§ 34.132 LEAVE OF ABSENCE.
   (A)   Leave with pay.
      (1)   Leave with pay may be authorized in order that regular employees or temporary, hourly-paid employees may serve required jury duty, provided the leave is reported in advance to the Personnel Director. In order to receive pay for the leave, the employee must deposit the money which he receives for jury duty with the Personnel Director to be forwarded to the City Treasurer.
      (2)   Leave with pay not to exceed three working days in any calendar year may be authorized in case of death within the employee's immediate family or of an employee's grandparent. In the event the death in the employee's immediate family requires an out-of-town trip, the City Manager may authorize up to an additional three days leave which shall be counted against the employee's accrued sick leave credits.
      (3)   Leave with pay not to exceed one working day shall be granted to an employee in order to take a selective service physical examination ordered by his draft board.
('58 Code, § 11.95.5)
      (4)   Officers and employees' leave of absence for reserve or guard training. Leave with pay shall be granted pursuant to the requirements of Fla. Stat. Ch. 115, as currently enacted or as may be amended from time to time.
      (5)   Active military service. City officials and employees who are members of the United States military reserve or Florida National Guard and who are ordered to report for active military service, as defined in F.S. § 115.08(2), in accordance with the provisions of F.S. §§ 115.01, 115.09 and 115.14, shall receive their full salary for the first 30 days of such service, and retroactive to August 1, 1990, shall thereafter receive pay in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military service, during the period of such service. (The provisions of this section shall not apply in the event a city official or employee voluntarily remains in active military service after being released from the original order.) The city shall continue to provide insurance benefits to such eligible officials, employees and their dependents.
   (B)   Leave without pay. A regular employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the city. Such leave shall require the prior approval of the department head, the Personnel Director, and the City Manager. A department head, with the approval of the Personnel Director, may grant a regular employee leave without pay for a period not in excess of 15 calendar days in any one calendar year.
      (1)   Except under unusual circumstances, voluntary separation from the city service in order to accept employment not in the city service shall be considered as insufficient reason for approval of a request for leave of absence without pay.
      (2)   If for any reason leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. An employee who is granted a leave of absence without pay may remain under the city's pension and hospitalization plans. However, in order to remain in the plans, the employee must pay both his own share and the city's share of the cost of his membership in the hospitalization plan. Arrangements for the continuance in the pension plan shall be made directly with the secretary of the Pension Board of the plan of which the employee is a member. An employee will not accrue sick leave or vacation credit while on leave of absence without pay.
      (3)   The city will provide qualified employees with up to 12 weeks of unpaid family and medical leave during any 12-month period. The leave will be available as the result of the birth, adoption or placement of a child for foster care, to care for a spouse, child or parent with a serious health condition or due to the disabling illness of the employee as defined under the federal Family and Medical Leave Act.
         (a)   To be eligible for leave, an employee must have satisfactorily completed the 12-month probationary period and have worked at least 1,250 hours during the previous 12-months period.
         (b)   Notwithstanding division (B) above, an employee who is granted a leave of absence without pay pursuant to this section shall remain under the city's hospitalization plan under the same conditions which existed during the employee's regular paid work status. If the employee fails to return to work at the end of the leave of absence for reasons other than the continuing serious health condition of the employee, spouse, child or parent, the city must be reimbursed by the employee for the premiums paid by the city during the period of leave without pay.
         (c)   If leave is being requested for a serious health condition, disabling illness, or pregnancy of the employee, the employee must utilize and deplete all accrued sick leave prior to commencing leave of absence without pay.
         (d)   The City Manager may approve periods of leave of absence without pay in excess of 12 weeks for good and sufficient reason which are considered to be in the best interests of the city in his sole and exclusive direction.
('58 Code, § 11.95.6) (Ord. 69-85, passed 9-9-69; Am. Ord. 77-7, passed 11-23-76; Am. Ord. 88-02, passed 10-13-87; Am. Ord. 91-39, passed 3-19-91; Am. Ord. 93-70, passed 9-14-93; Am. Ord. 2000-40, passed 2-8-00)