(A) (1) An unpaid leave of absence may be granted to town employees should a need arise for extended time off work for the following reasons:
(a) Extended educational or training needs; or
(b) Other reasons deemed necessary by the Council or in the case of members of the Police Department, by the Board of Police Commissioners.
(2) This section does not apply to any leave of absence that qualifies as family medical leave as set forth in § 37.072 of this chapter.
(B) Only full-time employees with at least one year of continuous full-time service with the town are entitled to an unpaid leave of absence.
(C) Written notification of requested leave must be made by the requesting employee to the employee's ultimate supervisor, either the Town Manager, Clerk- Treasurer, or Police Chief, at least 45 days prior to the requested leave, where possible, stating:
(1) The reason for the leave; and
(2) The anticipated duration, with beginning and ending dates.
(D) The appropriate ultimate supervisor (Town Manager, Clerk-Treasurer, or Police Chief) will make a recommendation regarding the requested unpaid leave to the Town Council or the Board of Police Commissioners (The Manager and Clerk-Treasurer: Town Council; Police Chief: Board of Police Commissioners) within ten days. The employee will be notified by his or her ultimate supervisor of the decision made by the Town Council or the Board of Police Commissioners before the date for the start of the requested unpaid leave.
(E) Maximum leave of absence without pay shall not exceed six months.
(F) The employee will not be eligible for any pay during the leave. An employee will not accumulate any sick days during the unpaid leave. The employee will not be paid for any holidays which fall during the unpaid leave. During any unpaid leave, the employee will be considered to be an employee in continuous service with the town. Health and life insurance benefits will continue to be paid by the town for the first 90 days of the unpaid leave, thereafter such benefits will continue only at the expense of the employee.
(G) Upon an employee's return to work after an unpaid leave, his or her return to the same job level, job, or salary level cannot be guaranteed, but the town will attempt to reinstate the employee to a position at or near the one vacated for the leave, to the extent possible.
(H) An employee may make a written request, at least 30 days prior to the ending date of an approved unpaid leave, to the Council or Board of Police Commissioners, as may be appropriate, for an extension of the unpaid leave of absence. The written request will contain the same information which was required in the written notification made by the employee to obtain the original unpaid leave (see division (C) of this section). Notification of the grant or denial of the requested extension shall be given to the employee before the ending date of the previously approved unpaid leave. The extension cannot extend beyond the six-month maximum for an unpaid leave of absence.
(I) Employees failing to report on the ending date specified for the unpaid leave shall be terminated unless an extension is granted prior to the ending date of the approved unpaid leave.
('80 Code, § 2.02.030 E.) (Am. Ord. 1993-27, passed 11-8-93)