Procedure: Leave of Absence Without Pay
Employees who are eligible for leave benefits may submit written requests for Regular or Contingent Leave of Absences Without Pay for specified periods. Leave of Absences Without Pay may be granted or denied at the discretion of authorized officials.
Leave of Absence Without Pay, if granted, should be for short periods of time, unless there are unusual circumstances that support an extended period of time. Leave of Absences Without Pay do not include brief absences charged to Short-term (Other) Leave Without Pay (30 calendar days or less). When absence from work is due to an event qualifying for leave under the Family and Medical Leave Act, employees should be placed on Family and Medical Act Leave (with or without pay) prior to placement on Regular or Contingent Leave of Absences Without Pay. If leave under the Family and Medical Act has been exhausted or is otherwise not available, employees may request Leave of Absence Without Pay.
NOTE: Approved Leave of Absences Without Pay do not cause a break in continuous service.
Regular Leave of Absence Without Pay
If a Regular Leave of Absence Without Pay is granted, the position which the employee occupied or a position of equal grade and pay is held for the employee's return. At the expiration of the Regular Leave of Absence Without Pay, the employee will be reinstated without loss of any rights if the employee has complied with the terms and conditions outlined in the notice of approval.
Contingent Leave of Absence Without Pay
If a Contingent Leave of Absence Without Pay is granted, the position which the employee occupied is not held. The employee is entitled to reinstatement only if a "suitable vacancy", as defined in the notice of approval, is available at the expiration of the leave.
Requests
Employees are to submit written requests for Leave of Absences Without Pay through their supervisors to authorized officials. The requests must include the following information:1) The type of Leave of Absence Without Pay (Regular or Contingent) desired,
NOTE: If not specified, an authorized official may designate the type of Leave of Absence Without Pay.
2) The reason for the Leave of Absence Without Pay.
3) The start date.
4) The return date, and
5) Any other relevant information (e.g., statement from attending health care provider).
Requests based on illness, disability or other medical condition of the employee, family member or others must include a completed Certification of Serious Health Condition for Family Leave form or similar statement from the health care provider which supports the request for absence.
NOTE: Clarification may be required from the employee and/or attending health care provider prior to a determination based on the request for the Leave of Absence Without Pay.
Review
Requests for Leave of Absences Without Pay will be reviewed and determinations made based on the following:1) Reasons for the Leave of Absence Without Pay,
2) Amount of time requested,
3) Employees' documented performance, behavior and attendance records,
4) Needs of the organization, and
5) Employee's years of service.
Medical/Psychiatric Examination
Under limited circumstances and ONLY with the approval of the Central Office's Director of Human Resources, an authorized official may direct an employee to undergo a medical and/or psychiatric examination at the expense of the department. This examination may be required prior to allowing use of accrued leave, granting a Leave of Absence Without Pay (Regular or Contingent), or prior to allowing an employee to return from leave or be reinstated from a Leave of Absence Without Pay.
1) An employee is required to release the results of the medical and/or psychiatric examination to an authorized official. The results must be considered confidential and are to be shared with individuals only on a "need to know" basis.
2) Upon receipt of the results, a determination will be made regarding the appropriate action to be taken. Appropriate action includes, but is not limited to, the following:a) Employee may be allowed to use accrued leave,
b) Employee may request and be granted a Regular or Contingent Leave of Absence Without Pay.
c) Employee may be referred to a treatment program, or
d) Employee may be allowed to return to work with or without accommodation.
Determination
Final approval of requests for Leave of Absences Without Pay is at the discretion of an authorized official.
NOTE: Leave of Absences Without Pay are generally approved for medical reasons which exceed the period covered by family leave and should be for short periods of time unless unique circumstances support a longer period of time. They should not be granted for reasons including, but not limited to, attending school (unless attendance is short-term AND directly benefits the department), relocation, incarceration, or acceptance of another job.
1) An authorized official is to provide written decisions to employees concerning requests for Leave of Absences Without Pay in a timely manner.
2) If a Leave of Absence Without Pay is granted, the notification is to specify the terms and conditions of the approval including what type of Leave of Absence Without Pay has been approved (Regular or Contingent), the beginning and ending dates, and the terms for reinstatement (e.g., statement from the health care provider).a) The written approval of a Regular Leave of Absence Without Pay must identify the location and job(s) which will be available for employees' return to work.
b) The written approval of a Contingent Leave of Absence Without Pay must include the following:
* The organizational unit(s) within which a suitable vacancy must exist, and
* The specific job(s) in the organizational unit which would represent a suitable vacancy.
NOTE: In order to be considered a "suitable vacancy" a position must be properly established, budgeted and have no other restrictions that must be resolved prior to filling the vacancy.c) If an employee requests a Regular Leave of Absence Without Pay, and it is determined that it will not be approved, an authorized official must notify the employee that the request is denied. An authorized official may offer, if appropriate, the employee the opportunity to request a Contingent Leave of Absence Without Pay. An authorized official does not have the authority to place an employee on a Contingent Leave of Absence Without Pay when a specific request has not been received from the employee, except as provided in the NOTE on Page 1, Paragraph 1.1.
Notice of Return
Employees must notify authorized officials, verbally or in writing, of their intent to return to duty. This notification must be received prior to the expiration of the Leave of Absence Without Pay. Specific notification instructions may be included in the approval letter (e.g., notice will be required in writing, specific deadline date for receiving notice, etc.).
Workers' Compensation
Employees who are absent from work due to work-related injuries and/or illnesses covered under Workers' Compensation, may request to be placed on unpaid family leave, if appropriate, or leave without pay, rather than used accrued leave to cover the absence. The Selection of Payment Option form must be completed and submitted to the authorized official. Employees cannot receive both Workers' Compensation payments and salary due to using accrued leave for lost work time.Benefits
1) While on a Leave of Absence Without Pay, employees may maintain health insurance coverage through the State Health Benefit Plan and continue their benefits through the Flexible Benefits Program.a) Employees should be advised of the cost for maintaining health insurance and any benefits through the Flexible Benefits Program, arrangements for making payments, and consequences for not making timely payments.
b) The following forms must be completed and submitted to the Human Resource/Personnel Representative, as appropriate, to continue health insurance coverage:
* Request to Continue Health Benefits during Leave of Absence without Pay (Form MS66-003), and
* Disability Certification (Form MS66-005), if appropriate.
2) Employees with at least one year of participation in the Group Term Life Insurance Program under the Employees' Retirement System (ERS) may retain coverage while on Leave of Absence Without Pay. A request to continue coverage must be made in writing to ERS prior to beginning the Leave of Absence Without Pay. Coverage terminates if this written request is not filed.
NOTE: Employees who accept employment outside of State Government or who are on active duty with the Armed Forces are not eligible to continue coverage.
Time Limitations
A continuous Leave of Absence Without Pay, which may include any combination of Regular, Contingent or Short-term (Other) Leave Without Pay, or unpaid family leave, cannot exceed 12 months.
Retaining Accrued Leave
Employees may request that accrued leave (all or part) be retained while on Leave of Absence Without Pay. Authorized officials should consider the reasons for the Leave of Absences Without Pay and the length of time requested before approving a request to retain accrued leave. Requests to retain accrued leave should be approved unless extenuating circumstances dictate otherwise.
Reinstatement
1) Prior to reinstatement of employees from Leave of Absences Without Pay due to their own illness, disability or medical condition, employees must provide a statement from the attending health care provider to the authorized official.a) The statement must indicate that the employee can resume the essential functions of the job, with or without reasonable accommodation.
b) Each health care provider's statement indicating work accommodations will be reviewed on a case-by-case basis.
2) Employees may request to be reinstated prior to the expiration of approved Leave of Absence Without Pay. Authorized officials may approve requests for early reinstatement unless specific circumstances prevent approval.
3) Upon return from Leave of Absences Without Pay, employees retain previously accrued and unused leave.
4) In order for an employee to be reinstated from a Contingent Leave of Absence Without Pay, a "suitable vacancy" must be properly established, budgeted and have no other restrictions that must be resolved prior to filling the vacancy.
Extensions
An extension of a Leave of Absence Without Pay beyond the 12-month limitation may be granted by authorized officials if determined appropriate. If an extension is granted it will be on a Contingent Leave of Absence Without Pay basis only. Such an extension should be for a limited period of time and cannot be granted for more than 12 months.
NOTE: Authorized officials should only grant an extension for the employee's medical reasons and when the employee's condition and other factors indicate that the employee will be able to return to work.
1) Employees are to request extensions in writing. Only requests for a Contingent Leave of Absence Without Pay will be considered.
2) Requests for extensions must be accompanied by a statement from the attending health care provider which supports the request for the continued absence. (The NOTE under the Request Section may also be used for extensions.)
3) Authorized officials are to either approve or deny requests in writing and must include the conditions of return.
4) If an extension is granted a statement should be included in the notice that approval of the request for extension does not extend health insurance coverage under the Flexible Benefits Program. The State Health Benefit Plan will provide information regarding continuing coverage through COBRA.
5) Employees must notify authorized officials, verbally or in writing, of their intent to return to duty. This notification must be received prior to the expiration of the Leave of Absence Without Pay or by the date specified in the approval notice.
6) At the expiration of the extension of the Contingent Leave of Absence Without Pay, employees will be reinstated without loss of any rights only if a suitable vacancy, as defined in the notice of approval, is available.
7) If reinstated, prior to returning to work, employees must submit to their authorized officials a statement from the attending health care provider which releases them to resume the essential functions of their job, with or without reasonable accommodation.
Creditable Service Toward Retirement
Members of the Employees' Retirement System who are on Leave of Absences Without Pay due to a physical or mental illness, sickness or disorder caused by a job-related disease/accident may submit a request to purchase up to 12 months of service in a five-year period by paying employee contributions plus interest within the first six months of return to duty.
Members of the Teachers' Retirement System who are in inactive status may submit a request to purchase service if they meet appropriate eligibility (See TRS booklet "Membership Status" or www.trsga.com.
References
Created: October 2, 2001