HomeMy Public PortalAbout808.25 - Human Resources - Personnel Management - Leave of AbsenceHuman Resources Department Section 808.25
Policies and Procedures Manual Page 1
808.25: Leave of Absence
Objective:
To provide a policy for the processing of employee Leave of Absence
(exclusive of Military Leave) requests and the replacement of employees
on extended periods of leave for all City of Orlando permanent or contract
employees unless otherwise specified by a collective bargaining
agreement.
Authority:
This policy amended by City Council January 8, 2024, Item A-01.
Direction:
Human Resources Director, as an appointed official, serves at the pleasure
of the Mayor, and receives direction through the Chief Administrative
Officer (CAO) or designee.
Functions:
1. Definitions
a. Family Leave – A period of up to a maximum of twelve (12)
work weeks during any twelve (12) month period which may
consist of paid and/or unpaid leave that can be used for:
i. Birth of a child.
ii. Placement of an adopted or foster child.
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iii. Serious illness or injury of the employee such that the
employee is unable to perform the functions of the job.
iv. Care of a child, spouse or parent with a serious or
disabling health condition or any other condition
consistent with statutory requirements.
v. Qualifying exigency – when employee’s spouse, child or
parent is on active duty or is notified of an impending
order to active duty.
b. Family Leave – Military Illness/Injury Recuperation – A period
up to twenty six (26) weeks of leave during one (1) twelve (12)-
month period to care for a spouse, child, parent or next of kin
who is a service member undergoing medical treatment,
recuperation or therapy, is on out-patient status, or is on the
temporary disabled retired list for a serious injury or illness.
c. Qualifying Exigency – is defined as:
i. Short-notice deployment
ii. Military events and related activities
iii. Child-care and school activities
iv. Financial and legal arrangements
v. Counseling (rest and recuperation)
vi. Post-deployment activities and
vii. Additional activities where the employer and employee
agree to leave
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d. City Employee – Full-time and part-time employees assigned to
permanent or contract positions (excluding
temporaries/seasonals) who have completed six (6) months
employment.
e. Serious Health Condition – An illness, injury or impairment,
physical or mental condition that involves significant medic al
care.
i. An illness or injury that involves an overnight stay in a
hospital, hospice or residential medical care facility,
including any subsequent treatment thereof, or
ii. Illness or injury that causes more than three (3) working
days of incapacity plus two (2) or more treatments by a
health care provider, or
iii. Illness or injury that causes more than three (3) working
days of incapacity plus involves at least two (2)
treatments by a health care provider and a regimen of
continuing treatment under a health care provider’s
supervision for chronic serious health conditions, twice
per year, or
iv. Any period if incapacity due to pregnancy/prenatal care,
or a chronic serious health condition or a permanent or
long-term serious health condition, or to receive medical
treatment for restorative surgery or a condition that will
likely result in a period of incapacity of more than three (3)
days.
v. Serious health conditions usually do NOT include routine
physical examinations, eye examinations, dental
examinations, flu, a cold or headache, ear aches, upset
stomachs, or minor ulcers as well as cosmetic treatments
(such as for acne or plastic surgery).
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f. Child – A biological, adopted, or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis (a person
charged with a parent’s rights, duties, and responsibilities) who
is:
i. Under eighteen (18) years of age: or
ii. Eighteen (18) years of age or older and incapable of self-
care because of a mental or physical disability.
g. Spouse – Husband or wife, as the case may be.
h. Parent – A biological parent or an individual who stood in loco
parentis to the employee when the employee was a child.
i. Domestic Violence Leave – A period of up to three (3) days
during any twelve (12) month period which may consist of paid
and/or unpaid leave that can be used for:
i. Seeking an injunction against domestic violence.
ii. Obtaining medical care or mental health counseling for
the victim of domestic violence.
iii. Obtaining services from a victim-services organization.
iv. Making the employee’s home secure from or to escape
from the perpetrator of the domestic violence.
v. Seeking legal assistance or attending court proceedings
related to the domestic violence.
2. Leave of Absence for Family Leave Purposes
a. A maximum of twelve (12) work weeks of combined leave,
whether paid, unpaid or any combination thereof (accrued leave
or unpaid Family Leave), may be taken within a twelve (12)
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month period. (Exception: Employees applying for Long-Term
Disability LTD. See Section 3.c. of this Policy.) The granted
amount of Family Leave will be measured by “rolling back”
(twelve) (12) months from the first day of the requested Family
Leave. All Sick Leave, Management Time, Personal and
Vacation Leave, if eligible as provided for under Policy and
Procedures 808.16-Sick Leave, and 808.15-Personal Leave
must be taken as Family Leave before Family Leave without
pay can be requested.
b. Requests for Family Leave should be made at least thirty (30)
days in advance, if possible. Only in unforeseen circumstances
should less than thirty (30) days notice be given for Family
Leave requests. The supervisor may require appropriate
documentation for which the leave is needed when utilized for
military active duty activation.
c. When requesting Family Leave for medical reasons for the
employee, spouse, child or parent, medical certification from a
health care provider will be required. The medical certification
must be submitted for Family Leave and state:
i. Date which the serious health condition commenced.
ii. Anticipated duration of the condition.
iii. Appropriate medical facts about the condition.
iv. Statement that the employee is needed to care for the
child, spouse or parent and an estimate of how long care
will be required.
v. In case of employee’s serious health condition, a
statement that the employee is unable to perform the
functions of the job.
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The Certification of Health Care Provider Form must be
completed by the employee’s health care provider, and
submitted to Labor Relations.
Labor Relations will review the Certification of Health Care
Provider Form and determine whether or not the requested
leave is a Family and Medical Leave Act (FMLA) qualifying
event. The employee and the employee’s immediate supervisor
will be notified by Labor Relations within five (5) working days
of the determination. If the leave is FMLA qualifying, the
employee’s anticipated return to work date will be indicated.
If the employee is not available or able to submit the form
personally due to an emergency, the department should obtain
a Certification of Health Care Provider Form and mail it to the
employee with instructions to have it signed and returned to the
immediate supervisor within fifteen (15) working days of receipt
of the form. It is the employee’s responsibility to see that the
Health Care Provider has completed the form sufficiently to
answer appropriate questions. Forms lacking required
information will be returned to the employee for completion.
d. Employees must request Family Leave (FMLA) at least thirty
(30) days in advance, if possible, by completing the “Leave
Request Form 808.1” (Revised 12/95). If an employee is taking
Personal Leave, Sick Leave, Vacation Leave, etc. for Family
Leave (FMLA) purposes, the Personal Sick/Vacation etc. lines
should be checked on the Leave Request form and the word
“family” checked underneath the appropriate category.
e. If an employee indicates that he/she is taking Personal Leave,
Sick Leave, Vacation or Management Leave for FMLA
purposes, it should be listed/recorded as “Family Leave” also. It
is not the employee’s choice as to whether or not the leave is
charged to FMLA. If the requested leave is for FMLA purposes
it must be recorded as such and the employee must be notified.
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f. Absences on Workers Compensation for a work week or more,
for a serious health condition are chargeable to the Family
Leave (FMLA) entitlement, and should be recorded as such on
the payroll.
g. Divisions should respond in writing within five (5) working days
to requests for, or knowledge of use of, leave for FMLA
purposes. Employees should be notified, in writing, that the
leave will be counted towards their yearly FMLA twelve (12)
week entitlement. If an employee is absent from work and it is
determined that the absence is an FMLA qualifying event, the
leave already taken should be designated as FMLA and the
employee must be notified in writing.
h. Any time off (paid and/or unpaid) for Family Leave (FMLA)
purposes should be recorded as such in the employee’s time
record and reported weekly or biweekly to Payroll.
i. When considering a request for Family Leave for medical
purposes for the employee, the City reserves the right to select
another health care provider to render a second medical
opinion at the City’s expense, and if the two (2) options conflict,
a third medical opinion, again at the City’s expense. The third
opinion shall be final and binding on the employee and the City.
Subsequent re-certifications may be required on a reasonable
basis at the City’s discretion.
j. As an alternative to twelve (12) consecutive work weeks of
Family Leave (FMLA), a City employee may request an
intermittent or reduced leave schedule for the serious medical
condition of the employee or the employee’s spouse, child or
parent if medically necessary. An employee working fewer
hours or taking occasional days off to accommodate his/her
medical condition or that of a spouse, child or parent may, at
the discretion of the City, be temporarily transferred to an
alternate position should one be available that has equivalent
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pay and benefits and accommodates recurring period of leave
better than the employee’s regular position.
k. Employees who need leave for planned medical treatments are
required to make reasonable efforts to schedule treatment so it
does not unduly disrupt operations at the employee’s worksite.
l. Health care benefits provided by the City will continue in effect
while employees are on Family Leave (FMLA). If on Family
Leave (FMLA) without pay, the employee will be responsible for
continuing to make monthly contributions, if any, which are
normally made by payroll deduction. If the employee does not
return to work after a Family Leave (FMLA) of absence without
pay, the City will collect from the employee any health benefit
contribution paid by the City during that period. Collection will
be made unless the failure to return to work is attributable to
other circumstances beyond the employee’s control. This
determination will be made solely by the City. Medical
documentation from the employee may be required at the
discretion of the City.
m. Personal, Vacation and Sick Leave accruals, longevity and
service time may be affected by Family Leave (FMLA) without
pay, in accordance with existing policy. Pension contribution
requirements and adjusted dates of hire affecting leave
accruals, longevity and service time, will be as set forth in this
policy in Paragraph: 4.d.
n. Upon completion of Family Leave (FMLA), the employee will be
returned to the same job or an equivalent position with
equivalent pay and benefits.
3. Leave of Absence for Domestic Violence Purposes
a. A guaranteed maximum three (3) days of combined leave,
whether paid, unpaid or any combination thereof may be taken
within a twelve (12) month period. Utilization of paid Personal
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Leave or Sick Leave must be in accordance with applicable
policy or bargaining agreement. The twelve (12) month period
will be computed by “rolling back” twelve (12) months from the
first day of the requested Domestic Violence Leave.
b. All Sick Leave, Management time, Personal and Vacation
Leave, if eligible as provided for under Policy and Procedures
808.16-Sick Leave, 808.15-Personal Leave or applicable
bargaining agreement must be taken for Domestic Violence
leave purposes before Domestic Violence leave without pay
may be requested/taken.
c. Except for cases of imminent danger, the employee must
provide their Supervisor with advanced notice of the need for
Domestic Violence Leave in accordance with their appropriate
work area, Division, Departmental leave notice policies.
d. The Supervisor may require appropriate documentation of the
act of domestic violence for which the leave is needed.
e. Information regarding the need for Domestic Violence Leave
and the circumstances/documentation regarding such leave
must be kept confidential by the Supervisor/Department. All
documentation regarding Domestic Violence Leave must be
forwarded to Labor Relations for retention purposes.
f. Domestic Violence Leave may be used by the employee if the
employee, or a member of the employee’s family or household,
is the victim of domestic violence. The leave is limited to the
following activities:
i. Seeking an injunction for protection against domestic
violence or repeat violence, dating violence, or sexual
violence.
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ii. Obtaining medical care or mental health counseling or
both for the employee or a family or household member to
address injuries resulting from domestic violence.
iii. Obtaining services from victims services organizations
such as a domestic violence shelter or rape crisis center.
iv. Making the employee’s home secure from the perpetrator
of domestic violence or finding a new home to escape the
perpetrator.
v. Seeking legal assistance to address issues arising from
domestic violence or attending or preparing for court
related proceedings arising from the act of domestic
violence.
4. Other Excused Leaves of Absence Without Pay
a. General
i. It is the policy of the City to discourage the granting of
excused absences without pay for other than Family and
Domestic Violence Leave purposes. However, for good
cause shown, excused absence without pay may be
granted to an employee if the overall operation of the
department is not adversely affected and if all accrued
Vacation Time, Personal Leave, Compensatory Time, and
Management Leave Time, as may be applicable, has
been used.
ii. This policy shall not apply to Leave of Absence granted
under Policy and Procedure Sections 808.18(1), 808.30,
or any other Leave of Absence required by law.
iii. Leave of Absence shall not be granted for the purpose of
taking other employment or for the purpose of entering
self-employment. Any employee engaging in such
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employment during Leave of Absence without pay shall
be terminated.
b. Authority to Grant Leave of Absence Without Pay
Leave of Absence without pay may be granted as follows:
i. An Office Director/Division Manager is authorized to grant
an absence of up to fifteen (15) working days per twelve
12)-month period for good cause. Time may be granted
one day at a time or consecutively. Denial of Leave of
Absence by the Office Director/Division Manager may be
appealed to the Department Director, or the Chief
Administrator’s Office as appropriate.
ii. For good cause shown, the Department Director, upon
the recommendation of the Office Director/Division
Manager, is authorized to grant up to thirty (30) additional
working days per twelve (12)-month period. Denial of
Leave of Absence by the Department Director may be
appealed in writing to the Human Resources Director or
designee, which decision shall be final. The total amount
of time which may be granted shall not exceed forty-five
(45) working days per twelve (12)-month period.
iii. Leave of Absence in excess of forty-five (45) working
days shall be submitted by the Department Director to the
Chief Administrative Officer for consideration. The Chief
Administrative Officer, for good cause shown, may grant
additional days of Leave of Absence without pay.
c. Leave of Absence when Requesting Long-Term Disability
Employees who have applied for Long-Term Disability for a non
job-related illness or injury may be placed on Leave of Absence
until an initial LTD eligibility determination has been made.
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Time off for a job-related illness or injury will be covered by
Workers’ Compensation as provided by State law.
i. This special Leave of Absence/Long-Term Disability
status (LOA/LTD) is to be used only if and when all other
paid leaves and Family Leave (FMLA) have been
exhausted.
ii. Total leave, including Family Leave, should not normally
exceed a period of four (4) months from the date of the
disabling condition, including all paid leaves and
LOA/LTD. The amount of an employee’s accrued leave
balance and the nature of his/her injury or illness will be
taken into account.
iii. If not approved for Long-Term Disability, the employee
shall be offered the same or an equivalent position if
he/she is willing and able to return to work.
d. Leave of Absence When on Short Term Disability
All accrued vacation time, personal leave, sick leave,
compensatory time, management leave time and floater
holidays, with the exception of an eighty (80)-hour Personal
Leave/Vacation balance, must be used before Short Term
Disability benefits become payable. An employee may elect to
use all or a portion of the eighty (80)-hour balance before Short
Term Disability becomes payable.
5. Provisions of Leave of Absence
a. All requests for Leave of Absence without pay must be
submitted in writing along with appropriate Request Form and
shall state the reason for the employee’s request and the
estimated length of the proposed excused absence. (See
Section: 2 for Family Leave of Absence request requirements.)
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b. When an employee is placed in a Leave of Absence without
pay status for more than ten (10) consecutive working days, the
employee will not accrue Personal Leave, Sick or annual
Leave, nor will the employee be eligible for holiday pay during
the period of excused absence.
c. If an employee misses a Longevity payment while on Leave of
Absence without pay, the payment will be made upon request
after the employee returns to work.
d. All leaves of absence without pay shall be recorded in the
payroll timekeeping system, with appropriate comments
attached, as “LOA”, or, “FMLOA” (Family, LTD or STD) in
accordance with applicable policies and procedures.
Office Directors/Division Managers are responsible for
maintaining records, verifying compliance with this procedure,
and monitoring its application.
An employee who, for an accumulated one hundred eighty
(180) calendar days in a continuous twelve (12) month-period,
has been unable to perform the essential functions of his/her
assigned position (whether on leave, restricted duty, or
otherwise), will be required to return to full duty or be
terminated. Requests for exceptions to this policy may be
submitted to the Human Resources Director or designee
through the applicable Department Director prior to expiration of
the one hundred eighty (180) calendar days. The amount of an
employee’s accrued level balance and the nature of the injury
or illness will be taken into account. Medical evidence of ability
to return to work within a reasonable amount of time will be
required. This subsection shall not apply to Civil Service
employees who shall be governed by Orlando Police
Department/Orlando Fire Department policies and procedures.
e. Leave of Absence affects Pension Service Credit as follows:
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i. An employee participating in the General Employee
Defined Benefit Retirement Plan and placed in an
excused absence without pay status in excess of eighty
(80) cumulative hours per calendar year, may maintain
the period of absence as credited service as long as the
employee pays the Defined Benefit Retirement Plan all
participant contributions that would have been deducted
from earnings during the period of time the employee was
on Leave of Absence. Total service credited under this
section shall not exceed six (6) months. Excused absence
without pay for less than eighty (80) hours per fiscal year
shall not affect the employee’s service date.
ii. If the employee does not pay the required contribution to
the Defined Benefit Retirement Plan by April 30th
following any fiscal year in which any period of Leave of
Absence without pay occurred, then their length of service
will be adjusted by deducting the time spent in a non-pay
status (see Policy & Procedure 808.25).
iii. An employee participating in the General Employee
Defined Contribution Retirement Plan [401(a)] shall not be
credited with service for any period of unpaid absence
from work. Length of service will be adjusted by deducting
the time spent in a non-pay status.
iv. Notwithstanding the above, any employee furloughed for
budget purposes for a period of forty (40) hours or less
shall not lose service time for pension purposes, but will
be treated as though on a Leave of Absence with pay. For
pension calculation purposes in any defined benefit plan,
the employee will be credited with earnings for the
furloughed period at the employee’s then current hourly
rate. For employees in the defined contribution plan, the
City will make the same contribution it would otherwise
have made for the affected period of work had no furlough
occurred.
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f. Replacement of employees who are on a Leave of Absence may
be made by one (1) or more of the following options:
i. Office Directors/Division Managers may request to
employ, through the Human Resources Department or
Administrative Services Assistance Program, temporary
replacement for an employee who is on a Leave of
Absence without pay, or an extended leave with pay.
g. Other than city-paid leave accruals, no employees shall be
placed on a leave of absence with pay for more than two
hundred and forty (240) hours in any one-year period.
Forms:
As referenced herein.
Committee Responsibilities:
None.
Reference:
Personnel Manual amended by City Council January 20, 1969, Item 12.
Procedure approved by City Council March 4, 1974, Item 13; amended by
City Council May 16, 1997, Item 6; amended May 19, 1980, Item 12;
amended December 29, 1980, Item 26; renumbered from 708.25 to 808.25
and amended November 14, 1983, Item 9, A-19; amended August 13,
1984, Item 12, A-10; amended by City Council February 20, 1989, Item
14A-2; amended June 29, 1992, Item 5DD; amended June 21, 1993, Item
2-P; amended August 9, 1993, Item OO; amended January 10, 1994, Item
K; amended August 22, 1994, Item TT; amended February 6, 1995, Item
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RR; amended July 10, 1995, Item UU; amended March 11, 1996, Item 3
KK; amended March 24, 1997, Item 3-BB; amended May 22, 2000, Item 8-
ZZ; amended September 11, 2000, Item 7X; amended June 3, 2002, Item
B24; amended December 2, 2002, Item A18; amended April 14, 2003, Item
A7; amended July 28, 2003, Item A4; amended September 15, 2003;
amended August 9, 2004, Item A4; amended February 13, 2006, Item A5;
amended September 10, 2007, Item A5; amended June 23, 2008, Item A4;
amended October 5, 2009, Item A4; amended September 21, 2020, Item
A2; amended January 8, 2024, Item A-01.
Date:
This policy effective January 8, 2024.