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HomeMy WebLinkAboutR&R 103.05 REVISED 12-2014_EF & FL103.05 — Emergency & Funeral Leave Effective: 8/5/2010 Revised: 12/5/2014Nps f N-4 p: , p Replaces: 103.01 D 1 "� I. Guiding PhilosophX Emergency and funeral leave are provided so that members are able to provide support and assistance for their families during emergent times of need or loss of loved ones. II. Purpose The purpose of this policy is to define the regulations applicable to request, use and documentation of emergency and funeral leave. III. Goals The goals of this policy are to communicate the: A. Regulations and responsibilities applicable to situational emergency leave use. B. Regulations and responsibilities applicable to family emergency leave use. C. Regulations and responsibilities applicable to death in family (funeral) leave use. D. Documentation responsibilities and regulations associated with emergency and funeral leave use. E. Consequences of non-compliance. IV. Definitions A. Day — for the purposes of this policy, a day is dependent on the member's shift assignment: 1. 8 -hour shift: 8 hours = 1 working day 2. 10 -hour shift: 10 hours = 1 working day 3. 12 -hour shift: 12 hours = 1 working day 4. 24-hour shift: 24 hours = 2 working days B. Extreme Situational Emergencies — Life events that would cause severe emotional or mental distraction to the point that the member would be temporarily mentally unfit to perform his/her duties safely and effectively. (Example: Uncle John had an accident and is near death.) C. Immediate Family Member — Defined by the collective bargaining agreement as "...spouse, children, step -children, mother, step -mother, father, step -father, grandparents, grandchildren, brother, step -brother, sister, step -sister of the employee or the employee's spouse." V. Statement of Intent A. For civil service members, emergency family leave Arlt mciii 4�jiii�;J is regulated by Article XI, Sick Leave of the collective bargaining agreement. B. For civil service members, funeral leave Q1 i"" is regulated by Article XII, Death in Family Leave of the collective bargaining agreement. C. Members will not be paid for leave unless they provide adequate documentation in accordance with this policy. VI. Emeraencv Leave Reaulations & Responsibilities A. Emergency Leave- Situational 1. Is not chargeable to the member's sick leave balance unless he/she has no accruals remaining his/her personal leave or vacation balances. 2. Will be taken in no less than quarter-hour increments. „„'1'1” used to cover a member's immediate family living in the same household. s. 4. At the discretion of the Deputy Chief, a member may be granted situational emergency leave within the following parameters: a. Situational emergency leave is intended to cover unforeseen life events of an emergent nature. This implies infrequent use. b. When taking into account situational emergency leave circumstances, the Deputy Chief will consider efficiency, effectiveness and safety of section operations to determine an appropriate length of time to approve in each case. c. Per occurrence, a maximum of four working days may be approved by the Deputy Chief for Extreme Situational Emergencies only. d. Situational leave use outside of the parameters above must be approved by the Fire Chief. 5. Review and Follow -Up a. Members may be required to provide documentation to verify circumstances relating to situational emergency leave use. b. Any use of situational emergency leave is subject to review and follow-up. c. The third use of emergency leave during a calendar year will trigger an automatic review. The Deputy Chief is responsible for facilitating this review and initiating any necessary follow-up measures. 111�1) B. Emergency Leave -Family i Z m �����q1m!: ,, 1. Is chargeable to the member's sick leave balance. 2. Will be taken in no less than quarter-hour increments. R&R 103.05 — Emergency & Funeral Leave Page 2 of 5 3. Per the collective bargaining agreement, emergency family leave may only be used for an Immediate Family Member living in the same household. (Dependent children, are considered to be persons living in, the same hrrrrsehold. Ver 4icatirrrr (#'dependent slatrrs must be provided `'there is a gttestion, as to current status.) 4. A member may use emergency family leave if proper notification, documentation and/or verification regulations have been met. 5. Members using emergency family leave must submit Sick Leave Statement forms or physician's documentation as specified in SOG 103.OIB-Sick & Of -Duty Injury Leave. 6. If a question arises as to whether the "immediate family member living in the same household" requirement has been met, the following methods may be used for verification of residency: a. Members may be required to submit proof of residency documentation which may include, but is not limited to: 1. Driver's licenses indicating common residency. 2. Billing statements indicating common residency. 3. Tax forms listing dependents. 4. Legal documentation indicating guardianship. b. Random, unannounced home visits may be conducted. C. Home Visits: 1. May be conducted when/if: a. A member's annual FMLA benefit. m ) has been exhausted. b. A question remains as to verification of residency after the member has submitted proof of residency documentation. c. Information indicates that there has been a change in residency. d. Information indicates that there may have been falsification or untruthfulness in the verification process. 2. Will be unannounced and may occur at any hour during the member's duty shift. (Members are reminded of their responsibility to notify their Deputy Chief when leaving home while using sick leave) 3. Will only be conducted when the member is actually using emergency leave (his/her duty shift). D. Home Visit Process An Investigator will arrive at the member's residence for the purpose of verifying residency. The member must agree to the home visit and allow access to the Investigator or use of emergency leave will be immediately discontinued. 2. If the Investigator arrives at the home and no one answers the door, he/she will immediately call the member's cell phone number to determine the member's present location. 3. The home visit will be limited to gathering information necessary to verify proof of residency. R&R 103.05 — Emergency & Funeral Leave Page 3 of 5 4. Following the home visit, the Investigator will submit a report via email to the member's chain of command, up to and including the Fire Chief, with the information gathered at the home visit. VII. Funeral Leave Regulations & Responsibilities A. Funeral leave is non -chargeable to the member's sick leave balance. B. Personnel will be granted up to four (4) days off with pay for the death an Immediate Family Member. C. If a covered family member passes away, the employee will contact his/her Deputy Chief as soon as practical for notification purposes and to initiate proper documentation of funeral leave use. D. The Deputy Chief will notify the Fire Chief's office so that information on funeral arrangements can be distributed to all personnel. VIII. Documentation Reauirements & Responsibilities A. The Deputy Chief granting leave is responsible for entering the appropriate Firehouse and HTE activity codes for members using emergency or funeral leave. 1s ink hided indicali a rea o ��L �! �! ,t)re i the ole' e lien ' �illtilf r f illi �f einli lea B. The following payroll codes will be utilized: C. All documentation related to emergency family leave use and/or return to work will comply with SOG 105.02 Member Medical Information. D. The Deputy Chief is responsible for reviewing frequency, length and patterns of emergency and funeral leave use and following up as necessary to maximize efficiency and effectiveness of operations. IX. Consequences of Non -Compliance A. Because leave abuse is a serious offense, supervisors will initiate appropriate actions to investigate and document whether abuse has occurred. B. Members with knowledge of leave abuse are obliged to report infractions through their chain of command. R&R 103.05 - Emergency & Funeral Leave Page 4 of 5 Examples of Documentation Entered in the Firehouse Notes Section Code Description (Append to the A.ctiviiy Code entry ft)r the individual) EF Emergency Family Wife sick. EL Emergency Leave Car accident on way to work. FL Funeral Leave Father passed away. (John Smith-Broussard's Funeral Home, services on 1-5-2011) C. All documentation related to emergency family leave use and/or return to work will comply with SOG 105.02 Member Medical Information. D. The Deputy Chief is responsible for reviewing frequency, length and patterns of emergency and funeral leave use and following up as necessary to maximize efficiency and effectiveness of operations. IX. Consequences of Non -Compliance A. Because leave abuse is a serious offense, supervisors will initiate appropriate actions to investigate and document whether abuse has occurred. B. Members with knowledge of leave abuse are obliged to report infractions through their chain of command. R&R 103.05 - Emergency & Funeral Leave Page 4 of 5 C. Rules and regulations violations may result in counseling or disciplinary action, as indicated in the following table: R&R 103.05 — Emergency & Funeral Leave Page 5 of 5 1St Offense 2nd Offense 3rd Offense Nature of Violation Min/Max Min/Max Min/Max 1. Falsification of emergency or funeral leave documentation 2. Supervisory failure to act in 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ investigating or documenting 8 day Suspension 12 day Suspension Indefinite Suspension leave abuse 3. Working second Job, 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ recreational activities, etc. 8 day Suspension 12 day Suspension Indefinite Suspension while on emergency or funeral leave. 4. Failure to report known or 2 day Suspension/ 6 day Suspension/ 15 day Suspension/ suspected emergency or 4 day Suspension 12 day Suspension Indefinite Suspension funeral leave abuse 5. Documentation not Oral Counsel/ Written Counsel/ 8 day Suspension/ submitted or forwarded in a Written Counsel 8 day Suspension Indefinite Suspension timely manner 6. Failure to make proper Oral Counsel/ Written Counsel/ 8 day Suspension/ notification or request Written Counsel 8 day Suspension Indefinite Suspension R&R 103.05 — Emergency & Funeral Leave Page 5 of 5