133.11 TRANSFERS, LEAVES OF ABSENCE AND RESIGNATIONS.
(a) Transfers. Except for sworn officers of the Police and Fire Divisions, the Director of Administration may transfer any employee from the position held to a like position in the same or another division. In addition, any employee may request transfer to a like position in another division, conditional upon the approval of the Director and the head of the division to which the employee wishes to be transferred .
(b) Leaves of Absence. A leave of absence without pay 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 leaves shall be without pay or benefits, except as authorized by the Director.
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.
A request for 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.
Holiday pay, sick leave, hospitalization, vacation, seniority and other benefits shall not accrue during leave of absence.
Failure to return to work on schedule from a leave of absence shall be considered a resignation.
(c) Resignation. Any employee in the classified service who desires to resign in good standing shall give a 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. Then the division head approves such request, it shall be forwarded to the Director, who shall in turn notify the Civil Service Commission.
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 constitutes resignation in bad standing. The charges pending shall be deemed withdrawn and the proceeding shall be dismissed without judgment. The resignation shall be effective immediately and the employee may not be reinstated.
(d) Reinstatement. At the discretion of the City, any employee in the classified service who has resigned in good standing may, within one year of the effective date of such resignation, request from the Director in writing reinstatement to the position from which the employee resigned. Upon approval of the Director, the employee's former division head and the Commission, if a vacancy exists, the employee may be reinstated to the classification from which the employee resigned. If no vacancy exists, the name of the employee may be placed at the top of the eligible list for the classification from which the employee resigned. If no eligible list exists, such persons named shall constitute an eligible list. However, where such eligible list includes the names of laid off employees, the laid off employees shall take priority over employees who have requested reinstatement. In the uniformed ranks of the Police and Fire Divisions, reinstatement shall be to the position of patrolman or firefighter, regardless of the former position held.
(e) Absence Without Leave. Absence from duty without authorized leave for three consecutive work days 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 Director or his supervisor, the Director may authorize reinstatement. For this subsection (e), "work day" means the days the employee is regularly scheduled to work.
This section does not preclude discipline or dismissal action for a shorter period of absence of sufficient seriousness.
(Ord. 2017-26. Passed 9-18-17.)