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Leave of Absence Policy v.1.1-2021
Leave of Absence (LOA) Policy
Effective Date: August 1965
BOC Amended: 8/1972; 6/1992; 12/1993; 8/1995; 4/2006; 3/2010; 9/2021
Owner
Board of Commissioners
Reviewer(s)
Human Resources
Approver(s)
Human Resources Director
Related Policies
Annual Leave
Sick Leave
Military Leave
Parental Leave
Family Medical Leave
Related Standards
n/a
Storage Location
iCobb
HR Last Review Date
September 2021
HR Next Review Date
September 2023
IS Review Cycle
Every two years
1. PURPOSE
To outline the availability of leaves of absence for health-related situations, childbirth and care, military service
needs, personal reasons, and other good cause.
2. SCOPE
This policy applies to All Employees. If you have questions regarding this policy, contact Human Resources.
3. GOVERNING LAWS, REGULATIONS & STANDARDS
Guidance
Section
Family and Medical Leave Act (FMLA)
All Regulations
Uniformed Services Employment and
Reemployment Rights Act (USERRA)
All Regulations
And all other applicable laws and regulations
4. DEFINITIONS
Family and Medical Leave Act (FMLA): An entitlement of up to 12 workweeks of leave in a 12-month rolling
calendar year (26 workweeks of leave during a single 12-month rolling calendar year to care for a covered
service member) for eligible employees of covered employers to take unpaid, job-protected leave for specified
family and medical reasons with continuation of benefits as if the employee had not taken leave. Please see
FMLA Policy for more information.
Leave of Absence (LOA): Absence from work for an extended period of time.
5. POLICY
An employee may be granted a leave of absence to help alleviate personal/family situations that are not covered
by FMLA, that may arise during the course of his/her employment or to allow the employee to pursue educational
opportunities for an initial period of up to six (6) months.
All requests for leave of absence must be submitted to and approved by the employee's Department
Head/Agency Head/Elected Official. Requests for leave of absence beyond FMLA requirements [see FMLA
Policy for information pertaining to this type of leave] must be approved by the County Manager.
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Leave of Absence Policy v.1.1-2021
Leave of Absence (LOA) Policy
Leaves of absence, for reasons other than those covered under the FMLA, as outlined within the FMLA policy,
will not be granted automatically, but authorization will be based upon the employee's showing of "good cause"
for the request. Such leave is only granted with the recommendation of the Human Resources Director, and the
approval of the County Manager. In determining whether to grant a request, the County Manager may consider
not only the merits of the request, but the needs of the County, the employee's record and other relevant factors.
Employees will be required to provide timely and appropriate verification to initiate or continue a leave of
absence.
After an approved leave of absence, if the employee is able to perform the essential functions of his/her position,
the employee generally will be reinstated to the original position or a comparable position with equivalent pay.
After the initial six (6) months of leave, an employee may be granted an extension of leave, up to an additional
six (6) months, only for his/her "serious health condition."
An employee who is granted leave beyond the initial period of six (6) months may be eligible for reinstatement
at the discretion of the Department Head/Agency Head/Elected Official.
If an employee is granted leave for 12 months and has an accrued leave balance (sick and/or annual leave) at
the expiration of that period, then the employee may request additional leave, which can be approved only by
the County Manager. The additional leave cannot exceed the amount of the employee's accrued leave balance.
Generally, employees who do not have any accrued leave at the end of a 12-month leave of absence will not
be approved for an additional extension.
6. PROCEDURES
A. Leave Requests & Certification
An employee seeking a Leave of Absence for any reason should complete a Leave of Absence Request Form,
stating the reasons for the absence and providing documentation supporting the request. The form should be
submitted to the employee's supervisor. Written authorization from the Department Head/Agency Head/Elected
Official is required for final approval.
Employees who are self-employed or who hold any other secondary employment position prior to or at the time
of requesting leave, must obtain written permission to continue such employment during a leave of absence.
An employee should submit the request for leave at least 30 days in advance of the anticipated leave where the
leave is foreseeable. When the leave is not foreseeable, an employee should submit the request form within two
(2) days of the time the need for leave becomes known to the employee.
When leave is requested for a serious health condition of the employee or an immediate family member which
requires the employee's attention, the employee must submit a health provider's certification of the need for
leave. The employee may also be required to submit recertification of the need for continuing leave every 30
days. If the leave qualifies for FML, please see the FMLA policy for more information.
The County may require that the employee undergo an examination by a physician of the County's choice prior
to determining whether leave or an extension of leave will be granted.
B. Requests for Extension of Leave Beyond Six (6) Months
An employee who has been on leave for six (6) months may request an extension of a leave of absence not to
exceed an additional six (6) months (12 months total) for the employee's own serious health condition. Such
request should be submitted on the Leave of Absence Request Form, stating the reasons for the absence and
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Leave of Absence Policy v.1.1-2021
Leave of Absence (LOA) Policy
furnishing a health care provider's certification of the necessity of leave. The form should be submitted to the
employee's supervisor. Written authorization from the Department Head/Agency Head/Elected Official is
required for final approval.
C. Conditions of Leave
Employees may not take a leave of absence to pursue, accept or work another job.
Employees may not take a leave of absence to cover time away from the job due to being incarcerated.
A leave of absence may be paid or unpaid, depending on the employee's leave accrual. While on an approved
leave of absence, an employee must use annual or sick leave, in accordance with the Annual Leave Policy
and/or the Sick Leave Policy.
D. Benefits Coverage
Employees taking an unpaid leave of absence are responsible for contacting the Human Resources Department
to arrange for the payment of benefit plans.
During an employee's leave of absence, benefits will be administered in accordance with the benefits
procedures. Eligibility for continued benefits is not dependent on the employee's pay status. To ensure there is
no disruption or discontinuance of benefits, an employee who is out of the workplace on an approved leave of
absence should contact the Human Resources Benefits Division for information about protecting and maintaining
his/her benefits.
IMPORTANT NOTICE
EMPLOYEES TAKING AN UNPAID LEAVE OF ABSENCE MUST CONTACT THE HUMAN RESOURCES
DEPARTMENT TO ARRANGE FOR THE PAYMENT OF BENEFIT PLANS DURING THEIR LEAVE. FAILURE
TO MAKE THE REQUIRED PAYMENTS WILL RESULT IN THE TERMINATION OF PLAN COVERAGE.
E. Reinstatement Procedures
An employee who has been on a leave of absence for a period of 30 calendar days or longer shall notify the
Department Head/Agency Head/Elected Official of his/her intention of returning at least 10 calendar days prior
to returning from leave. Failure to file such notice, or failure on the part of the employee to report promptly at the
expiration of the leave of absence, except for satisfactory reasons submitted in advance, shall be a cause for
dismissal.
For leaves of absence of six (6) months or less, upon the expiration of the leave of absence, if an employee
reports to work and is able to perform the essential functions of his/her original position, then the employee shall
be reinstated to the original position or a comparable position with equivalent pay.
When an employee has been on leave of absence for more than six (6) months, upon the expiration of the leave
of absence, if the employee is able to perform the essential functions of his/her original position, the employee
may be reinstated at the discretion of the Department Head/Agency Head/Elected Official. If the employee has
accrued leave available when the leave of absence is ended, the employee shall be entitled to utilize such leave.
For leaves of absence involving a health condition, the Department Head/Agency Head/Elected Official may
require health care certification of the employee's fitness to return to work and/or may require a fitness for duty
evaluation by the County physician before permitting the employee to return to work.
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Leave of Absence Policy v.1.1-2021
Leave of Absence (LOA) Policy
TYPES OF LEAVE AVAILABLE
A. Leave Under the Family & Medical Leave Act (FMLA Leave)
1. Eligible employees may take up to 12 workweeks of unpaid, job-protected leave under the Family and
Medical Leave Act ("FMLA") in a rolling 12-month period for specified family and medical reasons. In
addition, eligible employees may qualify for up to 26 workweeks of unpaid job-protected leave under the
FMLA in certain situations related to a covered family member’s service in the Armed Forces. Please see
the FMLA policy for more information.
2. Any leave designated as FMLA will count towards the allotted six (6) months of leave of absence, as
outlined in this policy.
B. Leave Other Than FMLA Leave
Employees may be granted leaves of absence for serious health or other conditions where FMLA leave is not
applicable or has expired, for job-related educational or professional development, and for the employees
demonstrated personal necessity (to handle personal or family crises or for bereavement).
7. EXCEPTIONS
Exceptions to this policy must be justified and approved in advance by the County Manager and/or the Board of
Commissioners.
8. NON-COMPLIANCE
Violations of this policy may include disciplinary action according to applicable County policies.
REVISION HISTORY
Date of
Change
Author
Rationale
08-1965
Adoption
04-1972
Revision
06-1992
Revision
12-1993
Revision
08-1995
Revision
04-2006
Revision
03-2010
Revision
09-2020
Human Resources
Reformat
09-2021
Human Resources
Revision