Loading...
G.O. 17 LONGWOOD POLICE DEPARTMENT GENERAL ORDER NUMBER: GO - 17 SUBJECT: EMPLOYEE LEAVE PROVISIONS EFFECTIVE: OCTOBER 1, 1995 REVISED: JANUARY 1, 2022 GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 1 OF 12 I. ATTENDANCE PROVISIONS: A. Workday and Workweek: 1. The workweek shall be determined by the position title of the employee. 2. The workday shall be determined by the work programs of the department. For example, some sworn officers have a workday of 12.00 hours, whereas clerical personnel have a workday of eight hours. 3. The official workweek period shall be, 12:00 a.m., Sunday - fourteen consecutive calendar days - to midnight, Saturday. 4. The department has the authority to establish the time and duration of working hours provided the total scheduled work period hours are consistent with the authorized position title. The department shall maintain records of work schedules to include approved start and stop time, days of week scheduled and length of meal period. 5. Employees are required to be at their assigned positions for the total hours in their prescribed workweek or scheduled shifts, unless absence is authorized in accordance with established policies. 6. All absences shall be properly recorded and reflected on the official payroll and charged to the employee’s leave record where applicable. B. Absenteeism/Reporting or Calling In: 1. It shall be the employee’s responsibility to submit a leave request to their immediate supervisor and obtain prior approval for all leaves with or without pay. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 2 OF 12 Exception: Prior approval for absences due to illness may be waived by the supervisor. 2. It is the responsibility of the affected employee to contact the immediate supervisor to advise of their inability to report for work no later than two hours prior to their scheduled time to report for duty. 3. Failure of an employee to report to work, or make timely notification to their immediate supervisor to obtain approval for leave, may be grounds for denial of paid leave and possible disciplinary action, up to and including termination. 4. Employees who fail to report to work or fail to call in for three (3) consecutive workdays shall be considered to have voluntarily resigned without notice. No separation benefits will be given to the employee under these circumstances. C. Tardiness: 1. Employees are expected to report to work at their scheduled time. 2. If an employee fails to report for work on time, it shall be at the chief of police’s or designee’s discretion to determine whether such time shall be made up by the employee or if such time shall be charged against the employee’s accrued leave balance, or whether such time shall be charged to leave without pay. 3. Excessive tardiness may result in disciplinary action up to and including termination. 4. If tardiness results in failure of a department to utilize the employee at a work site, the employee may be sent home by the immediate supervisor for the remainder of the workday with such time charged to the appropriate paid leave, at the discretion of the department and subject to disciplinary action. D. Approval of Time Off: 1. Paid Time Off is defined and vacation and holiday time accumulated as a benefit afforded to employees. a. Employees must submit a request to their immediate supervisor for appropriate approval before utilizing scheduled Paid Time Off. This request form must be submitted at least five (5) shift days prior to the desired time off. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 3 OF 12 b. In the cases of unforeseen sickness or emergencies, employees shall notify their immediate supervisor prior to the start of any scheduled work period (as described B, subsection 2) or prior to leaving their work assignment. A physician’s statement as proof of illness may be required if the illness extends beyond three consecutive working days or if the immediate supervisor has reasonable cause to doubt the actual illness of the employee or his/her immediate family member. Use of sick leave on false claim of illness, injury, or exposure to contagious diseases, or falsification of proof to justify such leave shall be cause for disciplinary action up to and including termination. 2. Previous leave/attendance record or the work program of the section may be grounds for denial of use of Paid Time Off. 3. Paid Time Off shall be reflected on the official payroll records. 4. A Division Supervisor’s determination regarding the scheduling and approving of Paid Time Off shall be final. E. Restrictions on Use of Paid Time Off: Paid Time Off, shall be subject to the following restrictions: 1. Paid Time Off shall not be earned by an employee while on a leave without pay status. 2. Paid time off may not be utilized when an employee has been suspended (in lieu of suspension). II. ARMED FORCES LEAVE: A. Eligibility for Armed Forces Leave: Pursuant to Chapter 43, Part 3, Title 38, of the United States Code, only full-time employees who, by reason of membership in the United States Military Reserves or the National Guard, are required to attend a training period of encampment, shall be granted leave of absence without loss of pay, time, or efficiency rating. 1. Employees must submit a copy of the official orders and leave request form to their immediate supervisor and department director for appropriate approval. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 4 OF 12 2. Requests for Armed Forces Leave shall be considered for employees any time following their date of hire. 3. Paid Armed Forces Leave shall not exceed seventeen workdays in any one annual period for employees engaged in training ordered under the provisions of the Armed Forces when assigned to active or inactive duty. 4. Leaves for longer periods of time should be considered as leave with or without pay and shall be without loss of time or efficiency rating. 5. Armed Forces Leave shall be reflected on the official payroll records. B. Restrictions of Armed Forces Leave: 1. Employees shall not have the paid seventeen workdays of Armed Forces Leave deducted from any accrued leave balances. 2. Absences for Armed Forces Leave exceeding this cap may, upon appropriate approval(s), be charged to Paid Time Off and/or leave without pay if the above leaves have been exhausted. C. Voluntary or Involuntary Activation: 1. A full-time employee who enters the Armed Forces, voluntarily or involuntarily, with presentation of a copy of the official orders, may be granted leave without pay up to ninety calendar days beyond the date of separation from the military service. 2. Accrued leaves with pay, which are not compensable under separation policies, shall be retained by the employee. The accrued unpaid leaves shall be credited to the employee’s record if the employee applies and is reinstated. 3. During military leave without pay, the employee shall be entitled to preserve all rights and benefits as may be established by the City. Upon return from military service and request for reinstatement, the employee will be assured of the position formerly held or a comparable position with no reduction of pay. 4. Upon separation from the military service, the employee must request reinstatement within ninety calendar days after such separation. 5. The Longwood Police Department may require the employee to submit to a medical examination to determine fitness to perform the duties of the position to which he/she may be returning. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 5 OF 12 6. If the employee volunteers for an additional tour of duty, all reinstatement rights shall be forfeited. III. JURY DUTY/WITNESS DUTY: A. Eligibility for Jury Duty/Witness Duty: 1. Full-time employees called for jury duty or summoned to appear as a witness on behalf of any town, city, county, state, or the federal government shall be granted leave of absence with pay for the time actually spent on jury duty or in the court appearance. NOTE: This section is not intended to cover witness duty, which may be assumed to be a normal duty of the position. 2. Employees are eligible for Jury Duty/Witness Duty Leave with pay any time following date of original employment provided appropriate documentation is provided. 3. Jury Duty/Witness Duty for court attendance shall not be granted when the employee is the defendant or is engaged in personal litigation, unless such personal litigation is the result of actions affecting or regarding the Longwood Police Department, or when the employee is a plaintiff, claimant, or witness against the Longwood Police Department in a matter contrary to the Department interests. B. Approval of Jury Duty/Witness Duty: 1. Employees shall submit a copy of the summons or subpoena as a condition of receiving time off with pay. 2. Employees released from Jury Duty/Witness Duty prior to the start or completion of the scheduled workday shall contact their immediate supervisor for direction on reporting to work. 3. This provision includes appearances required of employees at hearings, inquiries, or appeals, and/or grievances or informal hearings conducted by the chief of police. 4. Fees received for Jury Duty, witness fees, or other expenses for services performed while in the line of jury or witness duty while the employee is in a full-pay status shall not be retained by the employee and shall be endorsed by the employee and submitted to City for processing. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 6 OF 12 5. In addition to presentation of a summons or subpoena, the employee must submit a written leave request form to his/her immediate supervisor for approval. 6. Eligible employees shall not have Jury Duty/Witness Duty leave deducted from any accrued leave balances; however, appropriate notations must be made on leave request forms and official payroll records. 7. Jury Duty/Witness Duty shall be reflected on the official payroll records. IV. SUSPENSION WITHOUT PAY: A. The chief of police or designee may place any employee on Suspension Without Pay as deemed appropriate. B. Incentive Pay and clothing allowances (where applicable) will be suspended during the Suspension Without Pay period. C. The accrual of Paid Time Off benefits will be suspended during the Suspension Without Pay period. D. Employees may not work any City or Law Enforcement off-duty assignments or in any Law Enforcement capacity during the Suspension Without Pay period. E. Employees on Suspension Without Pay which exceeds thirty calendar days will be responsible for the payment of group health care benefits. F. At the time of notification of Suspension Without Pay, the employee will immediately surrender their credentials and issued firearm. V. SERVICE - CONNECTED DISABILITY/WORKERS’ COMPENSATION CLAIMS: A. An employee who is disabled or has a physical condition resulting from an accident or arising out of, and in the course of, performing their official duties, which prevents the employee from performing his regular duties, shall be considered as a service connected disability. NOTE: Any condition, which is self-inflicted or is caused by another person for reasons personal to the employee and not because of his/her employment, shall not be considered as a service connected disability. B. Any employee who is injured on the job or in the course of performing official duties is responsible for immediately advising his/her supervisor and completing a Notice of Injury Form, within twenty-four hours of the incident. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 7 OF 12 1. Failure on the employee’s part to file this report may result in ineligibility for Workers’ Compensation benefits and/or disciplinary action. 2. Failure of the supervisor to immediately advise the department and submit the appropriate paperwork to the Department within twenty-four hours of the date of injury may result in disciplinary action to that supervisor. 3. An Exposure Incident Form will be utilized in conjunction with the Notice of Injury Form for incidents such as human bites or needle sticks and will be substituted for the Notice of Injury Form in incidents where there may be exposure to communicable diseases where no direct contact has been made. C. When an injury occurs, it is the supervisor’s responsibility to insure that medical care is provided to the injured employee, if requested. 1. Medical care will be provided by the designated city physician during normal business hours unless the injury requires immediate emergency care. Only command staff personnel are authorized to make appointments to the designated city physician. 2. Emergency care will be provided by the nearest local hospital or by field paramedic personnel. Supervisors must notify the Department as soon as practical to advise them of treatment. 3. Outside normal business hours, supervisors may authorize treatment at the closest local hospital emergency room, field paramedic personnel, local walk-in clinics, the city physician, whichever is appropriate. It is the supervisor’s responsibility to notify the Department of the treatment authorization as soon as practical. 4. Any and all medical care, which may includes time off from work or continuing medical treatment, must be authorized by the Department. Failure to have this care authorized may result in the non-payment of the unauthorized treatment and deduction of time off taken from the employee’s accrued leave balance. D. Beginning with the date an employee is absent due to a compensable injury, he/she may receive his/her regular pay for the first seven calendar days. The employee shall continue to accrue Paid Time Off during this seven calendar day period following the date of injury. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 8 OF 12 1. Following the seven calendar day period, the employee will receive 66 2/3% of his salary from the city’s Workers’ Compensation insurance carrier and 33 1/3% of their regular salary from the Longwood Police Department or for a period of time based on City policy. 2. Following the thirty calendar day period, the employee may be placed on leave without pay status at the chief of police’s discretion. The employee will continue to be eligible for 66 2/3% of their salary from the city’s Workers’ Compensation insurance carrier until maximum medical improvement has been reached. 3. If an employee is placed on leave without pay status: a. The employee shall not continue to accrue Paid Time Off. b. The affected department/division may refill the position, with the chief of police’s approval, stipulating that such refill may terminate upon return of the regular employee. c. For any optional deductions from the employee’s pay (e.g., credit union, dependent health insurance coverage) it is the employee’s responsibility to make payments if elected to continue participating in these programs. d. Health insurance benefits for the employee only, will continue for the time that the employee is on leave without pay status, not to exceed three months. After the three-month period has been exhausted, the employee will be responsible for the cost of continued participation in the health insurance benefit program. e. Incentive and clothing allowances (where applicable) will be suspended during the leave without pay period. E. Should a law enforcement officer sustain a job related disability compensable under Chapter 440, Florida State Statutes, and is maliciously or intentionally injured, they shall be carried in full pay status for the duration of their Workers’ Compensation claim. 1. Full pay status shall be granted only after submission to the chief of police of a medical report, which gives a current diagnosis of the employee’s recovery and ability to return to work. Under no circumstances shall the employee’s salary and Workers’ Compensation benefits exceed the amount of the employee’s regular salary. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 9 OF 12 2. Full pay status is defined as complying with the provisions set forth above with 66 2/3% of the employee’s salary paid through the Workers’ Compensation carrier and the 33 1/3% of the employee’s salary paid by the City. 3. Health Insurance benefits will continue throughout the term of payment of the 33 1/3% by the City. 4. Clothing allowances (if applicable) will be suspended during this period of disability. 5. This full pay period will continue until such a time that the member has been medically cleared to return to work or a settlement is reached in the Workers’ Compensation claim. F. Restrictions: 1. Under no circumstances will an employee who is on Workers’ Compensation be allowed to work off duty details or any other employment. 2. An employee assigned a take-home vehicle will surrender said vehicle to the Department until medically cleared to return to full duty (without restrictions). 3. An employee will be required to obtain medical clearance from the city physician before being allowed to return to full duty. 4. An employee is required to immediately notify their supervisor upon release to full duty status or release to restricted duty. 5. An employee who is on Workers’ Compensation, and has not been released for light duty, shall remain at their residence, or may go to a physician’s office, hospital, or be in route to or from one of these locations during their normal duty hours, and be available by telephone. Exceptions may be made by an immediate supervisor. VI. FAMILY AND MEDICAL LEAVE: A. Eligibility for Family Leave: 1. Employees who have successfully completed their probationary period are eligible to request Utilization of family and medical leave. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 10 OF 12 2. Employees may be eligible to utilize up to twelve weeks in a consecutive twelve month period (beginning on the first day of requested leave) of paid and/or unpaid leave for the birth of a child or an adoption, the need to care for a child, spouse, or parent with a serious health condition or a health condition which limits the employee’s job performance. 3. Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. Eligible illnesses may include but may are not limited to heart attacks, heart conditions requiring therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, pneumonia, severe arthritis, severe nervous disorders, and pregnancies which involve complications. 4. Medical certification will be required for all employees requesting family leave for serious health conditions. Medical certification must include the date the condition began, probable duration, and appropriate medical facts in order to support an employee’s assertion. If the request is for the employee, medical certification will also be required before the employee will be allowed to return to work. 5. All requests for F.L.M.A. will be in compliance with the published rules of the U.S. Department of Labor (Title 29 Part 825). B. Restrictions on Use: The following conditions are required: 1. Employees must provide a minimum of thirty-calendar days notice via chain of command for foreseeable leaves such as births, adoptions, or planned medical treatment. 2. A maximum of twelve weeks per twelve-month period is allowable for family and medical leave. Paid Time Off may be utilized in lieu of unpaid leave as appropriate. However, employees will be required to exhaust all of their paid leave balances before being placed on unpaid leave. 3. While an employee is on unpaid leave, he/she shall not be entitled to accrue Paid Time Off hours. 4. Upon return from family and medical leave, employees will be returned to the same or an equivalent position with no loss of pay. No guarantee will be made as to the continuation of the employees’ present assignment. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 11 OF 12 5. Group health insurance benefits for the employee will only continue for the twelve-week period of paid or unpaid leave. Should an employee not return to work by their own choice and not due to the continuation of a serious medical condition, they shall be required to reimburse the City for the group health insurance premiums paid by the City during the period of unpaid leave. 6. When a husband and wife are employed by the Longwood Police Department and request the utilization of family leave for the birth or adoption of a child, the total period of leave authorized will be limited to a combined twelve weeks (paid or unpaid). VII. RESTRICTED DUTY STATUS: Restricted duty status is defined as temporary medical restrictions (may be work related or non-work related), which limits or restricts the normal duties assigned to an employee. A. In work related incidents, only the city physician (or authorized representative) may place an employee on restricted duty status. B. In non-work-related incidents, a licensed physician must provide medical documentation as part of the request or restricted duty status. C. In every case, all and exact work restrictions as well as the expected duration of the restrictions must be clearly stipulated on the approved form. The affected employee is responsible for securing said form from Department and returning the original signed form to their immediate supervisor. 1. Restricted duty status is not automatically granted and is not guaranteed. Restricted duty status will be determined by the position title of the employee, availability of work, and the nature of the restrictions. 2. The deputy chief may authorize restricted duty for a period not to exceed twelve weeks in any consecutive twelve-month period. Additional time may be authorized for restricted duty at the discretion of the chief of police. 3. Depending upon the restricted duty assignment, a reduction in work hours, salary, and accrued benefits may be required. 4. Employees will refrain from wearing their uniform while assigned to restricted duty status, unless otherwise directed. GENERAL ORDER EMPLOYEE LEAVE PROVISIONS GO – 17 PAGE 12 OF 12 5. All employees assigned take home vehicles shall surrender said vehicle to the Division Supervisor during the period of restricted duty. 6. Under no circumstances will employees be authorized to work off duty details.