Purpose

This procedure will outline the steps, forms and responsible persons required for an employee to properly be absent from a regular scheduled work day.

Introduction

This Procedure and the Oklahoma County Employees Handbook outlines the information required for an employee to properly be absent from a regular scheduled work day. Each officer must be familiar with these procedures.

Procedure

1. General Leave Provisions
   The Director of the Oklahoma County Community Sentencing program will establish the working days, hours of attendance and place of work for all employees. All employees will devote full time, attention, and effort to the duties and responsibilities of their positions during assigned hours of duty.
   
   
   1. Responsibilities of the Director
      
      The Director/designee is responsible for:
      
      
      1. Ensuring that employees are informed of any leave and attendance requirements; and
         
         
      2. Maintaining records of employee leave requests and leave balances.
         
         
   2. Responsibilities of Supervisors
      
      Supervisors are responsible for:
      
      
      1. Employees’ working hours are scheduled appropriately.
         
         
      2. Employee leave usage and attendance is monitored and leave requests are appropriately approved or denied.
         
         
      3. Time sheets reflect appropriate and approved leave programs, and errors are corrected promptly.
         
         
   3. Responsibilities of Employees
      
      Employees are responsible for:
      
      
      1. Reporting and Departing from work as directed or scheduled; and
         
         
      2. Requesting and using leave in accordance with applicable departmental and county procedures, to include making appropriate notification and submission of timely written requests and any requested documentation; and
         
         
      3. Not being tardy for or absent without leave from work without good and sufficient reason and notifying their supervisors when unable to report for duty as assigned by 0830 on the missed workday; and
         
         
      4. Staying informed regarding personal leave accruals and current balances; and
         
         
      5. Accurately recording the time and leave taken on the monthly time/leave sheet.
         
         
      6. Submitting leave request forms 14 days in advance of leave usage, when possible or by the end of the next work day after use when advance notice is not possible.
         
         
   4. Termination Following Accrued Leave Exhaustion
      
      An employee who is absent from work after the employee has exhausted all sick and annual leave accumulations, unless such absence is in accordance with rules concerning family and medical leave or pursuant to a workers compensation claim, may be terminated at the Director’s discretion.
      
      
2. Annual Leave
   Use of annual leave will be identified on the time sheet. Annual leave must be requested by the employee and may be used only when approved by the Department Director or supervisor, who shall designate such time or times which will least interfere with efficient County operation.
   
   
   1. Definition
      
      Annual leave is intended to be used for vacations, personal business, and other time off work not covered by other paid leave or holiday provisions.
      
      
   2. Eligibility Requirements
      
      Only permanent full time employees are eligible to accrue annual leave. Temporary and/or Part-Time employees are not eligible to accrue annual leave.
      
      
   3. Accrual Rates and Limits
      
      Eligible employees accrue annual leave on a calendar monthly basis in accordance with the accrual rates and accumulation limits approved by the County Commissioners of Oklahoma County and as set forth in the Oklahoma County Employees Handbook.
      
      
      1. Employees will not accrue annual leave while on an unpaid leave of absence, leave without pay status, suspension, layoff, or workers compensation.
         
         
      2. Annual leave may not be taken in advance of accrual.
         
         
      3. Holidays that fall during an employee’s annual leave shall not be counted as annual leave.
         
         
      4. When a County employee transfers to the office of a different elected official or department, the value of the employer’s accumulated annual leave may be transferred from the payroll account of the office in which the employee worked to the payroll account of the employee’s new County employer, if allowed and agreed to by the new employing department.
         
         
      5. When ordered by the proper County Official, annual leave shall not be taken from an employee when the building is closed due to an emergency.
         
         
3. Sick Leave
   
   Use of sick leave will be identified on the time/leave sheet. Sick leave must be requested by the employee and may be used only when approved by the Department Director or supervisor.
   
   
   1. Definition
      
      Sick leave is paid leave granted to an employee when they are incapacitated from the performance of duties by illness, injury, pregnancy, contagious disease, and for surgical, dental, and optical examinations or treatment. Sick leave is also granted to an employee for illness of an IMMEDIATE FAMILY member as defined in Section I, B. of the Oklahoma County Employees Handbook.
      
      
   2. Eligibility Requirements
      
      Only permanent full time employees are eligible to accrue annual leave. Temporary and/or Part-Time employees are not eligible to accrue annual leave.
      
      
   3. Accrual Rates and Limits
      
      Eligible employees accrue sick leave on a calendar monthly basis in accordance with the accrual rates and accumulation limits approved by the County Commissioners of Oklahoma County and as set forth in the Oklahoma County Employees Handbook.
      
      
      1. Employees will not accrue sick leave while on an unpaid leave of absence, leave without pay status, suspension, layoff, Military leave or workers compensation.
         
         
      2. Sick leave shall not be taken in advance of accrual and shall not be used for annual leave.
         
         
      3. Holidays, which fall during an employee’s sick leave, shall not be counted as sick leave.
         
         
      4. The Department Director or County Officer may at their discretion require a physician’s statement and/or release when an employee has been absent due to illness. When documentation is required, requests for sick leave will not be approved until accompanied by a statement from a health care provider. The facility/unit will not have any direct contact with the health care provider; all documentation must be provided by the employee or employee’s representative.
         
         
      5. In case of absence due to illness or injury for which Worker’s Compensation benefits are received, see Worker’s Compensation Leave defined in Section II, D. of the Oklahoma County Employees Handbook.
         
         
      6. If an employee becomes sick while on annual leave, proof of illness may be required by the Department Director, at his/her discretion, in order for the employee to substitute sick leave rather than annual leave taken.
      7. When a County employee transfers to the office of a different elected official or department, the value of the employee’s accumulated sick leave may be transferred at the discretion of the new employing department.
         
         
4. Paid Personal Leave
   
   Paid Personal Leave will be identified on the time/leave sheet. Paid Personal Leave must be requested by the employee and may be used only when approved by the Department Director.
   
   
   1. Definition
      
      Paid Personal Leave are days for which an employee is eligible to be absent from work with pay instead of annual leave, sick leave or holiday leave.
      
      
   2. Eligibility Requirements
      
      Only permanent full time employees are entitled to PPL. Temporary and/or Part-Time employees are not eligible to use PPL leave.
      
      
   3. Rates and Limits
      
      Eligible employees are limited to using Paid Personal Leave at the following rates and under following circumstances.
      
      The Authority to grant leave with pay pursuant to subsection 3 of this section shall extend for a period of not more than six (6) months after the date of a Presidential Declared National Disaster.
      
      
      1. In case of death of the employee’s immediate family member or an immediate family member of the employee’s minor children, a maximum of three (3) days per death.
         
         
      2. An emergency shutdown of the County buildings or sites where those employees are assigned to work. An emergency shutdown occurs when the Chair or Vice-Chair of the Board of County Commissioners, or, in their absence, the Emergency Management Director, has declared formal closing, the late-opening or the early closing of the building, due to:
         
         
         1. Emergency evacuation (bomb threat, fire, chemical spills, etc.)
            
            
         2. Severe weather conditions (snow, ice, tornados, etc.)
            
            
         3. Unsafe conditions of County buildings (structural damage, incapacitated water supply, power outage, etc.)
            
            
      3. A County Officer or Department Director may grant PPL not to exceed fifteen (15) working days to a employee who is affected by a Presidential Declared National Disaster in Oklahoma County after May 1, 1999, if:
         
         
         1. The employee suffered a physical injury as a result of the disaster.
            
            
         2. A relative or household member of the employee, (as described below) suffered a physical injury or dies as a result of the disaster; or
            
            
            1. “Relative of the employee” shall include Immediate Family as defined in Section 1.B, page 5 of the Oklahoma County Employee’s Handbook.
               
               
            2. “Household members” means a person who resides in the same home, who has reciprocal duties to and do provide financial support for one another. The term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.
               
               
      4. The domicile of the employee or the domicile of a relative of the employee was damaged to the point of being uninhabitable or destroyed as a result of the disaster.
         
         
5. Military Leave
   
   Military leave will be identified on the time/leave sheet. Military leave will be granted without loss of status, seniority, benefits, or break in employment for pension purposes for absences from work due to active or inactive service. Employees on active armed services or reserve duty will receive job reinstatement when they return.
   
   
   1. Definition
      
      Military leave is intended to be days for which an employee is eligible to be absent from work with pay instead of annual leave, sick leave or holiday leave provided the employee is a member, either officer or enlisted personnel, of the Reserve Corps of the Army, the Navy, the Air Force, the Marine Corps, the National Guard, the Coast Guard, or any other component of the Armed Forces of the United States.
      
      
   2. Eligibility Requirements
      
      Permanent full time employees are eligible to use military leave.
      
      Temporary or part-time employees may be eligible for military leave. There is a limited exception for brief, non-recurring employment that is not expected to last indefinitely or for a significant period of time. Legal advice may be required.
      
      
   3. Rates and Limits
      
      All eligible employees, when ordered to active or inactive duty or service, will be entitled to a leave of absence from such civil employment for twenty (20) regular scheduled work days during any Federal Fiscal Year which begins October 1 and ends September 30. The County shall not be required to pay an employee for more than twenty (20) regular scheduled workdays of such leave of absence in any Federal Fiscal Year.
      
      When possible, notification of leave should be provided to the County Officer in advance. A Copy of the relevant orders is required.
      
      Service members must, at their request, be permitted to use any vacation, annual, or similar leave with pay that had accrued before the beginning of their military service instead of unpaid leave.
      
      Service members cannot be forced to use any other type of leave time for military service.
      
      When ordered to active or inactive duty or service, employees will not suffer any loss of status or seniority.
      
      
6. Leave Of Absence Without Pay (LWOP)
   
   Leave Without Pay will be identified on the time/leave sheet. LWOP may be requested by the employee and used only when approved by the Department Director or may be used as the result of disciplinary action(s). LWOP is not a right or benefit of the employee.
   
   
   1. Definition
      
      Leave Without Pay status is intended to be days or hours for which an employee is to be absent from work, with the Director’s approval, without pay after exhausting all other eligible forms of leave or as part of a disciplinary outcome.
      
      
   2. Eligibility Requirements
      
      Only permanent employees are eligible to use LWOP.
      
      
   3. Rates and Limits
      
      An employee may carry county health insurance coverage during LWOP. The monthly premium, as determined by the Board of County Commissioners, must be paid by an employee by the 1st of each month during such leave. Failure to make premium payments will result in the termination of health insurance coverage. If an employee terminates coverage and then later returns from leave, they may re-enroll for health insurance coverage by providing evidence of insurability. If approved, health insurance coverage would be effective the first day of the month following approval.
      
      If an employee desires to continue retirement benefits during leave of absence, they must pay a certain percentage of their gross salary (12 percent) or an amount as established by the Retirement Board. This amount must be paid by an employee by the 10th of each month during such leave. While on LWOP, service credit time does not accrue. See Retirement Plan Document for further information.
      
      Total length of time allowed for Leave of Absence without Pay, including Family and Medical Leave Act (FMLA), shall not exceed six (6) months.
      
      If termination of employment occurs upon the completion of a Leave of Absence without Pay, the employee may elect to continue insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) program, if eligible. The period of the Leave of Absence without Pay is applied to the eighteen (18) months maximum allowed for COBRA insurance coverage.
      
      The basis for expressing base rates of pay shall be the annualized salary. Annualized salary shall be computed by multiplying the monthly rate of pay by 12 months.
      
      Annualized Salary = Monthly Rate of Pay X 12
      
      The formula for converting an annualized salary to an hourly rate of pay shall be:
      
      Hourly Rate of Pay = Annualized Salary ÷ 2080
      2080 = 52 weeks X 40 Hours)
      
      Example: Hourly Rate of Pay = $24,720.00 ÷ 2080 = 11.88461 or $11.89
      
      Note: Calculations to convert remainders to cents shall be carried five decimal places and rounded to two decimal places (cents). Any number greater than or equal to 0.005 shall be rounded to the next higher cent.
      
      
7. Other Types Of Leave
   
   The Oklahoma County Employees Handbook outlines other types of leaves and programs that should be reviewed and/or referred to by the employee as needed. These programs are:
   
   WORKERS’ COMPENSATION LEAVE
   
   COUNTY LEAVE SHARING PROGRAM
   
   FAMILY AND MEDICAL LEAVE ACT (FMLA - 1993)
   
   HOLIDAY LEAVE
   
   JURY SERVICE AND GOVERNMENT WITNESS TIME