(A) Leave of absence. Leaves of absence without pay may be granted to an employee after one
year of employment with the town, subject to the following conditions:
(1) Leave of absence shall not normally exceed six months, but may, in special circumstances with the approval of the Town Council, extend for a period of up to one year.
(2) Leave of absence shall be subject to the written approval of the Town Council.
(3) Leave of absence may be granted for reasons deemed to be in the best interest of the town, or the employee. Examples are job-related education or medical disability. In case of medical disability a physician acceptable to the Town Council must prepare a statement to certify the employee medically disabled.
(4) During a leave of absence benefits shall not accrue. An employee may retain his or her insurance benefits by paying the full premium (employer’s and employee’s share). At the discretion of the Town Council, the town may, in the event of a medical disability, pay six months of the employee’s medical insurance.
(B) Military leave. Any regular full-time employee of the town who is a member of the National Guard of any reserve component of the armed forces of the United States shall be entitled to a leave while he or she is engaged in the performance of official duty or training in this state or in the United States, in accordance with the Uniformed Services Re-Employment Rights Act of 1994 (USERRA) and I.C. 10-2-4-3. While on such leave, he or she shall be paid his or her regular salary for a maximum of 15 working days in any calendar year. He or she shall retain all employee benefits during the leave. To receive payment of salary during military leave, an employee must, prior to the leave, file a copy of his or her official orders with the Clerk/Treasurer. Upon return, certification from the employer's commanding officer of performance of duty in accordance with terms of the orders must also be filed. In addition, in accordance with I.C. 10-2-4-4, any regular full-time employee who is called to active duty by the Governor in case of war, invasion, insurrection, public disaster, breach of peace or imminent danger, shall be entitled to an unpaid leave of absence. While on such leave, the employee shall retain, but not accrue, all employee benefits.
(C) Bereavement leave.
(1) If there is a death in the employee’s immediate family (spouse, child, brother, sister, parent, parent of spouse, or step equivalents thereof, grandparents and grandchildren) necessary time off for the attendance of funeral matters will be approved with pay providing the total absence does not exceed three days. In the case of the death of an employee’s brother-in-law, sister-in-law, mate or step equivalents thereof, absence with pay will be approved providing the total absence does not exceed one day. For purposes of this provision, a day equals the number of hours the employee would regularly have been scheduled to work on the day taken off. 24/48 firemen shall receive one 24-hour shift off for any of the above family members.
(2) In recognition of the varying relationships between employees and their loved ones, employees may be permitted up to one additional day off with pay in the event of the death of a loved one, provided the employee request this leave in writing to his or her supervisor. By necessity, the supervisor shall consider each request on a case-by-case basis and the supervisor’s decision will be final.
(D) Civic leave. An employee who is required to serve as a juror, or to attend court or a coroner’s inquest as a witness, shall be excused from work for the days on which he or she serves and shall receive for each day of this type of service on which he or she otherwise would have worked the difference between his or her regular straight time rate and the payment he or she receives for that service. The employee shall present proof of service (subpoena) and of the amount of payment received therefore from the clerk of the court or coroner. If an employee is released from jury duty by the court any time prior to noon, he or she shall report to work within one hour after being released by the court.
(E) Family military leave.
(1) Eligibility. An ELIGIBLE EMPLOYEE (an employee who has been employed by the town for at least 12 months and worked 1,250 hours withing the previous 12-month-period, who is a spouse, son, daughter or parent of a person who is on or ordered to active duty in the armed forces) may take family military leave in the following circumstances:
(a) A QUALIFYING EXIGENCY occurs, arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a “contingency operation” as determined by the Secretary of Defense.
(b) To care for a covered service member, when the employee is the spouse, son, daughter, parent or next of kin of a covered service member who has incurred an injury or illness in the line of duty while on active duty in the armed forces, which may render the service member medically unfit to perform duties of the service member's grade, rank or rating. COVERED SERVICE MEMBER means a member of the armed forces who is receiving medical treatment, recuperation or therapy, or is otherwise in outpatient status or on the temporary disability retired list, for a serious illness or injury. NEXT-OF-KIN is defined as the nearest blood relative of the injured or recovering service member.
(2) Maximum amount of leave.
(a) Leave due to a “qualifying exigency”. An eligible employee may take up to 12 workweeks of leave during any 12-month period. This type of leave will be counted toward the employee's 12-week maximum of Family and Medical Leave in a 12-month period.
(b) Leave to care for an injured or ill service member. An eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12 month period.
(c) Husband and wife both employed by the town.
(1) A husband and wife who are both employed by the same department within the town may both take leave due to a “qualifying exigency”, and are jointly entitled to a combined total of 12 workweeks of leave. If spouses are both employed by the town, but work in separate departments, they are each entitled to 26 workweeks of leave.
(2) A husband and wife who are both employed by the same department with the town may both take leave to care for an injured or ill service member, and are jointly entitled to a combined total of 26 weeks of leave. If spouses are both employed by the town, but work in separate departments, they are each entitled to 26 workweeks of leave.
(3) Documentation.
(a) When leave is due to a qualifying exigency, employees requesting this leave must provide proof of the qualifying service member's call-up or active military service paperwork. This documentation may be a copy of the military orders or other official armed forces communication.
(b) When leave is to care for an injured or ill service member, employees requesting this leave must provide documentation of the service member's illness, injury and need for care. This documentation may be in the form of a copy of the military medical information orders for treatment, or other official armed forces communication pertaining to the service member's injury or illness incurred on active military duty that renders the service member medically unfit to perform his or her military duties. Employees will also need to complete and submit form DOL WH-380 to the payroll clerk.
(4) Advance notice.
(a) When an employee plans to take family military leave, the employee must complete a request for leave form.
(b) The employee is required to file the request with the employee's supervisor 30 days in advance of the need to take family military leave, unless the activation orders are issued less than 30 days before the requested leave is to begin, in which case the employee shall provide such notice as is reasonable and practicable.
(c) Activation orders must be forwarded to the supervisor with the request for leave form. All completed request for leave forms and copies of orders must be forwarded to the payroll clerk.
(5) Intermittent leave.
(a) Leave taken because of a qualifying exigency may be taken intermittently or on a reduced-schedule basis.
(b) Leave taken to care for an ill or injured service member may be taken intermittently or on a reduced-schedule basis when medically necessary for such care.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 07-17, passed 1-14-2008; Am. Ord. 10-10, passed 6-28-2010; Am. Ord. 2012-05, passed 1-9-2012)