Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Utilization Of Accrued Leave

POLICY

Any absence from employment which causes the employee to work less that the scheduled number of hours for the work week must be accounted for by the use of accrued leave (vacation leave, sick leave or compensatory time).

For part-time employees who do not accrue leave, the absence shall be accounted for as unpaid leave. For employees who accrue leave, unpaid leave may be granted only by permission of the Director.

Supervisory staff will monitor use of sick leave by reviewing employee sick leave records to determine if there are any habitual patterns (i.e. frequency, same day of week, proceeding or following scheduled leave, in conjunction with days off, having been denied a day off).

The type of leave that is appropriate for the specific absence shall be governed by the provisions of the current Collective Bargaining Agreement and policies and procedures specific to the type of leave.

PROCEDURES

  1. Notification by Employee of Absence

    In the event that an employee will be absent from his/her duty station on any regular scheduled work day for any purpose other than performance of specific job duties, and leave for that absence has not been approved in advance, that employee shall notify the immediate supervisor explaining the circumstances requiring this absence no later than one hour past the work start time of the day on which he/she will be absent, or, in the instance of residential officers, no later than four (4) hours prior to the beginning of the assigned shift. In the event that the immediate supervisor is not available at the time of the call, the employee shall leave a telephone number at which he/she may be reached by the supervisor.

  2. Application for Leave

    All absences from employment shall be documented by a written "Request for Leave" on the appropriate form. The Request for Leave shall be completed in advance for purposes of vacation leave and any other predictable absences (scheduled medical appointments, etc.), and immediately upon the employee’s return to work in all other cases. A brief explanation of the reason for the leave shall be included in all Requests for Leave, except in the case of vacation leave. Upon completion and signature by the employee, the Request for Leave is presented to the immediate supervisor for approval. Requests for Leave shall be forwarded with the time sheet for that pay period to the Accounting Technician. One copy of each of the Requests may be retained by the employee and the supervisor. All leave shall be taken in no less that one-quarter (1/4) hour increments. Leave shall be taken on a workday basis and shall not be taken in advance of accrual.

  3. Approval of Leave

    The immediate supervisor’s approval is necessary for the granting of any leave. In addition, the approval of the Director, or, the Director’s designee in his/her absence, is necessary for the granting of any unpaid leave.

  4. Verification of Need for Absence Due to Illness
    1. Managers and supervisors with the assistance of administrative personnel will monitor employees' sick leave and family sick leave usage each pay period. Copies of employees applications for sick leave should be retained by the Manager or supervisor each pay period.
    2. When an employee's total sick leave utilization, (including any leave taken for care and necessary attention of family members) exceeds sixty-four (64) hours in a calendar year, the supervisor shall meet with the employee and determine the nature of the absences. Without mitigating circumstances, the District will require a medical certificate or other appropriate verification, for a period of six (6) months, for absences beyond sixty-four (64) hours. However, hours which are FMLA certified or funeral leave, or the first 24 hours of care and necessary attention leave that is not FMLA-certified shall not be counted toward the sixty-four (64) hours. The supervisor will notify the employee in writing when the employee has reached sixty-four (64) hours of non-excluded sick leave usage.
    3. When the supervisor notifies the employee in writing that medical certification will be required for uses requested for six (6) months, the following procedures must then be followed:
      1. The supervisor shall inform the next higher authority (Residential Division Manager, Assistant Director or Director) and the Personnel Technician of the names of the employees that have been notified that medical certification will be required for uses requested for six (6) months.
      2. If an employee who has been notified that medical certification will be necessary returns to work without providing medical certification, the absence shall be designated as leave without pay. If the absence is for a non-medical reason, the employee will discuss the details with the supervisor as soon as possible . The supervisor may waive the need for verification of the reason for the use of leave in cases involving death in the immediate family.
      3. Failure to provide medical certification as required under this section may also result in discipline up to and including discharge.
    4. The Residential Division Manager, Assistant Director, and Director shall also review reports of sick leave usage on a periodic basis, and, prior to completing the performance evaluations on the staff under their immediate supervision, shall determine if the usage identified in A above has been reviewed and followed through in accordance with this policy.
    5. Nothing in this procedure shall prohibit a supervisor from reviewing an employee's sick leave usage at any time and taking disciplinary action prior to the 64 hours being met. The supervisor may request medical certification or other appropriate verification from any employee prior to leave being taken or return to work.
    6. It is not the Department's intent nor shall the above policy be construed in any such way as to constitute harassment of employees. This policy is intended as a vehicle by which the Department may monitor sick leave usage.
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