2018-058 Employee Policy - Revisions to Uniform Absence ControlDate: May 18, 2018 Report No. 2018-058
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Policy updates:
Deletion of policy 107.05 – Illness/Off-Duty Injury
Addition of policy 111.07 – Non-FMLA Medical Leave
Revision of policy 111.08 – Personal Leave Without Pay
EXECUTIVE SUMMARY:
The Illness/Off-Duty Injury policy incorporates a section for “Business Necessity Termination,”
which staff internally refers to as a Uniform Absence Control (UAC) policy. The UAC policy
allows for 12 weeks of leave in a 12-month period beyond what is required by the Family and
Medical Leave Act (FMLA) plus up to 24 weeks of additional leave time (contingent upon City
Manager or his designee’s approval). FMLA already requires 12 weeks of unpaid leave in a 12-
month period for eligible employees, although under City policy, employees must use their accrued
sick and vacation concurrently with family or medical leave. Additionally, the Americans with
Disabilities Act and its amendments (ADAAA) may require additional leave as a reasonable
accommodation.
Instead of this UAC policy, staff is proposing that any leave beyond the 12 weeks required by
FMLA be considered on a case-by-case basis. Most of these cases will involve the “interactive
process” between the employee and employer as mandated by the ADAAA. This change will
require the elimination of policy 107.05 – Illness/Off-Duty Injury, revisions to policy 111.08 –
Personal Leave Without Pay, and the addition of policy 111.07 – Non-FMLA Medical Leave.
These policies will be included on the consent agenda for the June 5, 2018, Council meeting.
BACKGROUND:
Staff revised the Illness/Off-Duty Injury policy in FY 2001/2002 to incorporate “Business
Necessity Termination”/UAC. The policy was revised to allow for an employee to be terminated
as a business necessity when the employee exhausts 12 weeks of non-FMLA leave time in a 12-
month period (the leave does not have to be concurrent), unless an accommodation is required
under the ADAAA. Upon notice of termination for business necessity, the employee can request
up to an additional 24 weeks of leave from the City Manager or his designee. Prior to this revision,
employees could have been out for an indefinite amount of time. Albeit much of the time was
unpaid, the departments often went without filling the position, as it would have required a “double
fill” and would have impacted the number of full-time equivalents (FTEs).
To clarify, leave under the UAC policy is in addition to leave required by the FMLA. The FMLA
is a federal law that provides 12 weeks of protected leave in a 12-month period for employees who
meet the following criteria:
Date: May 18, 2018 Report No. 2018-058
Has worked for the City for 12 months (need not be consecutive),
Has worked 1,250 hours in the 12-month period immediately prior to the commencement of
the leave, and
Has a qualifying condition (e.g., birth or adoption of a child; medical condition of self; medical
condition of a spouse, parent, or child).
When considering FMLA, UAC, and the potential extended leave allowed under the UAC policy,
an employee can be off work for up to 48 weeks in a 12-month period. Even after that time, the
City might still have to consider additional leave as a reasonable accommodation under the
ADAAA.
While this policy was originally revised to assist with better management of employees who were
out for an extended period of time for medical reasons, it has created more of a hardship for many
departments.
DISCUSSION:
By having a UAC policy, employees are entitled to leave beyond the 12 weeks required by the
FMLA, even if it creates a hardship for the department. By eliminating the UAC policy and
considering leave as a reasonable accommodation on a case-by-case basis, supervisors and
department heads can weigh in on how additional leave time will impact their operations.
Factors that would be considered in a case-by-case analysis include, but is not limited to the
following:
1. The employee’s essential functions of his or her job.
2. The general nature of the employee’s mental or physical impairment.
3. Whether the employee is limited in a major life activity.
4. How long the impairment is expected to last.
5. Whether the employee presents a risk of danger to him/herself or others while working.
6. The probable duration of the disability and/or recommended accommodations.
7. Any barriers (if any) exist to the employee’s performance of his or her duties in light of the
employee’s condition.
8. Identity of any range of possible accommodations that have the potential to remove the
difficulties, either in the work environment or job tasks, and which would allow the employee
to perform the essential functions of the job.
9. The overall financial resources of the department involved in the provision of the reasonable
accommodation, including the number of persons employed at such facility, and the effect on
expenses and resources.
10. The overall financial resources of the City.
11. The impact of the accommodation upon the operations and the ability of other employees to
perform their duties and the impact on the department’s ability to conduct business.
12. The employee’s submission of satisfactory evidence of his/her inability to return to work, either
in a limited duty capacity if such work is available, or to regular duty.
Date: May 18, 2018 Report No. 2018-058
13. The employee’s efforts to communicate with his/her immediate supervisor prior to the expiration
of FML on his or her expected return-to-work date. If the employee was unable to make contact
personally, he/she should have someone contact his/her supervisor on his/her behalf.
14. The length of time it would take to replace the employee in his/her position.
15. Whether reassignment is an option if the employee cannot return to his/her regular position.
Termination would not be considered unless no reasonable accommodation (which would not cause
undue hardship on the organization or pose a direct threat to the health or safety of the employee or
others) exists that would enable the employee to perform the essential functions of his/her position,
and no job reassignment is available. A good faith effort would be made to try to accommodate the
employee.
The number of employees who use more than 12 weeks of leave varies from year to year:
Calendar Year
Number of Employees
Who Needed Leave
Beyond 12 Weeks of
FMLA
Number of Employees
Who Requested
Extended Leave Beyond
12 Weeks of UAC
2012 14 5
2013 11 2
2014 8 3
2015 14 1
2016 1 0
2017 9 3
2018
(as of the end April)
5 0
After looking at policy #107.05 further, staff is recommending the entire policy be deleted. Once
the “Business Necessity Termination” language is removed, the remaining sections can be
addressed by one or more of the following policies:
100.02 – American with Disabilities Act (ADA)
107.04 – Family Medical Leave.
111.07 – Non-FMLA Medical Leave (new)
111.08 – Personal Leave Without Pay
These policies have been attached to this Informal Staff Report in their edited format for Council’s
reference. There are recommended changes to policies 100.02 and 107.04, but not due to the
elimination of policy 107.05. Although all of these policies are attached for Council reference,
only policies 107.05, 111.07, and 111.08 will be placed on the June 5th agenda for Council’s
approval. The reasoning for this is because the “Policy Statement” section has been impacted.
Date: May 18, 2018 Report No. 2018-058
These policies were revised with input from a representative from the City Attorney’s Office and
reviewed with the City Manager, Deputy City Manager, and Assistant City Manager. The policies
were also sent to the Policy Review Committee for review and input. The Policy Review
Committee is comprised of approximately 25 employees at various levels representing different
departments/divisions. The members are expected to distribute the proposed changes to individuals
in their area and solicit comments, questions, and concerns regarding the proposed changes.
Feedback from the Committee has been incorporated into the policies.
More Information About Policies in General
Policies include a “Policy Statement” which is adopted and approved by the City Council. Some
policies include a second section entitled “Administrative Procedures” which the City Manager
approves to implement the Council’s policies. In order to revise a Policy Statement, the City
Council must approve the revision(s). The City Manager may approve revisions to the
Administrative Procedures without referral to the City Council.
Administrative Directives are approved and issued by the City Manager and do not require City
Council review or approval for enactment or revision.
Specifically, Sec. 2-28. “Policies, procedures and directives” of the Code of Ordinances states the
following:
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Administrative directive means a written statement from the city manager to city employees
establishing rules and regulations concerning internal operational matters of the city.
Administrative procedure means a specific and detailed statement of the means and methods
by which management implements a policy.
Policy means a statement of overall philosophy and direction, describing goals to be
accomplished and programs to be established.
(b) Review by city attorney and approval by council. Policies and any amendments thereto shall
be reviewed by the city attorney for legal compliance and approved by resolution of the city
council.
(c) Authority to issue. The city manager is hereby authorized to issue such administrative
procedures and directives as he deems necessary to implement approved policies relating to
personnel and internal operational matters. Such procedures and directives shall be contained
in a manual available for inspection by city employees.
Date: May 18, 2018 Report No. 2018-058
CONCLUSION:
Policy 107.05 – Illness/Off-Duty Injury, includes a section for Business Necessity Termination
which is creating a hardship for many departments. The FMLA already requires 12 weeks of leave
in a 12-month period. Additionally, leave that is not protected by FMLA may have to be considered
as a reasonable accommodation under the ADAAA.
Staff has been analyzing the best way to change this policy to balance the needs of the employees
and the departments. The ADAAA limits the City’s ability to have a hard fast rule on the maximum
amount of leave usage an employee may use. After discussions with a representative from the City
Attorney’s Office, we are recommending eliminating the UAC policy and considering additional
leave requested beyond the 12 weeks required by FMLA on a case-by-case basis.
STAFF CONTACT:
Carla Romine, Director of Human Resources
940-349-8344
CITY OF DENTON PAGE 1 OF 11
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
107.05
SUBJECT: EMPLOYEE BENEFITS AND SERVICES INITIAL EFFECTIVE DATE:
11/01/94
TITLE: ILLNESS/OFF DUTY INJURY POLICY LAST REVISION DATE:
9/16/03
POLICY STATEMENT:
The ability of the City to provide timely and adequate salary continuation and benefit programs to assist City
employees absent from the job due to an injury or illness is dependent upon the City's ability to coordinate its
handling of each individual case. This policy seeks to create a coordination and uniformity of the handling of
all City employee disability or injury cases. It is expected that employees will assist and cooperate with the
City in obtaining recommended medical treatments or therapy and rehabilitative services in order to return to
work at the earliest possible date.
This policy applies to all regular full-time and regular part-time employees who have completed the six month
introductory period. On-the-job injury or illness is addressed in the "Occupational Injury Policy" (409.1) with
the exception of "business necessity termination" (Section III of this policy). Civil Service employees will be
governed by the provisions outlined in Chapter 143 of the Texas Local Government Code unless Chapter 143
does not address the disability issue, in which event the provisions of this policy will apply.
ADMINISTRATIVE PROCEDURES
I. DEFINITIONS
A. Essential functions - The major duties essential to a position (with or without reasonable
accommodation). These are determined by the job description of each position. The following
should be considered in determining if a job function is essential:
1. The position exists, in part, to perform the function.
2. There are a limited number of other employees available to perform the function or among
whom the function can be distributed.
3. A function is highly specialized, and the person in the position is hired for special expertise
or ability to perform it.
B. Reasonable Accommodation - A modification of the work environment or work process that
enables a person with a disability to perform the essential functions of a job pursuant to the
Americans with Disabilities Act of 1990 (“ADA”), and associated regulations. The
determination of what accommodations are reasonable shall be the determination of the City,
but will be in compliance with the provisions of the ADA. The determination of reasonable
accommodation will also include consideration of whether an undue hardship will be posed on
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the operations of the department or division, or if a direct threat to the health or safety of the
employee or others will be posed.
C. Undue Hardship - defined by the ADA as an action that is excessively costly, extensive,
substantial, or disruptive, or that would fundamentally alter the nature or operation of the
business.
D. Direct Threat - a health or safety risk that, based on valid medical and/or other objective
evidence, is determined to pose a significant risk of substantial harm, and which cannot be
reduced to an acceptable level with reasonable accommodation.
E. Disability - Under the ADA, an individual with a disability is a person who has: a physical or
mental impairment that substantially limits one or more major life activities; a record of such an
impairment; or is regarded as having such an impairment.
F. Illness, Injury, or Medical Condition - A temporary physical or mental impairment that does not
substantially limit one or more of the major life activities of an individual.
G. Business Necessity Termination - Occurs when a department's or division's productivity or
ability to deliver services is adversely affected because an employee is unable to perform the
essential functions of the position for which that employee is hired, and no reasonable
accommodation can be made.
H. Modified Duty - Any restriction placed on an employee by a treating physician that requires an
employee to do less than his/her full job. Modified duty will not extend beyond 120 days.
I. Extended Leave of Absence – Leave of absence that has been approved by the City Manager or
his/her designee after an employee has already had more than twelve (12) weeks of absences in a
twelve (12) month period, not including leave pursuant to the Family and Medical Leave policy.
An Extended Leave of Absence shall not exceed twenty-four (24) weeks.
J. Notice – When the City of Denton is required to give notice under the following administrative
procedures, notice shall be written and sent by United States first-class mail to the employee’s
last known home address as provided to the Human Resources department. Date of the notice is
the same date the notice is placed and postmarked into the United States mail.
II.PROCEDURES
A. When an employee is unable to perform the essential functions of his/her position due to a
disability, injury, illness, or medical condition (and reasonable accommodation is not possible),
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the City may separate the employee due to business necessity and fill the position except as is
restricted by the Family and Medical Leave Act. (See Section III below.)
B. Eligibility for benefits as defined in this procedure is dependent upon the complete compliance
of the employee with the responsibilities outlined in this procedure and the requirements and
procedures stated in the employee benefit booklets or appropriate benefit policies.
C. An employee who experiences an off-the-job injury or illness that renders the employee
incapable of performing his/her regularly assigned duties shall use his/her accrued sick,
vacation and, if applicable, compensatory leave balances. The employee shall use his/her
available leave balances until the earlier of:
1. The date the employee has exhausted all such leave balances (if exhausted, refer to
"Personal Leave Without Pay Policy" [111.08] or the “Family and Medical Leave Policy”
[107.04]);
2. The date the employee is able to return to work and perform the essential functions of
his/her position; or
3. The date the employee has accumulated twelve (12) weeks of absences in a twelve (12)
month period, not including FMLA leave, unless the employee applies for and is approved
for a Extended Leave of Absence by the City Manager or his/her designee.
D. An employee who is unable to perform the essential functions of his/her position due to a
disability, injury, illness, or medical condition (and reasonable accommodation is not possible)
is not guaranteed a return to his/her position at the completion of his/her injury or illness leave
except that in the case of Family and Medical Leave the employee will return to an equivalent
position with equivalent benefits, pay and other terms and conditions of employment, in
accordance with FMLA regulations. If after consultation with Human Resources and the Risk
Manager (in the case of an on the job injury), a supervisor determines that a department's or
division's productivity or ability to deliver services is adversely affected because an employee
is unable to return to his/her position, the employee may be administratively removed from
his/her position during his/her leave. When an employee who has been administratively
removed from his/her position is able to return to work with the appropriate medical releases,
that employee will be considered for any open position in the City for which that employee is
qualified. Employees who are not disabled as defined by the ADA will be required to compete
for open positions.
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E. Benefits will be calculated as listed below:
1. Employees who are absent from work due to an injury, illness or approved Extended Leave
of Absence shall continue to accrue vacation and sick leave for as long as they are
receiving paid leave (i.e. sick, vacation, or compensatory time).
2. Benefit accrual and usage would follow the provisions of the “Family and Medical Leave
Policy” (107.04).
3. An employee shall not be eligible to receive tuition reimbursement unless it is for an
approved course which was already in progress at the time the employee became unable to
perform his/her job duties and the course has been successfully completed and documented
as required by the "Tuition Reimbursement Policy" (107.09).
4. The City will continue to pay its portion of benefits for the employee as provided by the
Family and Medical Leave Act (FMLA) of 1993 and the Family and Medical Leave policy
(107.04).
5. The employee and eligible dependents will remain qualified for benefits coverage through
the City's group plans as long as the premiums for the employee and dependent coverage
under the City plans are paid on a timely basis by the employee (either through payroll
deduction or personal payment). It is the responsibility of the employee to make
arrangements for the payment of these premiums if they cannot be made by a payroll
deduction.
6. Regular full-time and regular part-time employees who are not able to work for an
extended period of time may be eligible to apply for long-term disability benefits. The
employee is responsible for contacting the Risk Management office as soon as he/she is
able in order to discuss eligibility qualifications. Some benefits may not be available if the
employee fails to apply for the benefits within the time mandated by the benefit provider.
F. Employees who qualify for FMLA leave must comply with all provisions of the Family and
Medical Leave policy (107.04).
III. BUSINESS NECESSITY TERMINATION DUE TO UNIFORM ABSENCE CONTROL
A. An employee may be terminated as a business necessity due to uniform absence control when
the employee has been unable to perform the essential functions of his/her job with or without
reasonable accommodation for a period of twelve (12) weeks within a twelve month period, not
including the use of any FMLA leave. This time need not be consecutive. This section applies
to both on-the-job and off-the-job injuries or illnesses for employees who have completed their
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introductory period. The City will use a “rolling” 12-month period measured backward from
the first date an employee uses any leave for either on-the job or off-the-job injuries or illnesses
in order to calculate the twelve weeks.
B. Supervisors shall obtain approval from the Director of Human Resources or his/her designee
prior to initiating a termination due to uniform absence control. The Risk Manager shall also be
consulted if any absence is due to an injury that occurred on the job. In the case of an employee
with a disability as determined by the ADA, termination would not be considered unless no
reasonable accommodation (which would not cause undue hardship on the organization or pose
a direct threat to the health or safety of the employee or others) exists that would enable the
employee to perform the essential functions of his/her position, and no job reassignment is
available (see Section VII of this policy entitled "Job Reassignment").
C. If after reviewing these factors, the supervisor with the guidance of the Human Resources
Director or his/her designee and, in cases of on the job injuries, the Risk Manager determines
that the employee cannot return to perform the essential functions of his/her job, then the
employee will be notified in writing of the proposed termination at least two weeks before the
termination will take effect. An employee who receives notice of intent to terminate under this
section shall be afforded the right to seek an Extended Leave of Absence, as more fully
discussed below in section III. D. Business necessity termination due to uniform absence control
is not a disciplinary action and does not operate to deny an employee the use of accrued benefits
as outlined in appropriate policies.
D. An employee who has received notice of the City’s intent to terminate the employee for
absences in excess of twelve (12) weeks in a twelve month period or for absences due to an off-
duty injury or illness may apply for an Extended Leave of Absence for up to twenty-four (24)
weeks of additional leave to the City Manager or his/her designee. In order to apply for the
Extended Leave of Absence, the employee must present a written request to his/her supervisor
and the Director of Human Resources stating the length of additional leave requested and
identifying reasons in support of the request for additional leave. The Director of Human
Resources or his/her designee and, in the case of on-the-job injuries, the Risk Manager will
review the employee’s request and make a recommendation to the City Manager or his/her
designee. The decision on whether to approve the employee’s request for additional leave is left
to the sole discretion of the City Manager or his/her designee. The following shall be taken into
consideration when reviewing the employee’s request for Extended Leave of Absence:
1. A doctor's prognosis indicating whether or not the employee will be able to perform his/her
regular duties or modified duties if available. In the case of an employee with a disability
as defined by the ADA, termination would not be considered unless no reasonable
accommodation (which would not cause undue hardship on the organization or pose a
direct threat to the health or safety of the employee or others) exists that would enable the
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employee to perform the essential functions of his/her position, and no job reassignment is
available (see Section VII of this policy entitled "Job Reassignment").
2. A doctor’s prognosis indicating when the employee may be able to return to work.
3. The length of time it would take to replace the employee in his/her position.
4. Whether the employee is willing to accept placement in a different, available position for
which the employee is qualified.
5. Whether the employee has been willing to accept a modified duty assignment after
expiration of any available FMLA leave for an on-the-job injury.
6. Whether the employee is able to present satisfactory evidence of his/her inability to return
to work, either in a limited duty capacity if such work is available, or to regular duty
according to the timetable established in this procedure or upon request by the City.
7. Whether the employee has made any falsifications or misrepresentations concerning
his/her physical condition or capacity.
8. Whether the employee fails or refuses to return to regular duty on the day specified by the
treating physician.
9. Whether the employee maintained contact with his/her immediate supervisor on a regular
basis (as directed by his/her supervisor) and notified him/her of his/her condition and
expected return-to-work date. If the employee was unable to make contact personally,
he/she should have someone contact his/her supervisor on his/her behalf.
10. Whether the employee provided requested progress reports from the treating physician.
IV. SUPERVISOR RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS, OR
MEDICAL CONDITION:
A. Within seven (7) days of the date the employee's disability, injury, illness, or medical condition
begins, the supervisor must notify the employee in writing of his/her obligation to contact the
supervisor on a regular basis. (The recommended reporting time is once a week, but the
supervisor can elect to change this reporting time to more frequently or less frequently after
consulting with the Human Resources Department). Each supervisor shall establish procedures
for this reporting requirement, inform the disabled, injured, or ill employee of the procedures,
and notify the employee that failure to follow these procedures could result in disciplinary
action.
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B. Each supervisor, with the consultation of the Human Resources department and the Risk
Manager in the case of an on the job injury, shall notify the disabled, ill or injured employee in
writing of his/her obligation to provide a monthly progress report, if applicable, from his/her
attending physician regarding his/her medical condition and rehabilitation options as they relate
to his/her ability to return to full duty. This report shall include:
1. Whether the employee will be able to return to full duty with no restrictions. If so, when?
2. Whether rehabilitation is an option? If not, why not?
3. Are any accommodations necessary for the employee to return to full duty? If so, describe.
C. Upon exhaustion of paid sick and/or vacation time, the supervisor shall submit an "Employee
Status Form" to notify Human Resources to stop leave accrual.
V. EMPLOYEE RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS, OR MEDICAL
CONDITION:
A. Employees who are disabled, ill, injured, or have a medical condition are required to notify their
immediate or designated supervisor immediately if they are going to be absent from work.
B. The employee will periodically provide a progress report from his/her treating physician as
indicated in Section IV.B. of this policy.
C. The employee must contact his/her supervisor as established in Section IV.A. of this policy
until he/she returns to work or the end of the twelve (12) week period, not including leave
pursuant to the Family and Medical Leave policy (107.04), in which the employee is unable to
perform the essential functions of his/her position. If the employee is unable to make contact
personally, he/she shall have someone contact his/her supervisor on his/her behalf. The City
must be aware of the employee's status in order to plan and assign work duties and
responsibilities in an efficient manner.
D. An employee who fails to contact his/her supervisor or provide prognosis report(s) in
accordance with this policy shall be subject to disciplinary action in accordance with the
"Disciplinary Action Policy" (109.01).
VI. RETURN TO WORK FOR FULL DUTY
A. The following reporting requirements apply when an employee returns to work from an off-the-
job disability, illness, injury, or medical condition:
1. An employee returning to duty at the expiration of his/her Family and Medical Leave or
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after being unable to work for ten (10) or more working days due to a disability, illness,
injury, or medical condition which is not covered by the FMLA must provide a written
release to the supervisor from the attending physician indicating the employee's fitness to
return to full duty. The supervisor must then forward the release to the Director of Human
Resources or his/her designee.
2. In the case of an employee who returns to work from a disability, illness, injury, or medical
condition in less than ten (10) working days, the employee is not automatically required
to furnish a doctor's release to his/her supervisor, unless the employee’s leave was pursuant
to the Family and Medical Leave policy (107.04) in which case the employee must always
furnish a doctor’s release if the leave was taken for the serious health condition of the
employee. The supervisor, at his/her discretion, may require the employee to furnish a
release from the attending physician if he/she feels the employee's disability, injury, illness,
or medical condition may not permit the employee to safely perform the job. When the
supervisor requires such a release from the attending physician, the employee must take
his/her release to the supervisor who must then forward it to the Director of Human
Resources.
B. The City reserves the right to require an independent physical or mental assessment, at the
City's expense, upon the return to work of an employee from a disability, illness, injury, or
medical condition to determine whether the employee is able to perform the essential functions
of the job. If the independent physical or mental assessment differs from the opinion of the
employee’s attending physician and the employee disputes the City’s independent assessment, a
third physical or mental assessment by an independent physician, to be agreed upon by the
employee and the City, may be made at the City’s expense and the third opinion will be the
determinative assessment.
C. Upon return from leave within a twelve (12) week period, excluding any applicable Family and
Medical Leave, after the beginning date of a disability, illness, injury, or medical condition, an
employee who exercises any right provided under this section, if able to perform the essential
functions of the position with or without reasonable accommodation, shall:
1. return to the position held by the employee when the leave commenced; or
2. be placed in an equivalent position with equivalent benefits, pay and other terms and
conditions of employment, if the employee is on Family and Medical Leave and timely
returns to work in accordance with the Family and Medical Leave policy (107.04); or
3. be placed in a vacant position which he/she is qualified to perform.
VII. JOB REASSIGNMENT
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A. Job reassignment will be provided as follows when an employee is unable to return to his/her
current position due to a disability, illness, injury, or medical condition:
1. If a position for which the employee is qualified and physically able to do is vacant, the
employee may be considered for transfer to a job reassignment. Job reassignment will only
be considered within the twelve (12) week period, excluding any applicable Family and
Medical Leave, from the date of disability, illness, injury, or medical condition.
2. It will be the employee's responsibility to contact the Human Resources Director or his/her
designee to identify positions for which he/she may be qualified and physically able to
perform, and to request such job reassignment.
B. Should an employee be unable to return to work in his/her current position due to a disability,
the City may provide job reassignment as a reasonable accommodation in accordance with the
Americans With Disabilities Act of 1990.
C. Job reassignments are not guaranteed. Such requests will be discussed with the Director of
Human Resources and the Department Director of the hiring department before such a decision
will be made. Interviews with the hiring supervisor will be conducted. Rate of pay will be
determined by the Compensation/Classification Guidelines for the position to which the
employee is being reassigned.
VIII. MODIFIED DUTY
A. Modified duty assignments may be considered based on the following when an employee is
unable to perform the duties of his/her current position due to a disability, illness, injury, or
medical condition:
1. If a modified duty position in the department is available which the employee is physically
able to do. Modified duty status will only be considered during the twelve (12) week
period from the date of disability, illness, injury, or medical condition in addition to any
Family and Medical Leave used.
2. It will be the employee's responsibility to contact his/her supervisor and the Human
Resources Director to determine if a modified duty position for which he/she may be
qualified and is physically able to perform, is available.
B. Modified duty assignments are considered temporary and will last no longer than 120
workdays. Type and length of modified duty assignments will be contingent upon availability
and a doctor's statement indicating any restrictions in performing modified duty assignments.
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HR/POLICY/107.05
C. Modified duty assignments are not guaranteed. Such requests will be discussed with the
Department Director and Human Resources Director prior to assignment.
IX. REASONABLE ACCOMMODATION
A. Reasonable accommodation will be provided to any otherwise qualified employee with a
known disability as defined by the Americans With Disabilities Act of 1990.
B. Reasonable accommodation will be provided only when it enables the employee to perform the
essential functions of the job and it does not prove to be an undue hardship, as determined by the
Americans With Disabilities Act of 1990, to the organization.
C. Requests for reasonable accommodation must be submitted by the individual to the Director of
Human Resources or his/her designee. The requests for reasonable accommodation will be
reviewed in accordance with the City’s “American’s With Disabilities Act Policy” (100.02).
X. SEPARATION OF EMPLOYMENT
This procedure does not preclude an employee from being terminated under policy 109.01, or under
an official reduction-in-force due to budget reductions.
XI. RESPONSE HEARING PROCEDURES
The City Manager or his/her designee shall consider any response to a decision made pursuant to
this policy or any decision made by the ADA Committee. All response hearing requests must be
submitted in writing to the Director of Human Resources within ten (10) working days of the action
or decision (as outlined in "Disciplinary Appeals Policy" [109.03]).
XII. MEDICAL RECORDS
All medical records obtained pursuant to this procedure will be kept in confidential medical files as
required by the Americans With Disabilities Act of 1990.
HR/POLICY/100.02
CITY OF DENTON PAGE 1 OF 34
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
100.02
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY INITIAL EFFECTIVE DATE:
07/07/92
TITLE: AMERICANS WITH DISABILITIES ACT (ADA) LAST REVISION DATE:
04/28/2011
POLICY STATEMENT:
It is the policy of the City of Denton to provide equal access to all City sponsored services, programs, and
activities for citizens and employees with disabilities, as provided by the "Americans with Disabilities Act"
of 1990, 42 U.S.C. § 12101, et seq., as the same may be amended from time to time (the ADA). The City
will not discriminate against a "qualified individual with a disability," as this term is defined by the ADA,
with regard to job applications, hiring, advancement, discharge, compensation, training and other terms,
conditions and privileges of employment.
The City will make reasonable modifications and accommodations in policies, practices, and procedures to
ensure equal access; will provide auxiliary aids and services when necessary to provide effective
communication, and will operate its programs so that, when viewed as a whole, those programs are readily
accessible to, and useable by, individuals with disabilities.
DEFINITIONS:
Disability: For purposes of determining eligibility for a reasonable accommodation, a person with a
disability is one who has a physical or mental impairment that materially or substantially limits one or more
major life activities.
Reasonable Accommodation: A reasonable accommodation is a modification or adjustment to a job, an
employment practice, or the work environment that makes it possible for a qualified individual with a
disability to enjoy an equal employment opportunity.
Employment: The City of Denton will generally, upon request, provide appropriate aids and services leading
to effective communication for qualified persons with disabilities so they can participate equally in the City
of Denton’s employment-related activities. Examples of accommodations may include acquiring or
modifying equipment or devices; modifying training materials; making facilities readily accessible;
modifying work schedules; and reassignment to a vacant position.
Modifications to Policies and Programs: The City of Denton will make reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy its programs,
services, and activities. For example, individuals with service animals are welcomed in the City of Denton
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TITLE: AMERICANS WITH DISABILITIES ACT (ADA) REFERENCE NUMBER:
100.02
HR/POLICY/100.02
offices, even where pets are generally prohibited.
Anyone who requires auxiliary aid or service for effective communication, or a modification of policies or
procedures to participate in a program, service, or activity of the City of Denton, should contact the
appropriate ADA Coordinator (reference I below) as soon as possible but no later than 48 hours before the
scheduled event.
Undue Hardship: An undue hardship is an action that is unduly costly, extensive, substantial, or disruptive,
or that would fundamentally alter the nature of operation of the City.
ADMINISTRATIVE PROCEDURES:
ADMINISTRATIVE PROCEDURES:
I. DEFINITIONS
A. Disability - A person who has a physical or mental impairment that substantially limits one or
more major life activity. This includes people who have a history/record of such impairments,
even if they do not currently have a disability. It also includes individuals who do not have a
disability but are perceived by others as having a disability.
B. Essential Job Functions - Essential functions are those job duties that are so fundamental to the
position that the individual cannot do the job without performing them. A function can be
essential if the position exists specifically to perform that function; there is limited number of
other employees who could perform the function; or the function is specialized and the individual
was hired based on the ability to perform it. The job description is a consideration also for
determining the essential functions of the job.
C. Reasonable Accommodation – A reasonable accommodation is a modification or an adjustment to
a job or the work environment that will enable a qualified applicant or employee with a disability
to participate in the application process or to perform essential job functions.
Reasonable accommodation also includes adjustments to assure that a qualified individual with a
disability has rights and privileges in employment equal to those of nondisabled employees. See
Americans with Disabilities Act of 1990 (“ADA”), Americans with Disabilities Act Amendments
Act of 2008 (“ADAAA”) and associated regulations.
D. Undue Hardship - An "action requiring significant difficulty or expense" when considered in light
of a number of factors. These factors include the nature and cost of the accommodation in
relation to the size, resources, nature, structure of the employer's operation and the impact on the
department and the City.
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II. GUIDELINES
A. The determination of what accommodations are reasonable will be established through an
interactive process. Once an employee has requested an accommodation and medical
documentation has been received, if applicable, all necessary parties (e.g., employee, supervisor,
legal, human resources representative) shall be involved in the interactive process to determine
what, if any, accommodation(s) should be provided. If such medical certification or
documentation does not specify the existence of an ADA disability and explain the need for a
reasonable accommodation, it will be considered insufficient. Documentation also might be
insufficient where: (1) the health care professional does not have the expertise to give an opinion
about the employee’s medical condition and the limitations imposed by it; (2) the information
does not specify the functional limitations due to the disability; or (3) other factors indicate that
the information provided is not credible or is fraudulent.
The City is not required to provide a reasonable accommodation without sufficient
documentation.
Once sufficient documentation is provided, the interactive process shall include the following
steps:
1. A review of the particular position/job involved and determine its purpose and its
essential functions.
2. Consultation with the employee with the disability to find out their specific
physical or mental abilities and limitations as they relate to the essential job
functions. Identify the barriers to job performance and assess how these barriers
could be overcome with an accommodation.
3. In consultation with the employee, identify potential accommodations and assess
how effective each would be in enabling the employee to perform essential job
functions. If an appropriate accommodation is not identified, the human resources
representative may contact outside technical resources for further assistance.
4. Select the accommodation, if available, that best meets the need of employee, the
department and the City.
5. If there is a direct threat or significant risk of substantial harm to the health or
safety of the individual or others that cannot be eliminated or reduced, the
requested accommodation may not be granted.
6. Medical information obtained as part of an accommodation request is considered
strictly confidential and will be shared with supervisors and managers only on a
need to know basis. All related information shall be filed in a separate file within
Human Resources
I. IIB.. Questions concerning general ADA policy, reasonable accommodations, and grievances by
citizens or employees not resolved by the appropriate department shall be directed to one of the
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following ADA Coordinators or his/hertheir designee for resolution:
Facilities Manager – buildings and facilities owned and/or operated by the City of Denton;
City Engineer – public infrastructure; and
Director of Human Resources Compliance Specialist – employment-related matters.
The ADA Coordinator shall resolve the issue(s) or make recommendations to department heads, the
City Manager, or the City Council, as appropriate.
IIIC. In order to be qualified for a City position, an applicant must have the skills, experience, and
knowledge as reflected by the essential functions of the position with or without reasonable
accommodation. Inquiries regarding pre-employment or employment procedures, interviews, and
hiring shall be directed to the Human Resources Department for resolution. Supervisor training will
be conducted by the Human Resources Department as required to educate the supervisors of the
requirements of Title I of the ADA.
IVDII. The Building Inspections Division will, prior to issuing a building permit, advise applicants of the
need to comply with the requirements of Title III of the Americans with Disabilities Act.
IVE. When the City is given notice of a need for an accommodation, there will be an interactive process
with the requestor as outlined in the Department of Justice technical guidelines for ADA
accommodations.
VIF. The ADA does not require the City of Denton to take any action that would fundamentally alter the
nature of its programs or services or impose an undue financial or administrative hardship.
VIIIG. While an individual’s preference for an accommodation will be given consideration, the City of
Denton is free to choose among equally effective accommodations and may choose the one that is
less expensive or easier to provide.
VIIIH. The City of Denton will not place a surcharge on a particular individual with a disability, or any
group of individuals with disabilities, to cover the cost of providing auxiliary aids/services or
reasonable modifications of policy.
XVIII. All supervisors are responsible for continually monitoring and evaluating current policies,
procedures, facilities and programs to achieve and maintain compliance with this policy.
HR/POLICY/107.04
CITY OF DENTON PAGE 1 OF 8
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
107.04
SUBJECT: EMPLOYEE BENEFITS AND SERVICES INITIAL EFFECTIVE DATE:
08/05/93
TITLE: FAMILY AND MEDICAL LEAVE LAST REVISION DATE:
3/11/06 10/05/17
POLICY STATEMENT
The City of Denton shall provide authorized leave for family and medical reasons to eligible employees
in accordance with the provisions of the "Family and Medical Leave Act" (FMLA) of 1993 and its
amendments.
The purpose of this policy is to enable eligible employees to take absences from work for up to twelve
(12) weeks during a 12-month period for new child leave and/or medically-related reasons due to a
serious health condition regarding self, spouse, child or parent.
ADMINISTRATIVE PROCEDURES
I. DEFINITIONS
A. “Child” is a biological, adopted, foster, legal ward, child of a person standing in the place of a parent,
or a step-son or -daughter who is under 18 years old or who is over 18 years old and incapable of
self-care because of a mental and/or physical disability. For purposes of a child on covered active
duty or called to covered active duty, or for Servicemenmber Family leave, the child may be of any
age.
B. “Covered Active Duty” is: 1) in the case of a member of a regular component of the Armed
Forces, duty during the deployment with the Armed Forces to a foreign country; and 2) in the
case of a member of a reserve component of the Armed Forces, duty during the deployment with
the Armed Forces to a foreign country where they may become involved in military actions,
operations, or hostilities against an enemy of the United States or against an opposing military
force.
C. “Covered Servicemember” means: 1) a member of the Armed Forces (including a member of the
National Guard or Reserves) who is undergoing recuperation for a serious injury or illness; or, 2)
a veteran who is undergoing recuperation for a serious injury or illness and who was a member
of the Armed Forces (including a member of the National Guard or Reserves) at any time during
the preceding period of five years.
D. “Family leave” is approved leave for the birth of a child or placement of a child for adoption or foster
care.
C. “Health care provider” is an authorized individual who provides health care services.
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D. “Intermittent leave” is leave taken in separate blocks of time rather than one continuous period.
E. “Next of Kin” means the nearest blood relative of a Covered Servicemember.
F. “Parent” is the biological, legal adoptive or stepparent of an employee or an individual who had day-
to-day responsibilities to care for and financially supported the employee when he/she was a child.
The term does not include parents-in-law.
G. “Period of Incapacity” is an inability to work, attend school or perform other regular daily activities
due to the serious health condition, treatment therefore, or recovery therefrom.
H. “Reduced schedule leave” is fewer workdays per week or hours per workday than an employee’s
normal work schedule. For employees who work part-time or variable hours, the leave is determined
on a pro-rata basis.
I. “A Regimen of Continuing Treatment” includes, for example, a course of prescription medications
(e.g., an antibiotic or therapy requiring special equipment to resolve or alleviate the health condition).
A regimen of treatment does not include the taking of over-the-counter medications such as aspirin,
antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can
be initiated without a visit to a health care provider.
J. “Serious health condition” is an illness, injury, impairment or physical or mental condition that
involves inpatient care or any subsequent treatment in connection with inpatient care and/or
continuing treatment by a health care provider as described in the FMLA regulations.
K. “Military Caregiver Leave” is leave taken to care for a covered servicemember or veteran who
has incurred a serious injury or illness in the line of active duty in the Armed Forces.
L. “Spouse” is a husband or wife as defined by State law, including a common law marriage. Common
law spouses must provide the City of Denton with an affidavit from each spouse testifying to the
marriage relationship.
M. “Treatment” includes examinations to determine if a serious health condition exists and evaluations
of the condition. Treatment does not include routine physical examinations, eye examinations, or
dental examinations.
N. “Qualifying Exigency” includes: 1) notification of a call to covered active duty seven or fewer
days from date of deployment; 2) military events and related activities, including post-
deployment activities (e.g. official ceremonies, support programs, counseling, etc. related to
covered active duty or a call to such); 3) attending to childcare and school activities; 4) attending
to financial and legal matters; 5) to spend up to five days with a military member who is on short-
term, temporary rest and recuperation leave during the period of deployment; and, 6) any
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additional activities related to the call to covered active duty otherwise agreed to by the employer
and employee.
O. “Veteran” means a person who served in the active military, naval, or air service, and who was
discharged or released under conditions that were not dishonorable. The discharged must have
been within a five (5) year period of becoming ill or injured while serving in the line of duty.
P. “12-Month Servicemember Period” is a single 12-month period measured forward from the first
day Servicemember Family Caregiver Leave is taken.
Q. "12-Month Period" is a rolling 12-month period measured backward from the date leave is
taken.
II. Eligibility
In order to be eligible for leave under the FMLA, an employee must:
A. Have been employed for at least 12 months at any time by the City of Denton prior to the
commencement of the leave (12 months need not be consecutive);
B. Have worked for the City at least 1,250 hours during the 12-month period immediately prior to the
commencement of the leave; and,
C. Have a qualifying condition, as defined in Part III below.
III. Qualifying Conditions
A. Birth of a child or placement of a child for adoption or foster care with the employee.
B. A serious medical condition of self, spouse, parent or child consisting of any of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility,
including any period of incapacity or subsequent treatment in connection with or consequent to
such inpatient care.
2. Absence Plus Treatment
A period of incapacity of more than three (3) consecutive calendar days (including any
subsequent treatment or period of incapacity relating to the same condition), that also involves:
a. Treatment two or more times by a health care provider, by a nurse or physician’s assistant
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under direct supervision of a health care provider, or by a provider of health care services
(e.g., physical therapist under orders of, or on referral by, a health care provider); or
b. Treatment by a health care provider on at least one occasion which results in a regimen
of continuing treatment under the supervision of the health care provider.
3. Pregnancy
A period of incapacity due to pregnancy or for prenatal care.
4. Chronic Conditions Requiring Treatments
A chronic condition which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s
assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single
underlying condition); and,
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision
A period of incapacity that is permanent or long-term due to a condition for which treatment
may not be effective. The employee or family member must be under the continuing supervision
of, but need not be receiving active treatment by, a health care provider. Examples include
Alzheimer’s, a severe stroke, or terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery
therefrom) by a health care provider or by a provider of health care services under orders of, or
on referral by, a health care provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of incapacity of more than three (3)
consecutive calendar days in the absence of medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).
IV. Types of Leave
A. Leave to care for a child following the child's birth, adoption, or placement in foster care
with the employee;
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B. Leave to care for an immediate family member (spouse, child, or parent) of the
employee if such immediate family member has a serious health condition;
C. Leave due to employee's own serious health condition that makes the employee
unable to perform the essential functions of his/her position;
D. Leave necessary for an employee to attend to a qualifying exigency arising out of the
fact that the employee’s spouse, child, or parent is on covered active duty or has been
notified of an impending call or order to covered active duty in the Armed Forces.
E. Leave to care for such covered Servicemember who incurred a serious injury or illness
in the line of active duty in the Armed Forces (hereafter referred to as
“Servicemember Family Caregiver Leave.”
Note: All injuries covered by workers’ compensation or long-term disability that also constitutes a
“serious health condition” will be designated as FMLA leave. Please contact the designated
representative for more information.
V. Duration of Leave
A. Leave Maximum
1. Twelve (12) workweeks of leave during a 12-month period (known as the “leave year” for
all types of leave)
Exceptions: Military Caregiver Leave
a. Eligible employees who are the spouse, child, parent, or next of kin of a covered
Servicemember are entitled to up to 14 weeks of additional leave during a single 12-
Month Servicemember Period (for a total of 26 weeks if combined with other FMLA
leave).
b. Available leave not taken during the 12-month Servicemember Period, which begins on
the first day of leave is taken, will be forfeited.
c. No more than 26 weeks of leave may be taken in a single 12-Month Servicemember
Period, and no additional extended leaves may be taken in other years for the same
injury or illness.
d. If married spouses both work for the City, their total Servicemember Family Caregiver
Leave may be limited to an aggregate of 26 weeks.
2. If an employee has accumulated sick or vacation time or “comp time” (if eligible), he/she
must take paid leave first until paid leave is exhausted. The balance of the employee’s
FMLA entitlement will be provided without pay.
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a. An employee on medical leave must first use accumulated sick leave. When the sick
leave is exhausted, an employee must then use any accumulated vacation time.
b. Upon the approval of family leave, an employee may choose to first use accumulated
sick leave. When sick leave is exhausted, an employee must then use any accumulated
vacation time. If an employee on family leave does not choose to use accumulated sick
leave, the employee must use any accumulated vacation leave.
3. When both spouses are employees of the City, they are entitled to a total combined twelve
(12) weeks for family leave to care for a newly born or placed child and/or medical leave to
care for a parent with a serious health condition. Each employee separately, however, is
entitled up to twelve (12) weeks total leave for a medical leave due to a serious health
condition of self, spouse or child.
4. A paid holiday occurring during a week of FMLA leave has no effect on FMLA time used
and is still counted as FMLA leave.
B. “Leave Year”
1. The City uses a “rolling” 12-month period measured backward from the date an
employee uses any leave under the FMLA.
2. For Military Caregiver Leave, the City uses a “12-Month Period” which is a single
12-month period beginning on the first day the employee takes leave for this reason and
ends 12 months later.
C. Reduced Schedule/Intermittent Leave
1. Family leave may be used intermittently but only with approval from the employee’s
supervisor and it must be completed within twelve (12) months of the date of birth or
placement of the child.
2. Medical leave to care for a seriously ill family member or because of the employee’s serious
health condition may be used intermittently or on a reduced schedule if all of the following
apply:
a. Must be medically necessary;
b. The employee must present a medical certification; and
c. The employee must consult with his/her supervisor and make a reasonable effort to
schedule foreseeable leave so as not to unduly disrupt the department’s operations.
3. The City may transfer the employee temporarily to an alternative job with equivalent pay
and benefits that accommodates recurring periods of leave better than the employee’s regular
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job.
4. Intermittent and reduced schedule leave absences will be measured in one-half (1/2)15
minute hour increments.
VI. Coordination of Benefits
A. During approved FMLA leave, the City will continue to pay the employee’s portion of the health
insurance premium. The employee is required to pay health insurance premiums for any dependent
coverage, through payroll deduction or personal finances. The employee is also responsible for other
benefit premiums normally taken from his/her paycheck.
B. Vacation/bonus time, sick leave, and longevity benefits will not accrue during an employee’s unpaid
FMLA leave status. The employee will not receive death in the family leave pay, holiday pay, or
any other paid benefit during an unpaid consecutive FMLA leave status. These benefits will resume
upon the employee’s return to work. Provided the employee is being paid because the employee has
accrued time
C. The FMLA policy is administered concurrently with all other relevant City policies. For questions
regarding sick leave, holiday pay, death in the family leave, vacation/bonus time, and longevity pay,
personal leave without pay, off-duty injury or illness and/or occupational injury benefits, please see
the specific policy for details.
VII. Notification by Employees
A. If the need for leave is foreseeable, an employee must give at least a 30-day notice (oral or written)
of his/her desire to take family and/or medical leave. The City may delay the requested leave for up
to thirty (30) days after the notice is provided to the City if an employee fails to give adequate notice
of foreseeable leave.
B. If the need for leave is unforeseeable, an employee must give notice as soon as practicable.
Typically, this is within one or two working days of learning of the need for leave, except in
extraordinary circumstances where such notice is not feasible.
C. C. If the City had not been made aware that an employee was absent for FMLA reasons and
the employee wants the absence counted as family or medical leave, the employee must give notice
within two business days of his/her return to work that the leave was taken for an FMLA-qualifying
reason.
C.D. Employees are required to follow department call-in procedures.
VIII. Paperwork and Timelines
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A. All FMLA leave, including intermittent leave, must be documented on the “Family and Medical
Leave Request” form through the on-line timekeeping system and will be charged against the
employee’s FMLA entitlement.
B. In addition to a completed “Family and Medical Leave Request” form, aAn employee requesting
leave for medically related reasons must also provide medical certification by submitting a
completed “Certification of Health Care Provider” form when requested to do so by the City of
Denton.
1. If the City has reason to doubt the validity of a medical certification provided by an employee’s
health care provider, the City may require the employee to obtain a second opinion at the City’s
expense from a health care provider chosen by the City. If the first and second opinions differ,
a third opinion from a health care provider chosen jointly by the City and the employee may be
requested at the City’s expense. The third opinion is final and binding.
2. The City may request re-certification during an employee’s approved FMLA leave, although
such re-certification will not be more often than every thirty (30) days.
C. All necessary paperwork must be completed and returned to the Human Resources department
within fifteen (15) calendar days of the employee receiving the paperwork. If an employee fails to
provide medical certification in a timely manner, the City may deny the leave request until
certification is submitted.
D. During approved FMLA leave, the City may require an employee to periodically report to his/her
supervisor about the employee’s status and intent to return to work.
IX. Other Employment
Provided an employee is absent due to consecutive FMLA leave for a medical condition and the
employee asserts they are unable to perform their job duties, the employee is prohibited from engaging
in outside employment that would conflict with any medical restrictions.
X. Return to Work
A. If an employee is out due to a serious health condition of self, he/she must provide a “Return-to-
Duty Certification” completed by the employee’s health care provider at the time the employee
returns to work. If an employee fails to provide return-to-duty certification, the City may deny job
restoration until the certification is submitted.
B. When the employee returns to work the employee will return to an equivalent position with
equivalent benefits, pay and other terms and conditions of employment, in accordance with FMLA
regulations.
XI. “Key Employee” Exemption
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: FAMILY AND MEDICAL LEAVE REFERENCE NUMBER:
107.04
HR/POLICY/107.04
A. A “key employee” is a salaried employee (exempt from the minimum wage and overtime
requirements of the Federal Labor Standards Act as an executive, administrative or professional
employee) who is among the highest paid 10 percent of all the City of Denton’s employees. The
determination whether an employee is among the highest paid 10 percent of the City’s employees is
determined from the time the employee first gives notice of the need for leave.
B. Where restoration of a key employee to his/her position at the end of his/her leave will cause
substantial and grievous economic injury to the City’s operations, the City may refuse to reinstate a
key employee.
C. In the event that restoration of a key employee would cause the City substantial and grievous
economic injury to the City’s operations, the employee will be notified in writing of his/her status
as a key employee, the reasons for denying job restoration and will further be provided a reasonable
opportunity to return to work after so notifying the employee. The City of Denton shall determine
in its sole discretion, what constitutes substantial and grievous economic injury to its
operations.
Department of Labor regulations governing the FMLA are available for review at the Human
Resources dDepartment. Employees who fraudulently misrepresent themselves and/or
circumstances regarding this policy will be subject to disciplinary action. If there is any language
in this policy that conflicts with the federal statute, the language in the federal statute will be the
controlling language.
HR/POLICY/111.07
CITY OF DENTON PAGE 1 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
111.07
SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE:
TITLE: NON-FMLA MEDICAL LEAVE LAST REVISION DATE:
POLICY STATEMENT
Employees who do not meet the eligibility requirements of the Family and Medical Leave Act (FMLA),
or who have exhausted FMLA benefits, may request Non-FMLA medical leave (“medical leave”). This
leave is only available for an employee’s own serious medical condition. All sick and vacation accruals
will run concurrently with the leave. This policy may run concurrently with ADA, where applicable.
ADMINISTRATIVE PROCEDURES
A. Medical leave granted under this directive will be with pay provided the employee has accrued
balances (e.g. sick and/or vacation accruals).
B. Medical Leave
1. An employee who has exhausted leave under the FMLA and who continues to suffer from a
serious health condition may request medical leave under this directive.
2. All requests for medical leave due to an employee’s own medical condition must be in writing and
requires the approval of the Human Resources Director or designee.
3. The employee may be required to provide a medical certification from their treating physician
in support of the employee’s request for a medical leave.
C. Application: Medical Leave
1. Approval of medical leave will be based on the medical certification, departmental business
needs, and any other relevant factors.
2. Prior to employee taking the leave, it must be authorized by the employee’s supervisor and
Human Resources.
D. Employee’s Responsibilities
1. Sufficient and Accurate Information: Employees must give sufficient and accurate information so
PAGE 2 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: NON-FMLA MEDICAL LEAVE REFERENCE NUMBER:
111.07
HR/POLICY/111.08
that a determination can be made as to the employee’s eligibility for a medical leave under this
directive.
2. Notice: Employees must provide their supervisor with advanced notice as practicable and in
accordance with the Department’s normal call-in procedures for leave. Provided the employee has
advanced notice that employee will have to be out on leave, employee should give the City thirty
(30) days advanced notice or as much notice as possible, when the leave is foreseeable.
3. Compliance with Call-In Procedures: Employees must comply with their Department’s normal
call-in procedures for reporting absences, tardiness, and requesting leave, e.g., making contact with
the appropriate supervisor by a certain time. Employee may be subject to disciplinary action in
accordance with City policy provided the employee fails to comply with the Department’s normal
call-in procedures and is unable to provide an explanation that warrants no disciplinary action.
4. Medical Certification: In all instances where the Human Resources (HR) Director, or designee,
requests a medical certification from an employee, it is the employee’s responsibility to provide a
complete and sufficient medical certification supporting the need for the City to grant such leave
due to a medical condition. The certification must set forth the beginning and ending dates of the
medical leave, the duration of the treatments resulting in the need for either consecutive or
intermittent leave, and the expected return to work date.
a. Second/Third Opinion: In some instances, the HR Director, or designee, may require a second
or third medical opinion (at the City’s expense).
b. Recertification: the HR Director, or designee, may request the employee to periodically
recertify the need for medical leave.
E. Continuation of Benefits
1. Health Insurance: During any period of an approved medical leave under this policy, the City
will continue to pay its portion, if any, of the insurance coverage for the employee on the same
terms as if the employee continued to work. However, the employee must timely pay their
portion of the insurance premiums. Provided the employee fails to pay their portion timely, the
City will cease paying its portion until the employee makes the payments or returns to work.
The City may recover premiums it paid to maintain coverage for the employee who failed to
return to work.
2. Benefits Accruals: Vacation/bonus time and sick leave will not accrue during an employee's
unpaid leave status. Employees will not receive death in the family leave pay, holiday pay, or any
other paid leave benefit during an unpaid leave status. These benefits will resume upon the
employee's return to work.
3. Retirement Contributions: Contributions to the retirement fund will cease when an employee is
on unpaid leave and will resume upon the employee’s return to work.
PAGE 3 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: NON-FMLA MEDICAL LEAVE REFERENCE NUMBER:
111.07
HR/POLICY/111.08
4. Compensation: If an employee does not perform their job duties for three (3) consecutive
months or longer, performance increases may be pro-rated.
F. Other Employment
Provided an employee is absent due to consecutive medical leave, and the employee asserts they are
unable to perform their job duties, the employee is prohibited from engaging in outside employment
that conflicts with their medical restrictions.
G. Misuse of Leave
An employee who misuses or fraudulently obtains medical leave will be subject to disciplinary
action including, but not limited to, dismissal of City employment. An employee failing to return
from medical leave on the specified date, without notifying the approving authority and receiving
approval for a leave extension, may be considered to have abandoned their job as outlined in policy
110.01 (Absenteeism/Tardiness).
HR/POLICY/111.08
CITY OF DENTON PAGE 1 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
111.08
SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE:
11/05/85
TITLE: PERSONAL LEAVE WITHOUT PAY LAST REVISION DATE:
08/25/03
I. POLICY STATEMENT
In special circumstances, supervisors may consider granting additional absence to
employees for medical, emergency, legal, educational or any other legitimate purpose personal to the
employee once the employee has exhausted all appropriate accrued leave. A personal leave of absence is
approved time off without pay. Employees requesting such leave may be obligated to show that granting such
leave will not work cause an undue hardship on the appropriate operating department.
Primary considerations for leave approval include vacation, sick, and compensatory
time accruals of the employee, and the legitimacy of the request.
Supervisors authorizing personal leaves of absence may be required to submit an
explanation to the Department Director and/or the Human Resources Department as to why compensatory
time, vacation time, or similar accrual was not used by the requesting employee. The circumstances resulting
in the leave authorization may also be required in the explanatory report.
Approval of personal leave protects the employee's position with the City for a specific period
of time.
Categories of personal leave are as follows:
Immediate - one hour to two consecutive work days.
Short-term - more than two consecutive work days to five consecutive work days.
Long-term - more than five consecutive work days to less than twenty consecutive work
days or thirty consecutive calendar days (whichever is less).
Extended - more than twenty consecutive work days or thirty consecutive calendar days
(whichever is less).
(For purposes of definitionthis policy, a work day is defined as eight hours for most employees;
for employees working twelve hour shifts, a work day is twelve hours.)
PAGE 2 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: PERSONAL LEAVE WITHOUT PAY REFERENCE NUMBER:
111.08
HR/POLICY/111.08
II. ADMINISTRATIVE PROCEDURES
A. All personal leave without pay, excluding immediate, must be in writing on the approved leave of
absence form. Any personal leave without pay exceeding five consecutive work days will may require
the approval of the Department Directorhead and written notification to the Human Resources
Department (i.e., a completed leave of absence form and a status change form).
B. Personal leave without pay will not be granted if an employee has accrued leave balances. An
employee must exhaust all applicable time before leave without pay is granted.
a. If the employee is requesting personal leave for a matter related to a medical condition of the employee
or any of the employee’s family members as defined in the City’s Sick Leave policy (no.
111.01), the employee’s accrued sick leave, as well as vacation or bonus time and, in the case of
non-exempt employees, accrued compensatory time, must be exhausted before the employee
will be placed on personal leave without pay. (When the medical condition is one covered by
the Family and Medical Leave Act (FMLA) and the City’s policy 107.04, FMLA leave will run
concurrent with all paid leave as well as any personal leave without pay.)
b. If the reason for the request is not related to a medical condition, the employee’s accrued vacation or
bonus time, as well as compensatory time for non-exempt employees, must be exhausted before
the employee will be placed on personal leave without pay.
BB. On requests for immediate leave of absence, it is the supervisor's responsibility to
explore the legitimacy of the request upon the employee's return to work to determine if the leave is to
be authorized. Approval of long, short, and extendeda personal leave of absence will be based on the
employee's work load, needs of the department, the degree of advance notice given prior to the
expected start of the leave, the legitimacy of the request,, and the vacation, sick, and/or compensatory
time accruals of the requesting employee, and any other relevant considerations. All leave longer
than thirty (30) calendar days or twenty (20) workdays in durationextended leave requires approval
from the Department Director head and the City Manager or his/hertheir designee.
C. Continuation of Benefits
1. C. Health Insurance: During any period of approved leave under this policy, the City will
continue to pay its portion, if any, of the insurance coverage for the employee on the same terms as
if the employee continued to work. However, the employee must timely pay their portion of the
insurance premiums. Provided the employee fails to pay their portion timely, the City will cease
paying its portion until the employee makes the payments or returns to work. The City may
recover premiums it paid to maintain coverage for the employee who failed to return to work.
PAGE 3 OF 3
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: PERSONAL LEAVE WITHOUT PAY REFERENCE NUMBER:
111.08
HR/POLICY/111.08
2. Benefits Accruals: Vacation/bonus time and, sick leave, and longevity benefits will not accrue
during an employee's long-term or extended unpaid leave status. Employees will also not receive
death in the family leave pay, holiday pay, or any other paid leave benefit during a long-term or n
extended unpaid leave status. These benefits will resume upon the employee's return to work.
3. Retirement Contributions: Contributions to the retirement fund will cease when an employee is
on unpaid leave and will resume upon the employee’s return to work.
1. Sick leave accruals held by an employee prior to the unpaid leave status will be maintained if the employee
is not seeking leave for a medical reason.
2.
D. An employee returning to work from a personal leave without pay status extending thirty (30)
calendar days or twenty (20) work days or more will receive an adjusted longevity date.
4. E. If an employee
does not perform his/hertheir job duties for three (3) consecutive months or longer, performance
increases willmay be pro-rated as outlined in the Compensation/Classification Guidelines Manual.
FD. Misrepresentation of the purpose for personal leave by the requesting employee may result
in cancellation of the leave and disciplinary action up to and including dismissal. An employee failing
to return from personal leave on the specified date, without notifying the approving authority and
receiving approval for a leave extension, will may be considered to have abandoned their job as
outlined in policy 110.01 (Absenteeism/Tardiness). subject to termination for job abandonment. A
supervisor may rescind termination if the employee or the employee’s representative provides
reasonable, written explanation for failure to notify, but no later than one week after the failure to
return.