HomeMy Public PortalAbout808.15 - Human Resources - Personnel Management - Personal Leave PolicyExecutive Offices
Human Resources Division Section 808.15
Policies and Procedures Manual Page 1
808.15: Personal Leave Policy
Objective:
To establish a policy which provides for the accrual, use, and payment of
personal leave for employees assigned to contracted positions as covered
in Policy & Procedure 808.9 and permanent non-bargaining unit positions
covered by the City’s Pension Plans.
Authority:
This policy amended by City Council September 21, 2020, Item A-2.
Direction:
Human Resources Division Manager, as an appointed official, serves at the
pleasure of the Mayor, and receives direction through the Chief
Administrative Officer (CAO) or designee.
Functions:
1. General
Provide Personal Leave to all eligible employees not covered by a
collective bargaining Unit Agreement.
2. Accrued Personal Leave
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Accrued Personal Leave is leave earned that is unused at any given
time. Personal Leave shall begin to accrue from the first week of
employment.
3. Earning Rate of Personal Leave
a. Personal Leave shall be earned in accordance with the
following formula:
i. From employment to fourth anniversary:
2.62 hours per week 136 hours per year
ii. From fourth to ninth anniversary:
2.93 hours per week 152 hours per year
iii. From ninth to fifteenth anniversary:
3.39 hours per week 176 hours per year
iv. From fifteenth to twenty fourth anniversary:
3.77 hours per week 196 hours per year
v. Beyond twenty fourth anniversary:
4.16 hours per week 216 hours per year
Civil Service Management, please refer to Policy & Procedure
808.8 - Police and Fire Management. (Accrual rates for Fire
and Police Appointed Officials will be at the same rates set forth
in Policy & Procedure 808.8 - Police and Fire Management).
Employees normally required to work rotating shifts who do not
receive remuneration for holidays except New Year's Day,
Martin Luther King Day, Fourth of July, Christmas and three (3)
Floater Holidays shall accrue Personal Leave at the rate of .77
hours per week in addition to that provided for in paragraphs i,
ii, iv and v preceding.
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b. Persons working a regular schedule less than 40 hours a week
will receive accrual of Personal Leave hours in accordance with
the following formula:
i. Less than 20 hours – none.
ii. 20 to less than 40 hours – one half (1/2) of that rate
mentioned above in sub-paragraphs: 3a and of this
procedure. Such employees will be those employees
whose status is changed from "permanent full-time" to
"permanent part-time" will be allowed to carry over all
personal leave. (Civilian EMTs and Civilian Paramedic
employees will be at the rate set forth in P&P 808.52 –
Civilian Transport Employees).
4. Use of Personal Leave
a. Personal Leave shall not be granted until the employee has
completed a minimum 90 days of continuous service. (Length
of service is defined in P&P 808.5).
b. Personal Leave is paid time off granted to an employee for
purposes of taking planned vacations, dealing with personal
business, and/or recovering from illness or injury. Personal
Leave may also be requested to attend to an incapacitated
member of the employee's immediate family or to supplement
Worker’s Compensation benefits. Accrued Personal Leave may
also be used for Family Leave and Domestic Violence Leave
purposes. Refer to Policy 808.25-Leave of Absence for
guidelines.
c. Scheduling and approval of Personal Leave use shall be by the
Office Director/Division Manager/Department Director, or
appropriate designated supervisor. Ordinarily, personal leave is
to be requested prior to the day(s) it is to be used.
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d. Employees who have used 40 hours of unscheduled personal
leave or had 6 unscheduled absences within a twelve (12)
month period (rollback) will be considered "extraordinary" users.
Extraordinary users will be notified in writing that future
unscheduled absences may require appropriate documentation
and that paid leave may be denied at the discretion of the
supervisor.
e. Personal Leave may be used in tenths of an hour.
5. Holiday During Personal Leave
When a holiday falls within an employee’s Personal Leave period, the
holiday shall not be charged to the employee’s Personal Leave.
6. Personal Leave Buy Down Program
This program allows employees to elect to be paid for some of their
accrued Personal Leave each calendar year. Multiple buy downs are
permissible. The minimum buy down amount is 20 hours, with a
maximum of 80 total hours for the calendar year. Department
Directors may approve a buy down of more than 80 hours for the
calendar year for employees with extenuating circumstances.
Department Directors requesting “Personal Leave Buy Down” of more
than 80 hours must get approval from the Chief Administrative
Officer, and Office Directors must get approval from the Chief of Staff.
Approval for leave buy down over 80 hours for the Chief
Administrative Officer, Chief of Staff, Chief Finance Officer and City
Attorney must be done by the Mayor. Employees must maintain a
minimum balance of 100 hours leave (50 hours for part-time) after
buy down.
7. Maximum Accrued Leave
Effective January 1, Personal Leave accrued in excess of 1,000
hours shall be forfeited and not carried forward to the next calendar
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year. Employees who have scheduled vacation to prevent forfeiture
of hours accrued in excess of the accrual cap, and due to extenuating
circumstances (not within the control of the employee) cannot take
the scheduled leave, may request through their Office Director,
Division Manager, Department Director, Assistant Chief
Administrative Officer/Chief Administrative Officer, or the Mayor's
Office as appropriate, reinstatement of hours forfeited. Such
requests, if approved, must be forwarded to the Human Resources
Division Manager for review and final approval will be made by the
Mayor or Designee.
8. Resignation/Retirement/Termination
An employee shall be paid for accrued unused Personal Leave time
upon resignation, retirement, or any other termination subject to
repayment of any outstanding indebtedness to the City. An employee
will not be compensated for accrued Personal Leave if termination or
resignation occurs during the first ninety (90) days of employment.
9. Deceased Employee’s Accrued Personal Leave
When a person dies while employed by the City, the employee’s
estate shall receive the cash equivalent value of all Personal Leave
accrued by the employee at the time of death, subject to repayment
of any outstanding indebtedness to the City.
10. Maximum Allowable Absence
An employee who, for an accumulated one hundred eighty (180) days
in a continuous twelve (12) month-period, has been unable to perform
the essential functions of that 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 Division Manager through the applicable
Department Director prior to expiration of the 180 days. The amount
of an employee's accrued leave balance and the nature of the injury
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or illness will be taken into account. Requests for exceptions must be
accompanied by medical evidence of the employee’s ability to return
to his/her current position within a reasonable amount of time. This
subsection shall not apply to Civil Service employees, who shall be
governed by Orlando Police Department/Orlando Fire Department
policies and procedures.
11. Notification of Continued Absences on Personal Leave Due to
Illness or Injury
Employees shall report absence from work due to illness or injury to
their supervisors prior to the employee's normal reporting time to
work and daily thereafter unless excused by the supervisor.
An employee unable to return to work after a period of three (3)
consecutive workdays shall make known to the supervisor the nature
of the situation, as well as the name of the attending physician, if
applicable.
For absences in excess of three (3) workdays, the employee may be
required to provide a physician's statement or Certification of
Physician Form verifying the disability of the employee or the family
member. Should any question arise as to the length or type of
incapacitation, the Occupational Health Medical Provider is
empowered, if deemed necessary, to contact the employee and verify
the extent and nature of the situation.
Employees who have been off of work for a period of ninety (90) days
due to an injury or illness and who are not expected to return to work
within one hundred twenty (120) days from the last day worked,
should be referred by the Supervisor to the Employee Benefits
Section for explanation of the LTD Application procedure.
12. Medical Clearance
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An employee, upon returning to work from an absence due to a job-
related illness or injury will be required to report to the Occupational
Health Medical Provider for medical clearance. Employees returning
to work from an absence of three consecutive work days or more for
a non job-related illness or injury should not normally be sent to the
Occupational Health Medical Provider. Exceptions to this policy may
be made if the employee's Division Manager has a legitimate concern
that the employee is unable to perform the job, in which case the
employee may be required to submit to a return-to-work physical by
Occupational Health Medical Provider. The Supervisor may require
the employee to provide a private physician's statement or
Certification of Physician Form, which, after review, must be
forwarded to the City’s Labor Relations Section, where it will be
forwarded for inclusion in the employee’s medical file maintained by
the City’s Occupational Health Care Provider. No copies should be
retained.
Absences on Personal Leave of consecutive workdays amounting to
a workweek or more, for a serious health condition as defined in
Policy & Procedure 808.25, will automatically be counted toward the
employee's annual Family Leave entitlement. Employees will be
required to have the Certification of Physician Form completed when
returning to work. After review, this form should be forwarded to the
City’s Labor Relations Section where it will be forwarded for inclusion
in the employee's medical file maintained by the City’s Occupational
Health Care Provider. No copies should be retained. Absences on
Personal Leave of consecutive workdays amounting to more than
one work week for the care of a spouse, child, or parent with a
serious health condition will require completion and submission of the
Certification of Physician Form and shall also count toward the
employee’s Family Leave maximum.
The Occupational Health Provider may require the employee to sign
a medical release. Such release will permit the Physician to contact
the employee's private physician for information. Failure of the
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employee to sign this statement when requested is grounds for
disciplinary action, up to and including dismissal.
13. Restoration of Personal Leave
Personal Leave may be used for the hours normally worked during
the first seven (7) days of absence for a job-related injury. Should
such approved job injury absence total for twenty-one (21) or more
calendar days, for that injury or illness Personal Leave used during
the initial seven (7) days absence (up to a maximum of forty (40)
hours) will be restored to the employee's Personal Leave balance.
These hours will only be restored upon receipt of notification by
Human Resources from Risk Management that the Workers'
Compensation payment covering that first forty (40) hours has been
received from the employee.
14. Granting Advanced Personal Leave
Under certain circumstances, an employee may be granted advanced
Personal Leave. The granting of advanced Personal Leave is at the
discretion of the City of Orlando and is not an employee right.
Recommendation for advanced Personal Leave must be made by the
Office Director/Division Manager, and the Department Director, with
final approval by the Human Resources Division Manager. Advanced
Personal Leave may be approved only when such leave is required
for the employee's serious disability or illness. Should an employee
be granted advanced Personal Leave, such advanced personal leave
shall be deducted from any Personal Leave accrued thereafter.
An employee may be granted advanced Personal Leave according to
the following schedule:
Employed continuously +6 months to 4 years 80 hours
Employed continuously 5 to 9 years 120 hours
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Employed continuously 10 years and up 160 hours
If additional advanced Personal Leave is necessary, and upon
determination of the Department Director and the Human Resources
Division Manager, the Chief Administrative Officer or Mayor may
grant such leave.
The following provisions must be met in order to grant advanced
Personal leave:
a. Requirements:
i. Additional Personal Leave is required for the employee’s
personal disability or illness.
ii. All Personal Leave, Sick Leave, Management Leave, and
Compensatory time credited to the employee’s account
has been exhausted or will have been exhausted on the
effective day of the advanced leave.
iii. Employee must expect to be out on leave for a period of
five (5) consecutive days before being eligible to apply for
advanced Personal Leave.
iv. Personal Leave usage must be reviewed to determine
any possible abuses (i.e. excessive unscheduled
absences). (A copy of attendance record for the twenty-
four (24) months prior to the latest period absence must
accompany application).
b. Restrictions
Factors to be considered in denial of advanced Personal Leave
include, but are not limited to:
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i. Poor attendance records for medical and non-medical
reasons prior to current illness/injury and no
demonstrated ability to accumulate personal leave.
ii. Injuries sustained in the commission of crime.
iii. Injuries sustained from self-inflicted injury.
iv. Refusal to perform light duties when available, and the
Occupational Health Provider certifies the employee is
able to perform light duties.
v. Injuries sustained while working for another employer.
c. Applications
Applications for advanced Personal Leave must be submitted
through the Office Director/Division Manager and Department
Director for approval. The application will include the following
information:
i. Name and employee number of applicant.
ii. Date of illness or disability began.
iii. A physician’s statement describing the illness or injury
and estimated length of time until return to the job.
iv. The recommendations of the Office Director/Division
Manager and Department Director.
v. A statement signed by the employee that he/she
understands the provisions for granting advanced
personal leave and agrees to waive future personal leave
earned until the advanced personal leave credited has
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been repaid. The statement shall also include the
provision that at the time of termination, the employee
agrees that any balance due on advanced personal leave
will be reimbursed from any benefits due the employee.
Any amount due over and above such benefits shall be
invoiced to the employee.
vi. A copy of the employee’s attendance record for the
twenty-four (24) months prior to the latest absence.
Denial of advanced Personal Leave shall not be an item subject
to the provisions of Policy & Procedure Manual, Section 808.21,
"Grievances".
15. Pay Back of Advanced Personal Leave
When advanced Personal Leave is authorized for an employee's use,
the Human Resources Division Manager will notify Centralized
Payroll and the employee's Department of the amount approved. This
notification will serve as authority for Payroll to accumulate a negative
balance in the employee's Personal Leave account up to the amount
approved. When the employee returns to work and as Personal
Leave begins to accrue, the negative balance will be reduced
accordingly until the balance reaches zero.
An employee may elect to use accrued compensatory time or direct
monetary repayment to pay back an advanced Personal Leave debt.
If such is desired, the employee will sign an appropriate
memorandum to the Human Resources Division Manager requesting
that a certain number of hours of accrued Compensatory time be
transferred to Personal Leave. Should an employee become ill while
paying back the advanced Personal Leave, the time off must be
charged as Compensatory time (if available), or Leave of Absence
without pay.
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Pay back provisions do not apply to employees who are subsequently
placed on City Long Term Disability or deceased.
Forms:
None.
Committee Responsibilities:
None.
Reference:
Procedure approved by City Council March 9, 1970, Item 12; amended
August 17, 1970, Item 27; amended January 25, 1971, Item 45. Format
revised February 1, 1972; amended April 10, 1972, Item 14; amended
February 4, 1974, Item 15; amended June 23, 1975, Item 20; amended
October 10, 1977, Item 10; amended January 15 1979, Item 6; amended
February 25, 1980; amended March 9, 1981, Item 33; amended July 20,
1981, Item 11; procedure renumbered from 708.15 and amended January
21, 1985, Item 21A-4; amended June 2, 1986, Item 8A-29; amended April
20, 1987, Item 7A-27; amended May 16, 1988, Item 19A-5; amended
August 12, 1991, Item 4(LL); amended April 6, 1992, Item 2(D); amended
June 21, 1993, Item 2-P; amended March 11, 1996, Item 3KK; amended
March 24, 1997, Item 3BB; amended March 23, 1998, Item 3KKK;
amended May 10, 1999, Item 3-A; amended January 24, 2000, Item 4LL;
amended May 22, 2000, Item 8-ZZ; amended January 13, 2003, Item B-23;
amended July 28, 2003, Item A-4; amended September 15, 2003;amended
January 12, 2004, Item A-5; re-formatted only April 2004; amended August
9, 2004, Item A-4; amended December 13, 2004, Item A-8; amended
September 10, 2007, Item A-5; amended September 21, 2020, Item A-2.
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Date:
This policy effective September 21, 2020.