19. Leave of Absence
19.A - Requirements for Leave of Absence
The appointing officers may grant leave of absence from regular duty to an employee who has been in the City service for at least three months immediately preceding the employee's time of leave; however, no leave of absence, whether granted, extended, or continued, shall exceed one year, except as mentioned in Subsection B of this Section, and Sections 20 and 21 in their entirety. The only grounds for allowing leave of absence before three months of employment shall be in cases of sickness, disability, or urgent necessity.
Leaves of absence without pay are granted primarily for the benefit of the City, and not for the convenience of the employee. Employees requesting leaves of absence without pay shall make request to the appointing officer and shall include such proof of the reason for request as the appointing officer and the Human Resources Director may require. The appointing officer shall report all approved requests to the Office of Human Resources. The Office of Human Resources shall provide to the City Council quarterly reports of all leaves granted for educational purposes and of all reduced pay leaves.
A full-time employee may be granted up to 160 hours of voluntary leave of absence without pay during the fiscal year (IRS reporting year). During such leave of absence without pay, the employee shall continue to earn and accrue vacation, sick leave and seniority credits as they relate to eligibility for merit increases. If such leave is taken during the qualifying pay period as it relates to the eligibility for City paid Health and Welfare benefits, the employee shall be considered, for Health and Welfare eligibility purposes, as though the employee was on the payroll for such period. Any leave of absence granted under this provision is subject to the approval of the department head.
The above provision does not apply to employees of the School District.
- Following is a list of reasons for which leaves of absence without pay may be granted. This list is not intended to be all inclusive but merely illustrative. Misrepresentation as to the reason for leave of absence shall be grounds for cancellation of leave and dismissal from the service.
- Physical or mental incapacity of the employee to perform their work efficiently, where the granting of a leave will permit the employee to receive treatment enabling them to return to the City service. Leaves of absence because of physical or mental incapacity may be initiated by the department head for the good of the service.
- Election or appointment to a full-time, paid position in an organization or union whose members consist largely or exclusively of employees of the City of St. Paul.
- Education or training relating to the employee's regular duties or to prepare the employee for advancement.
- Following is a list of reasons for which leaves of absence without pay shall be granted:
- Election of the employee to a City position. Such leave shall be granted for a period extending over the time of actual and continuous service in such elective position or positions. At the termination of the elective service such employee shall be reinstated to their former Classified position or in a position in the same class and grade as the position held by the employee at the time of election, such reinstatement shall be without loss of seniority. (See state law, Minn. Stat. S3.088 for leaves of absence for election to a non-city job.)
- Appointment of the employee to an Unclassified City position. Such leave shall be granted for a period extending over the time of actual and continuous service in such position or positions. At the termination of the exempt service such employee shall be reinstated to their former Classified position or in an equivalent position without loss of any right or privilege that would have accrued to the employee had they not left the former position, including but not limited to any salary or fringe benefit increments accruing to such position during the leave, except for accumulating service credit for police and fire pension unless the exempt position is in the police or fire service. If such a current position is not funded at the time, the City Council shall provide such funding. If such employee has a minimum of two-thirds (2/3) of the experience necessary to take an examination in the classified service, then such experience gained in the unclassified position may be substituted as additional experience in any classified position.
- Disability or injury received in the performance of duty not due to the negligence of the employee for the period the employee is receiving compensation payments from the City for temporary partial disability or temporary total disability.
- Parental leave upon the request of the employee. A twelve (12) month Parental leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the employer.
Absence from duty without leave, or failure to report after leave has been disapproved or revoked and canceled by the appointing authority, shall be deemed a resignation of the employee on such leave, or cause for discharge; however, if the employee so charged shall show to the satisfaction of the appointing officer and the Civil Service Commission that such absence or failure to report was excusable, the Civil Service Commission may permit the employee's reinstatement in accordance with the reinstatement provisions of these Rules.
A full-time certified employee may be granted up to 1040 hours of leave of absence without pay for public service work. The department head, with the concurrence of the Human Resources Director, may allow the employee to continue to earn and accrue vacation, sick leave and seniority credits as they relate to eligibility for merit increases. The department head may elect to pay health and welfare benefits and to continue to pay the City's share of PERA or the pension benefits.