§ 2-1105. Leave of absence without pay.

(a)

Generally. Leave of absence without pay may be granted to regular employees in the classified service for a period not to exceed 90 calendar days, by a department head. A leave of absence without pay may be granted by a department head, with the prior approval of the director of human resources, to regular employees in the classified service for a period not to exceed 180 calendar days.

(b)

Extended leave. A department head, with the prior approval of the director of human resources, may grant a regular employee leave without pay for a period agreed upon by the department head and director of human resources, for travel, study related to the employee's position with the city, or in the case of serious illness. However, the employee will not receive any form of compensation or accrual of benefits during this time. Such leave shall be granted or extended only when it will not result in undue prejudice to the interests of the city as an employer, beyond any benefits to be realized.

(c)

Restrictions. No leave without pay shall be granted except upon written request of the employee. No such leave shall be granted primarily in the interests of the employee except in the case of one who has shown by his record of service or by other evidence to be of more than average value to the city and whose service it is desirable to retain even at such sacrifice.

(d)

Return to work upon expiration. Upon expiration of leave without pay, the employee shall return to work in the position held at the time leave was granted. Without good cause, failure on the part of an employee on leave to report promptly at its expiration shall be considered as a resignation.

(e)

Labor organization business. Employees participating in activities related to Local 42 of the International Association of Firefighters, AFL-CIO-CLC, or Local 500 of the American Federation of State, County and Municipal Employees, AFL-CIO, or any parent or umbrella union organization thereof shall request and be granted a leave of absence as follows:

(1)

Employees elected to or selected for any full-time union office or employed by the union on a full-time basis shall be granted an unpaid leave of absence upon one month's written notice to the city setting forth the nature and tenure of the union position.

(2)

Employees elected to or selected for any part-time union office or employment by the union on a part-time basis shall be granted an unpaid leave of absence for the time absent from work for such union activities.

(3)

Employees selected by the union to participate in unpaid short-term union activities shall be granted a leave of absence without pay as provided in the memorandum of understanding then in effect.

(4)

In lieu of granting the employee who is a member of Local 42 a leave of absence for the activities specified in subsections (e)(2) and (3) of this section, and with written approval of the city manager, the employee may be allowed to trade time with other employees as provided in the memorandum of understanding then in effect. For purposes of this subsection only, the term "trading of time" shall include both trading of time and payment by the union to another employee to work the shift, including payment of all applicable taxes.

(5)

Upon return from leave, such employee shall have the same rights as an employee promoted outside the unit who returns to the unit. Leaves shall be granted for definite periods, not in excess of two years for leaves granted under subsection (e)(1) of this section, and may be extended from year to year upon written request from the union. Employees may return to the bargaining unit prior to the expiration of the term of the leave at the discretion of the city.

(6)

All other conditions of this section shall apply to any leave granted under this subsection (e).

(f)

Benefits during leave. During any leave granted pursuant to this section, accrued sick leave and vacation leave shall be frozen and shall not continue to accrue during the leave. Employees on leave shall maintain previously acquired seniority and shall continue to accumulate seniority for up to one year, retaining such seniority thereafter. Other benefits for which the city or the employee pays remuneration, including but not limited to health, dental and life insurance, pension system contributions and accumulation of creditable service, shall cease 30 days after the effective date of such leave; provided, however, the employee shall have the option to continue such benefits if the employee pays the full expense of the benefits, including the city's share of any contribution thereto, at the time due.

(Admin. Code 1967, § A8.23; Ord. No. 45485, 5-23-75; Ord. No. 920786, 7-23-92; Ord. No. 971285, § 4, 9-18-97; Ord. No. 980444, § 1, 4-30-98; Ord. No. 070480, § 1, 4-26-07)

Annotation— Where captain in city fire department had criminal indictment pending against him, later dismissed, but instead of requesting hearing before acting chief of department asked for leave of absence, then resigned upon expiration of maximum leave of absence to which he was entitled, right of party to reinstatement, if any, after dismissal of indictment had to be asserted before civil service commission which could consider matter, and party failing to have properly presented his claim to commission did not exhaust administrative remedies and was not entitled to resort to court for relief. V.A.M.R. Civil Rule 83.05. Feldman v. City of St. Louis, 338 S.W. 2d 345.