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8.1. Annual Leave
........8.1.a. Only full-time
and part-time employees are eligible for annual leave. Part-time
employees accrue annual leave on a pro-rata basis according to their
FTE value.
........8.1.b. Eligible employees
will accrue annual leave at the rate indicated:
Years of Service Accrual Rates
Less than 5 years . . . . . . . . 5 hours/per pay period
= 15 days/year
5 years, less than 10 . . . . . .6
hours/per pay period = 18 days/year
10 years, less than 15 . . . . .7
hours/per pay period = 21 days/year
15 years or more . . . . . . . . . 8 hours/per pay period
= 24 days/year
........8.1.c. Annual leave
may not be granted in advance of the employee's accrual of such
leave. If an employee attempts to take annual leave before it has
accrued, that employee will not be paid for the unearned time taken
and may be subject to disciplinary action. Annual leave is accrued
at the end of each pay period, and is not available for use until
the first day of the next pay period.
........8.1.d. The maximum amount
of accrued annual leave that an employee can carry from one (1)
calendar year to the next is three hundred twenty (320) hours/forty
(40) days.
........8.1.e. Employees shall
make all annual leave requests in writing to his/her immediate supervisor
as far in advance of the requested leave as possible. In an emergency,
leave may be requested by telephone or in person to the employee's
immediate supervisor. The longer the leave, the more advance notice
should be given.
........8.1.f. Annual leave
shall be granted only when it will not materially affect the Department's
efficient operation. Supervisors may take this standard into account
when making their decision to approve or disapprove leave requests.
........8.1.g. Any request for
emergency annual leave made by telephone must be reviewed to determine
work needs on a given day prior to issuing a verbal approval. Such
requests may be denied, in which case the employee shall be given
a reasonable period of time to travel to work. The employee will
be required to work the full work schedule established for the Department
within that week.
........8.1.h. The minimum charge
against annual leave is fifteen (15) minutes, and annual leave must
be taken in increments of fifteen (15) minutes.
........8.1.i. Persons who leave
the employment of the Department will be compensated for their balance
of unused annual leave.
........8.1.j. In the event
of the death of an employee, unused annual leave will be converted
in a manner causing the benefits to accrue to the heirs of the estate
of the employee.
........8.1.k. Employees who
transfer from other state agencies shall be allowed to transfer
unused annual leave from their previous position when written notice
regarding this leave is provided by their previous employer.
........8.1.l. An employee who
becomes ill and who is admitted to a hospital or has medical services
performed in an emergency room while on previously approved annual
leave may request that all or part of the time spent in a hospital
or emergency room be charged to sick leave. The employee must request
such action on the day of return to work and must provide a physician
or hospital statement listing the specific dates of hospitalization
or emergency room services. Sick leave will be charged only for
the period of time documented by the physician. The remainder of
the time must be charged to annual leave.
8.2. Sick Leave
........8.2.a. Only full-time
and part-time employees are eligible for sick leave. Full-time employees
accrue six (6) hours of sick leave per pay period. Part-time employees
accrue sick leave on pro-rata basis according to their FTE value.
There is no limit on the amount of sick leave that can be accrued.
Sick leave is accrued at the end of each pay period, and is not
available for use until the first day of the next pay period. Sick
leave has no cash value and an employee will not be compensated
for accrued, unused sick leave when the employee resigns, retires,
or is otherwise discharged.
........8.2.b. The Department
makes no distinction between personal sick leave and family sick
leave. Sick leave encompasses both personal and family sick leave.
........8.2.c. Sick leave may
be granted:
................8.2.c.A. in
the event of an illness of, or injury to, an employee which makes
him or her incapable of performing his/her duties;
................8.2.c.B. when
a physician determines and states in writing that the employee's
presence may jeopardize the health of others due to exposure to
contagious disease;
................8.2.c.C. for
routine dental and medical appointments; and
................8.2.c.D. for
illness and/or routine dental and medical appointments for the employee's
immediate family. For this provision, "immediate family"
shall include an employee's spouse, children, parents, dependents,
and any individual for whom the employee is the primary caregiver.
........8.2.d. The minimum charge
against sick leave will be fifteen (15) minutes, and must be taken
in increments of fifteen (15) minutes.
........8.2.e. The maximum charge
against sick leave will be one (1) work year per substantially continuous
absence after which time the employee should consider disability
retirement.
........8.2.f. Call-In Procedure
for Requesting Sick Leave
................8.2.f.A. All
employees are to call their immediate supervisor or designated alternate
to report an absence by 9:00 a.m. or as soon as practically possible
on the scheduled workday, or in accordance with their division's
call-in policy. (Refer to Section 7.18.)
................8.2.f.B. Employees
shall not contact a general office receptionist or any other employee
in lieu of calling their immediate supervisor or designated alternate.
................8.2.f.C. Failure
to call in within the first hour and one-half of the scheduled workday,
without mitigating circumstances, will be cause to request the employee
to use annual leave for the period of absence or to be placed in
a leave of absence without pay status for the period and may be
cause for further disciplinary action.
........8.2.g. Sick leave forms
must be submitted during the first working day the employee returns
to work.
........8.2.h. Any employee
who is absent in excess of three (3) consecutive scheduled work
days and who requests sick leave must submit a doctor's excuse justifying
the employee's absence. Employees who cannot provide such justification
may be charged annual leave for their absence and may be subject
to disciplinary action.
........8.2.i. For extended
periods of leave, a physician's statement confirming the necessity
of continuing leave must be submitted every thirty (30) days.
........8.2.j. Employees who
transfer to the Department from other state agencies shall be allowed
to transfer unused sick leave from their previous position when
written notice is provided by the previous employer.
........8.2.k. After a leave
of absence/reduction in force, any unused accumulated sick leave
will be reinstated if a full-time employee is reinstated within
a year from the date of separation.
........8.2.l. When an employee
appears to have a pattern of sick leave abuse, the Commissioner
may:
................8.2.l.A. request
appropriate substantiation of the employee's claim for leave, such
as verification of illness for less than three (3) days; or
................8.2.l.B. subject
that employee to more stringent reporting requirements in the future.
........8.2.m. Division Directors
may require an employee to provide a fitness for duty certification
from a licensed physician where the employee has been absent from
work for more than five (5) scheduled work days.
8.3. Bereavement Leave
........8.3.a. Bereavement leave
is available in the case of a death in the immediate or extended
family of the employee as defined below.
........8.3.b. Employees will
make bereavement leave requests by discussing the request with their
immediate supervisor in person or by telephone.
........8.3.c. Bereavement leave
for the death of an immediate family member may not last more than
three (3) days, and shall be taken consecutively and immediately
after the death. Leave in excess of three (3) days will be charged
to annual leave.
........8.3.d. Bereavement leave
for the death of an extended family member may not last more than
one (1) day and shall be taken for the purpose of attending bereavement
services. Leave in excess of one (1) day will be charged to annual
leave.
........8.3.e. Bereavement leave
will not be charged to an employee's annual leave or sick leave.
........8.3.f. For purposes
of bereavement leave, an employee's immediate family consists of:
spouse, children, stepchildren, parents, stepparents, siblings,
stepsiblings, grandchildren, grandparents, and individuals in a
legal guardian relationship.
........8.3.g. For purposes
of bereavement leave, an employee's extended family consists of:
aunts, uncles, nieces, nephews, daughters-in-law, sons-in-law, parents-in-law,
sisters-in-law, brothers-in-law, and grandparents-in-law.
8.4. Family and Medical Leave Act
........8.4.a. Under the federal
Family and Medical Leave Act (FMLA), employees who worked twelve
(12), not necessarily consecutive, months for the Department prior
to a request for leave, and who worked 1,250 hours during the previous
twelve (12) month period are entitled to twelve (12) weeks of unpaid
leave for any of the following reasons:
................8.4.a.A. the
birth of a child;
................8.4.a.B.
adoption or initiating foster care for a child;
................8.4.a.C. need
to care for spouse, child, or parent who has a serious health condition;
or
................8.4.a.D. serious
health condition of the employee.
........8.4.b. The Department
may require that the employee take paid leaves (annual and sick
leave) as part of the twelve (12) week FMLA leave.
........8.4.c. Serious health
condition is defined as an illness, injury, impairment, or physical
or mental condition that involves: inpatient care in hospital or
similar institution; or continuing treatment by a health care provider.
........8.4.d. Not serious health
conditions, unless complications develop: conditions for which cosmetic
treatments are administered, common cold, the flu, ear aches, upset
stomach, minor ulcers, non-migraine headaches, routine dental work,
etc.
........8.4.e. An employee returning
from leave taken under this policy will be reinstated to the employee's
same position or to an equivalent position, at the election of the
Department, unless the employee would have been discharged in the
absence of any leave.
................8.4.e.A. As
an exception to the FMLA's general guarantee of reinstatement, the
Department may deny reinstatement (but may not deny leave) to a
"key" employee if restoration would cause "substantial
and grievous economic injury," provided certain conditions
are met.
................8.4.e.B. A "key"
employee is defined as a FMLA-eligible employee at or above the
Assistant Division Director level.
........8.4.f. Taking of leave
will not result in any loss of benefits or conditions of employment
accrued prior to the beginning of the leave period.
........8.4.g. The Commissioner
of the Department may require an employee to provide a fitness for
duty certification from a licensed physician where the employee
has been absent from work for the employee's own medical condition.
........8.4.h. Spouses employed
by the Department are only entitled to a combined total of twelve
(12) weeks of family leave under the FMLA for the following reasons:
................8.4.h.A. birth
and care of a child;
................8.4.h.B. for
the placement of a child for adoption or foster care, and to care
for the newly placed child; and,
................8.4.h.C. to
care for an employee's parent who has a serious health condition.
........8.4.i. Absence from
work consistent with the provisions of the FMLA will be applied
concurrently whether the employee is removed from payroll or compensation
is continued via accrued sick or annual leave with qualifying absences
due to: work-related injuries/Workers' Compensation, parental leave,
and personal or medical leaves of absence.
8.5. The Parental Leave Act
........8.5.a. Under the state
Parental Leave Act, any full-time employee who has worked for at
least twelve (12) consecutive weeks shall be entitled to a total
of twelve (12) weeks of unpaid family leave, following the exhaustion
of all his/her annual and personal leave, during any twelve-month
period:
................8.5.a.A. because
of the birth of a son or daughter of the employee;
................8.5.a.B. because
of the placement of a son or daughter with the employee for adoption;
or
................8.5.a.C. in
order to care for the employee's son, daughter, spouse, parent or
dependent who has a serious health condition.
........8.5.b. In the case of
a son, daughter, spouse, parent or dependent who has a serious health
condition, such family leave may be taken intermittently when medically
necessary.
........8.5.c. An employee may
take family leave on a part-time basis and on a part-time leave
schedule, but the period during which the number of work weeks of
leave may be taken may not exceed twelve (12) consecutive months,
and such leave shall be scheduled so as not to disrupt unduly the
operations of the Department.
........8.5.d. If a leave because
of birth or adoption is foreseeable, the employee shall provide
the Department with two (2) weeks written notice of such expected
birth or adoption.
........8.5.e. If a leave under
this section is foreseeable because of planned medical treatment
or supervision, the employee:
................8.5.e.A. shall
make a reasonable effort to schedule the treatment or supervision
so as not to disrupt unduly the operations of the Department, subject
to the approval of the health care provider of the employee's son,
daughter, parent or dependent; and
................8.5.e.B. shall
provide the Department with two (2) weeks written notice of the
treatment or supervision.
........8.5.f. The Department
may require an employee to provide a fitness for duty certification
from a licensed physician where the employee has been absent from
work on family or medical leave for the employee's own medical condition.
........8.5.g. If an employee
requests family leave to care for a family member with a serious
health condition as authorized in this article, the Department may
require the employee to provide certification by a health care provider
of the health condition.
........8.5.h. The certification
shall be sufficient if it contains the following:
................8.5.h.A. that
the child, dependent, parent or employee has a serious health condition;
................8.5.h.B. the
date the serious health condition commenced and its probable duration;
and
................8.5.h.C. the
medical facts regarding the serious health condition.
........8.5.i. The position
held by the employee immediately before the leave is commenced shall
be held upon a period not to exceed the twelve (12) week period
of the parental leave and the employee shall be returned to that
position provided the Department may employ a temporary employee
or temporary employees to fill said position for the period of the
parental leave.
........8.5.j. Nothing in this
section entitles any returning employee to the accrual of any seniority
or employment benefits during any period of family leave.
........8.5.k. During any family
leave by an employee, the employer shall continue group health insurance
coverage for such employee provided the employee pays the Department
the premium costs of such group health insurance coverage.
........8.5.l. For family leave
taken because of the birth or placement of a child, if both the
father and mother of the child work for the Department, they are
entitled to a total of twelve (12) weeks leave.
........8.5.m. Absence from
work consistent with the provisions of the Parental Leave Act will
be applied concurrently with qualifying FMLA, and personal or medical
leaves of absence without pay.
8.6. Personal Leave of Absence Without Pay
........8.6.a. Upon application
in writing to, and upon receipt of written approval of the Commissioner,
an employee may be granted a personal leave of absence without pay
for a specific period of time which normally should not to exceed
six (6) months within a twelve (12) month period. (Refer to Section
8.7.)
........8.6.b. The Commissioner
may grant a leave of absence at his/her discretion based on the
Department's personnel needs.
........8.6.c. This leave may
be taken for a variety of reasons.
........8.6.d. A leave of absence
without pay may exceed the normal limitation with the approval of
the Commissioner.
........8.6.e. At the expiration
of a leave of absence without pay, the employee shall be returned
to duty to either his/her former position, or one of comparable
pay and duties, without loss of rights, unless the position is no
longer available due to a reduction-in-force.
........8.6.f. If the leave
of absence without pay was granted due to personal illness, the
employee must furnish from the attending physician/practitioner
a prescribed physician's statement form indicating the ability of
the employee to return to work.
........8.6.g. The Commissioner
may permit an employee to return to work at or before the expiration
of the leave of absence at less than full duty, but the terms of
return shall be written and are subject to review and renewal every
thirty (30) calendar days. Such review may include the requirement
of additional certification by a physician.
........8.6.h. Failure of the
employee to report promptly at the expiration of a leave of absence
without pay, except for satisfactory reasons submitted in advance
to the Commissioner, is cause for discharge.
8.7. Medical Leave of Absence Without Pay
........8.7.a. Upon application
in writing to, and upon receipt of written approval of the Commissioner,
an injured or ill employee may be granted a medical leave of absence
without pay for a specific period of time which normally should
not to exceed six (6) months within a twelve (12) month period provided:
(Refer to Section 8.6.)
................8.7.a.A. the
employee makes application (1) no later than fifteen (15) calendar
days following the date on which the employee filed a claim for
Workers' Compensation or (2) within fifteen (15) calendar days after
the employee is injured or ill;
................8.7.a.B. the employee's
absence is due to an illness or injury which is verified by a physician/practitioner
on the prescribed physician's statement form stating that the employee
is unable to perform his/her duties and giving a date for the employee's
return to work or the date the employee's medical condition will
be re-evaluated;
................8.7.a.C. a physician's
statement is submitted every thirty (30) calendar days to confirm
the necessity for continued leave; and
................8.7.a.D. the
disability, as verified by a physician/practitioner on the prescribed
physician's statement form, is not of such nature as to render the
employee permanently unable to perform his/her duties.
................8.7.a.E. The
Commissioner shall, at least fifteen (15) days prior to, if possible,
but no later than five (5) days following the expiration of the
employee's sick leave, mail to the employee a written notice of
the employee's right to a medical leave of absence without pay and
that the leave will not be granted if the employee fails to apply
within the above time limits.
................8.7.a.F. At
the expiration of a leave of absence without pay, the employee shall
be returned to duty to either his/her former position, or one of
comparable pay and duties, without loss of rights, unless the position
is no longer available due to a reduction-in-force.
........8.7.b. If the leave
of absence without pay was granted due to personal illness, the
employee must furnish from the attending physician/practitioner
a prescribed physician's statement form indicating the ability of
the employee to return to work.
........8.7.c. The Commissioner
may permit an employee to return to work at or before the expiration
of the leave of absence at less than full duty, but the terms of
return shall be written and are subject to review and renewal every
thirty (30) calendar days. Such review may include the requirement
of additional certification by a physician.
........8.7.d. Failure of the
employee to report promptly at the expiration of a leave of absence
without pay, except for satisfactory reasons submitted in advance
to the Commissioner, is cause for discharge.
8.8. Military Leave
........8.8.a. All employees
who are members of the National Guard or of any of the Reserve Components
of the Armed Forces of the Federal Government shall be entitled
to leave of absence from duty without loss of pay or status on all
days during which they are engaged in drills or parades during business
hours ordered by proper authority, or for field training or active
service for a maximum period of thirty (30) calendar days in any
one (1) calendar year ordered or authorized by proper authority.
................8.8.a.A. The
term "without loss of pay" shall mean that the employee
shall continue to receive his/her normal salary or compensation,
notwithstanding the fact that such employee may have received other
compensation during the same period.
................8.8.a.B. An
employee shall be required to submit an official order from the
appropriate military officer in support of the request for military
leave.
................8.8.a.C. The
leave of absence for military leave shall be considered as time
worked for the Department when computing seniority, eligibility
for increase and experience with the Department.
................8.8.a.D. The
terms of this Section shall not apply under the provisions of any
Selective Training and Service Act, or other such act whereby the
President may order into active duty the National Guard and the
Reserve Components of the Armed Forces of the Federal Government.
........8.8.b. Any employee
entering the U.S. Armed Services in time of war, national emergency
or under compulsory provisions of law of the U.S. in time of peace
must be granted a leave of absence without pay from the Department.
................8.8.b.A. Upon
completion of and discharge from any such armed services and within
the applicable time period described by federal statute, rule or
regulation regarding return to employment, the employee shall have
the right to reassume his/her service with the Department without
any prejudice whatsoever to his/her status, opportunities or standing
by reason of such absence.
................8.8.b.B. Employees
shall be credited with all annual leave, sick leave, and compensatory
time not used at the commencement of his/her leave of absence.
................8.8.b.C. These
provisions shall not be construed as: an attempt to enlarge or to
extend the length of employment of any temporary employee or to
create a definite term where no definite term with respect to the
position heretofore existed; or as providing that the salary paid
by the Department shall continue to be paid to the employee while
he/she is not performing the duties of his/her position with the
state because of such services with the armed forces of the United
States.
........8.8.c. To the extent
that any portion of this Section of the policy is inconsistent with
or conflicts with the requirements of any applicable federal statute,
rule, or regulation regarding military leave or re-employment rights,
the provisions of the applicable federal statute, rule, or regulation
shall govern to the extent that this Section is inconsistent or
in conflict with such federal statute, rule, or regulation.
8.9. Court, Jury, and Hearing Leave
........8.9.a. Upon application
in writing, an employee shall be granted leave with pay when, in
obedience to a subpoena or direction by proper authority, he/she
serves upon a jury or appears as a witness before any court or judge,
any legislative committee, or any officer, board, or body authorized
by law to conduct any hearing or inquiry.
........8.9.b. The employee
shall furnish such written confirmation of absence as is required
by the Department and must attach the confirmation to the leave
slip.
........8.9.c. The employee
shall be entitled to a leave of absence with pay for the period
of absence required to perform such duty. Annual leave will not
be charged during the time the employee is on court, jury, or hearing
leave.
8.10. Leave Donation
........8.10.a. The Department
may participate in the West Virginia Division of Personnel's Leave
Donation Program with the Commissioner's approval and available
funding.
8.11. Leave Records
........8.11.a. The Department
will maintain a current leave record of its employees' accrued and
used leave in the on-line Leave System.
........8.11.b. Each employee
shall have access to his/her leave records via the Internet, or
by contacting their division timekeeper or the Administrative Services
Division.
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