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Administrative Leave (PER-19, Rev.1),. C ITY O F D E LRA Y BEA C H A D M IN IS TRA TIV E PO LI C IE S AND PRO C E DURES DEPARTMENT:Human Resources POLICY NUMBER:PER-19 SUBJECT:Administrative Leave SUPERSEDES:PER-19 Rev.O REVISION:1 APPROVED BY: EFFECTIVE DATE:5/1/2/25 Terrence Moore,City Manager PURPOSE This policy will provide guidelines for various types of administrative leave with or without pay. Employees covered by collective bargaining agreements will follow the respective governing articles. POLICY 1.Leave of absence with pay -approved leave that is compensatory A.Court Leave -lf an employee receives a subpoena as a trial witness or to give a deposition regarding matters which arose in the scope and course of City employment,the employee shall notify the City Attorney for further direction.The employee will be granted leave with pay.Any witness fees including mileage received will be endorsed to the City and deposited into the City's General Fund.An employee who does not receive a car allowance or have access to a City vehicle for travel to and from the trial may submit their mileage for reimbursement as set forth in the City's travel reimbursement policies. If an employee receives a subpoena to testify in or is a party to or is a prospective beneficiary of litigation that is not job related,the employee shall not be granted leave with pay.In such cases the employee shall use vacation leave,personal holiday,compensatory time or leave without pay. B.Jury Duty -If an employee is summoned for jury service the employee will be granted leave with pay.Employees may not accept any reimbursements and/or payments for service during jury duty. In order for the employee to receive pay during periods of jury duty,the employee shall provide documentation of services to his/her immediate supervisor. The employee should continue to report for work on those days or parts of days when excused from jury duty and when three hours or more remain on his/her scheduled workday. When a second shift employee serves on a jury,the employee will not be required to work on the day that jury duty or trial duty occurs unless that employee is deemed to be "ON CALL."When a third shift employee serves on a jury,the employee will not be required to work the third shift that begins on the day prior to the day that jury duty or witness duty occurs unless that employee is deemed to be "ON CALL". t Administrative Leave PER-19 Rev.1 Page 2 of 4 C.Training Courses -Leave with pay may be granted for employees to attend official training courses such as conferences,conventions,workshops or similar meetings which have been approved by the City. D.Bereavement Leave-For purposes of this subsection a domestic partner shall be considered the same as a spouse. When a death occurs in the family of a regular full-time employee,(family to be defined as follows: father,mother,brother,sister,spouse,child,father-in-law,mother-in-law,brother-in-law,sister-in- law,son-in-law,daughter-in-law,grandchild,grandparents or foster parents,foster child,step- mother,step-father,step-sibling or step-child)of any employee,the employee may be allowed twenty-four (24)working hours of bereavement leave with pay for in state (Florida)deaths and forty (40)working hours of bereavement leave with pay for out of state deaths.Fire Department certified shift personnel will be allowed twenty-four (24)hours duty bereavement leave with pay for in state (Florida)deaths and forty-eight (48)hours duty bereavement leave with pay for out of state deaths. Bereavement leave will not be charged against sick leave,vacation,or holiday time.Any additional time,which may or may not be granted in addition to the bereavement leave shall be charged against accumulated sick leave,vacation,or personal holiday time. E.Parent -Teachers Conferences -School Board -For attendance at parent-teacher meetings, employees are permitted to take up to two (2)hours leave with pay.Such leave must be approved in advance (24 hours before)by the employee's immediate supervisor.Two (2)meetings per fiscal year are the maximum allowable under this policy.Official documentation from the school that the meeting occurred is required upon return to work. F.Military Leave -Employees who are members of the reserves of any branch of the armed forces of the United States shall be entitled to up to 240 working hours of leave per fiscal year,with pay, to engage in training exercises.For periods in excess of 240 hours leave of absence,per fiscal year,the employee will be permitted to treat such additional leave of absence at the option of the employee,as vacation to the extent the employee is entitled to on the basis of time worked,or leave of absence without pay Upon the return of any employee from Military Leave as described above,the temporary services of the employee filling his/her position shall be terminated or said temporary employee moved elsewhere in the City's service,at the City's sole discretion.If the position has been filled by promotion,the employee so promoted shall be returned to his/her former position. G.Administrative or Inquiry Leave -lf an employee is being investigated or involved in a disciplinary process,he/she may be placed on leave with pay by the Human Resources Director while the investigation or process is ongoing.If placed on leave with pay the employee is required to be available via phone and able to report to work when notified during their normal scheduled work hours. Employees may be required by their Department Head,to furnish evidence of the facts justifying the use of the aforementioned leaves. Under these provisions,with the exception of work-related leave (official training courses),leave of absence with pay will not be considered as hours worked in computation of time and a half payment of overtime. Administrative Leave PER-19 Rev.1 Page 3 of 4 2.Leave of absence without pay -approved leave that is non-compensatory. A Military Leave -Any full time,regular employee shall be granted leave without pay,to be considered military leave,to serve in the armed forces of the United States by enlistment,draft or the call up of a reserve unit of which the employee is a member.Upon return of such employee from active service,the employee shall be restored to his/her former position or a position having a similar character,duties and compensation provided: •The employee presents a certificate or other evidence that he/she has satisfactorily and honorably completed his/her period of active service. •The employee is still qualified to perform the duties of the position •The employee makes application for reinstatement within 90 days after being relieved from active service. Additional information about military leave benefits is contained in Administrative Policy PER-21, Military Supplemental Pay and Benefits_ B.Educational Leave -Leave without pay,not to exceed one year,may be granted by the City Manager to any employee who has entered upon a course of training or study for the purpose of improving the quality of the employee's service to the City or fitting himself/herself for promotion. C.General Leave -Upon written request of an employee,the City Manager may grant a leave of absence without pay for personal or medical reasons,when it will not result in undue prejudice to the interest of the City,as determined solely by the City Manager.Employees in good standing who have used all other leave including FMLA,but who require hospitalization or a stay at home not designated as Workers Compensation may be considered for a general leave. Any month in which an employee,while on leave of absence without pay,works less than half of the normal work days will not be considered for the purpose of accruing sick leave,vacation,or other fringe benefits,based on continuous service.Employees who are on leave of absence without pay the day preceding or the day following a holiday shall not be compensated for the holiday. While on leave of absence without pay for 30 days or more,excluding approved Family and Medical Leave,the monthly group insurance premiums for a covered employee and any covered dependents must be paid by the employee.For any month in which an employee returns to work after a leave of absence without pay and works less than half of the normal work days during the month,the employee must pay the group insurance premiums for themselves and any covered dependent for that month. Failure to pay insurance premiums may result in cancellation of coverage.Payment will be due on the first day of the month and a 30 day grace period is permissible. PROCEDURE 1.Leave of absence requests require a written statement from the employee to their Department Head explaining why he/she needs the leave and whether the requester is seeking approval for paid or unpaid leave.Medical documentation for non-FMLA medical leaves of absence will be required. 2.The Department Head will forward the request to the Human Resources Director,providing a written recommendation for approval or denial.The Human Resources Director will provide a written recommendation for approval or denial to the City Manager.All approval for such requests is at the sole discretion of the City Manager. Administrative Leave PER-19 Rev.1 Page 4 of 4 3.The decision rendered by the City Manager is due to the circumstances that surround each particular request and does not set a precedent or obligation that similar request will ever be authorized or denied even if the same circumstances exist. 4.Under NO CIRCUMSTANCES may an employee use a leave of absence with pay or without pay to work for another employer or to pursue self -employment.Leaves are designed to accommodate employees who have critical personal situations,administrative emergencies,and unusual circumstances.