- Administrative Policy 3-13 Leave Bank
Administrative Policy 3-13 Leave Bank
SUBJECT: Leave Bank
PURPOSE : To establish procedures for a leave bank transfer program.
BACKGROUND : Employees facing serious health conditions often exhaust accrued leave but have need of additional assistance to return to the workplace. Chapter 17 of the Lawton City Code authorizes the City Manager to establish a leave bank program. This policy establishes a voluntary leave bank program under which certain accrued leave can be transferred to a central leave bank or to a specific employee who has been designated a leave bank recipient. It also establishes procedures whereby eligible City employees can receive leave from the leave bank.
a. Leave bank means the record keeping system established by the Human Resources Department to account for donation and use of leave bank leave.
b. Leave donor means a regular employee or regular part-time employee, who has submitted the request form authorizing a transfer of leave to the leave bank.
c. Leave recipient means a regular employee or regular part-time employee who has exhausted all other available forms of leave and for whom the City Manager has approved an application to receive leave from the leave bank.
d. Serious Health Condition â€“ An unexpected serious, major, catastrophic, or life-threatening medical condition is a period of incapacity requiring the employee to be medically unable to work for a period of seven (7) days or more. The medical condition includes continuing treatment or supervision by a health care provider or continuing treatment of a chronic or long-term health condition. The employee or his or her immediate family, as defined in Chapter 17 of the Lawton City Code must be suffering from a major or severe illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay.
e. Leave bank status means the administrative status while the employee is using leave from the leave bank.
a. An employee who has been affected by a serious health condition may submit a request form to the employee’s immediate supervisor to become a leave bank recipient. Employees incapable of filling out the request form may designate an employee of the same division or a family member to fill out the form on his or her behalf. However, prior to making such an application, written authorization must be obtained from a member of the incapacitated employee's immediate family, or from a person legally designated to act on the employee's behalf.
b. The request form must be completely filled out to be considered and must be dated and signed by the applicant or an employee or other person filing and acting on the employee's behalf. Appropriate medical documentation (i.e., doctor’s report, diagnosis, prognosis, x-rays, lab reports) must be included.
3. Review Procedures
a. All requests for leave will be forwarded from the employee's immediate supervisor through the division supervisor, department director, and Human Resources Director, to the City Manager for approval or denial.
b. The applicant will normally be notified of the actions of the City Manager by the Human Resources Director within five (5) working days after the request form is approved or denied by the City Manager.
c. Final action may be delayed pending additional documentation as may be required by this policy or the City Manager (i.e., second opinion on medical condition).
d. If denied, the reasons for denial will be provided in writing to the applicant.
e. Approved request will be processed through the Human Resources Department for action and filing.
4. Criteria for the use of leave bank.
The following criteria shall be used to determine approval of applications for leave bank use:
a. Hours must be available in the leave bank.
b. The eligible applicant employee must have been employed by the city for the last twelve (12) consecutive months and performed at least 1,250 hours of service during that time, exclusive of vacation and sick leave hours.
c. The City Manager must be satisfied that the applicant did not abuse or unwisely use leave time during prior years of employment.
5. Donation of leave
a. Donations of leave may be made by contacting the Human Resources Department and requesting a Leave Bank Donor Authorization Form.
b. The completed form will be sent to the Human Resources Department for processing and filing.
c. All donations of leave will be made to the central leave bank established by the Human Resources Department. Donors may specify, if they desire to do so, an individual to whom the donated leave may be transferred.
d. Types of leave which may be donated are restricted to accrued vacation. Program restrictions prevent employees from donating more than one half of the leave the donor employee would accrue during any one fiscal year. This restriction shall not apply to excess vacation transferred in accordance with paragraph e. below.
e. Employees may transfer accrued vacation hours in excess of 280 hours not used or taken by July 1 of each fiscal year. Request for transfer should be made by completing the leave donation form and turning in to the Human Resources Department.
6. Limitations for individual recipient. The amount of leave which an individual recipient may receive shall be limited to four hundred and eighty (480) hours per fiscal year, however, additional hours may be granted by the City Manager upon the receipt of a recommendation from a qualified treating physician.
7. Accrual of vacation, sick leave. An approved leave recipient will not accrue vacation or sick leave while absent and utilizing leave from the leave bank.
8. Monitoring. The leave recipient's immediate supervisor is responsible for monitoring the serious health condition of a leave recipient assigned to him or her. While the extent of the monitoring will be determined on a case-by-case basis, as a minimum, the supervisor will communicate with the leave recipient (or someone acting on behalf of the leave recipient) at least once during each pay period to ascertain the status of the employee. The supervisor shall then forward written documentation of the recipient's status to the Human Resources Director. Medical documentation may be requested to determine that the serious health condition continues to exist.
9. Termination of eligibility
a. Use of leave bank leave will terminate when one or more of the following occurs:
(1) The leave recipient's employment is terminated;
(2) The leave recipient retires from city employment;
(3) The leave recipient's immediate supervisor receives notice that the recipient is no longer affected by a serious health condition; or
(4) There is insufficient leave in the leave bank.
(5) The employee returns to work.
b. When the supervisor receives information that the serious health condition has ended, the supervisor will immediately notify the Human Resources Department by telephone and will follow up that notice in writing the next day.
10. Restoration of leave to the leave bank. Any transferred leave remaining to the credit of a leave recipient when the serious health condition terminates shall be restored to the leave bank.
11. Prohibition of Coercion. No employee or supervisor shall directly or indirectly intimidate, threaten, or coerce any employee for the purpose of interfering with any right such employee may have with respect to participation or non-participation in the leave bank program.
12. Annual Report. The Human Resources Director shall prepare an annual report on the status of the Leave Bank which shall include the number of hours in the bank and the number of hours transferred to Leave Bank Recipients. The report shall be sent to the City Manager not later than August 1 of each year. A copy of the report shall be provided to the Employee Advisory Committee.
REFERENCE : Chapter 17, Lawton City Code, 1995, as amended.
EFFECTIVE DATE/April 13, 2016
RESCISSION : This policy is effective March 7, 2005, and will remain in effect until rescinded.
RESPONSIBLEDEPARTMENT : Human Resources
Jerry Ihler, City Manager