1006 Absence from Work

“Immediate family” means the employee’s spouse, child, parent, grandparent grandchild, brother, and sister, including active step and in-law relationships. Immediate family also includes any other person who resides in the employee’s household and is recognized by law as a dependent of the employee.

“Workday” means a day an employee is regularly scheduled to work.

Temporary employees,

Hourly employees, and,

Active, salaried, non-temporary employees who are rehired retirees of the Employees' Retirement System of Georgia while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

Full-time employees:

Eligible employees begin accruing annual leave at the appropriate higher rate on the first day of the pay period after completing the required months of continuous service.

The “length of continuous service” begins on the first day an employee reports for work in a position entitled to earn leave. Accrual is based on continuous, unbroken service. If there is a break in service, the "length of continuous service" starts over on the date of rehire, and employees begin to accrue annual leave at the lowest semi-monthly accrual rate.

When the first day of the pay period is a regularly scheduled non-workday and an employee reports to work on the first workday of the pay period, the length of continuous service is calculated from the first day of the pay period.

Eligible part-time employees accrue annual leave at the end of each semi-monthly pay period at the rates specified for full-time employees prorated by the percentage of time worked. (e.g., An employee in pay status for thirty [30] hours per week accrues 75% of the full-time accrual amount.) Leave is carried to three (3) decimal places.

The leave is for an unscheduled/emergency absence,

The DHS organizational unit is short staffed or has a major assignment pending, or,

The employees are under the restrictions of an Attendance Plan.

workloads,

deadlines,

priorities,

office coverage, and,

leave requested by other employees.

disrupt work schedules,

leave an office uncovered,

inconvenience the work force or public, or,

contribute to employees' not meeting performance expectations.

Emergency annual leave requests should be reviewed on a case-by case basis. Supervisors are to determine whether the absence will be charged to annual leave or unauthorized leave without pay.

temporary employees,

hourly employees, and

Active, salaried, non-temporary employees who are rehired retirees of the Employees' Retirement System of Georgia while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

Personal illness or disability,

Exposure to contagious disease, when attendance on duty would endanger the health of others,

Dental or medical care; and,

Dental or medical care, illness, accident, or death in the immediate family which requires the employee’s presence. “Immediate family” means the employee’s spouse, child, parent, grandparent, grandchild, brother, and sister, including active step and in-law relationships. Immediate family also includes any other person who resides in the employee’s household and is recognized by law as a dependent of the employee.

In order to substitute sick leave for annual leave, employees must submit a request to their supervisor within two (2) weeks of returning to work.

A statement from their health care provider that justifies the use of sick leave may be required.

Satisfactory evidence may include a Certification of Serious Health Condition Form, or other medical statement with similar information, completed by the attending health care provider when the reason for leave qualifies as a serious health condition under family and medical leave.

Employees cannot be required to provide evidence for use of fewer than 17 hours of sick leave in a 30-calendar day period unless they have demonstrated excessive or abusive use of sick leave.

Frequent use of sick leave in conjunction with holidays, scheduled off days or paydays,

Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak workload,

Requesting sick leave for an absence for which annual leave previously been denied,

Frequent occurrences of illness during the workday,

Peculiar and increasingly improbable excuses,

Repetitive use of fewer than 17 hours of sick leave in 30 calendar day periods; and,

Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave (e.g., Attendance Plan).

Excessive or abusive use of sick leave (See Section I),

Failure to follow procedures for reporting the absence or requesting the use of leave; or,

Falsification of documents.

approving use of accrued leave,

approving a leave of absence without pay,

allowing an employee to return from leave with pay, or

allowing an employee to return from a leave of absence without pay.

The employee may be allowed to use accrued leave.

The employee may request and be granted an authorized (regular) or contingent leave of absence without pay.

The employee may be referred to a treatment program.

the leave is for an unscheduled/emergency absence,

the DHS organizational unit is short staffed or has a major assignment pending, or,

the employees are under the restrictions of an Attendance Plan.

Lump sum pay is paid for all accrued and unused annual leave. Any accrued sick and personal leave balances are lost.

Any previously accumulated and unused sick leave will be restored,

Any forfeited leave accumulated at the time of the staff reduction will also be credited to employees, but can only be restored and used under the conditions identified in Section N; and,

The period of absence between the date of separation and the date of re-instatement or re-employment will not be considered a break in service for the purpose of graduated leave accrual.

Employees who are absent with supervisory approval, but do not have accrued leave to cover their absence, are to be placed in a non-pay status for the period of absence.

Employees who are absent with supervisory approval and choose not to use available paid leave are to be placed in a non-pay status for the period of absence.

Employees who are absent without supervisory approval are to be placed in a non-pay status instead of allowing them to use accrued leave for the period of absence. Employees absent without approval are subject to disciplinary action, up to and including separation.

FLSA exempt employees can be placed on Short-term/Other Leave Without Pay for absences from work, as indicated above.

The act of placing an employee on unapproved leave without pay is not, in and of itself, considered a disciplinary action.

Employees must return to work;

Appropriate leave or leave without pay must be requested and approved;

Leave of Absence Without Pay must be requested or,

Employees must be terminated from employment.

Employees are to submit written requests for leave without pay to their supervisor. The request must include the following information:

Clarification may be required from the employee prior to a determination being made on the request for leave without pay.

Requests for leave without pay will be reviewed and determinations made based on the following:

Supervisors are to provide written decisions to employees concerning requests for leave without pay in ten business days.

If leave without pay is approved, the notification is to specify the terms and conditions of the approval, including the following:

attending school (unless attendance is short-term and directly benefits DHS);

relocation,

incarceration; or,

accepting another job.

If a leave of absence is approved, the position which the employee occupied, or a position of equal grade and pay is held for the employee’s return.

At the expiration of a leave of absence, the employee will be returned to work without loss of any rights, if the employee has complied with the terms and conditions outlined in the notice of approval.

Due to the needs of DHS organizational units for maintaining coverage, requests for leave of absence should be closely reviewed in accordance with the provisions of DHS Policy #1005: Family and Medical Leave.

If a contingent leave of absence is approved, the position which the employee occupied is not held.

The DHS organizational unit may fill the position from which an employee is on a contingent leave of absence.

The employee may return to work only if a "suitable vacancy," as defined in the notice of approval, is available at the expiration of the leave.

Since contingent leave of absence does not guarantee an employee the right to return to work at the expiration, it may not be considered a reasonable accommodation under the Americans with Disabilities Act, as amended.

When absence from work is due to a family and medical leave qualifying reason, employees should be placed on available family and medical leave (with or without pay) prior to placement on leave of absence.

If family and medical leave has been exhausted or is otherwise not available, employees may request leave of absence.

If family and medical leave has already been granted and used, requests for additional leave will be reviewed in accordance with the provisions of DHS Policy #1005: Family and Medical Leave.

If a supervisor wants to request that an employee undergo a medical examination (physical and/or psychiatric), it must be approved by OHR. The manager should notify the OHR Deputy Director. The OHR Deputy Director must notify the OHR Deputy Commissioner for final approval.

This examination may be required prior to:

The only OHR official who can authorize medical examinations is the OHR Deputy Commissioner.

For circumstances outlined under Section 8(a), an employee is required to authorize the release of the results of the medical examination to OHR. The results are confidential and are to be shared with individuals only on a "need to know" basis as determined by OHR.

Upon receipt of the results, a determination regarding the employee’s request for use of leave, a leave of absence, or return to work will be issued.

If it is determined the employee will not be allowed to return to work, appropriate action, which includes but is not limited to, the following should be taken.

If it is determined the employee will return to work, the employee may return to perform the essential functions of their job, with or without reasonable accommodations.

Employees who are absent from work due to work-related injuries, illnesses and/or exposures to occupational disease covered under Workers' Compensation may request to be placed on Workers' Compensation-funded leave or the employee can utilize their accrued leave. Employees cannot receive both Workers' Compensation payments and their normal salary. The employee must complete the Leave Election Form and submit it to their designated Workers' Compensation claims specialist. The Leave Election Form can be found as an attachment to DHS Policy #1702: Leave and Payment for Workers' Compensation and Special Injury Claims.

While on leave of absence without pay, employees may maintain their health insurance coverage through the State Health Benefit Plan and their flexible benefits through Georgia Breeze.

Employees with at least one year of participation in the Group Term Life Insurance Program under the Employees' Retirement System (ERS) may retain coverage while on leave of absence without pay. A request to continue coverage must be made in writing to ERS prior to beginning the leave of absence without pay. Coverage terminates if this written request is not filed.

Employees who accept employment outside of State government or who are on active duty with the Armed Forces are not eligible to continue coverage.

Regular and contingent leave of absence without pay should be approved for short periods of time unless specific circumstances support approving a longer absence. Approval cannot exceed 12 months.

A continuous leave of absence without pay may include any combination of the following:

State compensatory time is time off from work earned by non-exempt employees who are in pay status for more than 40 hours during a seven-day FLSA work period but have not actually worked more than 40 hours during the work period (See Attachment #1). When non-exempt employees work more than 40 hours during an FLSA work period, the provisions of the Fair Labor Standards Act apply.

State compensatory time does not apply when employees are required to work on a holiday.

The employee’s schedule may be adjusted by the manager by scheduling time off for the employee prior to the end of the FLSA work period to avoid the accrual of state compensatory time (as applicable).

If accrued leave was used during the work period, the amount of accrued leave charged may be adjusted by the manager if the adjustment is made prior to the end of the FLSA work period and if the adjustment will not result in the employee losing personal leave. The employee must be advised of any adjustments.

Allow the employee to accrue state compensatory time (as applicable).

FLSA non-exempt employees accrue state compensatory time (as applicable) on a “straight-time” basis equivalent to the actual amount of time worked.

Employees cannot accumulate more than 240 hours of state compensatory time.

Employees should be scheduled to use state compensatory time (as applicable) within 60 calendar days. Employees are not entitled to be paid for the lost time.

State compensatory time is not transferable between DHS organizational units or State agencies.

State compensatory time is lost when employees leave the DHS organizational unit in which the state compensatory time was earned (e.g., transfer, separation, resignation, etc.). Employees are not entitled to be paid for the lost time.

Managers are required to frequently review records of time worked.

Employees who earn state compensatory time are not to maintain the official record for their accrued state compensatory time. The Agency is required to maintain the employee’s official record of accrued state compensatory time.

Records of state compensatory time are to be kept for a three (3) year period.

There must be a disaster within Georgia or a neighboring state with a reciprocal agreement that has been declared by the President or a State Governor.

The American Red Cross must request the employees' services.

Employees are to submit written requests for disaster volunteer leave along with supporting documentation to their supervisor. Requests will be reviewed and either approved or denied on a case-by-case basis.

Disaster volunteer leave may be granted for up to fifteen (15) workdays (not to exceed 120 work hours) in a 12-month period.

For purposes of this policy, ‘organ' means a human organ, including an eye, that can be transferred from the body of one person to the body of another.

Employees requesting leave to donate an organ must submit medical documentation to their designated FML Specialist or authorized official (e.g., Human Resources Representative). This statement must certify that the employee is donating an organ for transplantation.

If the organ donation does not take place, any absence will be charged to accrued leave, personal leave, compensatory time (as applicable) or leave without pay.

Employees requesting leave to donate bone marrow must submit medical documentation to their designated FML Specialist or authorized official (e.g., Human Resources Representative). This statement must certify that the employee is donating bone marrow for transplantation.

If the bone marrow donation does not take place, any absence will be charged to accrued leave, personal leave, compensatory time (as applicable) or leave without pay.

Employees must request and receive prior approval from their supervisors to be away from the work area for blood donation. Supervisors may schedule the time to be used for this purpose based on the needs of the organization.

Time away from work is for the purpose of donating blood, platelets, or granulocytes and to recover from the donation. Employees who do not use the time allowed, as specified below, at the time of each donation, do not accrue any right to utilize the leave or payment at any other time.

Employees who donate blood, platelets or granulocytes on non-work time are not to receive time off from work due to the donation.

Salaried employees are eligible for holiday pay.

The following employees are ineligible for holiday pay.

To be eligible for pay on a State holiday, an employee must be in pay status for the full scheduled work shift on either the workday immediately before or immediately after the holiday. “Pay status” means either working or taking approved paid time off.

Employees are not paid for a holiday that occurs the day before they enter or reenter State service.

Employees are not paid for a holiday that occurs the day after they leave State employment.

Employees are not paid for a holiday that occurs on their last day of State employment unless the holiday is at the end of their normal workweek.

Employees eligible for a paid holiday receive pay for the time they would otherwise have worked that day, up to a maximum of eight (8) hours.

Employees on alternative work schedules can make up the additional time by:

Equivalent time off or deferred holiday time will be made available to employees who would otherwise have been eligible for a paid holiday but were either required to work on part or for the entire holiday. This excludes part-time employees whose scheduled day off occurred on a holiday are not given equivalent time off or additional compensation for the holiday.

Equivalent time off to observe the holiday will not exceed the time actually worked on the holiday or eight hours, whichever is less.

Employees may be required to use deferred holiday time before using annual leave, sick leave, personal leave, or compensatory time (as applicable).

Employees who are unable to take equivalent time off within 365 calendar days after a holiday will be paid for the holiday.

Employees who separate from DHS will be paid for any deferred holiday time not used or paid out prior to separation.

Employees will not be paid for a holiday in advance of the observance of the holiday.

An employee scheduled to work on a holiday who, without prior approval, fails to report for any portion of the scheduled duty will not be granted deferred holiday time for the time (if any) that was worked on the holiday. Such employee may be subject to leave without pay for the scheduled time not worked and/or other appropriate disciplinary measures.

An employee who is summoned to perform jury duty or to serve as a witness during scheduled work time and needs to be absent from work is expected to provide a copy of the summons, subpoena, or other court order to their supervisor, when requesting leave.

Since employees typically will not know in advance how much time will be required to fulfill their court obligation, employees may be required to update their supervisor at reasonable intervals concerning the time needed for absence from duty.

Paid court leave is granted to non-temporary salaried employees for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee during scheduled work hours. Such paid time off is not charged to an employee’s accrued leave.

The following employees are not eligible for paid court leave:

Eligible employees will receive paid court leave while on jury duty for the time they are otherwise scheduled to work. Employees will be paid only for the time they are required to appear by the court, plus any additional time that is reasonably necessary, in the opinion of the agency, for the employee to prepare for or return from jury duty.

Employees will not receive any compensation for time spent serving as a juror that exceeds the employee’s regular work schedule.

Employees may keep any juror fees and travel allowances they receive from the court.

An employee summoned to appear as a witness or required by a court to attend a proceeding will typically be paid in the same manner as an employee serving on a jury. However, an employee will not receive paid court leave to attend a trial, arbitration hearing, or other judicial proceeding in which they are:

Employees are required to report back to work as soon as they are released from jury duty or other court ordered appearance if the release occurs before the end of the scheduled workday. Management may require verification from the court showing the time served. Failure to return timely from court leave is treated as an unexcused absence.

Employees who are required to appear in court on behalf of the Department are in work status. No leave or leave without pay will be charged.

Employees who are summoned to appear in court on a State observed holiday or on a scheduled day off, are not entitled to additional time off.

Paid voting leave is available to employees when their work schedule does not allow them at least two (2) hours (including travel) to vote either before or after work. Employees who are scheduled to begin work at least two (2) hours after the polls open or end work at least two (2) hours before the polls close are not eligible for voting leave.

Paid voting leave is not available for voting midday. It must be used either at the beginning or end of the employee’s regular workday.

Active, salaried, non-temporary employees who are rehired retirees of the Employees' Retirement System of Georgia are not eligible for voting leave while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

Employees are responsible for requesting and obtaining approval from their supervisor in advance of taking time off to vote and should schedule the time off in a manner that minimally disrupts normal agency operations.

All eligibility criteria defined below must be met before an employee can use education support leave.

The following employees are ineligible for education support leave:

Eligibility for paid parental leave is based on one of the following qualifying life events:

To be eligible to use paid parental leave for a qualifying life event, an employee must meet one of the two following criteria:

Rehired retirees of the Employees' Retirement System of Georgia, whether salaried or hourly, are not eligible for paid parental leave while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

An eligible employee may take a maximum of 120 hours of paid parental leave in a rolling 12-month period. The rolling period will be measured backward from the first date of leave taken. The amount of leave in a rolling 12-month period cannot exceed 120 hours, regardless of the number of qualifying events that occur during that period and regardless of transfers between employing entities (as defined in O.C.G.A. § 45-20-17(a)(2)(A)). DHS is responsible for conducting due diligence to ensure an employee has not exhausted the 120-hour allotment prior to approval of paid parental leave.

Leave may be taken as needed and in increments of less than eight hours, using the same minimum period DHS has established for other forms of paid leave.