LEAVE OF ABSENCE WITHOUT PAY

 PURPOSE:

To provide the standards and methods for employees to obtain a leave of absence when necessitated by personal illness, or personal reasons.

Leave of Absence without pay is defined as an approved and authorized special leave of absence for a stated period to time without pay. This represents a privilege and the request shall be reviewed carefully because of potentially adverse effects on staff coverage and service to our residents.

PROCEDURE:

A. An LAW may be granted for: Personal illness when sick leave is exhausted; for maternity; illness requiring the employee's attendance of a member of the employee's immediate family as defined by Title 4 Department of Personnel. Other situations as provided for and governed by contractual agreements.

B. LAW's shall not be granted for a period of less than ten (10) working days.

C. A request for a Leave of Absence must be submitted, in writing, to the department head/supervisor as early as possible, preferably no later than one (1) month before the requested beginning date of the leave.

 

1. If the request is for medical reasons, a doctor's certificate, or CS-68 Forms, must be attached to the request, and must include:

a. Name of employee b. Period to time of the illness or disability c. Cause of the disability d. Date the employee can be expected to return to work without restrictions. e. Signature of the physician or practitioner.

2. Leave for reasons other than medical reasons must give a full explanation for the need of a leave. 3. An LAW request made by telephone or relative for the employee must be supported in writing within one (1) work day or as soon as physically possible. If written notice cannot be given within one (1) work day an explanation and request for extension must be made within one (1) work day and approved by the Personnel Officer.

D. All request for LAW's shall be submitted to the employee's iimmediate supervisor. The department head will make his/her recommendation as to approval or denial of the request. The following guidelines may be used for consideration in approving an LAW request:

 

1. Input on staffing coverage of the particular unit, and, can the facility permit the loss of the employee for the period of LAW. 2. Employee's length of continuous service. Provisional and temporary employees are limited to a period not exceeding sixty (60) days. 3. Previous LAW's granted within the past two years and the employees attendance record during this period. 4. P.A.R. Rating 5. Disciplinary actions within the past twelve-month period. 6. Unusual and/or extenuating circumstances which the employee submits to substantiate granting the leave.

E. The department head will make his/her recommendation as to approval or denial of the request based on the criterion stated in #4 above, this shall be done via the "Request for Leave of Absence" Form. This recommendation along with the employee's written request and the completed doctor's certificate, or CS-68 Form, will be forwarded to the Personnel Office. The submission of a doctor's certificate will not automatically entitle the employee to an LAW but will be one of several factors considered.

F. The Personnel Officer shall determine the following:

 

1. Whether or not a leave is required for the time requested. 2. If so, is there justification for a leave. 3. Does the request comply with existing Department of Personnel and contract guidelines.

G. The Personnel Officer will notify the employee in writing of the decision with a copy to the department head/supervisor.

H. Leave of Absence Without Pay, when approved, will initially be granted for a period which would seem appropriate to cover the  expected absence as indicated on the doctor's certificate or personal request. However, Department of Personnel regulations limit LAW's for a maximum of one (1) year.

I. In cases of pregnancy, employees must notify their department head as soon as they are aware of their pregnancy, and submit a doctor's certificate indicating the expected date of delivery.  Should the employee wish a maternity leave, a request in writing must accompany the doctor's certificate. Employees will be notified by the Personnel Office as to the last day they may work.

J. If an extension on the LAW is required, the request must be received, in writing, at least two weeks prior to the expiration of the original Leave of Absence. A doctor's certificate from the employee's personal physician must accompany all extension request. All request for an extension will be subject to the same considerations that were applied to the original LAW request. If a request for an extension is submitted less than two (2) weeks, an explanation of why must be provided.

K. Upon return from a medical or pregnancy LAW, a doctor's certificate from the employee's physician must be presented to the NJ Veterans Memorial Home Facility Medical Director authorizing the employee to be able to return to full duties.

L. Disagreement on approval/denial of LAW will be resolved by the Chief Executive Officer, Assistant Chief Executive Officer and Executive Assistant with consultant from the department head, the Personnel Officer and the Employee Relations Officer.

PERSONNEL  - 43-03-010

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