P-13 Unpaid Leave of Absence

HELEN M. PLUM MEMORIAL LIBRARY

P-13 Unpaid Leave of Absence [FORMERLY P-6]
Adopted by the Library Board of Trustees, December 11, 2018.

The purpose of a leave of absence without pay is to enable employees to receive extended time away from work for specific reasons. 

Types of Leave of Absence

Family and Medical Leave 
The Library abides by the Family and Medical Leave Act of 1993. Employees who are eligible are those who have been employed by the Library for at least 12 months and who have worked for at least 1,250 hours during the 12 month period preceding the leave. Eligible employees are entitled to a maximum of 12 workweeks of unpaid leave days during any 12 month period for one or more of the following: 

A.    the birth of a son or daughter of the employee and in order to care for such son or daughter
B.    the placement of a son or daughter with the employee for adoption or foster care
C.    to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition
D.    a serious health condition that makes the employee unable to perform the functions of the position of such employee
E.    any qualifying need (as the Director shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation

Eligible employees are entitled to 26 workweeks of military caregiver leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.

Eligible employees who have any accrued paid vacation, personal business time or sick leave may use all such paid leave and substitute it as a part of the 12 weeks of unpaid leave available under this policy for any of the purposes stated in subparagraphs A, B and C above.

The 12 month period in which the 12 week leave entitlement occurs shall be a rolling 12 month period measured backward from the date an employee uses any FMLA leave. Thus, each time an eligible employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.  

Eligible employees may not take leave intermittently or on a reduced hour schedule for any of the purposes stated in subparagraphs A and B above and any leave taken under those subparagraphs must be taken within the 12 month period beginning on the date of birth or placement for adoption.

Eligible employees may take leave under this policy intermittently or on a reduced hour schedule for any of those purposes stated in subparagraphs C and D above, provided that it is medically necessary to do so. The Library District will require proper certification from a health care provider for any leave requested for the purposes stated in subparagraphs C and D above.

Victim’s Economic Security and Safety Act Leave

The Library will comply with the Illinois’ Victim’s Economic Security and Safety Act (VESSA) which provides unpaid leave to an employee who is a victim of domestic or sexual violence or whose family or household member is a victim.

Military Leave of Absence

An unpaid military leave of absence may be granted to any full-time staff member who volunteers or is called to active military duty in a branch of the U.S. Armed Forces during time of war or other declared national emergency or who is ordered to active duty in the organized reserve, National Guard, or selective service system at any time. If the employee is found physically and mentally capable of performing his previous position, the employee will be reinstated to said position within the Library, or a comparable position with no loss of salary. All military service shall be considered as continuous service with the Library.

Any full-time employee who is a member of the armed forces reserve of National Guard shall be allowed a leave of absence with pay to attend a military training session, providing necessary official orders are presented to the Director. Said employee will receive the difference between his/her base military pay and his/her regular pay while on military reserve duty upon presenting his/her military pay voucher to his/her department head. Military reserve duty will not be counted against any accrued vacation or sick leave. Military leave shall be provided as required by any applicable state or federal law.

Personal Leave of Absence

An unpaid personal leave of absence for a non-probationary employee may be granted at the discretion of the Library Director. Length of a personal leave of absence would not typically exceed 30 calendar days. To be eligible, an employee must have maintained a satisfactory record of employment with the Library for a minimum of one year.

General Conditions for all Leave of Absence types 

• Requests for Leave of Absences must be submitted in writing to the Director at least thirty (30) days prior to the commencement date, except when medical or personal conditions make such a requirement impossible. The request should state the reason(s) for the proposed leave, the date of departure from employment and the estimated date of return to employment.
• Leaves of absences are granted with the understanding that they are leaves of absence from the Helen Plum Memorial Public Library District and not necessarily from a particular position.
• Upon return from any leave provided under this policy, the employee shall maintain all seniority and benefits accrued as of the commencement of the leave. The employee shall be reinstated to the position the employee held at the commencement of the leave or an equivalent position provided, however, an employee on leave under this policy shall be subject to lay-off or dismissal on the same terms and conditions as are applicable to employees who are not on leave. The Library can deny restoration to a salaried employee who is among the highest paid 10% of employees employed by the Library within 75 miles of the facility at which the employee is employed, if: 
  • The denial is necessary to prevent substantial economic injury to the Library’s operations; and
  • The Library District notified the employee of the intent to deny restoration at the time of the Library determined that such economic injury would occur.
• No loss of service credit with the Library will occur as a result of the leave of absence, but no benefit credit will be accrued toward vacation, personal, and sick leave entitlement for the duration of the leave.
• Holidays which fall on an unpaid leave of absence day are not paid.
• Employees on leave of absence may keep their group hospitalization active by agreeing to pay their portion of the group rate currently being charged them. If the employee takes more than 15 days of unpaid leave of absence in a calendar month, and wishes to continue his or her health and life insurance, they must pay the premiums for that month. After that period, the individual may arrange for conversion to an individual policy and rate to the extent provided under the insurance policy in force at the time of conversion.
• Extensions of leaves of absence are only upon request and approval of the Board of Trustees, through the Director. No leave of absence beyond one year shall be approved and any employee who is absent from work for any reason for a period of one year shall be terminated.
• Employees on leave of absence must notify the Director at least two weeks prior to the end of their leave of their availability for return to work.
• In the case of a leave of absence for medical reasons, the supervisor reserves the right to require a note from the sick employee’s doctor stating that it is medically appropriate for him or her to return to work.
• An employee’s failure to return from leave of absence at the agreed upon time will be considered a voluntary termination of employment.

Utilizing Illinois Municipal Retirement Fund disability benefits is considered the same as unpaid leave of absence, for the purpose of determining continuation of benefits.