Leave of Absence Without Pay Section 1 Leaves of absence without pay may be granted only when the employee has exhausted all applicable paid leave at the sole discretion of the Port Director or his/her designee. Leave of absence without pay shall be granted only when it will not adversely affect the interests of, or the efficient operations of the County and the Department of Port Everglades. The term of the leave of absence shall be in writing and the leave will not be for more than three (3) months. However, a leave may be approved by the Director of Human Resources in accordance with the Family and Medical Leave Act for a period not to exceed four (4) months. Leave of absence without pay exceeding the periods described above may be granted with the approval of the County Administrator. However, in no case shall the total period of a leave of absence without pay exceed one year. Parenting Leaves of Absence without pay, shall be granted in accordance with the provisions of the Broward County Benefit Program.
Section 2 Leave of absence without pay, including any extension, shall not affect an employee's continuous service providing there has been no impairment of his/her ability to perform the available work but if an employee fails to return to work within the term of leave, the employee's continuous service shall be broken and employment shall be terminated.
Section 3 At the end of the leave of absence, an employee will be entitled to employment at a rate of pay not less than that which he/she received immediately prior to his/her leave of absence. The employee, upon return, shall return to his/her old job or the equivalent. An employee granted leave of absence without pay and who wishes to return before the leave period has expired, shall be required to give his/her division head at least two (2) weeks notice. Upon receipt of such written notice, the employee must be permitted to return to work.
Section 4 During the leave of absence without pay, the employee will not be entitled to accumulate any sick leave or annual leave (vacation). In addition, the employee will not be eligible for any holiday pay during such leave.
Section 5 No leave of absence, with or without pay, will be granted to permit an employee to work at another job or conduct a business.
Section 6 An employee who is granted an unpaid leave of absence may maintain the insurance coverage on himself/herself and his/her dependents in effect and in accordance with the Broward County Benefit Program.
Leaves of Absence Without Pay Section 13.
Maternity Leave Without Pay (1) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
(a) Notwithstanding 35.7(A)(1):
(i) where the employee’s new-born child is hospitalized within the period defined in 35.7(A)(1); and
(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new- born child is hospitalized; the period of maternity leave without pay defined in 35.7(A)(1) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee returned to work, to a maximum of eighteen (18) weeks.
(b) The extension described in 35.7(A)(1)(a) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(2) At its discretion, the Council may require an employee to submit a medical certificate certifying pregnancy.
(3) An employee who has not commenced maternity leave without pay may elect to:
(a) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(b) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy.
(B) An employee shall inform the Council in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur.
(C) Leave granted under this clause shall be counted for the calculation of “continuous employment” or “service” as applicable for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
Special Leave Without Pay Section 1. Employees may participate in a Special Leave Without Pay Program as established by the Hennepin County Board of Commissioners. The Special Leave Without Pay Program period is from date of County Board Approval through December 31, 2021.
Section 2. Upon the request of either party, the EMPLOYER and the UNION shall meet and confer on the extension of this Special Leave Without Pay Program each year through 2021.
Section 3. The EMPLOYER's policy on use of Special Leave Without Pay (SLWOP) provides that employees may use SLWOP in cases where they would otherwise not take the leave. The EMPLOYER will therefore interpret its policy on SLWOP to allow SLWOP for Union Leave and Parenting Leave in cases where the employee would not otherwise take the leave.
Parental Leave Without Pay (a) Where an employee has or will have the actual care and custody of a new- born child (including the new-born child of a common-law spouse), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee’s care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay, or
(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.
(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of birth of the employee’s child (including the child of a common-law spouse), or the date the child is expected to come into the employee’s care pursuant to paragraphs (a) and (b).
(e) The Employer may,
(i) defer the commencement of parental leave without pay at the request of the employee;
(ii) grant the employee parental leave without pay with less than four