Broward County Sheriff's Policy Manual - Basic Leave and Sick Leave PDF

SHERIFF’S POLICY MANUAL 4.3 BASIC LEAVE AND SICK LEAVE 4.3.1 Benefits: A. Full-time employees are eligible to accrue leave time. B. New employees start to earn annual and sick leave from their date of hire. They may request this time as soon as it is earned. C. In recognition of continuous s...

SHERIFF’S POLICY MANUAL 4.3 BASIC LEAVE AND SICK LEAVE 4.3.1 Benefits: A. Full-time employees are eligible to accrue leave time. B. New employees start to earn annual and sick leave from their date of hire. They may request this time as soon as it is earned. C. In recognition of continuous service, employees are eligible to accrue additional leave on their anniversary date after completing the prescribed number of years of service (see Tables 1 and 2). D. Leave will continue to accrue during periods of absence in which the employee is in pay status. TABLE 1: LONGEVITY ANNUAL LEAVE Length of Annual Leave Service Hours 1 - 3 years 4 - 10 years 11 yrs or more 80 120 168 TABLE 2: BIWEEKLY LEAVE ACCRUAL Length of Annual Leave Hours Sick Leave Hours Service Earned Earned 1 - 3 years 4 - 10 years 11 yrs or more Reviewed: 11/30/2022 4.3 3.077 4.615 6.462 Revised: 01/26/2023 3.692 3.692 3.692 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 1 of 46 SHERIFF’S POLICY MANUAL 4.3.2 Eligibility: A. Temporary and seasonal employees are not eligible for annual and sick leave benefits. B. Part-time employees working less than 20 hours a week are not eligible for leave benefits. C. Time spent on a leave of absence without pay is not included in length of service towards continuous annual leave, except for time on approved military leaves without pay. D. Employees rehired from a layoff list receive credit for continuous service before the layoff, but not for the period of layoff. E. If employees are rehired from a lay-off list, the period of layoff is treated as time in a non-pay status. 4.3.3 Non-Pay Status: Employees earn leave for any period they are in a pay status for more than half the number of hours in their biweekly work schedule. Employees in a non-pay status do not earn leave unless on Workers' Compensation. 4.3.4 Sick Leave Use: A. Sick leave may be granted with supervisor approval for the following reasons: 1. Absence due to personal illness or off-duty injury 2. Personal medical or dental appointments 3. Under documented care of a physician 4. Care for an immediate family member or domestic partner due to an illness or disability, not to exceed 40 hours each calendar year. Note: Employees must identify the immediate family member or domestic partner to their supervisor or command before taking the leave. The Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 2 of 46 SHERIFF’S POLICY MANUAL supervisor must inform the employee of possible FMLA eligibility and refer the employee to Employee Benefits. B. Employees on sick leave for three consecutive days will submit a completed Return to Work Authorization Form (BSO A#92) to their assigned work location before returning to work. C. Employees shall not abuse sick leave. Abuse of sick leave may lead to disciplinary action. Indications of suspected abuse include, but are not limited to: 1. Frequent usage of sick leave accruals as they are earned, for leave not authorized by the Family Medical Leave Act (FMLA) 2. Recurrent usage of sick leave to extend regularly scheduled days off 3. Recurrent usage of sick leave to extend holidays (absenteeism on the day before or after a holiday) 4. Usage of sick leave on days previously requested and denied as vacation 5. Failure to produce requested medical documentation 6. Usage of unauthorized leave in place of sick leave when leave balances are exhausted 4.3.5 Annual Leave Use: Annual leave must have prior supervisor approval. 4.3.6 Advance Leave Not Permitted: Annual or sick leave will not be granted in advance of being earned. If an employee has not earned sufficient leave credit to cover a period of absence, a deduction for the time involved will be made on the current payroll, but only for the amount eligible to be earned during that period. 4.3.7 Minimum Leave Taken: The minimum period of absence charged to annual or sick leave is a 1/4 hour. Beyond the minimum, rounding will be to the nearest 1/4 hour. 4.3.8 Holidays Falling Within Leave Period: If a holiday observed by BSO occurs while an employee is on sick leave, or did not report to work due to an illness, the Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 3 of 46 SHERIFF’S POLICY MANUAL employee will be charged sick leave for that day. If a holiday observed by BSO occurs while an employee is on annual leave, the employee will not be charged annual leave, but holiday leave for that day. 4.3.9 Excused Time: Employees on annual or sick leave immediately before an emergency situation (such as a hurricane) will not be affected by special leave granted during the emergency situation. 4.3.10 Illness Occurring During Vacation Period: Employees on vacation who get sick or injured may charge the period to sick leave instead of annual leave if adequate proof is furnished. 4.3.11 Transfer of Leave: Accumulated leave is not transferable between employees, except pursuant to the Sick Leave Pool or the Donated Leave procedure as outlined in the Transfer of Leave policy. A. Employees who are members of the Sick Leave Pool must request consideration for Sick Leave Pool hours prior to utilizing the Donated Leave. If Sick Leave Pool members are denied for consideration, they are automatically ineligible for Donated Leave Consideration. See SPM 4.3.13 for “Sick Leave Pool” policy. B. Donated Leave: The direct transfer of Annual or Holiday Accruals to an eligible employee. C. Eligibility: 1. Employee must be a non-probationary, full-time employee with one year of service to receive donated hours. 2. The occurrence leading to the request must be for the employee’s own serious health condition as defined by FMLA OR qualifying family member’s serious health condition as defined by FMLA. 3. Employees are not eligible if leave is without pay due to suspension, investigation or other disciplinary action. 4. Employees must be in an approved leave status prior to submitting a Request for Donated Leave/Transfer of Leave form (BSO A#176), e.g., FMLA or Medical Leave of Absence. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 4 of 46 SHERIFF’S POLICY MANUAL D. E. F. 5. Employee must be absent a minimum of 10 consecutive days. 6. Donated leave may not be used for intermittent absences or partial day absence. Limitations: 1. Employees may receive a maximum of 480 hours of donated leave in a rolling (consecutive) 12-month period. 2. The Donor must be a regular, full time employee with 80 hours or more in their Annual/Holiday leave bank after the donation is made. Sick Accruals are not eligible for donation/transfer. Donation Request Procedure: 1. Requesting Donated Leave: Employees must complete the Request for Donated/Transfer of Leave form (BSO A#176) and submit to Employee Benefits for processing. 2. Donating Leave: Donors must complete the Voluntary Transfer of Leave form (BSO A#156) and submit to Employee Benefits for processing. 3. Donated hours will be used in the order the Transfer of Leave forms were received. 4. Unused donated hours will be returned to the donating employee(s) in the reverse order the Transfer of Leave forms were received. Eligibility for the use of donated hours ends the earlier of any one of the following events: 1. The employee returns to work. 2. Donated hours are exhausted. 3. Approved leave status ends. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 5 of 46 SHERIFF’S POLICY MANUAL 4. The employee is no longer employed with BSO. 4.3.12 Calculation of Annual/Sick Leave Balance: A. Leave Year: The leave year is the base period for maintaining an employee's leave record. Since the leave year is based on 26-biweekly pay periods, it does not constitute a full calendar year. B. Determination of Leave Anniversary Dates: 1. New employees' leave anniversary dates are the first day of the pay period in which they work more than half the hours in their regular biweekly work period. 2. Employees acquired by merger of a governmental agency with existing leave anniversary dates will not have their leave dates affected by the merger. These employees retain credit towards longevity annual leave for all prior continuous service with their former governmental agency. 3. Longevity annual leave for employees with continuous service is calculated from the beginning of their continuous service, with proper adjustment for non-pay status periods. 4.3.13 Sick Leave Pool: A. Purpose: To provide a plan allowing participating full-time employees to pool sick leave for use by any participating employee on approved FMLA or MLA leave who has exhausted accrued sick, holiday, annual, personal day, bonus day(s), administrative time and compensatory leave. B. Eligibility to Receive Sick Leave Pool Benefit: A regular, full-time employee and an active participant in the Sick Leave Pool for a minimum of 90 days with approved FMLA leave or approved Medical Leave of Absence who has exhausted all accrued leave. C. Policy: 1. There is only one BSO Sick Leave Pool. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 6 of 46 SHERIFF’S POLICY MANUAL 2. To be eligible for pool membership, an employee must be a full-time employee, successfully complete one year of employment, and have a minimum of 64 hours sick leave accumulated at the time of application approval for membership. 3. Enrollment is restricted to January and July of each year for eligible employees. Eligible employees can request to join the pool by completing and submitting the Sick Leave Pool Enrollment Application (BSO AP#7) to the pool administrator in the Employee Benefits Division. Applications include at least the following: a. Employee's name and CCN b. Statement that the employee's participation is voluntary c. Initial contribution of eight hours d. Added contribution of eight hours annually, as needed. e. Statement that the employee has read and understands the terms and conditions of membership, including committee decisions are not grievable. f. Employee's signature 4. Members may withdraw from the pool at any time by giving written notice to the pool's administrator. 5. Upon withdrawal from the pool, a member ceases entitlement to use pool leave. 6. The administrator will immediately notify BSO’s Classification and Compensation Division and amend the pool roster to reflect a member's withdrawal. 7. No member will use more than 640 hours of pool leave in any 12-month period. The 12-month period runs from the time and date the member exhausts the initial grant of 640 hours. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 7 of 46 SHERIFF’S POLICY MANUAL 8. Sick leave contributed to the pool by a member is forfeited upon that member's cancellation of membership, suspension, or separation from BSO. 9. Abusing use of leave from the pool includes, but is not limited to: a. Misrepresentation of an illness, accident, injury, or situation surrounding it where a member receives unentitled leave b. Submission by a member of medical certification that is from other than a qualified medical practitioner or misrepresents the member's illness 10. The committee can, on its own discretion, grant up to 320 additional hours to a member with a terminal or catastrophic illness. Granting of this time will occur on the date one year after the first request was approved. 11. Members on leave without pay for reasons other than personal illness, accident, or injury will not be eligible to receive pool leave. 12. Leave accumulated in the pool cannot be used by members until all of their accrued sick, annual, holiday, personal day, bonus day(s), administrative time and compensatory leave is exhausted. 13. Members are not allowed to receive pool time unless they are a member for at least 90 days. 14. Pool leave can only be used by members for their personal illness, accident, or injury. 15. The administrator advises the pool's committee if a member has abused the pool. 16. The following occurrences or situations will not be considered a personal illness, accident, or injury for this policy's purpose and will not entitle members to draw from the pool: Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 8 of 46 SHERIFF’S POLICY MANUAL a. Intentionally self-inflicted injuries such as those resulting from a suicide attempt b. Illness, accident, or injury to a family member c. Illness, accident, or injury covered by Workers' Compensation 17. Members may be recommended for expulsion from the pool by a majority vote of the committee. Members will be notified in writing, by certified mail, return receipt requested, of any expulsion. 18. Expelled members may appeal the decision to the committee through the pool’s administrator by submitting a written appeal within 10 working days of notice of the recommendation. 19. No time will be granted to a member for testing occurring outside South Florida unless it is an emergency, testing or treatment is not available in this area, or referral to a specialized center is made by a South Florida medical doctor. Time will be granted at the committee's discretion, depending on the supporting documentation given and time actually spent at the medical facility. 20. Members withdrawing pool leave will not be required to replace those hours except as a regular contributing member, unless required to do so because it was determined the member abused the use of pool leave or a claim was paid under Workers' Compensation. 21. If situations warrant and upon majority vote of the committee, a member abusing the use of the pool may be required to repay all or part of the leave withdrawn from the pool. Leave will be repaid to the pool immediately if there is ample sick leave in the member's personal account to cover the total owed. 22. If a member's personal sick leave account does not have sufficient hours to repay the pool, all hours in the members sick leave account will immediately be paid to the pool and the rest of the hours owed paid each month as it is accrued, until all hours owed are repaid. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 9 of 46 SHERIFF’S POLICY MANUAL 23. D. E. Members abusing the pool may be subject to investigation and disciplinary action. Procedures: 1. If the balance of pool hours is projected to drop below 1920 hours, each member (with prior notification) will contribute an additional eight hours of sick leave to the pool. 2. If a member's sick leave balance is less than eight hours at the time the pool is projected to reach its minimum, the member will contribute the remainder as soon as additional sick leave is accrued. Members will not be allowed to use their sick leave until the amount owed to the pool is contributed. 3. If a member fails twice to have a sufficient balance in the member's sick leave account when requested to contribute eight hours to the pool, the pool administrator will investigate the reasons for the sick leave use and determine if membership should be canceled. 4. Decisions to cancel an employee's membership will be made by majority vote of the committee. 5. Hours contributed to the pool will be transferred from the member's individual sick leave account to a single account established in the payroll system. Sick Leave Pool Administration: 1. The pool's administrator is the Employee Benefits Manager or designee. The administrator may participate in the pool. 2. The pool administrator and committee are jointly responsible for overseeing the pool's operation. 3. A committee member may be selected by the pool’s administrator as chairperson to assist the pool administrator with the following: Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 10 of 46 SHERIFF’S POLICY MANUAL F. a. Meet on a regular basis with the committee to review the sick leave accounts of members. b. Maintain in a concise and orderly fashion accurate and reliable written records on all pool functions. c. Investigate alleged abuses of the pool. d. Receive pool enrollment applications from employees. e. Provide pertinent divisions and Accounting/Payroll with the number of hours granted by the committee for the requesting member. This will serve as authorization for Payroll to transfer applicable hours from the pool to the requesting member. The copy sent to the division will serve as authorization to include the member on the division's payroll sheet. Sick Leave Pool Committee: 1. Per the review process, the committee may authorize the use of leave from the pool. 2. The committee will consist of at least one member from each department 3. 50% of committee members constitutes a quorum for the purpose of granting leave from the pool. 4. 50% of committee members constitutes a quorum for the purpose of approving or changing the pool's by-laws. 5. At the discretion of the pool administrator, a new committee member will be appointed if a committee member misses three meetings without notification to the pool’s administrator. 6. The committee and pool administrator will meet monthly to establish internal operating procedures to include, but not be limited to: a. Reviewed: 11/30/2022 4.3 Enrollment of employees electing to participate in the pool. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 11 of 46 SHERIFF’S POLICY MANUAL b. Expulsion of members repeatedly failing to maintain sufficient balances in their sick leave accounts to cover requests for contributions of additional hours. c. Members requesting to use leave from the pool must meet the following guidelines: (1) The requesting member must be an eligible pool member for a minimum of 90 days. (2) The occurrence leading to the request must be for a personal illness, accident, or injury where leave can be withdrawn. (3) A valid medical certification must accompany the request. (4) The member used all accrued annual, holiday, compensatory, personal day, bonus day(s), administrative time and sick leave. (5) All requests for Sick Leave Pool must be received by the pool administrator by the second week of every month to be processed in the current month’s Sick Leave Pool meeting. (6) There is no evidence of sick leave abuse. (7) The pool contains enough hours to grant leave to all members whose requests were approved. Note: If the pool contains ample hours, requests are processed and granted in the order received. 7. Medical Certification: a. Reviewed: 11/30/2022 4.3 Medical certification of the accident, illness, or injury in which leave is requested must accompany each request. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 12 of 46 SHERIFF’S POLICY MANUAL b. 8. If there is any cost involving psychological illness, the committee will consider an Employee Assistance recommendation to allow the member to enter a treatment program. Civil Lawsuit: A member granted pool leave, per the pool's rules and regulations, will repay the comparable dollar value if the member is awarded money for filing a civil lawsuit based on the sickness or injury for which the leave was granted. G. Information on the Americans with Disabilities Act (ADA will be provided to the committee member upon appointment to the committee. H. The Sheriff, at any time, may discontinue the Sick Leave Pool. I. Annual Report: The pool administrator will annually report the pool's operations and provide a summary of the findings to each committee member and the Finance Director at the same time the report becomes available. The summary will include, but is not limited to: J. 1. Number of hours withdrawn from the pool during the reported period 2. Total number of hours on deposit in the pool at the close of the reported period 3. Number of members withdrawing leave from the pool during the reported period All pool records will be maintained by the pools administrator and kept confidential. Each request will be labeled by a number, not by the member's name. 4.3.14 Bonus Day: A. Full-time employees will earn an eight (8) hour bonus day based upon the following calculations: 1. Full-time employees, after completing thirteen (13) pay periods that no sick leave is taken, have the option to take a bonus day or pay (regular time). If the bonus day is selected it must be taken within thirteen (13) pay periods. If an Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 13 of 46 SHERIFF’S POLICY MANUAL employee uses no sick leave for the immediately following thirteen (13) pay periods, the employee has the option to take an additional two (2) bonus days or receive pay (regular time). If bonus days are selected, they must be taken within 13 pay periods. Once the employee receives the (2) two-day bonus, they will continue to receive the (2) two-day bonus until the employee uses sick leave then the program starts over again with one (1) bonus day at the end of the next 13 pay periods. The maximum number of bonus days that an employee can earn in any continuous twelve (12) month period is four (4) bonus days. Each thirteen (13) pay period is measured from the last day the employee used a sick day. Bonus days earned are not cumulative and must be taken within the terms of this section. 2. Bonus days will not be given to employees who do not complete 13 pay periods. 3. Employees using sick leave on approved FMLA for a family member will not lose their eligibility for a bonus day. 4. Earned bonus days may be used in increments. 5. Employees who elect to receive pay for an earned bonus day will receive the payment as an eight (8) hour day. 6. Employees covered under a collective bargaining agreement should refer to their applicable bargaining agreement. 4.3.15 Annual/Sick Leave Payments: A. Annual Leave Payment: 1. Upon separation, employees will receive a lump sum payment as determined by the Sheriff for all outstanding annual and holiday leave up to 320 hours or their grandfather cap plus any hours earned within the calendar year they are separating. The payment will be at the employee's current rate of pay at the time of separation. If the employee received an extension in order to utilize hours over 320 hours or the employee's grandfather cap into the next calendar year, the cumulative total number of hours over the cap at the end of the prior calendar year that have not been Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 14 of 46 SHERIFF’S POLICY MANUAL used will be automatically forfeited at the time of separation and are not subject to payment. B. 2. Annual leave payments, as defined herein, for employees classified as Assistant Managers and Managers will receive a lump sum payment as determined by the Sheriff for all outstanding annual and holiday leave up to 400 hours or their grandfather cap plus any hours earned within the calendar year they are separating. 3. Except where otherwise provided by written agreement with an employee executed by the Sheriff or the Executive Director over Human Resources, as the Sheriff’s designee, any annual leave payments, as defined herein, for employees classified at the rank/position of DOD/DLE Captain or above, Assistant District Fire Chief or above, Assistant Director or above, or nonsworn equivalent will receive a lump sum payment as determined by the Sheriff for all outstanding annual and holiday leave. 4. Employees granted a leave of absence without pay may be paid for accumulated annual leave equivalent to or less than the amount of leave time granted. The payment of accumulated annual leave to these employees will be on the last paycheck before the effective leave-ofabsence date. 5. Employees covered under a collective bargaining agreement should refer to their applicable bargaining agreement. Sick Leave Payment: 1. The listed Sick Leave Payment Schedule below will be applied to all unrepresented employees. Please note: a. Years of service for this section shall be determined by the unrepresented employee’s current hire date. b. Reviewed: 11/30/2022 4.3 “Good standing” as used in this section shall be defined as an unrepresented employee resigning or retiring with no charges pending. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 15 of 46 SHERIFF’S POLICY MANUAL 2. c. If an unrepresented employee has been notified that charges are pending against him/her then said unrepresented employee must give a minimum of 60 days’ notice of his/her resignation or retirement date. d. If the unrepresented employee is terminated prior to his/her resignation or retirement date, the unrepresented employee will not be considered leaving in good standing. e. For those covered by a bargaining unit agreement, see the applicable bargaining unit agreement for the sick leave payout schedule. Sick Leave Payment Schedule: a. Zero to Ten Years of Service: Unrepresented employees who have less than ten years of service with BSO will not receive any sick leave compensation upon separation from the agency. b. Ten to 15 Years of Service: c. Reviewed: 11/30/2022 4.3 (1) Unrepresented employees who have at least ten years of service with BSO, but less than 15 years will not receive any sick leave compensation upon separation from the agency for any reason other than normal retirement (defined by FRS or contract city) or the death of the employee. (2) Upon normal retirement (as defined by FRS or contract city) of an unrepresented employee in good standing or upon the death of the employee in good standing with at least ten years of service but less than 15 years of service, the unrepresented employee will receive a payout upon separation of 50% of their unused accumulated sick leave up to a maximum of 480 hours computed at the employee’s current rate of pay. 15 to 20 Years of Service: Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 16 of 46 SHERIFF’S POLICY MANUAL d. e. Reviewed: 11/30/2022 4.3 (1) Unrepresented employees leaving in good standing with at least 15 years of service but less than 20years of service will receive upon separation 25% of their unused accumulated sick leave up to a maximum of 240 hours, computed at the employee’s current rate of pay. (2) Upon normal retirement (as defined by FRS or contract city) of an unrepresented employee in good standing or upon the death of the employee in good standing with at least 15 years of service but less than 20 years of service, the unrepresented employee will receive upon separation 65% of their unused accumulated sick leave up to a maximum of 624 hours, computed at the employee’s current rate of pay. 20 Years of Service: (1) Unrepresented employees leaving in good standing with at least 20 years of service will receive upon separation 25% of their unused accumulated sick leave up to a maximum of 240 hours, computed at the employee’s current rate of pay. (2) Upon normal retirement (as defined by FRS or contract city) of an unrepresented employee in good standing or upon the death of an employee in good standing with at least 20 years of service, the unrepresented employee will receive upon separation 100% of their unused, accumulated sick time up to a maximum of 960 hours, computed at the employee’s current rate of pay. 25 Years of Service: (1) Unrepresented employees leaving in good standing with at least 25 years of service will receive upon separation 25% of their unused accumulated sick leave up to a maximum of 240 hours, computed at the employee’s current rate of pay. (2) Upon normal retirement (as defined by FRS or contract city) of an unrepresented employee in good standing or upon the Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 17 of 46 SHERIFF’S POLICY MANUAL death of an unrepresented employee in good standing with at least 25 years of service, the unrepresented employee will receive upon separation 100% of their unused, accumulated sick time up to a maximum of 1160 hours, computed at the employee’s current rate of pay. f. 30 Years of Service: (1) (2) 3. C. Upon normal retirement (as defined by FRS or contract city) of an unrepresented employee in good standing or upon the death of an unrepresented employee in good standing with at least 30 years of service, will receive upon separation 100% of their unused accumulated sick leave up to a maximum of 1320 hours, computed at the employee’s current rate of pay. Sick Leave payment, as defined in this chapter, will not be applicable to employees at the rank/position of DLE/DOD Captain or above, Assistant District Fire Chief or above, Assistant Director or above or non-sworn equivalent. Except where otherwise provided by written agreement with an employee executed by the Sheriff or the Executive Director over Human Resources, as the Sheriff’s designee, any sick leave payout for these employees will be at the sole discretion of the Sheriff. Annual Leave Payout for Employees Participating in FRS/Contract City DROP: 1. DROP Definition: Deferred Retirement Option Program. This FRS program is an alternative method for the payout of retirement benefits for a specified and limited period for eligible FRS participants. The program is operated and administered by the State of Florida, Division of Retirement and subject Reviewed: 11/30/2022 4.3 Unrepresented employees leaving in good standing with at least 30 years of service but ineligible for retirement, who choose to separate will receive upon separation 25% of their unused accumulated sick leave up to a maximum of 240 hours, computed at the employee’s current rate of pay. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 18 of 46 SHERIFF’S POLICY MANUAL to change at any time including cancellation of the program. Changes to the program can only be made by an act from the Florida Legislature to the Florida Administrative Code Chapter 60S. 2. Eligibility: Eligibility for this program is solely determined by FRS (see current FRS handbook or contact the Employee Benefits Manager). 3. Employees entering a Contract City DROP should refer to their applicable pension plan requirements. 4. Administration: 5. a. The Human Resources Director or designee will sign all needed DROP forms as the agency administrator. b. The Employee Benefits Manager will have the primary responsibility for BSO's FRS DROP administrative obligations (prescribed by FRS). Administrative obligations for a Contract City Drop will be handled by the Contract City Pension Administrator. c. The Bureau of Finance will provide all accounting and financial administrative support needed for DROP activities. Procedure: a. Eligible employees electing to participate in FRS/Contract City DROP will be required to complete all required FRS forms along with the BSO DROP Participation Ballot (BSO AP#44). Forms can be obtained from Employee Benefits. b. All DROP participants will receive a payout of accrued holiday and compensatory time at the time of DROP election. c. Employees are eligible to earn compensatory time after their DROP election. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 19 of 46 SHERIFF’S POLICY MANUAL d. DROP participants will have the option of accruing or receiving payment for holidays. Participants who work on a holiday will be paid for each holiday within the pay period it occurs. e. Annual/holiday leave payouts will be processed in the first full pay period of the month the participant enters the FRS/Contract City DROP. f. Employees electing a total annual leave payout will accrue annual leave on a "use it" or "lose it" basis for each calendar year. Employees in this category will be permitted to accrue and carry over a cap of 168 hours of annual leave. The 168 hours must be used before separation from BSO. g. Employees who enter into the DROP and elect to retain up to a maximum of 80 hours of accrued annual leave will be given a new cap of 168 hours while they are still employed with BSO. Upon separation, the employee will only be eligible for a final payment of the hours they retained upon entering the DROP. For example, if an employee enters the DROP and chooses to retain ten hours of annual leave, their annual leave cap will be 168 hours while employed, however, they will only receive payment for the original ten hours retained when they entered the DROP. h. Employees not electing an annual leave payout will continue to earn annual leave accruals and are eligible for an annual leave accrual payout at the time of separation from BSO consistent with the Sheriff's Policy Manual or relevant bargaining unit agreements. i. Those employees who are within two years of retirement/participating in DROP may carry over the above annual/holiday leave 320 cap but may not exceed 500 hours of annual/holiday leave. i. Reviewed: 11/30/2022 4.3 Employees will be required to complete a Request for Exception to Leave Cap form based upon employee group for submission to Human Resources. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 20 of 46 SHERIFF’S POLICY MANUAL j. Those employees who are within one year of retirement/participating in DROP may carry over the above annual/holiday leave 320 cap but may not exceed a payout of 580 hours. i. k. Employees will be required to complete a Request to Leave Cap form based upon employee group for submission to Human Resources. Employees must sign an irrevocable request, at the time of their decision. i. 6. Employees must notify their command and Timekeeper of their request for the annual holiday leave cap extension. The existing sick leave payments policy for employees will not change as a result of FRS DROP. 4.3.16 Annual/Holiday Leave: A. Holiday leave may be used for the same purpose as annual leave. B. BSO Observed Paid Holidays: 1. New Year's Day 2. Martin Luther King Jr. Day 3. President's Day 4. Memorial Day 5. July 4th 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 21 of 46 SHERIFF’S POLICY MANUAL 9. Friday after Thanksgiving Day 10. Christmas Day 11. One (1) floating holiday Note: Employees must be employed by January 1st to be eligible for the floating holiday. Employees covered by a collective bargaining agreement should consult their agreement for the applicable Holiday Leave Schedule. Floating holidays accrued within the current calendar year may be cashed out as an eight (8) hour day. C. Part-time employees who work a minimum of 20 hours a week but less than 30 hours a week will accrue four hours of holiday leave or pay for each holiday. Parttime employees who work a minimum of 30 hours a week but less than 40 hours a week will accrue six hours of holiday leave or pay for each holiday. D. Holiday Eligibility Requirement: All full-time employees are entitled to the holidays listed in this section. To be eligible for paid holidays, employees must be in a pay status for a full day immediately before and after the observed holiday. E. Holiday Not Worked Falling on Employee's Regular Day Off: If a holiday is on an employee's day off and the employee does not work, the employee will accrue eight (8) hours of holiday leave or if requested, may be paid eight (8) hours of holiday pay at straight time. F. Work Performed on Holiday Falling on Employee's Regular Workday: Work on a holiday falling on an employee's regularly scheduled workday will be compensated as follows: 1. 40 hours of regular pay for the week 2. Eight-hours holiday leave or pay 3. Time and one-half for hours actually worked in excess of 40 hours during that week except for exempt (FLSA status) employees, who will only be compensated as specified herein. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 22 of 46 SHERIFF’S POLICY MANUAL G. 4. Example 1: Assume an employee is scheduled to work an eight-hour day on Christmas Day. The employee will accrue eight hours of holiday leave or may be paid eight hours of holiday pay at straight time and 40 hours of regular pay for that week. 5. Example 2: Assume the same employee in Example 1, worked 12 hours on Christmas Day (a total of 44 hours worked that week). The employee will be compensated for a total of 54 hours that week (40 hours regular pay, six hours overtime pay [four hours at time and one-half], and eight hours accrued holiday leave). Work Performed on Holiday Falling on Employee's Day Off: If an employee is required to work on a holiday falling on the employee's day off, the employee will be paid as follows: 1. 40 hours of regular pay for the week. 2. Eight-hours holiday leave or pay. 3. Time and one-half for hours actually worked in excess of 40 hours during that week except for exempt (FLSA status) employees, who will only be compensated as specified herein. 4. Example 1: An employee normally works a Five-day workweek with Sunday and Monday off. Due to an emergency, the employee is called into work four hours on Monday, December 25 (Christmas holiday), and ends the week working 44 hours. The employee will be compensated for a total of 54 hours for the week (40 hours regular pay, six hours overtime pay [four hours at time and one half], and eight hours pay or eight hours accrued holiday leave). 5. Example 2: Assume the employee in Example 1 worked 8 hours on December 25 due to an emergency. In that case, the employee will end the week actually working 48 hours and be compensated for a total of 60 hours (40 hours regular pay, 12 hours overtime pay [eight hours at time and onehalf], and eight hours pay or accrued holiday leave). Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 23 of 46 SHERIFF’S POLICY MANUAL 6. H. I. Example 3: Assume the employee in Example 1 worked 12 hours on December 25 or a total of 52 hours that week. The employee will be compensated for a total of 66 hours (40 hours regular pay, 18 hours overtime pay [12 hours at time and one-half], and eight hours pay or accrued holiday leave). Accrual of Annual/Holiday Leave: 1. Employees may not accumulate more than a cumulative total of 320 hours or the grandfathered cap of holiday and annual leave. 2. Accrual of annual/holiday leave, as defined herein, for employees at the rank/position of DOD/DLE Captain or above, District Fire Chief or above, Assistant Manager, Manager, Division Director, Department Director, or above may not accumulate more than a cumulative total of 400 hours or the grandfather cap of holiday and annual leave. Accrual Year-End Review 1. All accrued time as defined herein in excess of the cap or the grandfathered cap will be lost by the employee if not used within the calendar year. 2. If an employee has a grandfathered cap in excess of the approved cap outlined herein, it will remain effective for each successive calendar year unless the employee uses an amount of annual and/or holiday leave so as to reduce total accrued time below the cap as of December 31st of each calendar year. This new, lower balance of accrued time becomes the employee’s new grandfathered cap. a. Reviewed: 11/30/2022 4.3 For Example: An employee has a grandfathered cap of 480 hours, but at the end of the calendar year (December 31), the employee’s cumulative annual and holiday leave total is 400 hours. The employee’s new grandfathered cap is 400 hours. However, if an employee has 320 hours and only uses 300, the cap will still remain at 320 hours. The cap reduction only affects employees who have a grandfather cap over 320 hours. Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 24 of 46 SHERIFF’S POLICY MANUAL 3. 4. Requests for end-of-year annual/holiday leave cap extensions should be forwarded to the Human Resources Director prior to the end of the calendar year (or whatever the current deadline is for extensions). Requests must include justification from the employee’s command outlining the operational reasons why the employee could not use the excess leave within the calendar year. Final approval or denial of leave extension requests will be made by the Human Resources Director. Employees covered by a bargaining unit agreement will be subject to the provisions of their agreement. J. Payment for Holiday Work: Compensatory time, holiday leave, or overtime will not be paid or granted in connection with work on a holiday unless approved by a district/division commander on an Overtime Authorization Form (BSO AP#25). K. Personal Day: Employees who work 40 hours a week are entitled to one eighthour personal day each calendar year. Part-time employees who work 20 hours a week but less than 30 hours a week will be credited with a four-hour personal day. Part-time employees who work a minimum of 30 hours a week but less than 40 hours a week will be credited with a six-hour personal day. Employees must be employed by January 1 to be eligible for a personal day. A personal day may be taken on any of the employee's regularly scheduled workdays during the year pursuant to the following provisions: 1. Rescheduling Personal Day: Employees must select their personal day before the last pay period of the current calendar year. 2. Request and approval of the personal day should be made in advance of the leave date unless impractical. The division/section commander may request employees to select their personal day in January of the current calendar year. 3. The employee's supervisor may approve the requested personal day or if approval impairs the operational efficiency of the division/section, the supervisor may disapprove the request and advise the employee to select a different day for approval. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 25 of 46 SHERIFF’S POLICY MANUAL 4. L. A personal day may be used in increments and cannot be used beyond the current calendar year. Holidays Falling on Weekends: Holidays falling on Saturday are usually observed the day before. Holidays falling on Sunday are usually observed the next day. For payroll purposes, the observed holiday date is considered the paid holiday, as indicated in the annual holiday schedule. 4.3.17 Bereavement Leave: A. General Policy: 1. Up to three days of bereavement leave with pay, will be granted for the death of an employee's immediate family member. If the funeral or service occurs outside of Florida, five days of bereavement leave will be granted. 2. Immediate family is defined as spouse, county registered domestic partner, children, mother, father, stepmother, step-father, step-child, sister, brother, mother-in-law, father-in-law, mother or father of domestic partner, employee's grandparents, or grandchildren. 3. Domestic partners mean only two adults who are parties to a valid domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established by BSO. Criteria and registration will be accomplished pursuant to Human Resources/Employee Benefits SOP. 4. Bereavement leave must be taken within two weeks of the death or funeral. 5. Bereavement leave with pay is provided without charge to an employee's accrued leave. B. Eligibility: Only full-time employees in a pay status will be granted leave. Temporary, seasonal, and part-time employees are not eligible. C. Advance Approval Required: Employees will obtain supervisory approval before using leave. Approving supervisors will obtain the following information from their employee and enter it on the Leave Request Form. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 26 of 46 SHERIFF’S POLICY MANUAL D. 1. Name of the deceased 2. Relationship to the employee 3. Date and location of the services For the death of an unborn child, bereavement leave will be granted upon receipt and approval of the necessary medical documentation, presented to Employee Benefits. Documentation will consist of medical documentation verifying the death of the unborn child. Employee Benefits will notify the employee's supervisor of approved leave for the death of an unborn child. 4.3.18 Jury Duty/Appearance as Witness: All employees are eligible for this benefit as follows: A. B. Excused Time: 1. Employees absent from work to serve on jury duty or testify as a witness, after receiving a duly served subpoena under the seal of the court, are considered on official business. This will not apply to principals (or litigants) in any personal legal action. Employees seeking to be excused under this section will present the subpoena to their supervisor. 2. Employees released from court before the end of their workday will report to work as soon as possible. This applies to all shifts. Witness Fees: 1. 2. 3. Employees testifying for state, county, or other government jurisdictions while excused from duty with pay, are not eligible to accept witness fees. Fees received will be given to BSO. Employees subpoenaed by a private party to a litigation who are testifying while excused from duty with pay, will accept a witness fee but will be required to endorse the check and give it to their immediate supervisor. Employees' supervisors will send all endorsed witness fee checks to Finance. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 27 of 46 SHERIFF’S POLICY MANUAL 4. C. Employees not turning in their witness fees as required will be charged for the period of their absence from work. Employees serving on jury duty while excused from work with pay are not eligible to accept jury duty fees. All fees with the exception of mileage will be given to BSO. 4.3.19 Leave of Absence A. B. Leave Without Pay (LWOP): The Sheriff or designee may grant a leave of absence without pay for a period not to exceed one year to employees with at least one year of BSO service. 1. A leave of absence may be granted for any good and sufficient reason; however, leave of absences are not granted for accepting employment elsewhere or establishing a business. Employees are prohibited from engaging in unauthorized work for personal gain while on leave. 2. A leave of absence request for nonmedical reasons will be processed through the employee’s chain of command. Employees should complete an Employee Leave Request (BSO A#1) and attach a written justification for the requested leave. The granting of a leave of absence is discretionary based upon various factors, (e.g. the employee’s stated reason(s) for the requested leave, length of leave requested, operational needs, budgetary constraints, etc). 3. Leave Without Pay is a qualifying COBRA event and as such, COBRA notification for the continuation of medical, dental and/or vision insurance will be issued within 30 days of the LWOP start date. Employees may selfpay for continuation of other BSO sponsored benefit plans; the Employee Benefits office will send applicable employees a notice. Medical Leave of Absence (MLA): provides employees with additional leave of up to twelve (12) weeks due to medical necessity subsequent to the use of FMLA. MLA will be administered in accordance with FMLA (29 CFR 825) or BSO FMLA policy. The granting of a leave of absence is discretionary based upon various factors, (e.g. the employee’s stated reason(s) for the requested leave, length of leave requested, operational needs, budgetary constraints, etc). Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 28 of 46 SHERIFF’S POLICY MANUAL 1. In order to be granted a medical leave of absence, a medical certification is required and must meet the same standards as FMLA (29 CFR 825) or BSO FMLA policy All medical information should be submitted directly to Employee Benefits. 2. BSO retains the right to receive a clarification and authentication of the medical facts as presented on the MLA Certification of Health Care Provider form If an employee requesting a medical leave of absence refuses to cooperate in the clarification and authentication of the medical facts for their own serious health condition or the qualifying family member’s serious health condition, the request for medical leave of absence will be denied. 3. Eligibility: 4. a. Employee must be a non-probationary, full-time employee with at least one (1) year of service. b. Employee must have exhausted his/her FMLA entitlement. c. The occurrence leading to the request must be for the employee’s own serious health condition or qualifying family member’s serious health condition as defined by FMLA (29 CFR 825) or BSO FMLA policy. If the employee enters a no-pay status, the employee will be responsible for the full cost of insurance benefits. Employees will be billed on a monthly basis for 100% of the insurance plan premiums (medical, dental, vision and any supplemental/voluntary) in which they are an active participant. Payment will be due within 30 days of the end of the month for which the coverage is in effect. Late payments will be cause for termination of coverage. Termination of coverage will initiate the required COBRA notification. C. No retirement benefit contributions will be made for days an employee is on approved leave of absence except as otherwise provided by law. D. Before taking an approved leave of absence, employees may be required to return all BSO-issued equipment including badges and ID Cards. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 29 of 46 SHERIFF’S POLICY MANUAL E. In all cases, when employees are granted a leave of absence, they must exhaust all accrued vacation, holiday, and compensatory time. F. No sick, annual, or holiday leave will be earned while an employee is on leave without pay. G. Anniversary dates will be adjusted to reflect the time on leave. H. Depending on the length of the leave and the operational needs of BSO, a position may or may not be held. Any decision made will be in accordance with the appropriate Federal and/or Florida State Law. I. While on a leave of absence, the employee will be expected to make periodic contact with his/her supervisor, at an agreed-upon date, time and/or frequency, and advise the supervisor of any change in his/her circumstances related to the leave. J. Except in exigent circumstances, employees who do not return to work upon the expiration of an approved leave of absence will be considered to have voluntarily terminated their employment from BSO. 4.3.20 Education Leave: The Sheriff or designee may approve leave with pay for employees to attend training or educational courses or meetings where attendance can benefit BSO. 4.3.21 Military Leave: A. The BSO Military Policy is set forth in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA is the Federal Law that establishes rights and responsibilities for military reservists or members of the Air/National Guard and their employers. USERRA covers employment, reemployment, and retention rights when employees serve in uniformed services. B. Employees who are members of the armed forces reserve component (i.e., military reservists or members of the Air/National Guard) present unique circumstances surrounding their employment. Deployment orders can come suddenly, so the following policy has been created for that possibility. The best practice is effective communication between the agency and the employee and his or her family prior Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 30 of 46 SHERIFF’S POLICY MANUAL to, during, and following the deployment. Having a strong point of contact throughout the deployment period will also help facilitate a seamless transition. C D. It is the policy of BSO to be supportive of its personnel called to active duty service in the United States military as well as provide uniform strategies to facilitate a smooth and beneficial transition when the employee returns to resume their role at BSO. BSO believes an active role in the "reintegration" of military employees is vital to both the employee's and agency’s success. Employees are entitled to leave of absence from their respective duties, without loss of vacation leave, pay, time, or efficiency rating, on all days during which they are engaged in military activities ordered in compliance with all federal and state law. E. In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) employees may perform service in the uniformed services for a cumulative period of five (5) years under the statute and retain reemployment rights with their employer (see USERRA for exceptions to the five (5) year limit). F. Military Leave for Training Purposes (Active or Inactive Duty): 1. During leave for military training purposes, employees will be paid up to 240 hours in any one annual period. The annual period will be based on the fiscal year (October 1 through September 30). 2. Employees will not be required to, but may choose to use their accrued annual, holiday, compensatory, personal, or administrative leave balances for military requirements once they have exhausted the 240 hours of paid military leave. Leaves of absence without pay will be granted to an employee whose training assignment exceeds 240 hours and does not have or does not want to utilize the above-referenced leave balances. 3. Employees should notify their supervisor and Human Resources within a reasonable time of learning about an upcoming deployment or training assignment, preferably as soon as the employee receives the orders. If employees receive written training schedules for a period of time, they will send a copy of the schedule for all scheduled training at one time. Supervisors will not require employees to request leave for each scheduled training, providing schedules remain unchanged. If an employee’s military Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 31 of 46 SHERIFF’S POLICY MANUAL unit divides their two-week annual training requirements into two or more time frames, this must be indicated with an attached cover memo. 4. G. H. While not required by USERRA, employees should submit a copy of their military orders to their supervisors immediately upon receipt of the orders to ensure eligibility for BSO military leave pay. BSO will not provide military leave pay until it receives a copy of the military orders. Military Leave for Active Duty (Deployment) Up to Thirty (30) Calendar Days: 1. Military personnel deployed to active duty will be granted up to thirty (30) calendar days of paid military leave per deployment. The thirty (30) calendar days of paid leave will begin on the first day of the deployment. 2. Employees called to active duty should give BSO the phone and address contact information for their military command. This will ensure BSO can make notifications if necessary. Employees will forward a copy of the operational order, via chain of command, to Human Resources as soon as possible. 3. Air/National Guard members activated by order of the Governor of Florida for humanitarian or civil unrest will be entitled to thirty (30) calendar days of paid military leave. This is in addition to any paid entitlements for military training as previously described in this subsection. Members will forward a copy of the activation order, via chain of command to Human Resources as soon as possible. Military Leave for Active Duty (Deployment) Over Ninety (90) Days: Employees whose deployments exceed ninety (90) consecutive calendar days must return all BSO-issued items listed on the Deployed Military Employee Checklist Form (A#43A). A district/division command representative will send an email to the group “Military Employee Checkout List” located in the Outlook Global Address List with the subject line “Military Deployment” which will send a group notification to all necessary divisions that are responsible for any/all BSO issued items. The original completed form will be submitted to Human Resources. A copy should be maintained in the employee’s district/division file until the employee returns from deployment. The list should be reviewed upon the employee’s return from deployment in order for items to be reissued. Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 32 of 46 SHERIFF’S POLICY MANUAL I. First-Line Supervisor’s Responsibilities: 1. Ensure that this policy is followed 2. Ensure that all listed items on the Deployed Military Employee Checklist Form (A#43A) have been returned and all applicable signatures have been obtained prior to the employee’s deployment, if practical. J. The employee’s Unit/Division/District Commander or designee shall be the agency’s point of contact. If a Unit/Division/District Commander is the deployed employee, then the next employee in the Chain of Command shall serve as the agency point of contact to facilitate communications between all administrative components with the employee and will verify all military activation orders submitted by the employee. K. The Human Resources Director or designee shall serve as the Human Resources point of contact for all deployed employees, regardless of rank or assignment. L. All deployed employees shall complete an exit interview with their Unit/Division/District Commander, or designee, prior to deployment, if practical. M. Communications with all points of contact and the deployed employee shall be maintained routinely throughout their deployment via email, voice mail, phone, text, etc., where practical. This will facilitate the ease of transition and reintegration of the employee back to their official capacity with BSO. Health Insurance Benefits: N. 1. Employees have the right to elect continued health insurance coverage for themselves and their dependents during periods of military service. 2. Employees electing to maintain health benefits offered by BSO will be responsible for the employee’s portion while on military leave. 3. Military health coverage will be activated as soon as members are called to active duty by the governing authority. 4. To receive BSO insurance benefits after military benefits cease, employees must contact Employee Benefits to request coverage during the unpaid Reviewed: 11/30/2022 4.3 Revised: 01/26/2023 Rescinds: 07/23/2022 Effective: 02/25/2023 Page 33 of 46 SHERIFF’S POLICY MANUAL military-leave lag time between military coverage and returning to BSO employment. O. Report Back to Work/Application for Re-employment: 1. 2. For periods of military service of up to thirty (30) calendar days, employees must report back to work for the first full regularly-scheduled work period on the day following the completion of the period of service and safe transportation home, plus an eight-hour period for rest. If reporting back within this dea