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SECTION VI – ABSENCES FROM WORK ATTENDANCE AND PUNCTUALITY POLICY STATEMENT It is the policy of the County to expect and require employees to be in attendance, prepared to commence work at designated work locations, days, and assigned hours. Late arrival, early departure, and other personal absences are disruptive and should be avoided. Where employees are found to abuse absence time from scheduled work, the County may find it necessary to attempt correction of the situation by counseling, disciplinary measures, or termination. A. NOTIFICATION Supervisors are to notify employees of their starting, ending and break times. Employees should notify their supervisor as far in advance as possible whenever they are unable to report for work, know they will be late, or must leave early. Such notification should include a reason for the absence and an indication of when the employee can be expected to report for work. If the supervisor is unavailable, the employee should contact the next person designated by the department head or supervisor. Employees who report for work in a condition deemed not fit for work, whether for illness or any other reason will not be allowed to work. Employees will be required to use accrued sick leave for this workday. B. COMPENSATION Non-exempt employees will not receive compensation for time missed because of tardiness or early leaving if the time missed exceeds ten minutes after starting time or before quitting time. Failure to give proper notification of absence may result in loss of compensation. C. WORK SCHEDULE CHANGE Employees wishing to have a work schedule change considered by their supervisor should submit a written request stating the dates and times of the change where upon supervisor will respond with approval or disapproval in a timely manner. Should the request be disapproved, supervisors should note their reason(s) on the employee’s written request and retain a file copy. Section VI, Page 1 of 13 ---PAGE BREAK--- D. RESPONSIBILITIES 1. Managers and Supervisors a. Inform all employees of attendance standards and the importance of good attendance. b. Determine whether the absence should be with or without pay. It should be noted that even if reasons offered for each individual absence seem legitimate, employees might be disciplined for excessive absenteeism. c. Follow up on each absence of an employee and counsel employee as soon as a potential problem becomes apparent. Document all formal discussions about problem attendance. A copy of the documentation should be given to the employee and a copy forwarded to the Human Resources department for placement in the employee’s personnel file. d. Discuss with a member of the Human Resources department any absenteeism record which warrants disciplinary action. e. Record all time worked and all absences on the attendance-tracking card or time card computer system. f. Give employees a prompt response to leave requests after evaluating the situation and/or consulting with the Human Resources department. g. Notify the Human Resources department immediately when an employee sustains a job-related injury or illness. 2. Human Resources Department a. Administer the policy in a manner that is fair and consistent for all employees. b. Review attendance records periodically for problems; managers may be requested to counsel with employees as a result of that review. c. Inform new employees of attendance standards and attendance policy. 3. Employees a. Request time off through his/her supervisor. This request should state the reason and be made as far in advance as possible. Time off will be in Section VI, Page 2 of 13 ---PAGE BREAK--- accordance with the County’s short-term absence policy and the appropriate union contract. b. Notify his/her supervisor within one hour of the starting time if unable to report for work for any reason. c. Contact his/her supervisor each day of absence due to occasional illness. d. Contact his/her supervisor in all cases of job-related injury or illness. All absences require proper notice and an acceptable reason. A good excuse without notice is totally unacceptable; notice alone without an acceptable reason does not fulfill an employee’s obligation. Section VI, Page 3 of 13 ---PAGE BREAK--- SHORT TERM ABSENCES POLICY STATEMENT Douglas County acknowledges that certain absences are unavoidable; therefore, the County has developed the following guidelines to assist in dealing with attendance issues for unavoidable and legitimate absences. Sick leave, other short term absences such as jury duty, bereavement leave, and longer term personal leaves of absence are a privilege of time away from work duties and should not be viewed as a right to be used at an employee’s discretion nor as a permissive level of absence. The duration of each absence and compensation received by the employee, if any, during the employee’s absence shall be determined by the County. The County complies with family and medical leave of absence requirements defined by Wisconsin and Federal laws as documented in this policy under the Leave of Absence section. ADMINISTRATIVE GUIDELINES For scheduled sick leave and other short term absences defined herein, employees will be required to complete and submit a Request for Time Off Form to the supervisor as far in advance of the anticipated leave as possible. For unscheduled sick leave, employees will be required to complete and submit a Request for Time Off Form following the use of sick leave. The manager will retain the form for future reference or forward the form to the Human Resources Department if it contains medical information. If an unusual situation arises which is not covered by the following guidelines, or if special consideration is deemed appropriate, the manager should consult with Human Resources. A. ELIGIBILTY FOR SICK LEAVE ACCRUAL AND OTHER SHORT TERM ABSENCES 1. Regular full time and part time employees hired to work 4/5 time will receive full time benefits. 2. Employees who are hired to work one-half time per pay period will receive sick benefits at a 50% basis. 3. Part time employees hired to work less than one-half time, temporary, seasonal, and on-call employees are not eligible to receive pay for absence. 4. Employees requesting Family Medical Leave need to meet the statutes’ eligibility requirements before such leave is granted. Section VI, Page 4 of 13 ---PAGE BREAK--- B. ACCRUED SICK LEAVE All eligible employees may accumulate sick leave up to a maximum of one hundred twenty days (120) for use in future years. These accumulated days may be used for absences resulting from sickness or non-work related injuries or for absences as provided for in a union contract or which fall under the Federal or Wisconsin Family Medical Leave Act provisions. 1. Employees are credited with one day of sick leave for each completed month of employment up to one hundred twenty (120) days. 2. Accumulated credits are transferable within the county. 3. Credits do not accumulate when an employee is on an unpaid leave of absence. 4. Accumulated credits are not payable at termination of employment, except as specified under “Retirement Payout and Health Insurance Options.” 5. As required by the Federal or WI Family Medical Leave Acts employees may elect to substitute accrued sick leave for serious health conditions per the Family Medical Leave Act(s). However, any leave substituted under the Act is limited to the amount of the employee’s accrued sick leave. The County does not allow negative accrual balances of sick leave for any reason. C. ALLOWABLE USES OF SICK LEAVE Allowable uses for sick leave include any absence for personal illness or the illness of an immediate family member on any one occasion. (For purposes of this policy, family members are defined as children, spouse, parent, grandparent, or other dependent relatives residing in the employee’s household.) Sick leave may be used for conditions related to the employee’s personal (non-work related) injury or illness, the necessary medical care of an immediate family member, and required medical and dental treatments. Illness occurring on days normally off, by the employee, cannot be claimed as for sick leave pay. Recording Sick Leave All employees who are unable to report to work due to non-work related injury or illness are required to notify their supervisor at the earliest opportunity, but no later than their scheduled starting time. Employees who must leave work due to illness must also advise their supervisor or their designee. In order for the employee to receive paid sick leave, timesheets and a Request for Time Off Form must be filled out and submitted to the payroll department for processing. Section VI, Page 5 of 13 ---PAGE BREAK--- All non-FMLA approved sick leave usage in excess of seven days in a calendar year is considered excessive and employees should be informed and counseled by their manager of this problem (see excessive absenteeism guidelines). D. OTHER SHORT TERM ABSENCES 1. Bereavement Funeral Leave In the event of a death in the employee’s immediate family, which also includes the immediate family of the employee’s spouse, the employee will be granted one to three days of leave with pay. Immediate family shall include the spouse, children, parents, grandparents, brother, sister, uncle or aunt, niece, nephew, stepchild, and grandchildren (also see union contract for definitions that may be unique to a bargaining unit). Leave for funerals that are non-family may likewise be granted at the discretion of the department manager or designee. Funeral leave requested in excess of that stated in the above section may be allowed by the department manager; however, pay for additional leave shall not be allowed. Should an employee be requested to serve as a pallbearer in a funeral they may be granted one day off with pay. 2. Jury Duty Employees summoned for jury duty will be allowed the necessary time to perform this civic responsibility. Employees will be expected to report to work during all regular working hours if their presence is not required in a jury room or court. If an employee is on jury duty Douglas County will pay the employee’s regular salary and the employee will turn in to Finance any jury duty pay received excluding expenses. 3. Military Reserve Training Douglas County will grant a military leave of absence of up to two weeks for full time employees for the purpose of attending an annual encampment or cruise in a recognized reserve branch or component of the armed forces of the United States. Douglas County will supplement the employee’s military pay with their wages to equal but not to exceed their regular salary. Part time and temporary employees will be granted an unpaid leave to fulfill this obligation. Section VI, Page 6 of 13 ---PAGE BREAK--- Employees returning from training must report to work on the first scheduled working day following the completion of training. E. WORKERS COMPENSATION Employees who miss work due to a job related injury or illness would be paid by Workers Compensation. Part time employees will be paid for the number of hours they would normally work. Absences due to injuries or illnesses paid by Workers Compensation will not be charged against sick leave. 1. While waiting for the processing or determination of the claim the employee may choose to supplement their income using sick leave. When workers compensation rules in the employees favor all time used will be reaccredited. The employees shall have the choice of one of the following methods of payment while on workers compensation: a. The employee may choose to receive only their workers compensation benefit. b. The employee may request in writing a supplemental check for an amount totaling the employee’s normal full wages. This supplemental payment shall be charged against the employee’s accumulated leave of absence credit and shall be paid only to the extent of the accrued credit. For more information refer to the “Workers Compensation Policy”. F. UNEXCUSED ABSENCES An absence is considered to be unexcused if: 1. An employee is absent for any reason, including illness, and does not contact his/her manager or supervisor. 2. An employee’s request for time off has been denied and the absence occurs anyway. 3. Unexcused absences are generally without pay and may result in termination. 4. An employee who for two consecutive days, remains absent from work and fails to report the absence to his/her manager or supervisor, may be terminated for “job abandonment”. Termination will officially occur at the end of the second day of absence. Section VI, Page 7 of 13 ---PAGE BREAK--- G. EXCESSIVE AND PROBLEM ABSENTEEISM EMPLOYEES DO NOT AUTOMATICALLY RECEIVE PAY FOR ALL ABSENCES 1. Excessive absenteeism or problem attendance may be cause for disciplinary action, unsatisfactory performance ratings, and/or termination. Absences may be considered excessive when: a. They exceed seven working days in a calendar year for full time employees. b. They exceed the appropriate prorated hours for a part time employee. c. A questionable pattern of absenteeism is established by the employee. In these situations, managers may choose not to authorize pay for absences until the problem is sufficiently resolved. 2. Employees who may be having attendance problems in one calendar year are not automatically entitled to additional paid time off just because a new year begins. Example: If a manager notices an attendance problem developing in the latter part of a calendar year and the pattern continues into the new year the manager may choose not to authorize additional payments for absences in the new year until the attendance problem is resolved. 3. In managing excessive absenteeism and determining if absences should be paid, managers must ensure they are being consistent in their decisions. Discretion is necessary because there are a variety of factors to consider, including the nature of the differences in actions are appropriate based on these factors. In general it is essential that managers are mindful of the need to ensure that employees with similar attendance records should be treated consistently. To ensure consistency, managers should consult the Human Resources department as to when an absence situation warrants disciplinary action such as withholding pay for an absence, attendance warnings and/or termination. 4. All vacation, personal holiday or compensatory time off must be scheduled in advance with the manager. Employees who consistently fail to give adequate notice or who give unacceptable excuses will be considered to have an attendance problem and may be subject to disciplinary action up to and including termination. Section VI, Page 8 of 13 ---PAGE BREAK--- LEAVES OF ABSENCE POLICY STATEMENT Absences away from work that do not fall under the Short Term Absence Policy will be granted to employees under certain circumstances. ADMINISTRATIVE GUIDELINES Employees will be required to complete and submit a Leave of Absence Request Form to the supervisor as far in advance of the anticipated leave as possible. The manager will submit the form to the Human Resources department who will jointly approve or disapprove of the leave and so notify the employee through the supervisor. If an unusual situation arises which is not covered by the following guidelines, or if special consideration is deemed appropriate, the manager should consult with Human Resources. Extension of an initial leave of absence must be requested in the same manner but will additionally require the approval of the County Administrator. A. LEAVES OF ABSENCE 1. Family/Medical Leave The County complies with the Wisconsin Family Medical Leave Act (WFML) and the Federal Family Medical Leave Act (FFML). The statements below are meant to be guidelines and the actual implementation of these leave provisions are subject to the current Acts. Definitions: Family Leave: Is time-off from work for employees who are physically able to work but choose to prepare for the arrival of a new child, or remain at home and care for the newborn or newly adopted child; placement for foster care is allowed only under the FFML. a. A Family Leave may consist of a paid or unpaid disability leave, (i.e. disability related to childbirth), and unpaid leave of absence or a combination of both. As a general rule, the total time off for maternity leave, considering the disability and family leave combined, will not exceed 6 months unless there are additional eligible coverages authorized under the FMLA provisions. Section VI, Page 9 of 13 ---PAGE BREAK--- b. Any disability portion of a family leave will be paid in coordination with the employee paid short-term disability insurance that only pays benefits when the employee is on unpaid leave. Medical Leave is time off work for employees who choose to remain home and care for a seriously ill child, spouse or parent. Personal Medical Leave is available for the employee’s own serious health condition. A Personal Medical Leave will not exceed one year that includes approved FMLA periods. a. Medical Leave is available under the Acts and can be used over a 12- month period for the employee’s personal serious health condition or the care of a serious ill child, spouse or parent. b. Any Family/Medical Leave granted is not in addition to any sick leave that has already been used for this purpose. c. Group Health Insurance benefits will continue for the duration of the Family/Medical Leave Act period but will not extend beyond the 12-week period defined under the WFML or FFML. Employees must make any co-payments required for this coverage. Family/Medical Leave is available to all employees who meet the statutes eligibility requirements and will be administered accordingly. The Wisconsin Family Medical Leave (WFML) and the Federal Family Medical Leave (FFML) will be taken concurrently and simultaneously. The Wisconsin Family Medical Leave (WFML) is available for a twelve-month period January 1st of every year. The Federal Family Medical Leave (FFML) is available each year for a twelve- month period on a rolling time frame. a. Wisconsin Family Medical Leave 6 weeks of unpaid leave for birth or adoption of a child beginning within 16 weeks before or after birth or placement (does not include foster care) in a 12-month period. 2 weeks unpaid medical leave for care of seriously ill parent, child or spouse. 2 weeks unpaid medical leave for the employee’s serious health condition. Section VI, Page 10 of 13 ---PAGE BREAK--- b. Federal Family Medical Leave 12 weeks during any 12-month period, for birth, adoption, or foster placement, family, or personal medical leave. Spouses who work for the same employer are limited to a combined total of 12 weeks for birth, adoption or foster placement. c. Substitution of Leave Under the Federal and Wisconsin Family Medical Leave Acts eligible employees are not prevented from using leave accruals during the time of an authorized FML. Under the FFML an employee may elect or employer may require accrued paid leave to be substituted. Under the WFML an employee may elect to substitute accrued paid or unpaid leave of any other type provided by employer. The County has elected to establish the standard that all employees’ leave balances must be exhausted before any additional unpaid time may be taken beyond the required unpaid leave noted above. Considering the employee’s option to take FML in an unpaid status as noted above, sick leave would be assigned first for medical related leave. Personal holiday/leave, compensatory time and vacation will then be assigned for a family leave. Once all leave is exhausted, the employee will be on unpaid leave. 2. Military Leave of Absence Full time and part time employees who are drafted or who enlist in the military service may be placed on military leave of absence. A military leave of absence is without pay and begins the day immediately following the last day worked. The leave may continue for as long as 90 days following discharge or release from the military duty, or 90 days after hospitalization, which continues not more than one year after discharge. Reservists and National Guard members returning from initial active duty for training must apply for reinstatement within 31 days after being released from military duty. Reinstatement After Military Leave Upon satisfactory completion of military service and timely notice of intent to return to work, an employee will be reinstated to a job comparable to the one the employee left provided the employee is qualified and the County’s circumstances Section VI, Page 11 of 13 ---PAGE BREAK--- have not changed to the extent that it would be impossible or unreasonable to provide re-employment. Employees who perform and return from military service in the Armed Forces, the Military Reserves, or National Guard shall have and retain such rights with respect to reinstatement, seniority, vacation, layoffs, compensation, and length of service pay increases may be from time to time provided by application federal or state law. If an employee, on return from military service, is physically unable to perform the duties of the employee’s previous job, the County will attempt to place the employee in a position of similar status and pay that is compatible with the employee’s physical abilities. 3. Personal Leave of Absence A personal leave of absence is defined as an authorized absence from work by a regular full time or part time employee, which is not covered by paid sick leave, vacation, holidays or any other reasons provided for in the attendance policy. A personal leave of absence is normally without pay. Requests for personal leave are considered individually; the reasons for the request, demands of the individual job, needs of the department, as well as the employee’s work record and length of service are all considered in granting a leave. Personal leaves of absence should not exceed sixty (60) calendar days in any one year. Requests must be made in advance, and all arrangements must be approved by the employee’s manager and the Administration Committee. 4. Educational Leave of Absence Employees who desire to continue their education in preparation for added responsibilities with the County may be granted an unpaid educational leave of absence. Educational leave may be granted by the Department, and will require Administration Committee approval. Requests will be considered on an individual and department circumstance. B. JOB REINSTATEMENT Employees returning from a leave of absence will be reinstated to their same job or one of similar status and pay provided the County’s circumstances have not changed to the Section VI, Page 12 of 13 ---PAGE BREAK--- Section VI, Page 13 of 13 extent that it would be impossible or unreasonable to provide reinstatement. If the same job or one of similar status and pay is not available, reinstatement may be deferred until a position is available, and the employee may be granted a preference in recall. Employees returning from a military leave must also comply with all of the reinstatement provisions above. C. TERMINATION OF A LEAVE OF ABSENCE A leave of absence will be terminated: 1. If the employee is employed outside of Douglas County, while on a leave of absence from Douglas County. 2. If the employee fails to report to work on the agreed upon date. 3. When the employee is reinstated as an active employee within Douglas County. D. IMPACT OF LEAVE OF ABSENCE ON BENEFITS An approved leave of absence does not affect the employee’s date of employment for benefit calculations. Upon reinstatement following a leave of absence, employees receive full service credit for the period of such leave. Vacation and Sick leave benefits continue to accrue for employees who are on paid leave of absence. Unpaid authorized leave of absence results in a temporary suspension of vacation, accrual of unused sick leave, and longevity, until active employment resumes. It is the responsibility of the employee to pay their portion of any selected benefits. County Board Approval 8-18-05, Resolution #94-05