy of official military orders or other evidence showing that the employee is entering active military duty. The employee is required under USERRA to provide advance written or verbal notice to the City unless it is impossible or unreasonable. The City requests that an employee give advance notice of at least 30 days prior to departure if possible. If 30 days is not possible, the employee is requested to provide as much advance notice as possible. The employee is not required to decide in advance of leaving his or her position with the City whether or not he or she will seek reemployment after completing uniformed service. Even if the employee tells the City before entering or completing uniformed service that he or she does not intend to seek reemployment, the employee does not forfeit the right to reemployment after completing service. However, if the employee gives written notice that he or she does not intend to seek reemployment after uniformed service, the employee is not entitled to non-seniority rights and benefits during the absence.
4. Compensation and Benefits While on Military Leave of Absence.
a. Military Leave With Pay:
Any eligible regular full-time or regular part-time employee, or appointed or elected official who enters active military service shall receive leave without loss of pay for up to eleven (11) calendar days (eighty-eight (88) hours), per military year. The eleven (11) days per year of military leave, which the City gives its eligible employees, will be based upon the military year, which is currently October 1st through September 30th. The employee shall be allowed full pay equal to the difference between military pay and City pay, when military pay is less than City pay, for each day of military service up to eleven (11) days per military year. Leave in excess of this amount must be taken as explained in paragraph (4b) below.
Military leave with pay may be handled in one of four ways:
i. When the employee’s military pay is less than their City pay, the employee may submit complete military pay documentation to the City after being paid by the military. The City will then reimburse the employee for the difference.
ii. When the employee’s military pay is less than their City pay, the employee may choose to receive up to eleven (11) days of full pay from the City on a regular pay day on the condition the employee agrees to reimburse the City the full (gross) amount of their military pay within one week of receipt. Under this arrangement, full reimbursement to the City along with military pay documentation is expected within one week of disbursement by the military to the employee. Amounts withheld from military pay for taxes and other purposes must also be reimbursed to the City.
iii. When the employee’s military pay will equal or exceed their City pay, the employee may choose to receive up to eleven (11) days of full pay from the City on a regular pay day on the condition the employee agrees to reimburse the City the full (gross) amount of their eleven (11) days of City pay within one week of receipt of their military pay for those eleven (11) days. Military pay documentation must also be submitted to verify date of military payment. Taxes and other deductions from City pay must also be included in the reimbursement to the City.
iv. When the employee’s military pay will equal or exceed their City pay, then no action is required of the employee. In this case, no payment is due the employee by the City for the eleven (11) days.
Military pay is defined as taxable income received for military duty. According to the military pay office, if payment is called "pay", it is taxable. If it is called an "allowance", it is not taxable. The City Manager will interpret this policy if questions arise.
b. Use of Other Leave Options during Active Military Duty:
During the eleven (11) days of military leave mentioned above, an employee choosing option (iv) may choose to take available annual leave or holiday comp.
When military leave of absence is granted in excess of the eleven (11) days indicated above, the leave of absence shall be taken in the following order: (1) all available holiday comp-time; (2) all available comp-time; (3) any available annual leave (if desired), and (4) leave without pay. An employee may not use accrued sick leave during military leave unless the employee qualifies to use it as specified in the Sick Leave section of this policy.
i. Retirement. Eligible employees called to active military service are entitled to retirement benefits according to Layton City Retirement Policy 3203.
ii. Health Plans. If the employee has coverage under the City’s health plan in connection with his or her employment, the employee may elect to continue health care coverage for a period that is the shorter of the following two periods:
- The 24 month period beginning on the date on which the employee’s absence for the purpose of performing service begins, or
- The period beginning on the date on which the employee’s absence for the purpose of performing service begins, and ending on the date on which he or she fails to return from service or apply for reemployment.
If the employee performs service in the uniformed service for fewer than thirty-one (31) days, the employee may be charged no more than the employee’s share of the premium. If the employee performs service in the uniformed service for thirty-one (31) or more days, he or she may be required to pay no more than one hundred two percent (102%) of the full premium under the plan, which represents the City’s share plus the employee’s share, plus 2% for administrative costs. Employees are responsible to arrange for payment with the Human Resources Officer and to make the required premium payments to the City in a timely manner.
The procedures to elect continuing health plan coverage and to cancel health care coverage if timely payment is not made shall be the same as COBRA compliant procedures as described in Policy 3201 as long as they do not conflict with Federal or State law.
iii. Life Insurance. City paid group life insurance will remain in effect for eligible employees and dependents during periods of active duty. Elective life insurance premiums must be paid by the employee. Employees are responsible to arrange for payment with the Human Resources Officer and to make the required premium payments to the City in a timely manner.
iv. Employee Assistance Program (EAP). The City will maintain EAP coverage for eligible employees and dependents during periods of active duty.
v. Vacation and Sick Leave. Vacation and sick leave do not accumulate during the period of active military duty. However, active duty service in the armed forces shall be used in calculating the length of service for the annual leave accrual rate for a reinstated employee pursuant to the terms of this policy. The eligible employee shall retain all unused annual, sick, and other leave to which the person was entitled immediately prior to the commencement of active military service.
vi. Holiday Pay. Employees are not paid by the City for holidays during the periods of active military duty. However, any holiday-comp balances will be paid to the employee upon being absent for active military duty for a period of 30 consecutive days. Police and fire department shift employees will not be advanced holiday comp-time accrual during periods of active military duty.
d. Salary Adjustments While On Military Leave
Employees who are absent during periods of active military duty are eligible to receive market adjustments to salary in the same manner as if they had been continuously employed by the City. Employees on military leave are eligible to receive merit increases based on the score they received in the last year they were evaluated, unless there were relevant performance issues during any portion of the current year while employed at the City.
In accordance with USERRA, an employee returning from a military leave of absence is reinstated into the job position with the pay, benefits, seniority and other job perquisites that he or she would have attained with reasonable certainty if not for the absence due to uniformed service. This position is known as the escalator position, and once it is determined, the City may have to consider several factors before determining the appropriate reemployment position in a particular case. Such factors may include the employee’s length of uniformed service, qualifications, and disability, if any. The reemployment position may be the escalator position; the pre-service position; a position comparable to the escalator or pre-service position; or the nearest approximation to one of these positions. The application of the escalator principle can also result in adverse consequences that result from the employee’s restoration on the seniority ladder.
a. Within the guidelines established by Federal and State law, the employees who take leave to serve in the uniformed services are entitled to re-employment with the City provided:
i. The employee was absent from their City position due to his or her services in the uniformed services.
ii. Advance written or verbal notice of military service was provided to the City, unless such notice is precluded by military necessity or is otherwise impossible or unreasonable.
iii. Cumulative absence from the City for military service does not exceed five (5) years. (Subject to exceptions listed at 20 CFR Part 1002.99 through 1002.103 of USERRA). A period of absence from employment before or after performing service in the uniformed services does not count toward the five-year limit.
iv. The returning employee reports to work or submits a timely application for reemployment with the Human Resources Officer after release from uniformed service whether the employee is required to report for work or submit a timely application for reemployment depends upon the length of uniformed service as follows:
- Service of less than 31 days (or any length of absence to obtain a fitness examination for military service). The employee must report back to work no later than the beginning of the first full regularly-scheduled work period on the first full calendar day following the completion of military service, and the expiration of eight hours after a period to allow safe transportation from the place of service to the employee’s residence.
- Service for more than 30 days but less than 181 days. The employee must apply for reemployment (written or verbal) not later than 14 days after completing military service. If this is impossible or unreasonable through no fault of the employee, the employee must submit the application not later than the next full calendar day after it becomes possible to do so.
- Service for more than 180 days. The employee must submit an application for reemployment (written or verbal) no later than 90 days after completing military service.
Time periods may be extended according to Federal law if the employee is recovering from a military service-related illness or injury.
v. The employee is qualified to perform the essential functions of the position.
vi. The person returning to employment received an honorable discharge or release from military service.
b. The employee’s failure to report within the time described above may subject the employee to the City’s policy regarding Unauthorized Absence from Work.
c. If the returning employee is otherwise eligible for reemployment, the City would not be required to reemploy him or her in certain circumstances, one of which being if the City establishes that the employment position vacated by the employee in order to perform uniformed services was for a brief, non-recurrent period and there was no reasonable expectation that the employment would continue.
d. Reemployment must be made promptly, which means as soon as practicable under the circumstances of each case. Absent unusual circumstances, reemployment must occur within two weeks of the employee’s application for reemployment. For example, prompt reinstatement after a weekend National Guard duty generally means the next regularly scheduled working day. On the other hand, prompt reinstatement following several years of active duty may require more time, because the City may have to reassign or give notice to another employee who occupied the returning employee’s position.
e. USERRA provides the employee with protection against discharge as follows: If the employee’s most recent period of uniformed services was more than 30 days, he or she will not be discharged except for cause-
- For 180 days after the employee’s date of reemployment if his or her most recent period of uniformed service was more than 30 days but less than 181 days; or,
- For one year after the date of reemployment if the employee’s most recent period of uniformed service was more than 180 days.
f. Elected Officials. Nothing in this policy shall be interpreted to extend a period of employment or term of office beyond that to which the affected person was elected or appointed. The person is entitled to a leave of absence only for a period not to exceed the applicable term.
See Sick Leave and Family and Medical Leave
Employees who are nursing are provided with reasonable unpaid break time to express breast milk after the birth of a child as long as providing such break time does not unduly disrupt operations. Layton City will make reasonable efforts to provide a private location. Employees will not be retaliated against for exercising their rights under this policy.
Jury Duty and Court Leave
Full-time employees who are summoned to serve on a jury, or required by subpoena to appear as a witness, shall be entitled to their regular compensation if their appearance is during regular duty hours, provided they give any reimbursement received from the court to the City. If they elect to keep the reimbursement given to them by the court or the party for whom they are testifying, they must take the time spent in court as annual leave.
Employees are expected to report daily for work before and after jury service, where possible.
Police Department employees will be governed by Police Department Policy Number Eight.
Time absent by reason of subpoena in private litigation or by some party other than the Federal Government, the State of Utah or political subdivision thereof, to testify not in official capacity but as an individual, shall be taken as annual leave or leave without pay.
Employees with other employment that sometimes requires court appearances shall not be paid for City time used to fulfill that obligation.
Additional administrative leave and leaves with pay may be granted by the City Manager for circumstances not enumerated in these regulations.
Department Director Notification of Leave
All Department Directors must notify the City Manager as soon as possible before the applicable dates, of the times and reasons they will be away from the office for annual leave or compensatory time involving more than 4 hours away from the office.
If a Department Director is sick and will not be at work, the Department Director should notify the City Manager's office as soon as possible.