169.22 LEAVES OF ABSENCE.

(3) Unapproved absence. An Unapproved Absence, which is subject to disciplinary action, up to and including termination, is defined as all other absences not listed above in Section 169.22(a)(2).

Examples of unapproved absences:

A. Tardiness and leaving prior to the end of the employee's scheduled work day;

B. Unapproved sick leave; or

C. Periods of absence in excess of approved vacation leave.

(4) Excused absence. An Excused Absence occurs when all four of the following conditions are met:

A. The employee provides sufficient notice to his or her supervisor;

B. The reason is found credible or acceptable by his or her supervisor;

C. Such absence request is approved by his or her supervisor; and

D. The employee has sufficient accrued leave time to cover such absence. Employees must take earned leave time for every absence unless otherwise allowed by Chapter 169 of these County Ordinances (e.g. Leave of Absence, Precinct Election Official, Court Leave, Family and Medical Leave Act, etc.).

If it is necessary for an employee to be absent or late for work because of illness or an emergency, the employee must notify their supervisor no later than thirty (30) minutes prior to the employee's scheduled starting time on that same day. Only when valid reasons make prompt calling impossible should employees have to call beyond the start of the work schedule.

(5) Unexcused absence. An Unexcused Absence occurs when one of the four conditions of an Excused Absence is not met.

(6) Excessive absences. The County uses a twelve (12)-month period, the period immediately preceding the last absence, when determining an excessive amount of Excused and/or Unexcused Absences. Excessive absences may result in disciplinary action up to and including termination.

(b) Application for a Leave of Absence. All employees requesting a leave of absence shall be required to submit such request as set forth for each type of leave of absence.

(1) Crediting sick leave. All regular full-time employees, as defined in Section 169.05(1), shall be entitled to and credited with four and six-tenths (4.6) hours paid sick leave for each completed eighty (80) hours of service, and shall be permitted to accumulate this leave without limit. No additional sick leave accumulation shall be credited to an employee who works in excess of eighty (80) hours in any pay period. All regular part-time employees shall receive credit, prorated based on hours worked.

Sick Leave accumulation shall be calculated based on an employee's paid hours. Employees are expected to work or use accumulated paid leave for forty (40) hours per week. Any employee who does not meet the forty (40) hour threshold shall have their sick leave prorated based on the hours actually worked and/or paid leave used.

(2) Charging sick leave. When sick leave is used, it shall be deducted from an employee's credit, or charged for each time increment the employee is absent from previously scheduled work. Sick leave payment shall not exceed the normal scheduled work day or work week earnings. Sick leave can be used in minimum increments of one quarter (¼) hour.

(3) Uses of sick leave. Sick leave shall be granted to an employee only by approval of the appointing authority and for the following reasons:

A. Illness or injury of the employee or a member of the employee's immediate family.

B. Death of a member of an employee's immediate family. Sick leave usage for this purpose is limited to five (5) working days per occurrence.

C. Medical, dental or optical examinations or treatments of an employee or a member of an employee's immediate family; or

D. If an employee is afflicted with a contagious disease or a member of an employee's immediate family is afflicted with a contagious disease and requires the care of the employee, as certified by a licensed medical doctor, or when through exposure to a contagious disease the presence of the employee at work would jeopardize the health of other employees.

(4) Immediate family. "Immediate family" is defined separately for purposes of sick leave and bereavement leave.

A. Sick Leave. "Immediate family" for purposes of sick leave set forth in Section 169.22(c)(3)A. C. and D. includes:

1. Spouse

2. Domestic Partner

3. Child (Step)

4. Father (Step)

5. Mother (Step)

6. Brother (Step)

7. Sister (Step)

8. Grandparent

9. Grandchild

10. Uncle (Father or Mother’s brother or husband of an Aunt/Uncle)

11. Aunt ((Father or Mother’s sister or wife of an Uncle/Aunt)

12. An individual over whom an employee has a power of attorney.

13. Covered service member as defined under FMLA Military Leave.

14. A legal guardian or an individual over whom an employee has a legal guardianship.

B. Bereavement Leave. "Immediate family" for purposes of bereavement leave set forth in Section 169.22(c)(3) includes:

1. Spouse

2. Domestic Partner

3. Child (Step)

4. Father (Step)

5. Mother (Step)

6. Grandparent

7. Grandchild

8. Sister (Step/Half)

9. Brother (Step/Half)

10. Aunt

11. Uncle

12. Niece

13. Nephew

14. Cousin

15. Any of the above mentioned individuals with relations to your spouse or your domestic partner.

16. An individual over whom an employee has a power of attorney.

17. Covered service member as defined under FMLA Military Leave.

18. A legal guardian or an individual over whom an employee has a legal guardianship.

C. Proof of guardianship, power of attorney, and/or military service must be provided to the employer when leave is requested.

(5) Notification by employee. When an employee anticipates being absent from work, the employee shall notify the appointing authority of the expected absence according to the procedures established by the appointing authority. If an employee has a prolonged illness or other reason for extended sick leave such as death or illness of the employee's immediate family, the appointing authority shall be made aware of this situation and the employee shall not be required to notify the appointing authority on a daily basis of such leave. If such notification is not made, the employee's absence may be deemed unapproved and the employee subject to discipline, up to and including, termination and/or the employee's sick leave may be denied.

(6) Evidence required for sick leave usage. The employee shall complete, sign and return the required application for leave form. If absence due to illness is three (3) consecutive working days, the employee shall be required to furnish a certificate from a licensed medical doctor stating that the employee was under said licensed medical doctor's care.

During prolonged periods of illness, the employee or the employee's family may be required to submit every pay period, a written signed statement to justify payment of sick leave. At the conclusion of prolonged periods of sick leave, the employee shall submit a certificate from a licensed medical doctor stating the employee is able to perform the essential functions of the employee's position.

A. The appointing authority may require a "fitness for duty" examination by a licensed medical doctor selected by the HRD before an employee returns to work from a prolonged illness. If such examination is ordered, the County of Summit will pay the cost of said examination.

B. Sick leave may be denied or revoked for the following reasons:

1. Continual requests for sick leave not evidenced by a bona fide licensed medical doctor's certificate;

2. Abuse or patterned usage of sick leave; and/or

3. Failure to provide subsequent licensed medical doctor's certifications for an approved sick leave for medical treatment.

C. The appointing authority may investigate to determine if an application for sick leave is for a bona fide illness. Requests may be denied or approved depending on results of such investigation.

(7) Overpayment. If an employee fails to submit a licensed medical doctor's certificate or a written, signed statement verifying illness, or if an application for sick leave is denied and as a result the employee has been overpaid, the employee will be responsible for the repayment of the overpayment.

(8) Abuse of sick leave. Any employee failing to comply with sick leave rules and regulations shall not be entitled to sick leave pay. Application for sick leave with intent to defraud may result in disciplinary action, up to and including termination.

(9) Transfer of accumulated sick leave from prior public employer. An employee, who has separated from another public employer and becomes employed with the County of Summit, shall be credited with the unused balance of accumulated sick leave up to the maximum of sick leave accumulation permitted by the County of Summit, provided that the employee has separated from the prior employment within the last ten (10) years.

(10) Sick leave conversion at retirement/death. Employees at the time of retirement from active service with the County or death shall be paid one- half (½) of the value of their accrued but unused sick leave credit; however, the maximum of such payment shall not exceed ninety (90) days. A retiring employee shall submit documentation from the Ohio Public Employee Retirement System ("OPERS") showing the retirement date of the employee with a request for payment. Legal beneficiaries of a deceased employee shall submit a death certificate with a request for payment.

To qualify for such payment, employees shall have had, prior to the date of retirement or death, ten (10) or more years of service with the County, the State or any of its political subdivisions and meet all requirement criteria as established by OPERS. Such payment shall be based on the employee's rate of pay at the time of retirement or death, and shall eliminate all sick leave credit accrued by the employee.

(d) Leave Donation Program.

(1) Purpose. The purpose of the leave donation program is to allow County of Summit employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to an extraordinary or severe illness or injury of the employee or the employee's spouse, Domestic Partner, child or parent. Spouse, child or parent shall be defined for the purposes of this Section as such terms are defined under the FMLA and Domestic Partner shall be defined for the purposes of this section as such term is defined in Section 169.02(m).

(2) Employees eligible to donate leave. County of Summit employees paid by warrant of the Fiscal Officer, except employees of judicial offices, General Health District, Board of Elections, Alcohol, Drug Addiction and Mental Health Services Board, Board of Developmental Disabilities, Children Services Board, Metro Parks Serving Summit County, Development Finance Authority, or Veteran Services Commission, may donate accumulated sick leave to another employee who is also paid by warrant of the Fiscal Officer and (1) may donate accumulated sick leave pursuant to this section, (2) who is otherwise eligible to accrue and use sick leave, and (3) is eligible to receive donated leave.

A. Eligibility to receive donated leave. An employee may receive donated leave upon submission of a written request, supported by proper documentation, to the Commission, or depending on the circumstances, from an immediate family member or other person acceptable to the Commission. Following receipt of the request for leave donation by the Commission, an employee may receive donated sick leave up to the number of hours the employee is scheduled to work each pay period if the employee who is to receive the donated leave meets all of the following conditions:

1. The employee has a critical need for the donated leave due to an extraordinary or severe illness or injury of the employee or the employee's spouse, Domestic Partner, child or parent, and such extraordinary or severe illness or injury is demonstrated with documentation certified by a licensed medical doctor;

2. The employee has no accrued paid leave or voluntary or mandatory furloughs;

3. The employee has applied for and exhausted any other paid leave, Worker's Compensation or benefits program for which the employee is eligible; and

4. The employee is not paid from a restricted fund, where legal restrictions would prevent an employee from receiving donated leave pursuant to the leave donation program.

B. 1. Extraordinary or severe illness or injury. For the purposes of the Leave Donation Program, the following conditions/situations qualify as an extraordinary or severe illness, or injury;

(A) In-patient care in a hospital or residential care facility for ten (10) or more days, or

(B) In-patient care in a hospital or residential medical facility with a prolonged recovery period, or

(D) In-patient care in hospice, or

(E) Out-patient surgery with a prolonged recovery period, or

(F) Ongoing outpatient care for a life threatening condition such as cancer.

For the purpose of this Section, a prolonged recovery period means that it is medically necessary for the employee to be off work for a period of at least ten (10) working days.

2. Use of donated leave. Donated leave may be used for funeral leave due to the death of an employee's Spouse, Domestic Partner, child or parent. Such leave is limited to a total of five (5) days, and the employee must meet all other eligibility requirements.

(3) Eligibility to donate leave. An employee may donate sick leave if the donating employee meets all of the following conditions:

A. The employee voluntarily elects to donate sick leave and does so with the understanding that donated leave will not be returned;

B. The employee donates a minimum number of eight (8) hours of sick leave; and

C. The employee retains a sick leave balance of at least eighty (80) hours.

(4) Status of employees on donated leave. Employees using donated sick leave shall be considered in Active Pay Status and shall accrue leave and shall be entitled to all benefits that they are normally entitled to receive. An employee must use all accrued sick leave and donated sick leave before additional donated sick leave may be received. Donated sick leave time shall not be counted toward the probationary period of an employee receiving the donated leave during their probationary period. Donated sick leave shall not be converted to cash as provided in Section 169.22(c)(10).

(5) Collective bargaining agreements. Members of a bargaining unit may donate or receive accumulated sick leave pursuant to this Leave Donation Program unless a collective bargaining agreement takes precedence.

(6) Transfer of leave.

A. The donated leave shall transfer in hours and shall not necessitate any transfer of funds. The hours shall be transferred on an hour- for-hour basis without regard for differences in hourly rate of pay. The donated leave shall be paid by the receiving employee's department at the employee's base rate of pay.

B. Maximum amount of leave an employee may donate or receive through the Leave Donation Program:

1. Donation. An employee may donate no more than 480 hours of his or her accumulated leave in each calendar year.

2. Receipt. An employee, who otherwise qualifies to receive donated leave pursuant to this Section, may receive no more than two-thousand eighty (2,080) hours of donated leave per qualifying condition. Once an employee has exhausted all donated leave, the employee is not eligible to receive additional donated leave for the same qualifying condition after the employee has been off work for an entire pay period with no paid leave.

(7) Use of Leave. Donated sick leave may be used intermittently only for documented treatment or follow-up care related to the original condition.

(8) Administration. The Commission shall administer the leave donation program in accordance with the procedure adopted by the Commission.

(e) Personal Leave. Each calendar year, all employees may elect to use up to three (3) days of accumulated sick leave as personal leave to cover any short-term absence of a personal nature. Personal days must be scheduled and pre-approved by the employee's supervisor and can be used in increments of one quarter (¼) hour. Unused personal leave shall revert back to accumulated sick leave; cannot be converted to a cash payment; and, does not carry-over to the following calendar year.

(f) Precinct Election Official Leave. An employee who is granted leave by their appointing authority to serve as a precinct election official on the day of a primary or general election, for a board of elections outside of Summit County, shall be entitled to leave with pay, which shall not be charged against the employee's accrued vacation or personal leave. An employee shall only be eligible if they have combined accrued vacation and sick leave of at least forty (40) hours. An employee requesting leave to serve as a precinct election official for a board of elections outside of Summit County, shall complete an application for leave and submit such with an acknowledgement from the Board of Elections that the employee will be serving as a precinct election official. Requests to serve as a precinct election official may be granted at the discretion of the appointing authority based on seniority in a department, division or section. When multiple requests for leave have been submitted, the appointing authority shall have the discretion to deny leave when it would cause a manifest hardship on the appointing authority's operations, or on another employee, or when the employee making the request has not discussed the request with their immediate supervisor, or director or administrator if the supervisor is absent.

(g) Court Leave.

(1) Personal. When it is necessary for an employee to appear in court or attend a hearing that is of a personal nature during the employee's regular scheduled hours of work, vacation or personal leave may be used. Such instances would include, but are not limited to, criminal or civil cases, traffic court, divorce proceedings, custody, or appearing as directed as parent or guardian of juveniles.

(2) Non-personal. The appointing authority shall grant court leave with full pay to an employee who:

A. Is summoned for jury duty by a court of competent jurisdiction; or

B. Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to require the attendance of witnesses, where the employee is not a party to the action.

(3) Partial day. An employee released from jury duty or subpoena prior to the end of the scheduled work day, shall report to work for the remaining hours, unless otherwise specified by the appointing authority.

(h) Military Leave – Reservist.

(1) Length. All regular employees who are reserve members of the Ohio National Guard, defense corps, naval militia, or members of other reserve components of the armed forces of the United States, are entitled to military leave of absence from their County duties without loss of pay, for such time as they are in the military service on field training, active duty or emergency leave when so ordered by the Governor of the State of Ohio, for a period not to exceed twenty-two (22) eight-hour work days or one hundred seventy-six (176) hours for each calendar year. The County of Summit may, by resolution, extend the leave without loss of pay.

(2) Compensation. Except as otherwise provided in subsection (h)(3) of this Section, any regular employee who is entitled to the leave provided under subsection (h)(1) of this Section, and who is called or ordered to the uniformed services, as defined in Section 5923.05 of the Ohio Revised Code, for longer than a month, for each calendar year in which the employee performed service in the uniformed services as amended, because of an executive order issued by the president of the United States, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to section 5919.29 of the Ohio Revised Code is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each monthly pay period of that leave of absence, the lesser of the following:

A. The difference between the regular employee's gross monthly wage or salary as a regular employee and the sum of the regular employee's gross uniformed pay and allowances received that month;

B. Five hundred dollars.

(3) Limitation on compensation. No regular employee shall receive payments under Section (h)(2) if the sum of the employee's gross uniformed pay and allowances received in a pay period exceeds the employee's gross wage or salary as a regular employee for that period or if the regular employee is receiving pay under Section (h)(1).

(4) Request for leave. Employees are required to submit to their appointing authority and/or supervisor a published order authorizing the call or order to the uniformed services or statement from the appropriate military commander as evidence of military duty before military leave shall be granted. This evidence shall accompany the standard County leave request form.

(5) Health insurance. Employees, and their eligible dependents, will continue to be covered during an approved leave by the County of Summit's health insurance, if the employee, and the employee's eligible dependents, were covered while employed, or, in the case of a dependent become eligible during the leave as a result of a qualifying event, for a period of up to twenty-four (24) months.

(6) Accrual of leave time. Employees on approved leave of absence for reserve military service for field training or active duty shall continue to accrue vacation and sick leave at their current rates for a period not to exceed twenty-two (22) eight-hour work days or one hundred seventy-six (176) hours within each calendar year. If leave is extended beyond one month, the employee will no longer accrue vacation and sick leave.

(7) Collective bargaining agreement. Any regular employee whose employment is governed by a collective bargaining agreement with provision for the performance of service in the uniformed services shall abide by the terms of that collective bargaining agreement with respect to the performance of that service, except that no collective bargaining agreement may afford fewer rights and benefits than are conferred under this section.

(i) Military Leave - Full-time Active Duty.

(1) Eligibility. All full-time employees, as defined in Section 169.05(1), who have held a position for at least ninety (90) days shall be granted a military leave of absence without pay to be inducted or otherwise enter full-time military duty and shall be considered as a separation from County service with reinstatement rights.

(2) Reinstatement. The terms and conditions of reinstatement are governed by the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333, 5 U.S.C. 8432, as amended, and any other applicable Federal and State of Ohio law, as amended.

(3) Health insurance. Employees, and their eligible dependents, will continue to be covered during an approved leave by the County of Summit's health insurance, if the employee, and the employee's eligible dependents, were covered while employed or, in the case of a dependent become eligible during the leave as a result of a qualifying event, for a period of up to twenty-four (24) months.

(j) Family Medical Act Leave.

(1) Policy. It is the policy of the County of Summit to comply with the Family Medical Leave Act (5 U.S.C. §§ 6381-6387, 26 U.S.C. §§ 2601, 2611-2619, 2631-2636, 2651-2654, as amended) ("FMLA"). In the event of any conflict between this Ordinance and the applicable law, employees will be afforded all rights required by law. This Ordinance is intended to be a summary of the rights and obligations of the employee and the County contained in the FMLA regulations. In any particular case, the precise rights and obligations of the employee and the County shall be governed by FMLA regulations themselves.

(2) Eligibility. To be eligible for benefits under the FMLA, an employee shall:

A. Have been employed by the County of Summit for at least twelve (12) months;

B. Have worked at least 1,250 hours over the previous twelve (12) months period immediately preceding the date when the requested leave would begin;

C. Submit the request to the appointing authority on the appropriate form at least thirty (30) days prior to the requested time off for foreseeable leave or as much notice as is practicable under the circumstances for unforeseeable leave; and

D. Submit the completed necessary certification forms to verify the need for leave.

(3) Calculation of the twelve weeks. An employee is entitled to twelve (12) weeks of FMLA leave within a twelve (12) month period during the year beginning on the first date FMLA leave is taken; the next twelve (12) month period would begin the first time FMLA leave is taken after the completion of any previous twelve (12) month period.

(4) Reasons for leave. An eligible employee shall be entitled to FMLA leave for one or more of the following reasons:

A. Birth of the employee's child and care of the infant.

B. Placement of a child with the employee and/or Domestic Partner for adoption or foster care. Leave taken for the purposes described in subsections (j)(4)A. and B. of this section must be taken within twelve (12) months of the birth or placement of the child. Intermittent leave after the birth or placement of a child may only be taken upon approval of the appointing authority.

C. To care for a spouse, Domestic Partner, child or parent only with a serious health condition; or

D. The employee's own serious health condition which makes the employee unable to perform the essential functions of his or her position.

E. A qualifying exigency related to an employee's spouse, Domestic Partner, child or parent's call to active duty as a service member in the Armed Forces.

F. To care for a covered service member with a serious injury or illness incurred in the line of duty. Under this provision, the employee is entitled to up to twenty-six (26) weeks of leave during a single twelve (12) month period.

(5) Health benefits. Employees granted FMLA leave shall continue to receive group health insurance coverage for the duration of the leave as long as the employee continues to make the employee's contribution to the plan. However, those persons who fail to return to work, for reasons other than a continued serious health condition, shall be required to reimburse the County for the cost to the County of the insurance premiums paid for the employee's health insurance coverage during the leave period.

(6) Reinstatement. Upon return from FMLA leave, the employee shall return to the employee's original or equivalent position with equivalent status, pay, benefits and other employment terms and conditions.

(7) Use of paid time off. FMLA leave shall run concurrently with any leave. If an employee has accrued leave, that time shall be counted as part of the twelve (12) weeks of FMLA leave. Employees are required to use all accumulated leave while the employee is on FMLA leave. Employees on FMLA leave shall be required to use paid leave in the following order: mandatory furlough, sick leave, compensatory leave, birthday, vacation, voluntary furlough.

(8) Worker's Compensation Leave. FMLA leave shall run concurrently with worker's compensation leave unless an employee's collective bargaining agreement specifically states otherwise.

(9) Spouses or domestic partners employed by the County. Spouses or domestic partners employed by the County who are eligible for FMLA are entitled only to a combined total of their FMLA leave for the birth of a child, adoption or placement of a child in foster care, to care for a parent with a serious health condition or to care for a covered service member.

(10) Fraudulently obtaining or using FMLA leave is prohibited. Any employee found to be in violation of this section shall be subject to discipline up to and including termination.

(11) Administration of FMLA leave. FMLA leave shall be administered by the Commission in accordance with the procedure adopted by the Commission.

(k) Unpaid Leave of Absence.

(1) An appointing authority can grant an unpaid leave of absence to any employee for a maximum duration of six (6) months for any personal reasons of the employee. Such a leave may not be renewed or extended beyond six months. When an employee requests a leave of absence, the appointing authority must ensure that such leave does not fall within existing leave policies and does not cause a hardship to the operations of the County.

(2) Leave may be granted for a maximum period of two (2) years for purposes of education, training, or specialized experience which would be of benefit to County service by improved performance at any level; or for voluntary service in any governmentally-sponsored program of public betterment.

(3) Except for emergencies, employees must submit all leave of absence requests in writing and no later than sixty (60) days prior to the commencement of the desired leave.

(4) The authorization of a leave of absence without pay is a matter of administrative discretion. The appointing authority will decide in each individual case if a leave of absence is to be granted.

(5) Upon completion of a leave of absence, the employee will be returned to the same or similar classification held prior to the leave of absence.

(6) The employee must give at least two (2) weeks' notice of his/her intention to return to work. If an employee fails to return to work or notify his/her supervisor in writing of his/her intentions within three (3) consecutive working days after the date the employee-requested leave expires or the employer-initiated leave is discontinued, he/she will be considered absent without official leave and subject to termination.

(7) An employee may return to work before the scheduled expiration of leave if requested by the employee and agreed to by his or her appointing authority.

(8) Individuals who are hired on a temporary basis to fill a position vacated by an employee who has been granted a leave of absence, shall be notified in writing that the position reverts to the previous incumbent upon his/her return from leave. Copy of such notification shall be made a part of the employee's file.

(l) Administrative Leave. Administrative leave is a leave of absence (paid or unpaid) initiated to manage special circumstances where it is in the County's best interest to retain the employee relationship for a period of time to be determined by the County.

(1) Administrative leaves may be initiated by the County, pending the outcome of a pre-disciplinary conference and/or possibly disciplinary action, for special circumstances that may be, but are not limited to:

A. Necessity to remove an employee from the work place while an internal investigation/review ensues;

B. Emergency conditions where no other administrative option exists;

C. Best Interest of the County - The County, upon the review of the appointing authority, the HRD may place an employee on administrative leave when the employee's presence in the workplace may result in damage to property, or injury to the employee or others, or would seriously impair the operations of the County, its morale and/or delivery of services, or it has been determined that it is in the best interest of the County to do so. All disciplinary procedures may be circumvented in these situations to protect County personnel and citizens.

(2) The decision of whether an administrative leave initiated by the County shall be paid or unpaid rests with the appointing authority and depends on the circumstances surrounding the request. An employee shall retain benefits while on an Administrative Leave. In the event the employee's pay is not sufficient to cover the employee's portion of the premium cost, the employee must make direct payment to the County for their portion of the premium cost within thirty (30) calendar days.

(3) Administrative leave approval shall be at the appointing authority's discretion; and in collaboration with the Director of the HRD or designee.

(4) Administrative leave is not accrued.

(5) Administrative leaves do not qualify for the County leave donation program.

(6) An employee may be separated, if during the administrative leave, he/she accepts other employment without prior approval of the County, or files for unemployment compensation, or if, upon return from leave, he/she refuses a classification reassignment from the County.

(7) An administrative leave for investigative/review purposes shall not be given for a predetermined length of time, but shall be in effect long enough to conclude the investigation/review.

(8) Employees placed on administrative leave shall return all County property on or before the last work day, or when commencing administrative leave.

(9) Except when circumstances prevent an appointing authority from providing prior written notice, any appointing authority placing an employee on administrative leave shall first provide prior written notice of such action to the Fiscal Officer. Said notice shall include the name of the employee being placed on administrative leave, whether the leave is paid or unpaid and the effective date the employee will be placed on leave. In the event circumstances prevent the appointing authority from providing prior written notice, the appointing authority shall provide the notice to the Fiscal Officer as soon as practical, and, in addition to the information listed above, shall further state in the notice the circumstance preventing the transmission of the notice prior to placing the employee on administrative leave. Written notice shall be further provided by the appointing authority to the Fiscal Officer prior to removing an employee from administrative leave. The Fiscal Officer may promulgate a policy or policies to implement the provisions of this subsection that are not inconsistent with this subsection.

(m) County Emergency Leave. In the event that the County Executive declares that a state of emergency exists in the County, such as a pandemic, natural disaster, terrorist act or other emergency condition for which it is necessary to close County offices, employees shall be entitled to leave with pay until such emergency condition has ended and County offices are reopened.

(n) Paid Parental Leave.

(1) Purpose. Under the Family Medical Leave Act (FMLA), employees are entitled to twelve (12) weeks of parental leave for the birth or adoption of a child. However, often times the leave under FMLA is unpaid, which can result in a new parent taking an inadequate amount of leave to care for the newborn or newly adopted child. Paid Parental Leave is intended to provide an opportunity for County of Summit employees to take up to a maximum of six (6) calendar weeks of continuous paid leave to provide necessary parental care immediately following the birth or adoption of a minor child.

(2) Eligibility. To be eligible for benefits under Paid Parental Leave, an employee shall:

A. Have been employed by the County of Summit for at least twelve (12) months;

B. Have worked at least 1,250 hours over the previous twelve (12) months period immediately preceding the date when the requested leave would begin;

C. Be the biological parent of a newly born child or legal guardian of a newly adopted child;

D. Reside in the same residence as the newly born biological child or adopted child;

E. Be required to provide documentation of the date of birth or adoption, as well as documentation of the parentage or adoption of the child;

F. Submit the request to the appointing authority on the appropriate form at least thirty (30) days prior to the requested time off for foreseeable leave or as much notice as is practicable under the circumstances for unforeseeable leave.

G. Any employee who provides false or misleading information on the appropriate form under subsection, F, above, or who fails to submit the appropriate form under subsection F, above, or the documentation under subsection D, above, or who otherwise provides false or misleading information as to subsections, C, or D, above, shall be subject to discipline, up to and including termination.

(3) Duration of Leave. An employee who is eligible for Paid Parental Leave pursuant to subsection (2), above, may take Paid Parental Leave for all hours of work during the six (6) calendar weeks commencing with, and immediately following, the effective date and triggering event, as set forth in subsection (4), below. Under no circumstances shall Paid Parental Leave be taken beyond six (6) calendar weeks from the exact date of birth or placement of a child for adoption. The employee may elect to utilize intermittent Paid Parental Leave, provided, however, that the minimum amount of any portion of intermittent leave shall be one (1) full work day, and, in the event an employee elects to take intermittent Paid Parental Leave, the leave shall not extend beyond six (6) calendar weeks from the exact date of birth or placement of a child for adoption. Additionally, any employee utilizing intermittent Paid Parental Leave must submit the request for leave to the employee's supervisor prior to any work day where the leave will be utilized.

(4) Effective Date and Triggering Event. Eligibility for taking Parental Leave shall begin on the exact date of the birth of an employee's child or on the exact day on which custody is taken by the employee for an adoption placement. If an employee adopts multiple children, the Paid Parental Leave triggering event shall be considered a single qualifying event, and will not serve to increase the length of leave for the employee, so long as the children are adopted within six weeks of each other. If an employee is the parent of more than one child born at the same time, the Paid Parental Leave triggering event shall be considered a single qualifying event and will not serve to increase the length of leave for the employee.

(5) Other Employee Benefits. Employees will remain eligible to receive all employee provided paid benefits and continue to accrue all other forms of paid leave. The employee will receive all forms of paid leave, regardless of the pay status during the period of Parental Leave.

(6) Overtime/Holiday Pay/Outside Employment. Employees are ineligible for overtime pay during the period of time they are receiving Paid Parental Leave, and, in the event of intermittent use of Paid Parental Leave, during any week where Paid Parental Leave is utilized by the employee. An employee shall continue to receive their holiday pay, if they are receiving their full pay during the Paid Parental Leave period, and if they comply with all other policy or contractual provisions to receive holiday pay. Employees are ineligible to hold outside employment during the period of Paid Parental Leave. Any employee found to be holding outside employment during Paid Parental Leave shall be subject to discipline up to and including termination. Any holiday pay received by an employee for any work day during the six (6) week calendar week period of Paid Parental Leave shall constitute the sole pay for the employee for those hours worked and shall not be in addition to the employee's Paid Parental Leave. Additionally, the occurrence of any holiday during the six (6) calendar weeks of Paid Parental Leave shall not extend the time period for Paid Parental Leave.

(7) FMLA/Paid Time Off. Paid Parental Leave shall run concurrently with Family Medical Leave Act (FMLA) Leave, and employees using Paid Parental Leave who meet the eligibility requirements of the FMLA shall have the entire non-working period of Parental Leave counted towards the employee's FMLA entitlement. Upon the exhaustion of the Paid Parental Leave Benefit, Section 169.22(j)(7) will take effect requiring accrued leave time be used. Paid Parental Leave does not supersede or replace an employee's rights under FMLA.

(8) Death of an Unborn or Newborn Child. An employee who would otherwise be eligible for Paid Parental Leave pursuant to subsection (2), above, whose child is stillborn or dies during the third trimester of pregnancy is eligible for three (3) calendar weeks of Paid Parental Leave following the date of death of the unborn or stillborn child. In the event that a newly born or adopted child dies during the period of time that the employee is on Paid Parental Leave, the employee shall be entitled to the full extent of the Paid Parental Leave permitted under subsection (3), above, and the Paid Parental Leave shall not terminate due to the death of the child. All other provisions of Subsection 169.22(n) shall apply to Paid Parental Leave granted pursuant to this subsection (8).

(Ord. 2004-596. Adopted 2-14-05; Ord. 2011-380. Adopted 11-7-11; Ord. 211-507. Adopted 12-2-11; Ord. 2013-133. Adopted 4-15-13; Ord. 2013-400. Adopted 9-16-13; Ord. 2015-269. Adopted 8-31-15; Ord. 2016-376. Adopted 10-17-16; Ord. 2016-464. Adopted 12-12-16; Ord. 2018-236. Adopted 6-18-18; Ord. 2020-059. Adopted 3-16-20; Ord. 2022-236. Adopted 8-15-22.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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