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BULLET City of St. Louis Department of Personnel Administrative Regulation NO. 122

The City of St. Louis Administrative Regulations have been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of the City of St. Louis Administrative Regulations may be obtained from the Personnel Office at 1114 Market Street, Room 703, St. Louis, Missouri 63101.


Leaves of Absence and Light Duty

I. PURPOSE:
The purpose of this regulation is to provide guidance in the establishment of departmental policy for granting leaves of absence and light duty assignments for non-duty related disability.

II. REQUIREMENTS:
This regulation addresses departmental policies concerning general leaves of absence, as specified in Section 21 of the current compensation ordinance, and light duty assignments other than for Workers’ Compensation claims. Appointing authorities are required to approve or disapprove all requests for leaves of absence without pay and light duty assignments according to the criteria contained in the compensation ordinance, as well as the guidelines specified in this regulation. Appointing authorities must use the same criteria to determine the merits of each request.

III. ESTABLISHMENT OF AGENCY POLICIES:
Appointing authorities are encouraged to develop and distribute a written policy on the granting of leaves of absence and light duty assignments, taking into consideration the function of the agency and the nature of duties performed by employees. In the absence of such written policy, it is difficult to ensure that all employees are treated fairly and consistently.

The most important aspect of the establishment of such policies is ensuring that the needs of the agency can be met. It may not be possible, for example, for all employees to be accommodated through light duty assignments or leaves of absence because of the need to maintain acceptable levels of production or service. Further, appointing authorities are not expected to manufacture light duty assignments to accommodate ill or injured employees where no such work exists. It is important, however, that no individual or group of employees within an operating agency is treated differently because of non-work related reasons.

LIGHT DUTY

The following recommendations are offered to assist you in the development of such a policy:

1. Identify the employees affected by the policy (e.g. the work unit, agency, department, etc.), taking into consideration the nature of the work performed, the availability of alternate work assignments, and the need for maintaining production or service standards.

2. Define the nature of all light duty assignments and specify their starting and ending dates. The policy should state in what order the light duty will be assigned and what group of employees, if any, have priority. Light duty assignments should be available for a specified length of duration, and each individual should be given specific dates indicating when the assignment will begin and when it will end.

3. Require that employees submit physician’s statements for light duty which include starting and ending dates. The light duty assignment should follow the health care provider’s guidelines as to the composition of the duties and the limitations placed on the employee. The “Certification of Physician or Practitioner” form, as attached to Administrative Regulation No. 115, “Sick Leave Policy,” and Administrative Regulation No. 133, “Family/Medical Leave,” should be used when gathering medical information for the purpose of approving light duty assignments. Such forms should be accompanied by a detailed description of the duties of the employee’s position, so that the physician can render an informed judgement as to the employee’s ability to continue with the performance of the regular duties of the position or the need for light duty.

4. Establish an effective date for the implementation of the policy.

5. Make sure that the policy is communicated to all employees and evenly enforced.

GENERAL LEAVES OF ABSENCE

Section 21 of the Compensation Ordinance provides for a general leave of absence not to exceed twelve (12) months. Each City department may adopt its own standards for awarding leaves of absence, and each departmental leave policy should include the following components:

1. Require that the employee submit a written request to the appointing authority detailing the reason for the request, the duration of the leave, secondary employment participation and any other pertinent facts as requested by the appointing authority. If approved, send a copy of the employee’s letter of request, a copy of the appointing authority’s letter of approval and the status form implementing the leave of absence to the Personnel Services Division of the Department of Personnel.

2. Establish standards for evaluating leave requests, including: maximum duration for leave, preferred reasons for leave, persons who will evaluate the leave request, work performance standards, business hardship considerations and any other relevant factors. Also include a requirement for a timely, written response to the employee. Be sure to apply such standards evenhandedly to all employees.

3. Inform the employees that they must return on the approved ending date. Also, inform the employees that the leave (except FMLA and military leave) may be canceled, with the approval of the Director of Personnel, and that the employee must return within ten days of notice.

4. Inform the employees that all accrued vacation (and sick leave, if applicable) must be taken at the beginning of the leave of absence. Also, vacation and sick leave will not accrue during the non-paid portion of the leave. Please advise all employees to consult with the Employee Benefits Division to make arrangements for continuing their health care coverage.

5. Ensure the employees that they will be returned to the position occupied at the time of leave, at the same relative rate, provided they can perform the duties of the same position.

6. Notify the employees of any reemployment procedures the department may require, such as notification of intent to return, status forms, reinstatement to benefits, etc.

IV. GENERAL:
It is the objective of the Department of Personnel to ensure that all employees are treated fairly and consistently in the application of work rules and employment benefits. The above listed recommendations are intended to give all departments some guidance in the development of policy on granting of leaves of absence and light duty assignments. Because of the varied nature of jobs and services provided in City agencies and departments, each department’s policy will vary. The Department of Personnel would be happy to assist in the development of this or any other personnel policy. We are also available to review existing policy with regard to light duty and the granting of leaves of absence. If you would like such assistance or if you have questions concerning this administrative regulation, please contact the Compensation and Employee Relations Division of the Department of Personnel at 622-3565.

DEPARTMENT OF PERSONNEL

William C. Duffe
Director

Distributed to: Department Heads, Appointing Authorities, Management and Payroll Personnel
Originally distributed: October 7, 1987
Revised and Redistributed: October 26, 1998

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