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SEC. 34-28.   LEAVE WITHOUT PAY.
   (a)   Eligibility. Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any employee.
   (b)   When granted. An employee may be granted leave without pay for the following reasons:
      (1)   To participate in training that would result in increased job ability.
      (2)   To achieve an educational level necessary to advancement in the city.
      (3)   To perform a service that will contribute to the public welfare.
      (4)   To recover from an illness or disability, not believed to be of a permanent or disqualifying nature, for which sick leave and wage supplementation benefits have been exhausted or are not available.
      (5)   When return to work would threaten the health of others.
      (6)   To provide necessary care for a family member who is ill or incapacitated.
      (7)   For an excused absence during the initial six months of employment.
      (8)   For an excused, but noncompensable, absence of less than a day for a nonexempt employee.
      (9)   To permit vacation.
      (10)   To perform duties in the military service as authorized by Section 34-30 of this chapter and administrative directives established pursuant to that section.
      (11)   To take family and medical leave.
      (12)   At the discretion of the department director, as other circumstances may warrant granting leave without pay.
   (c)   Allowable length of leave.
      (1)   An employee’s department director may authorize leave without pay for a period not to exceed six consecutive calendar weeks. Leave without pay in excess of six consecutive calendar weeks must be requested by the department director and approved by the director of human resources. The city manager must approve leave without pay in excess of 13 consecutive calendar weeks.
      (2)   Notwithstanding Paragraph (1) of this subsection, leave without pay for an employee performing duties in the military service is governed by Section 34-30 of this chapter and administrative directives established pursuant to that section.
   (d)   Service credit.
      (1)   An employee who is on leave without pay from work for more than six consecutive calendar weeks loses service credit for that period in excess of the six calendar weeks, except to the extent that the leave without pay is authorized by the City’s Family and Medical Leave provisions.
      (2)   Notwithstanding Paragraph (1) of this subsection, service credit for an employee performing duties in the military service is governed by Section 34- 40 of this chapter and administrative directives established pursuant to that section.
   (e)   Accrued leave. An employee granted leave without pay forfeits use and accrual of sick leave, vacation leave, holiday leave, death-in-family leave, and court leave, except to the extent that the leave without pay is authorized by federal or state law.
   (f)   Termination. An employee granted leave without pay must physically return to work to retrieve sick leave credit, but will be paid for any vacation leave balance due if the employee terminates. Payment of the vacation leave balance will be at the pay rate in effect at the beginning of the leave without pay. (Ord. Nos. 19340; 19473; 20716; 22026; 22195; 24873; 29480; 31745)