(a) The President of Council with the approval of Council as to an employee of Council, including the Clerk of Council, and the Mayor as to an administrative employee in the classified or unclassified service may grant a leave of absence on account of sickness, disability, educational development or other reasons found to be in the mutual interest of the City and the employee. An employee shall request, in writing, all leaves of absences without pay. The request shall state reasons for taking a leave of absence and dates for which such leave is being requested. A personal leave of absence is subject to the following provisions:
(1) Length of leave. Personal leaves of absence may be granted for a maximum duration of six (6) months.
(2) Abuse of leave. If it is found that a leave of absence is not actually being used for the purpose for which it was granted, the Mayor, or the President of Council, may cancel the leave and direct the employee to report for work by giving written notice to the employee.
(3) Failure to return. An employee who fails to return to work within three (3) working days of the completion of, or the valid cancellation of a leave of absence without pay, may be removed from his or her position in accordance with the Ohio Revised Code if a classified employee, or at the discretion of the Mayor if an unclassified employee, or Council, if an employee of Council, including the Clerk of Council. An employee who timely fails to return from a leave of absence without pay and is subsequently removed from his or her position is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.
(4) Return to service. Upon completion of a leave of absence without pay, the employee shall be returned to the same or similar position with the employee's former classification. If the employee's former classification no longer exists, the employee shall, with the approval of the Mayor, or the President of Council with the approval of Council as to employees of Council, including the Clerk of Council, be assigned to a position in a classification similar to that formerly occupied. The employee may be returned to active pay status prior to the original scheduled expiration of the leave if such earlier return is agreed to by both the employee and the Mayor or the President of Council.
(5) Civil service examinations. A provisional employee who is on leave of absence without pay is responsible for obtaining information about and participation in any test for the employee's classification during such leave and may be replaced from an eligibility list.
(6) Service credit. Authorized leaves of absence, without pay, shall not count as service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave.
(7) Reporting leaves. The Mayor shall report to the Civil Service Commission the name of the classified employee who is on any leave of absence without pay which extends for one (1) pay period or longer and the subsequent return from such leave. Any leave of absence without pay shall be reported for an employee serving a probationary period.
(8) Probationary period of an employee on a leave of absence without pay. The period during which an employee is on a leave of absence without pay shall not be counted towards an employee's original or promotional probationary period.
(9) An employee on a leave of absence without pay shall not be entitled to earn credits toward sick time, vacation time and/or holidays.
(b) Pregnancy, Childbirth and Related Medical Conditions and Disabling Illness, Injury or Condition Not Covered by the Workers' Compensation Laws of the State of Ohio. Upon written request to the Mayor by an administrative employee or upon written request to the President of Council by an employee of Council including the Clerk of Council, a pregnant employee or a disabled employee with an illness, injury or condition not governed by the Workers' Compensation Laws of the State of Ohio shall be granted a leave of absence without pay subject to the following provisions:
(1) Length of leave. Leaves of absence shall be limited to the period of time that the pregnant or disabled employee is unable to perform the substantial and material duties of the employee's position but not to exceed six (6) months. This period may include predelivery, delivery and recovery time for the pregnant employee and recovery time for the disabled employee, as certified by a physician, which shall not in any case exceed six (6) months.
(2) Physicians certificate. A pregnant or disabled employee requesting a leave of absence without pay must present, at the time the request is made, a certificate stating that the probable period for which the employee will be unable to perform the substantial and material duties of the employee's position due to pregnancy, childbirth and related medical conditions or due to such disabling illness, injury or condition.
(3) Sick leave usage. Upon request, a pregnant or disabled employee shall be permitted to use any or all of the employee's accumulated sick leave credit for the period of time that the employee is unable to work as a result of pregnancy, childbirth or related medical conditions or as a result of such disabling illness, injury or condition.
(4) Vacation leave usage. Upon request, a pregnant or disabled employee shall be permitted to use any and all of the employees accumulated vacation leave at any reasonable time prior to or following childbirth or for the recovery time of the disabled employee.
(5) All of the terms, conditions and provisions of subsections (a)(2) through (a)(9) hereof shall apply to a pregnant or disabled employee in the classified service and all of the terms, conditions and provisions of such subsection (a) except subsections (a)(5) and (a)(7) hereof shall apply to a pregnant or disabled employee in the unclassified service.
(c) Medical Coverage. If requested by the employee, in writing, before the leave of absence is started, the City shall continue in effect any medical coverage for an employee during the period of a leave of absence permitted hereunder. However, an employee on a personal leave of absence shall reimburse the City for all medical coverage premiums paid for by the City during the leave of absence period permitted hereunder. An employee who is on a leave of absence as a result of a job related injury or illness and who is receiving Workers' Compensation temporary total disability benefits shall continue to receive medical coverage for a period not to exceed six (6) months.
(Ord. 89-10. Passed 6-17-91.)