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LEAVES OF ABSENCE
(A) Employees are credited with one sick day per month after their probationary period. Sick leave may be used in one-hour increments. Sick leave may be used for absences due to an illness, injury, or medical appointment of the employee. Sick leave may also be used on the same terms for the employee’s child, spouse, sibling, parent, mother-in-law, father- in-law, grandchild, grandparent, stepparent or domestic partner for reasonable periods of time as the employee’s attendance may be necessary.
(B) Credited, but unused, sick days may be accumulated at a rate not to exceed 12 working days per year and an accumulated total of 90 days. For IMRF purposes employees may accumulate a total of 240 days for retirement.
(C) Employees who will be absent from work must notify the department head on the morning of the absence within one-half hour of the scheduled time for reporting to work. Notification must be given for each day of the absence unless the department head has prior understanding of the duration of the employee’s expected sick leave.
(D) A doctor’s verification is required for absences of three consecutive days. This shall be sent to the department head and attached to the time sheet for inclusion in the employee’s file.
(E) In case of discharge or dismissal, accumulated sick leave will be forfeited by the employee.
(F) In case of resignation, an employee shall be paid one-half day salary for each accumulated sick day. For all employees hired after February 28, 2017, there will be no payment of accumulated sick time upon resignation/termination of employment.
(G) Sick leave shall not be paid until the days are credited and shall not be advanced.
(Ord. passed 11-28-2011; Res. 2017-02, passed 2-23-2017; Res. 2017-04, passed 3-23-2017)
Refer to § 38.079, concerning family and medical leave.
(Ord. passed 11-28-2011)
(A) Court/civil leave. Time away from work, with pay is allowed to permanent employees for jury duty as well as complying with subpoenas by any judicial or administrative body. Temporary employees are allowed time without pay, for attendance in court. Any monetary compensation for jury duty will be returned to the employer.
(B) Professional training leave. With prior approval, the Board will grant a leave of absence with pay to employees who wish to attend conferences, training institutes, seminars, workshops or training courses which are directly related to their job or the acquisition of specific skills and understandings necessary for improved job performance.
(C) Family bereavement leave.
(1) Full-time employees may take three days of paid bereavement leave for the death of employee's parents, spouse, children, brother, sister, grandparents, parents-in-laws, brother or sister-in-law, grandchildren; including stepparents, children, brother, sister, grandchildren and in-laws; or wards of guardianship. Employees may take one day of paid bereavement leave for the death of an aunt, uncle, niece or nephew and time of the funeral for a friend.
(2) Eligible employees (as that term is defined in Section 101(2) of the federal Family and Medical Leave Act, 29 U.S.C. 2601, et seq.) are also entitled to take a maximum of two weeks (ten working days) of unpaid bereavement leave for the reasons described below.
(3) (a) Employees may take leave for the following reasons relating to the death of a covered family member:
1. To attend the funeral or alternative to a funeral of a covered family member;
2. To make arrangements necessitated by the death of a covered family member; or
3. To grieve the death of a covered family member.
(b) In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to up to a total of six weeks of bereavement leave during the 12-month period.
(c) When an employee takes leave for reasons listed under division (C)(3)(a) above, DeWitt County may require reasonable documentation, including a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.
(4) (a) Employees may take leave for the following reasons relating to pregnancy, fertility, adoption, and surrogacy:
1. Due to a miscarriage;
2. Due to an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure;
3. Due to a failed adoption match or an adoption that is not finalized because it is contested by another party;
4. Due to a failed surrogacy agreement;
5. Due to a diagnosis that negatively impacts pregnancy or fertility; or
6. Due to a stillbirth.
(b) When an employee takes leave for reasons listed under division (C)(4)(a) above, DeWitt County may require reasonable documentation including a Department of Labor form filled out by a health care practitioner who has treated the employee or the employee's spouse or domestic partner, or surrogate, for an event listed under division (C)(4)(a) above, or documentation from the adoption or surrogacy organization that the employee worked with related to an event listed under division (C)(4)(a) certifying that the employee or his or her spouse or domestic partner has experienced an event listed under division (C)(4)(a). DeWitt County does not require that the employee identify which category of event under division (C)(4)(a) the leave pertains to as a condition of exercising the rights under this section.
(5) Bereavement leave under this section must be completed within 60 days after the date on which the employee receives notice of the death of the covered family member or the date on which an event listed under division (C)(4)(a) occurs. An employee is required to provide DeWitt County with at least 48 hours' advance notice of the employee's intention to take bereavement leave unless providing such notice is not reasonable and practicable.
(6) For purposes of this section, covered family members include an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.
(7) For purposes of this section, domestic partner includes the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a state or political subdivision of a state. Domestic partner also includes an unmarried adult person who is in a committed, personal relationship with the employee, who is not a domestic partner and not in a such a relationship with any other person, or who the employee has designated as his or her domestic partner to DeWitt County.
(8) An employee who is entitled to take paid or unpaid leave may elect to substitute any period of paid leave for an equivalent period of unpaid bereavement leave.
(9) DeWitt County prohibits retaliation against any employee who exercises his or her rights under this section, opposes any practice that the employee believes to be in violation of this section, or supports the exercise of rights of another under this section.
(10) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or in addition to the unpaid leave time permitted by the federal Family and Medical Leave Act of 1993.
(D) Educational leave. The Board may grant an employee a leave of absence without pay for an appropriate academic term or terms for the purpose of engaging in full-time studies at an accredited school which would benefit the Board by improving the employee’s qualifications to perform the duties of his or her position.
(Ord. passed 11-28-2011; Res. 2022-07, passed 11-23-2022)
(A) Basic leave entitlement. FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
(1) For incapacity due to pregnancy, prenatal medical care or child birth;
(2) To care for the employee’s child after birth, or placement for adoption or foster care;
(3) To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; and
(4) For a serious health condition that makes the employee unable to perform the employee’s job.
(B) Military family leave entitlements.
(1) Eligible employees with a spouse, son, daughter or parent on active duty or call duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings.
(2) FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the armed forces, including a member of the National Guard or Reserves, on active duty, who has a serious injury or illness incurred in the line of duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list.
(C) Benefits and protections.
(1) During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
(2) Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
(D) Eligibility requirements. Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
(E) Definition of “serious health condition”.
(1) A
SERIOUS HEALTH CONDITION is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing his or her job functions, or prevents the qualified family member from participating in school or other daily activities.
(2) Subject to certain conditions, the continuing treatment requirement may be met by:
(a) A period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider;
(b) One visit and a regimen of continuing treatment;
(c) Incapacity due to pregnancy, or incapacity due to a chronic condition; and
(d) Other conditions may meet the definition of continuing treatment.
(F) Use of leave. An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
(G) Substitution of paid leave for unpaid leave. Employees will be required to use accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies. The county does require the use of accrued paid leave while taking FMLA leave and will be counted as part of the FMLA leave.
(H) Employee responsibilities.
(1) Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
(2) Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees may also be required to provide a certification and periodic recertification supporting the need for leave.
(I) Employer responsibilities.
(1) Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employee’s rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
(2) Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the leave does qualify as FMLA leave, the employee has for up to 12 weeks of unpaid/paid leave in a 12-month period calculated as a “rolling” 12-month period measured backward from the date of any FMLA leave usage.
(3) If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
(J) Unlawful acts by employers. FMLA makes it unlawful for any employer to:
(1) Interfere with, restrain or deny the exercise of any right provided under FMLA; and/or
(2) Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
(K) Complaints.
(1) An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
(2) FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
(3) For additional information: 1-866-4US-WAGE (1-866-487-9243), TTY: 1-877-889-5627, or www.wagehour.dol.gov.
(4) FMLA § 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.
(Ord. passed 11-28-2011)
(A) Generally. The county will provide up to 12 weeks of unpaid leave from work to an employee who is a victim of domestic or sexual violence (or who has a family or household member who is a victim of domestic or sexual violence) to address domestic or sexual violence if the employee is:
(1) Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;
(2) Obtaining services from a victim services organization for the employee or the employee’s family or household member;
(3) Obtaining psychological or other counseling for the employee or the employee’s family or household member;
(4) Participating in safety planning, temporarily or permanently relocating or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic or sexual violence or ensure economic security; or
(5) Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FAMILY OR HOUSEHOLD MEMBER. A spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household whose interests are not adverse to the employee as it relates to the domestic or sexual violence.
PARENT. The biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter.
SON or DAUGHTER. A biological, adopted, or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of a mental or physical disability.
(C) Period of leave. An employee shall be entitled to a total of 12 work weeks (note that, employers with less than 50 employees can provide eight weeks instead of 12) of unpaid leave during any 12-month period. (This policy does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by the Federal and Medical Leave Act.) Leave may be taken intermittently or on a reduced work schedule.
(D) Existing leave. The employee may use any available paid or unpaid leave (including family, medical, sick, annual, personal and the like) from employment, pursuant to federal, state or local law, a collective bargaining agreement or an employment benefits program or plan, in substitution for any period of the leave for an equivalent period of leave.
(E) Employee notice requirements.
(1) The employee shall provide the county with at least 48-hours’ advance notice of the employee’s intention to take the leave unless providing the notice is not practicable.
(2) When an unscheduled absence occurs, the county will not take any action against the employee if the employee, within a reasonable period after the absence (generally defined herein as 15 days) provides certification as shown under the next section.
(F) Employee certification.
(1) The county may require the employee to provide certification to the county that:
(a) The employee or the employee’s family or household member is a victim of domestic or sexual violence; and
(b) The leave is for one of the purposes enumerated in division (F)(1)(a) above.
(2) The employee shall provide the certification to the county within a reasonable period after the county requests certification.
(3) An employee may satisfy the above certification requirement by providing to the county a signed and dated statement of the employee and, upon obtaining the documents, the employee shall provide:
(a) Documentation from an employee, agent or volunteer of a victim services organization, an attorney, a member of the clergy or a medical or other professional from whom the employee or the employee’s family or household member has sought assistance in addressing domestic or sexual violence and the effects of the violence;
(b) A police or court record; or
(c) Other corroborating evidence.
(G) Confidentiality. All information provided to the county, including a statement of the employee or any other documentation, record or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this policy, shall be retained in the strictest confidence by the county, except to the extent that disclosure is:
(1) Requested or consented to in writing by the employee; or
(2) Otherwise required by applicable federal or state law.
(H) Restoration to position. In general, an employee who takes leave under this policy shall be entitled, on return from the leave:
(1) To be restored by county to the position of employment held by the employee when the leave commenced; or
(2) To be restored to an equivalent position with equivalent employment benefits, play and other terms and conditions of employment.
(I) Loss of benefits.
(1) The taking of leave under this policy shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. An employee may elect to substitute available paid leave any period of leave under this policy. An employee will not be required to substitute available paid leave provided under this policy.
(2) An employee who takes leave under this policy for the intended purpose of the leave shall be entitled upon return from the leave to be restored to the same position or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
(3) However, the employee is not entitled to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) Any right, benefit or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.
(J) Reporting to the county. The county may require an employee on leave under this policy to report periodically to the county on the status and intention of the employee to return to work.
(K) Maintenance of health benefits. Except as provided under division (I) above, during any period that an employee takes leave under this policy, the county shall maintain coverage for the employee and any family or household member under any group health plan for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.
(L) Failure to return from leave.
(1) The county may recover the premium that the county paid for maintaining coverage for the employee and the employee’s family or household member under the group health plan during the period of leave under this policy if:
(a) The employee fails to return from leave under this policy after the period of leave to which the employee is entitled has expired; and
(b) The employee fails to return to work for a reason other than:
1. The continuation, recurrence or on-set of domestic or sexual violence that entitles the employee to leave; or
2. Other circumstance beyond the control of the employee.
(2) The county may require an employee who claims that the employee is unable to return to work because of reason described in divisions (L)(1)(a) or (L)(1)(b) above to provide, within a reasonable period after making the claim, certification to the county that the employee is unable to return to work because of that reason.
(3) An employee may satisfy the certification requirement above by providing to the county:
(a) A sworn statement of the employee;
(b) Documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy or a medical or other professional from whom the employee has sought assistance in addressing domestic or sexual violence and the effects of that violence;
(c) A police or court record; or
(d) Other corroborating evidence.
(4) The county will not fail to hire, refuse to hire, discharge, constructively discharge or harass any individual exercising their rights under this policy or otherwise discriminate against any individual exercising his or her rights under this policy with respect to the compensation, terms, conditions or privileges of employment of the individual, or retaliate against an individual in any form or manner for exercising his or her rights under this policy.
(M) Leave availability calculation. The county has adopted a “rolling 12-month period” method of calculating available leave. In order to determine the amount of available leave, the calculation is made each time an employee commences leave. From that date, the preceding 12-month period is examined. Any leave used during that preceding 12 months is deducted from the 12-weeks’ annual leave provided by law under this policy. An employee is entitled to take no more than the remaining balance of leave.
(N) Reference to required posting.
(1) The county has posted in the break room, a poster setting forth the relevant provisions of the Victims’ Economic Security and Safety Act, being ILCS Ch. 820, Act 180.
(2) The terms of that poster are incorporated in this policy document as if they were specifically set forth.
(3) Each employee is charged with familiarizing himself or herself with the contents of that poster concerning all applicable employee rights and obligations under the Act.
(Ord. passed 11-28-2011)
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