(a) Leaves of Absence Without Pay.
(1) A leave of absence for cause may be granted by the Director for a definite period not to exceed one year, provided that the absence does not disrupt City operations. Such leave shall be without pay or benefits.
(2) Leaves of absence may be granted for physical disability, for study or training of value to public service, for maternity leave or for any other purpose approved by the Director.
(3) A request for a leave of absence shall be presented to the Director in writing at least twenty days prior to the start of the leave, unless the Director consents to a shorter notice.
(b) Military Leave. Employees who are members of the Ohio National Guard, the Ohio Defense Corps, the Ohio Naval Militia or members of other reserve components of armed forces of the United States are entitled to leave of absence from their respective duties for such time as they are in the military service, on field training or active duty for periods not to exceed thirty-one days in any one calendar year.
(c) Failure to Return From Leave of Absence. Failure to return to work on schedule from a leave of absence shall be considered a resignation.
(d) Resignation.
(1) Any employee in the classified service who desires to resign in good standing shall give written notice to the employee's division head at least two weeks prior to the date the employee intends to leave, unless the division head consents to a shorter period. When the division head approves such request, it shall be forwarded to the Director, who shall in turn notify the Commission.
(2) If an employee has been served with a dismissal notice and such notice has been filed with the Commission, and the employee thereupon resigns, the acceptance of the resignation by the Chief or Director, as appropriate, constitutes resignation. If disciplinary charges are pending, they shall be deemed to be withdrawn and the proceedings shall be dismissed without judgment. The resignation shall be effective immediately and the employee may not be reinstated, unless the charges on which the disciplinary proceedings were based later prove to be without factual basis or basis in law. In such event, the Director may reinstate the employee, with the approval of the Commission.
(e) Absence Without Leave.
(1) For the purpose of this section "workday" means the days the employee is regularly scheduled to work. This section does not preclude disciplinary or dismissal action for a shorter period of absence of sufficient seriousness.
(2) Absence from duty without authorized leave for three consecutive workdays shall constitute resignation in bad standing. However, if within three days of the effective date of such resignation the employee submits sufficient evidence explaining that the employee was physically or mentally unable to notify the chief of his division of the reason for his absence, the Director may authorize the nullification of the resignation.
(f) Reinstatement. Any classified employee in the Police or Fire Division who has resigned in good standing may be reinstated to employment, within one year of the effective date of the resignation, with the written approval of the Director. Any person reinstated under the authority of this division shall not receive credit for service prior to resignation in determining seniority or longevity and may only be reinstated to the entry level position. The decision of the Director shall not be subject to appeal.
(g) Other Leave. Nothing contained herein shall preclude the establishment of vacation, sick leave, holidays, compensatory time or similar leave practices.
(1984 Code Sec. 35.37)