Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 1 of 24
Table of Contents
I. Time Off With Pay.............................................................................................................................3
A. Paid Personal Leave (PPL)........................................................................................................3
B. Extended Illness......................................................................................................................... 7
C. Training Leave ...........................................................................................................................9
D. Jury Duty or Appearance as a Court Witness............................................................................9
E. Bereavement Leave.................................................................................................................10
F. Voting Leave ............................................................................................................................11
II. Leave of Absence ........................................................................................................................... 11
A. Types of Leave of Absence Covered by this Policy.................................................................11
B. Employee Rights......................................................................................................................12
C. Employee Responsibilities .......................................................................................................12
D. Manager Responsibilities.........................................................................................................13
E. General Eligibility and Authorized Amount of Time Off............................................................13
F. Definitions ................................................................................................................................17
G. Approval of Leave of Absence .................................................................................................18
H. Requesting a Leave of Absence ..............................................................................................18
I. Certification for Leave of Absence ...........................................................................................19
J. Communication with Manager and the Integrated Leave Management Office while on LOA..20
K. Working While on Leave of Absence .......................................................................................20
L. Job Retention and Placement..................................................................................................20
M. Alternate Duty Assignments for FMLA, Domestic Violence or Injury on Duty Leave...............20
N. Return to Work/Fitness for Duty Exams for Medical Clearance:..............................................21
O. Reasonable Accommodation for Disabilities............................................................................21
P. Application of Leave of Absence Hours Towards Attendance Policies....................................21
Q. Terminating Employees on Leave of Absence ........................................................................21
R. Retention of Employer and Employee Purchased Benefits: ....................................................21
III. Mandatory Leaves of Absence .......................................................................................................22
A. Mandatory Non-Disciplinary Leave ..........................................................................................22
B. Infection Control Furlough........................................................................................................22
IV. Union Leave.................................................................................................................................... 23
V. References...................................................................................................................................... 23
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 2 of 24
Purpose:
To define the policy and procedures of the Jackson Health System with respect to absence from work
related to the following types of leave:
Paid Personal Leave (PPL) and Extended Illness Leave (ESL)
Training Leave
Bereavement Leave
Jury Duty or Court Witness Leave
Voting Leave
FMLA (Family and Medical Leave Act) Leave
Medical Leave
Educational Leave
Extended Planned Personal Leave of Absence
Military Active or Reserve Duty Leave
Domestic Violence Leave
Mandatory Non-Disciplinary Leave
Infection Control Furlough
Release Time for Union Stewards and Association Representatives and other Leaves for
Bargaining Unit Employees
This policy outlines the eligibility requirements for each leave, describes whether the leave is paid or
unpaid, explains benefits during the leave or the significance of the leave with regard to benefits,
responsibilities of Jackson Health System, rights and responsibilities of the employee, the
responsibilities of his/her manager, and policies about working while on a leave of absence.
Certain absences from work fall under the category of Paid Leave, and represent leave time earned in
a Paid Time Off bank (such as Vacation and Sick leave) or which are granted at the discretion of Jackson
Health System in accordance with Federal, State and local laws (Jury Duty or Appearance as a Court
Witness, Voting, leave for Training required by JHS, and Bereavement Leave). These are described in
SECTION I: Time of with Pay.
Other periods of absence fall primarily under the Unpaid Leave category; these are leaves requested
for personal reasons or to fulfill military obligations, and generally involve an extended period of absence
from the workplace. They are outlined below under FMLA, Medical, Personal & Educational, and Military
Leave. For the purposes of this policy, they are described in SECTION II: Leave of Absence.
Mandatory absences for medical reasons, infection control or for disciplinary purposes can be paid or
unpaid depending on the nature of the reason for the leave, and are described in SECTION III:
Mandatory Leave.
Bargaining Unit employees are accorded leaves according to their collective bargaining agreement, and
under the Jackson policy concerning release time for union stewards and association representatives.
This is discussed in SECTION IV: Union Leave.
Employees covered by a Collective Bargaining Agreement should refer to their specific contract for
detailed information on any leave as it pertains to them.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 3 of 24
I. Time Off With Pay
A. Paid Personal Leave (PPL)
Paid personal leave hours are provided under the Personal Leave Plan to cover time off from
work that is planned and/or unplanned. All paid personal leave must be approved by the
employee’s department head, supervisor, or other designee.
1. A planned absence from work is defined as time off, requested and approved at least
twenty-four (24) hours in advance by the employee’s department head, supervisor, or
other person designated to approve time off. Requests for Planned Personal Leave are
made by completion of a Leave Request Form. Upon completion, the employee should
retain a copy of the form and submit the form to their manager or supervisor for review.
Managers will return a copy to the employee indicating approval or denial and return the
original for the departmental file.
a. Requests for planned personal leave of more than three (3) days shall be submitted
at least forty (40) days in advance unless extenuating circumstances give rise to the
need to submit requests within a shorter time frame.
b. Requests for extended time off with pay, i.e., in excess of two consecutive weeks,
must be made sixty (60) days in advance or in accordance with departmental
guidelines and any applicable bargaining unit agreement.
c. Requests for planned personal leave shall be approved based upon staffing needs
and to insure proper and adequate patient care.
d. All requests for planned personal leave in excess of four weeks must be submitted to
the Leave Management Office for approval. No manager or supervisor may approve
an employee for leave in excess of 4 weeks.
2. An unplanned absence is defined as time taken off by the employee that is unscheduled
and not approved in advance by the department head, supervisor, or other designee. In
order to receive pay for hours not worked due to an unplanned absence, employees must
provide timely notification prior to the start of the scheduled shift of work by contacting
Jackson’s absence reporting system at 1-877-562-8677 to report the unplanned absence
and by calling and providing a valid reason to their supervisor or authorized designee as
outlined in JHS Policy No. 358 - Absenteeism. Personal leave hours accrue from date of
hire.
PROCEDURE:
1. For unplanned absences, and FMLA, it is the employee's responsibility to contact the
absence reporting system by calling 1-877-562-8677 to request the leave, indicating the
nature of the absence and the amount of leave time desired. If an absence is unplanned
(in other words, the need for a leave is sudden and there is no time for advance notice),
the employee must contact 1-877-562-8677 and his/her immediate supervisor to report
the absence.
2. For all other types of absence requests, it is the employee’s responsibility to complete an
Absence Request Form and submit it to their supervisor for approval prior to the date of
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 4 of 24
the absence. Employees are not approved to take time off from work unless they have
received a signed Absence Request Form showing approval from their supervisor.
3. It is the supervisor's responsibility to assess staffing needs, determine if the time off-
with-pay request is to be authorized or denied, and approve or deny the request within
fourteen (14) calendar days from receipt of the request or as specified in any applicable
bargaining unit agreement.
4. If an employee becomes sick or injured while on a personal leave, the employee or the
manager on behalf of the employee must contact Jackson’s time off planning system at
1-877-562-8677 to report an FMLA absence. No employee will have their time converted
to extended illness without the submission of proper documentation substantiating said
illness.
5. Employees who have submitted a letter of resignation or notified their supervisor of their
intent to resign, will not receive extended illness payment for absences prior to their
separation date unless authorized by a physician.
6. Full-time employees are eligible for paid personal leave hours after the completion of six
(6) months of continuous service or, in the case of part-time employees, after six (6)
months equivalent of service (1040 hours).
Administrative offices and some ambulatory units are closed for business on legal holidays
recognized by Jackson Health. Recognizing that all newly hired employees will have a legal
holiday fall within their first six months of employment, this policy provides for an exception
for Jackson recognized legal holidays. New full-time exempt employees may take up to a
maximum of sixty-four (64) hours of paid planned personal leave during the first six (6)
months of employment to cover payment for a Jackson recognized legal holiday where the
employee is not required to work. New Full time hourly employees may take up to a
maximum of forty (40) hours of paid planned personal leave during the first six (6) months
of employment to cover payment for a Jackson recognized legal holiday where the
employee is not required to work. Planned PL will not be paid for any other reason during
the first six months of employment. Should the employee resign or be terminated prior to
the end of the first six (6) months, the dollar equivalent of the number of hours taken will be
deducted from the employee’s final paycheck. Bargaining unit employees must refer to the
appropriate union contract.
7. Full-time employees shall earn paid personal leave hours as follows:
a. During the first five (5) years of employment, 0.1115 hours shall be earned for each
hour in pay status per pay period up to a maximum of 8.920 hours (80 hours or more
in pay status). This approximates 29 days per year. However, a full-time employee
shall not be eligible to receive payment for personal leave days until after the first six
(6) months of employment, except as outlined in Section I.A.6.
b. In order to recognize longevity of service, employees with more than five (5) years of
continuous service shall earn personal leave hours as follows:
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 5 of 24
Year of
Employment
Per Hr. in
Pay Status
Max. Hours
Earned
Per Pay Period
Equivalent Day*
Earned Per Year
6
th
.1154
9.232
30
7
th
.1192
9.536
31
8
th
.1231
9.848
32
9
th
.1269
10.152
33
10
th
-15
th
.1308
10.464
34
16
th
.1346
10.768
35
17
th
.1385
11.080
36
18
th
.1423
11.384
37
19
th
.1462
11.696
38
20
th
on
.1500
12.000
39
*Calculations are based on 8-hour shifts.
c. Full-time employees who are assigned to work regularly scheduled ten (10) hour
shifts shall earn an additional twenty-two (22) hours of personal leave per year
(shorter periods of time will be prorated). Full-time employees who are assigned to
work regularly scheduled twelve and a half (12 ½) hour shifts shall earn an additional
thirty-eight point five (38.5) hours of personal leave per year (shorter or longer
periods of time will be prorated).
8. Part-time employees shall earn personal leave hours based on actual hours worked:
a. During the first 10,400 hours (first five (5) full-year equivalents, FTE), 0.1115 hours
shall be earned for every hour worked, up to a maximum accrual rate of 8.920 hours.
However, part-time employees shall not be eligible to receive payment for personal
leave until they have worked at least 1040 hours (six (6) month equivalent.
b. Employees who have worked more than five (5) full-year equivalents shall earn paid
personal leave hours as follows:
Hours Worked
Hours Earned
Per Hour Worked
10,401-12,480
.1154
12,481-14,560
.1192
14,561-16,640
.1231
16,641-18,720
.1269
18,721-31,200
.1308
31,201-33,280
.1346
33,281-35,360
.1385
35,361-37,440
.1423
37,441-39,520
.1462
39,521 on
.1500
9. Personal leave hours shall be paid at the employee’s regular shift rate of pay. Personal
leave hours may be accumulated up to a maximum of five-hundred (500) hours.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 6 of 24
10. Personal leave hours shall be used during the first three (3) consecutive scheduled
workdays (to maximum of twenty-four (24) hours) of any spell of illness. After 3 years, 16
hours of personal leave are used for illness and after 10 years, 8 hours of personal leave
are used; these personal leave hours shall be defined as unplanned absences. If
sufficient personal leave hours are not available to cover a spell of illness, any uncovered
portion shall be without pay, until the benefits of the Extended Illness Leave Plan are in
effect (Section I.B. below).
11. Employees who have at least 80 hours of unused Personal Leave hours as of the
election date (From December 1 through December 21) of any calendar year (the
“Election Year”) may voluntarily elect to receive cash instead of 40 to 160 hours (for
employees with less than 10 years of continuous service) or up to 240 hours (for
employees with 10 or more years of continuous service), but for no more hours than they
may accrue in the next calendar year (the “Accrual Year). The election must be made in
increments of one hour.
An election to cash out Personal Leave hours that may accrue in the Accrual Year must be
made before the beginning of the Accrual Year from December 1 through December 21 of the
Election Year.
The employee must make the election to cash out Personal Leave hours that he or she will
accrue in the Accrual Year in writing, on a cash-out election form provided by Jackson Health
System. All elections are irrevocable once made; employees cannot increase or decrease the
number of hours they will cash out in the Accrual Year after December 21 of the election year.
Payment of the cashed-out hours will be made in the last pay period of December of the
Accrual Year at the rate of pay at the time of payment. During the Accrual Year, accrued time
will be allocated on a pro rata basis between cash-out and Personal Leave time on the same
percentage basis as the cash-out amount is to the potential maximum accrual (for example, if
an employee elects to cash out 120 hours and is entitled to accrue a maximum of 240 hours in
the Accrual Year, personal leave accruals will be allocated 50% toward cash-out and 50%
toward the leave balance.)
Income tax and Social Security tax will be withheld from all checks. Elections to cash out
leave must be made on a tax (calendar) year basis.
Employees are solely responsible for assuring appropriate leave balances for their personal
needs. An employee will be in out-of-pay status (without pay) if appropriate leave balances or
other sources of payment of leave are not applicable.
PL Cash-Out Hours and Accrued PL Hours for usage are maintained in separate banks.
12. Upon separation from employment, the employee shall be eligible for payment of accrued
personal leave account hours.
a. To qualify for a 100% terminal benefit from the personal leave account, a minimum
of six (6) months of continuous employment (or its equivalent for part-time
employees) must be completed. Further, for job basis employees a minimum of four
weeks advance notice of voluntary resignation must be given and two weeks for
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 7 of 24
hourly paid employees, unless extenuating circumstances warrant a shorter time
frame.
b. An employee who has been discharged after a minimum of six (6) months of
continuous employment shall be paid 100% of terminal benefits.
c. The terminal leave benefit for accrued personal leave account shall be paid at the
employee’s base rate.
B. Extended Illness
In recognition of the employee’s need for income protection against extended illness, an extended
illness leave bank is established for each permanent employee. The number of hours earned and
used by the employee shall be accounted for through the employee’s extended illness leave
account.
1. To be eligible for payment of extended illness hours, the employee must fulfill the
following requirements.
a. A full-time employee shall have completed six (6) months of full-time employment.
b. A part-time employee shall have accumulated 1040 hours worked.
c. An employee shall give timely notice to the appropriate department head, supervisor,
or other designee of the inability to report to work due to their own illness and to
contact Jackson’s absence reporting system by calling 1-877-562-8677 to report the
absence due to illness. The department head, supervisor, or other designee shall be
kept informed on a daily basis of the employee’s physical condition and the expected
date of return. Employees are also expected to contact Jackson’s absence reporting
system daily.
d. A physician’s certificate describing the disability and the inability to work may be
required before approval will be given for payment of extended illness
hours.(Employees on leave for four consecutive days or more from work due to
illness and fail to produce a doctor’s note will be paid from paid personal bank and
not from their extended illness bank).
2. A full-time employee shall accrue 0.024 hours extended illness hours for each hour in
pay status per pay period up to a maximum of 1.850 hours per pay period, not to exceed
forty-eight (48) hours per year.
3. A part-time employee shall accrue 0.024 hours extended illness hours for every hour
worked, up to a maximum of 1.850 hours per pay period, not to exceed forty-eight (48)
hours per year.
4. An unlimited number of hours may be accumulated in the extended illness bank.
5. Extended illness hours shall be paid at the employee’s regular shift rate of pay, or in
accordance with the collective bargaining agreement of the employee.
6. FMLA will be declared on behalf of the employee on the fourth consecutive day of an
unplanned absence due to illness as stated by the employee.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 8 of 24
7. Payment for extended illness hours for employees with less than three (3) years of
service shall begin on the fourth (4
th
) consecutive working day of a spell of illness. The
first three (3) consecutive working days to a maximum of twenty-four (24) hours of illness
shall be paid out of the personal leave account, if available. The three (3) working days,
twenty-four (24) hour deductible will be waived for immediate family critical illness and an
employee’s illness requiring hospitalization. After three (3) full years of employment,
payment for extended illness shall begin on the third (3
rd
) consecutive working day or
after sixteen (16) hours of a spell of illness. After ten (10) full years of employment,
payment for extended illness shall begin on the second (2
nd
) consecutive working day or
after eight (8) hours of a spell of illness.
Extended illness payment shall begin on the first scheduled working day of the illness under
the following conditions:
a. Any illness requiring hospitalization, or
b. Employee is seen in out-patient care center for out-patient surgery, or
c. Occupational diseases or injuries sustained prior to receiving Workers
Compensation.
d. Continuing illness when employee attempts to return to work too soon.
8. For critical illness in the immediate family, an employee is entitled to five (5) days paid
extended illness hours per calendar year. The employee must contact the absence
reporting system at 1-877-562-8677 and request FMLA for the care of a family member
and submit documentation to support the illness of the family member as well as
documentation to show proof of a covered relationship.
9. Employees with less than thirty (30) years full-time PHT/County employment who retire
or resign from the PHT will be eligible to receive payment for up to a maximum of 1,000
hours of accrued extended illness leave at the employee’s current rate of pay at time of
separation, excluding any shift differential, prorated in accordance with the following
schedule:
Less than 10 years - No payment
10 years but less than 11 years - 25%
11 years but less than 12 years - 30%
12 years but less than 13 years - 35%
13 years but less than 14 years - 40%
14 years but less than 15 years - 45%
15 years but less than 16 years - 50%
16 years but less than 17 years - 55%
17 years but less than 18 years - 60%
18 years but less than 19 years - 65%
19 years but less than 20 years - 70%
20 years but less than 21 years - 75%
21 years but less than 22 years - 77.5%
22 years but less than 23 years - 80%
23 years but less than 24 years - 82.5%
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 9 of 24
24 years but less than 25 years - 85%
25 years but less than 26 years - 87.5%
26 years but less than 27 years - 90%
27 years but less than 28 years - 92.5%
28 years but less than 29 years - 95%
29 years but less than 30 years - 97.5%
Employees, who retire after 30 years of full-time PHT/County employment, will be eligible to
receive 100% payment of their full balance of accrued extended illness leave. Such payment
will be made at the employee’s current rate of pay at the time of retirement, excluding any
shift differential and will not be subject to any maximum number of hours.
C. Training Leave
It is the responsibility of Jackson Health System employees to accumulate the necessary
continuing education hours for their re-licensure and certification. Employees may be granted
training leave with pay by Department Directors to attend training meetings, educational
courses or seminars provided such attendance will benefit JHS.
Although JHS encourages attendance at workshops and seminars for professional growth,
departmental work needs must have primary consideration.
PROCEDURE:
1. An employee wishing to attend a training seminar, educational course, professional
workshop, or meeting, must request time off by submitting a Leave Request Form to their
supervisor.
2. The employee may be required to submit a brief statement and/or brochure describing
the purpose of the course, seminar, or meeting with the leave request.
3. Approval of the request by the appropriate officer of the division will be required.
4. Proof of attendance must be submitted to the Integrated Leave Management Office.
D. Jury Duty or Appearance as a Court Witness
Employees of the Jackson Health System who are called to serve on jury duty or to testify as
a witness under subpoena will be excused from work and will be paid their regular salary for
the duration of this service.
However, if an employee’s appearance as a witness is in no way related to the
employee’s position with JHS, with the permission of his/her department head the
employee may use accrued personal leave to participate in court proceedings, and may
accept the witness fee.
PROCEDURE:
1. Employees who are absent from work in order to serve on a jury or to testify as a witness
under subpoena, will be excused from work, with pay. To be excused, employees must
present an official notice of jury duty or a subpoena to appear as a court witness, to their
immediate supervisor and complete a Leave Request Form.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 10 of 24
2. Eligibility for Court Witness Leave: Employees with the following status codes are eligible
for court witness leave: Full Time, Temporary, Part Time, Emergency, and Substitute.
3. Jury Fees: Jury fees shall be retained by the employee.
4. Witness Fee: Employees testifying for the State, County or other official governmental
jurisdiction while on court witness leave shall not accept witness fees. An employee who
is subpoenaed by a private party to a suit and testifies while being excused from duty
with pay may accept a witness fee. However, the employee must turn over the witness
fee to the Jackson Health System.
E. Bereavement Leave
Jackson employees are eligible for leave with pay in the event of a death in their immediate
family (as defined in the Procedure section below). Bereavement Leave provides leave with
pay in the event of the death of an employee’s immediate family member.
PROCEDURE:
Employees in the following status codes are eligible for bereavement leave if they have been
in pay status for 9 pay periods: Full Time, Emergency, and Substitute. (Employees in the
following status codes are not eligible: Temporary and Part Time).
Immediate family includes the following:
Employee’s or employee’s spouse’s (“Spouse” is understood to include a “significant
other” living within the same household)
Child
Mother
Father
Sister
Brother
Grandmother
Grandfather
Son-in-law
Daughter-in-law
Any person in the general family whose ties would normally be considered
“immediate family” and who is living within the same household (proof required)
In obtaining authorization for bereavement leave, the employee will be required to provide the
following:
Name of deceased
Relationship of the deceased to the employee
Copy of an obituary, memorial document or other documentation confirming the death
and the relationship of the deceased to the employee
Three (3) work days of bereavement leave for the number of regularly scheduled hours for the
employee will be granted when authorized This leave is not charged to any accrued leave,
however absences in addition to the three work days’ bereavement leave may be charged to
the employee’s paid time off bank. More than one bereavement leave may be granted in a
year.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 11 of 24
(Employees who are members of the GSAF bargaining unit are allowed five (5) work days of
bereavement leave in accordance with their collective bargaining agreement)
F. Voting Leave
It is Jackson’s policy to encourage employees to exercise their rights as citizens and to
participate in all elections by casting their votes. JHS will allow each employee who is a
registered voter sufficient time to vote.
PROCEDURE:
1. Employees who are scheduled for a shift of at least eight (8) hours in duration on election
day, and more than one-half (1/2) of the hours of the scheduled shift between the hours
of 7:00 a.m. and 7:00 p.m. are entitled to up to one hour of time off to vote.
2. Employees will be required to show proof of voter registration to their supervisor in order
to obtain approval for time off to vote.
3. Employees should submit a Leave Request form to their supervisors at least 2 weeks in
advance of the Election Day to request time off to vote.
4. Supervisors shall normally grant an appropriate amount of time off to vote at the
beginning or end of the shift, based on the employee’s work schedule and the location of
the employee’s precinct. Requests for voting time at other than the beginning or end of
the shift may be granted when necessary.
5. Supervisors are responsible for directing and controlling unit operations. They must,
therefore, ensure appropriate staff coverage to handle unit workload.
II. Leave of Absence
Eligible employees may be granted up to 180 days of leave of absence, whether in pay status or
out of pay status, unless the leave is for education, personal leave, military leave, by court order, or
extended by the existence of extended illness time in an employee’s leave bank.
Leave of absence will be administered under the requirements of applicable federal, state and local
laws and statutes, and according to Jackson Health System policy and the rules of the Public Health
Trust.
A. Types of Leave of Absence Covered by this Policy
1. Family and Medical Leave Act (FMLA) and Florida Leave Ordinance Leave (including
Military Caregiver Leave, effective 1/16/2009)
2. Military Exigency Leave
3. Medical Leave of Absence
4. Educational Leave
5. Extended Personal Leave of Absence
6. Domestic Violence Leave
7. Military Active Duty Leave and Military Reserve Leave
8. Injury on Duty Disability Leave
Employees must use paid leave benefits according to pay rules, to pay for time off while on an
approved Leave of Absence.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 12 of 24
All leave of absence periods run concurrently and will be applied to the 180-day entitlement. The
first 12 weeks of any medically-/health-related Leave of Absence (including any Injury on Duty
leave, which is covered separately in Policy 347, Injury and Illness Reporting, Workers’
Compensation) will automatically be designated as FMLA leave, provided the employee is eligible.
The Integrated Leave Management Office, in agreement with the employee’s department manager,
has the right to deny commencement of leave until all certifications and approvals are obtained.
Failure to submit notification, obtain certification and/or approval in a timely manner will result in
denial of leave of absence benefit.
Except when an employee is incapacitated, the Integrated Leave Management Office and the
employee’s immediate manager must approve a Leave of Absence before the leave. The Division
head or designee must approve any non-FMLA Leave of Absence. The President or designee in
Human Resources must approve any leave over 180 days (unless otherwise authorized by the law).
B. Employee Rights
1. Employees who are eligible for benefits will be entitled to retain employer-sponsored
benefits and employee-purchased benefits, as long as they are on an approved leave of
absence and continue to make benefit co-payments.
2. Employees using FMLA and Domestic Violence Leave will be maintained in their current
or equivalent position for the duration of the leave period, whenever possible.
3. Upon completion of an approved non-FMLA/non-Domestic Violence Leave of Absence,
reasonable effort will be made to return the employee to their previous assignment.
However, there is no guarantee. Employees will be guaranteed their previous
classification, but not necessarily their previous assignment, shift, or days off.
C. Employee Responsibilities
1. Employees are expected to schedule a leave of absence in a manner that does not
interfere with business operations or place undue hardship on co-workers.
2. Employees must apply for a Leave of Absence at least 30 days before the leave
commences. If 30 day advance application is not practicable, the employee must begin
the application process as soon he or she is aware of the need to take time off from work.
FMLA, Domestic Violence, and any Medical Leaves of Absence must be requested by
contacting Jackson’s absence reporting system at 1-877-562-8677. Approval must be
obtained before the leave commences, whenever possible.
3. Military Active Duty, Military Reserve Duty and Educational Leave of Absence (greater
than 2 weeks in duration) must be requested by submitting a completed Leave Request
form to the supervisor at least 30 days in advance or as soon as the need for leave is
known.
4. The employee must provide appropriate certification of the need for a Leave of Absence
along with the request.
5. Throughout a leave of absence, an employee is expected to communicate on a bi-weekly
basis with his or her immediate manager and the Integrated Leave Management Office
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 13 of 24
regarding his/her intention to return to work and anticipated return-to-work date, or to
inform their manager of a need for continuing Leave of Absence.
6. Employees must make arrangements with the Employee Benefits department to pay
benefit premium payments (see Section II.B.1. in the Employee Rights section above).
Failure to make appropriate premium payments will result in a loss of benefits.
7. Employees on leave may not commit any work rule violation while on a Leave of
Absence. Jackson Health System retains the right to discipline employees for any work
rule violation while the employee is on a Leave of Absence.
8. Employees should contact their manager prior to returning to work to make arrangements
to be placed back on the work schedule.
9. Employees who use a leave of absence for health reasons will be required to be
medically cleared through Employee Health Services. Please refer to JHS Policy No. 391
- Return to Work Clearance.
10. Employees must contact the Employee Benefits department within the first pay period in
which they return to work to reconcile benefit payments.
11. An employee must return to work on the day specified, or he/she may be terminated for
job abandonment.
D. Manager Responsibilities
1. The employee’s Manager and Director are responsible for approval or denial of leaves as
outlined in Section II.G. Approval of Leave, below.
2. The Manager is responsible for monitoring employees on Leave of Absence and taking
appropriate action as outlined in this policy.
3. Managers may not request specific medical information from an employee, the Integrated
Leave Management Office, or Jackson’s absence reporting system. No medical
information will be released without the employees’ permission.
4. The Manager is responsible for insuring that the employee returns to work as scheduled,
or to take appropriate action as outlined in Section II.Q. Terminating Employees on
Leave of Absence, below.
PROCEDURE:
E. General Eligibility and Authorized Amount of Time Off
1. Family and Medical Leave
The employee must have worked for the Jackson Health System at least 12 months
including any prior employment with Jackson Health System. In the 12 months prior to the
current period of leave, the employee must have worked 1250 hours and must not have
used 12 weeks of FMLA leave. The leave must be for the birth or adoption of a child, for
the employee’s own serious health condition or to care for a covered person with a
significant health condition. Covered persons are limited to the employee, a spouse,
parents or a child under 18. Grandparents, registered domestic partners, the children of
registered domestic partners and the parents of the registered domestic partner are also
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 14 of 24
covered under the Miami-Dade County Family Leave Ordinance (FLO). Married
employees who work for the same employer (JHS) must share the 12 weeks for the birth
of a child. FMLA leave may be taken as continuous time off, or be taken intermittently to
reduce the number of hours used in a pay period. Note: Federal guidelines for FMLA
supersede Miami-Dade FLO benefits except for the addition of the grandparents and
domestic partner relationships as covered parties.
Employees requesting FMLA to care for a child, parent, grandparent, domestic partner
relationship or spouse will be required to provide proof of the covered relationship.
Acceptable forms of proof are as follows:
ACCEPTABLE DOCUMENTATION
Marriage License or copy of prior year tax
return
Birth Certificate of the employee
Miami Dade County Certificate of
Domestic Partnership
Birth Certificate or copy of prior year tax
return
Birth Certificate of child and Miami Dade
County Certificate of Domestic Partnership
Birth Certificate of the Domestic Partner
showing the name of the parent and Miami
Dade County Certificate of Domestic
Partnership
Birth Certificate and copy of Marriage
License OR copy of prior year tax return
Court Documents naming employee as
parent
Court order naming employee as legal
guardian, custodian
Birth Certificate of the employee and Birth
Certificate of the Parent, showing the
name of the GrandParent and a copy of
prior year tax return showing financial
dependency of the grandparent
Employees may use FMLA leave continuously or intermittently (except for the care of a
newborn child). Employees who take FMLA intermittently have a statutory obligation to
make a “reasonable effort” to schedule such leave to be as non-disruptive as possible to
the operations of their department. Employees are required to provide notice of the need
for FMLA leave at least 30 days in advance or as soon as the need for leave becomes
apparent.
The employee is responsible to ensure that the “Certification of Health Care Provider” form
is completed and submitted within 15 days. The Healthcare Provider may be contacted for
clarification and authentication of the medical certification by certain persons at Jackson
(including another healthcare provider, a human resources professional, or a leave
administrator or a management official, but not the employee’s direct supervisor) with the
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 15 of 24
permission of the employee. If the employee refuses to give permission to have the
Healthcare Provider contacted, the FMLA leave may be denied.
Effective January 16, 2009, changes to FMLA regulations provide expanded FMLA
benefits to members of military families, as defined below:
Military Caregiver Leave allows eligible employees to take up to 26 weeks of leave to care
for a family member who becomes seriously ill or injured as a result of service in the
military or who has a pre-existing injury or illness that was aggravated by service in the
line of active duty. Employee must be the spouse, son, daughter, parent or next of kin or
a covered service member.
(Next of kin is identified as a blood relative who has been granted legal custody of the
service member by court decree or statutory provisions, brothers and sisters,
grandparents, aunts, uncles and first cousins)
Covered service member is identified as a current member of the armed forces, National
Guard, reserves, or members of these forces who are on temporary disability retired list
and covered veterans who are undergoing medical treatment, recuperation or therapy for
a serious injury or illness.
This leave may be taken on an intermittent or reduced schedule basis.
In order to qualify for this leave, the Military Medical Form must be completed by a
Department of Defense health care provider including TRICARE and/or providers for the
U.S. Department of Veteran Affairs.
2. Military Exigency Leave
Allows eligible employees to take up to 12 work weeks of job protected leave to manage
their affairs when a qualifying family member who is a member of the military is called for
covered active duty.
Leave will be granted for one of the following “qualifying exigencies”
a. short notice deployment (7 days or less)
b. military events and related activities
c. childcare and school activities
d. financial and legal arrangements
e. counseling (anxiety, stress, etc.)
f. rest and recuperations (15 days)
g. post deployments activities (90 days)
h. additional activities to address other events which arise out of the military member’s
covered active duty or call to active duty status which the employer and the
employee agree to the leave.
i. parental care (care of the military member’s parent who is incapable of self care)
j. Medical Leave of Absence (MLOA)
Eligible employees must be in one of the following status codes: full time, emergency,
substitute, part time with benefits, and grants with benefits. Medical leave may only be
taken for the employee’s own significant health condition and must be used as continuous
days off after all FMLA benefits have been exhausted. The shortest period of time for
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 16 of 24
Medical Leave of Absence is two weeks unless the Medical LOA is following an approved
FMLA absence.
3. Educational Leave
Eligible employees must be in one of the following status codes: permanent, exempt,
emergency, substitute, part time with benefits, grants with benefits. Educational leave
must be used as continuous days off. The shortest period of time an employee may take
an Educational Leave is two weeks.
4. Extended Personal Leave
Eligible employees must be in one of the following status codes: permanent, exempt,
emergency, substitute, part time with benefits, and grants with benefits. Extended
Personal leave must be used as continuous days off. The shortest period of time an
employee may take an Extended Personal Leave is four weeks unless it is following an
approved FMLA for the care of a Family Member.
5. Domestic Violence Leave (DVL)
Employees must have worked for JHS at least 90 days and have worked 308 hours in the
previous 90 days from the first date the leave is taken. Up to 30 days of Domestic Violence
Leave may be used within a 12 month period if the employee is not eligible for FMLA, or
after FMLA is exhausted. DVL may be used to seek safe space, obtain legal support,
attend court and for counseling. Domestic Violence Leave may be used continuously or
intermittently, or to reduce the number of hours worked in a pay period.
6. Military Reserve Leave (Mil RS) and Military Active Duty Leave (Mil Act)
a. Military Reserve Leave
Eligible employees must be in one of the following status codes: permanent, exempt,
temporary, part time, emergency, or substitute. An eligible employee must be a
member of the armed forces reserve or the National Guard. The employee must submit
a Leave of Absence Request form and official orders for approval of the leave.
A maximum of seventeen (17) working days of military reserve leave may be granted
in a fiscal year. Shifts of twelve (12) hours or less are counted as one (1) working day;
all other shifts over 12 hours and up to twenty-four (24) hours will be counted as two
(2) working days.
Upon return from military reserve, employees (in all categories with the exception of
temporary or seasonal) will be reinstated to their same classification and seniority; they
will continue to earn seniority credit for the period of their military service.
b. Military Active Duty Leave (Mil Act):
Employees with the following status codes are eligible for military active duty leave:
permanent, exempt, part-time, emergency, and substitute (Temporary employees are
not eligible for military active duty leave).
Eligible employees must:
be a member of the armed forces reserve or the National Guard and must be
activated, or his/her active duty extended during a period when an appropriate
public official declares a state of emergency during peacetime, OR
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 17 of 24
enter the armed forces during a period of declared war between the United States
and a foreign government, OR
be called to active duty in the armed forced or National Guard during wartime, OR
be ordered to duty out of the country.
The employee must provide a copy of his/her official orders when applying for the
leave of absence.
Employees called to active military duty are entitled to full pay for the first thirty (30)
days of their leave. They are entitled to the thirty days of paid leave each time they are
called for active military duty, even if they are called more than once in the same fiscal
year. In order to be eligible for more than one paid 30-day military active duty leave
period in the same fiscal year, the employee must have returned to work between
deployments. Employees whose active military leave extends beyond one fiscal year
will be granted up to an additional 30 days of paid military active duty leave for each
additional year they are on active duty.
The 30-day period
Begins on the first day of the official orders, regardless of whether it is a work day
or a day off.
Extends through to the last day of the official orders or for thirty calendar days
whichever comes first.
Includes each calendar day in between.
Upon return from military reserve, employees will be reinstated to their same
classification and seniority; they will continue to earn seniority credit for the period of
their military service.
7. Injury on Duty Disability Leave (IOD)
Eligible employees must be in one of the following status codes: permanent, exempt,
emergency, substitute, part time with benefits, and grants with benefits. Leave must be
approved by Worker’s Compensation. IOD leave may be used continuously, intermittently
or to reduce the hours worked in a pay period. IOD leave runs concurrent with FMLA and
other medical and non-medical leaves (see JHS Policy No. 347 - Injury and Illness
Reporting, Workers’ Compensation for more detail.)
F. Definitions
1. For the purpose of eligibility, a 12-month period is defined as 12 months measured
backwards from the first day of the current leave period requested.
2. For the purpose of counting days used for LOA, a 12-month period is defined as 12
months measured forward from the first date the employee uses any approved leave of
absence hours.
3. For the purpose of counting the number of days and/or hours for intermittent or reduced
schedule leave, a work week is defined as the average hours in the scheduled work
week at the time leave is requested. For instance for FMLA, an employee working a 40-
hour work week is entitled to 480 hours (12 work weeks). An employee working a 36-
hour work week is entitled to 432 hours; a 30-hour work week is entitled to 360 hours,
etc.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 18 of 24
G. Approval of Leave of Absence
1. The employee’s immediate manager and the Integrated Leave Management Office must
approve a Leave of Absence before the leave commences except when the employee is
hospitalized or otherwise incapacitated. Employee must contact JHS’s absence reporting
system at 1-877-562-8677and his/her immediate supervisor as soon as is practicable.
2. The Department Director must approve any non-medical leave of absence.
3. The Department Director and the President or the President’s designee in HRCMD must
approve a non-medical leave of absence in excess of 12 months.
H. Requesting a Leave of Absence
1. Whenever possible, it is the employee’s responsibility to schedule time off in a manner
that does not interfere with business operations or place undue hardship on co-workers.
2. Failure to submit requests to the absence reporting system by calling 1-877-562-8677
and the immediate manager provide appropriate certification or to obtain approval from
the Integrated Leave Management Office may result in lost time being charged to the
attendance policy or in charges of job abandonment.
3. The manager has the right to delay non-emergency leave based on the needs of the
work unit or pending appropriate certification and approval.
4. All new FMLA, Medical LOA, Domestic Violence, and Injury on Duty Leave of Absence
requests and requests to renew an initial request must be initiated by the employee
through the absence reporting system by calling 1-877-562-8677. Requests to use
FMLA, Domestic Violence or Injury on Duty leave intermittently after the initial request
has been granted for a specific period of time must be requested by the employee
through the absence reporting system. A Leave Request must be submitted and
approved for each period of time requested off.
5. Educational, Military Reserve, Military Active Duty, and Extended Personal Leave
Requests will be requested through the completion of a Leave Request Form. This form
must be submitted to the Leave Management Office by Department managers for final
approval of Educational, Military, and Extended Personal Leave Requests.
6. All requests must include the date the leave is to begin and the exact or approximate
date the employee intends to return to work and the type of leave requested. If the exact
date is not known, the employee must designate a date the employee agrees to provide
an update to the manager regarding intention to return to work or the need to extend the
Leave. The leave request should indicate if the return to work date is exact or an
estimated date.
7. Planned requests must be submitted and approved by the manager and the Integrated
Leave Management Office at least 30 days in advance of the start of the leave unless the
need for leave was not foreseeable and cannot be delayed 30 days. If 30 days’ notice is
not possible, the employee must submit a request form and seek approval from the
manager and the Integrated Leave Management Office before the leave commences
unless the employee is physically unable.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 19 of 24
8. Unplanned Leave and Emergencies: In the case of an emergency preventing the
employee from coming to work, the employee should notify the manager verbally as soon
as the need for time off is known. If the employee is eligible, the manager should notify
the employee that the time off is being designated as FMLA, pending certification of the
medical documentation supporting the time off.
9. Intermittent or Reduced Leave Hours
a. Employees who have been approved to use FMLA or Domestic Violence leave on an
intermittent basis or to reduce the number of hours worked in a day or work week for
a specific reason or covered party must contact Jackson’s absence reporting system
by calling 1-877-562-8677 to obtain approval for each period of time off requested.
b. Jackson’s third party administrator will determine if additional certification is required
based on the information on file and notify the manager if the leave is approved.
Failure to submit a request and/or obtain approval may result in the time off being
charged as an absence occasion.
10. Retroactive Requests: Requests to use Leave of Absence retroactively will not be
approved unless the employee can demonstrate that:
a. The reason for the leave was unforeseeable and the employee was incapacitated
and unable to communicate the need for a leave of absence to the supervisor, or;
b. The employee took appropriate steps to arrange time off and the supervisor failed to
take action to assist the employee to obtain a leave of absence in accordance with
policy.
I. Certification for Leave of Absence
1. The employee must provide appropriate certification of the need for a Leave of Absence
along with the request. The approving authority may approve or deny request based on
the facts of each case.
2. Appropriate certification is as follows:
a. For FMLA, Department of Labor Medical Certification Form or a letter from the
Health care provider with equivalent information.
b. Copy of military orders.
c. Affidavits certifying that dependents for the FMLA or Domestic Violence Leave is a
dependent for Federal income tax purposes or is a covered party.
d. Copy of acceptance and continued attendance to an educational institution.
3. Managers may not request specific medical information from the employee, the
Integrated Leave Management Office, or Jackson’s third party administrator of FMLA.
Jackson’s third party administrator will advise the manager of the general reason for the
time off and the covered party but employees will submit medical information they wish to
remain confidential directly to Jackson’s third party administrator. No medical information
will be released without written permission from the employee.
4. Recertification of Leave: Employees may be required to recertify the need to continue on
a leave of absence periodically throughout the leave. For FMLA, recertification cannot be
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 20 of 24
requested less than every 30 days or any less time than the provider certified that time
needed to be taken off duty. However, if the manager has reason to doubt the need for
the leave, or the validity of the certification, the manager may ask the Integrated Leave
Management Office to clarify the need to continue LOA.
5. Clarification of Certification/Second and Third Opinions
Jackson Health System reserves the right to have appropriate JHS Leave Management
staff or Employee Health staff contact the employee’s doctor to clarify requests for leave
with the employee’s permission, and to obtain second and third medical opinions as
necessary in accordance with applicable law.
J. Communication with Manager and the Integrated Leave Management Office while on LOA
1. Employees on a leave of absence must keep the manager informed periodically (every
two weeks) of their plans to return to work throughout their leave of absence. Employees
are also required to keep their contact information current by immediately submitting any
change in address or other contact information through Employee Self Service at the
Jackson Health website (www.jacksonhealth.org).
2. Employees should contact the manager at least 2 weeks prior to the end of the leave to
plan a return to work schedule, and should also contact the Employee Health Services
for return to work clearance process. Please refer to JHS Policy No. 391 - Return to Work
Clearance for additional information.
K. Working While on Leave of Absence
Work requests for employees on approved FMLA or Worker’s Compensation should be sent
to ILM and will be considered on a case-by-case basis by ILM in collaboration with
Employee/Labor Relations.
Employees on any other leave may not work or seek a transfer to another department while
using Leave of Absence hours unless a prior request for outside employment has been
approved in accordance with JHS Policy No. 311 - Outside Employment at least 60 days prior
to the start date of the leave of absence.
L. Job Retention and Placement
1. Employees returning from a Leave of Absence will be assigned to their previous or
equivalent job assignment and shift whenever possible.
2. The Division Executive Vice President, Senior Vice President or Vice President is
responsible for placing the employee returning from leave of absence within the division.
If no assignment is available in the Division, the employee will be referred to the Senior
Vice President and Chief Human Resources Officer or designee for placement in another
area.
3. Employees out of work for an extended period or transferred to another work area will be
required to complete a new orientation period upon return to work. Failure to complete
that work successfully may result in progressive discipline.
M. Alternate Duty Assignments for FMLA, Domestic Violence or Injury on Duty Leave
1. Employees using FMLA, Domestic Violence or Injury on Duty leave on an intermittent, or
a reduced leave basis may temporarily be assigned to a different work area and shift for
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Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 21 of 24
the duration of the leave if the time taken off by the employee affects the efficient
operation of the work unit. However, reassignment is not required.
N. Return to Work/Fitness for Duty Exams for Medical Clearance:
1. Employees should contact their manager prior to returning to work, and seek medical
clearance from Employee Health Services. Please refer to JHS Policy No. 391 - Return
to Work Clearance for additional information.
2. Employees must contact the Employee Benefits department within the first pay period in
which they return to work, to reconcile benefit payments.
O. Reasonable Accommodation for Disabilities
Employees who are unable to return to their previous job classification or assignment on
a full time basis for disability reasons may apply for a reasonable accommodation. Please
refer to JHS Policy No. 326 - Reasonable Accommodations, for more information.
P. Application of Leave of Absence Hours Towards Attendance Policies
1. Any time taken off work that is not approved as a leave of absence according to
guidelines will be considered an “absence occasion” as outlined in JHS absenteeism
policies.
2. Requests to apply leave of absence hours retroactively as a result of impending
discipline will be considered under the conditions outlined in section regarding retroactive
requests.
Q. Terminating Employees on Leave of Absence
1. Employees who fail to return to work as scheduled, or who fail to obtain approval for a
leave of absence after following the appropriate procedures, may be considered to have
abandoned their jobs.
2. Employees who have exhausted their leave of absence benefits may be evaluated to
determine if they are unable to continue working due to medical reasons. If so, the
employee may be considered to have involuntarily resigned for “health reasons” or may
be separated for inability to perform work due to medical reasons.
R. Retention of Employer and Employee Purchased Benefits:
1. Employees who are eligible for benefits will be entitled to retain employer sponsored and
employee purchased benefits as long as they are on an approved leave of absence and
continue to make benefit co-payments.
2. Employees who fail to pay co-benefit payments for more than two pay periods may have
their benefits canceled.
3. Employees will not continue to accrue paid leave banks while on unpaid leave of
absence.
4. The anniversary date for Merit increases and Performance evaluations will be adjusted
for the amount of pay periods in unpaid status.
5. Employees will not accumulate time towards Florida and PHT retirement program while
in non-paid leave status.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 22 of 24
III. Mandatory Leaves of Absence
It is the policy of JHS that under circumstances described in this section a department Director may
require an employee to take paid or unpaid leave.
A. Mandatory Non-Disciplinary Leave
If an employee is unable to perform the duties of a position due to illness, injury, mental
incapacitation or pregnancy, or where an examination has been legally mandated, a
department director has the authority to require an employee to take paid or unpaid leave.
PROCEDURE
Employees in all status codes may be subject to mandatory leave.
When, in the opinion of a department director, an employee is unable to perform the duties of
a position due to illness, injury, mental incapacitation or pregnancy, or where an examination
has been legally mandated, the department director may require the employee to submit to a
medical or psychological examination by a physician, psychologist, or other appropriately
licensed health care professional designated by Employee Health Services. The director will
designate the leave as mandatory by issuing a memorandum to the employee and providing a
copy to the Integrated Leave Management Office via e-mail at [email protected]. The
department director will require that the employee not return to work until such examination is
completed and a written evaluation is available for review. The department director will place
the employee on administrative leave until such time as he or she has reviewed the evaluation,
and has referred the employee to the nearest Employee Health Services office for evaluation.
He/she will notify Integrated Leave Management of the employee’s return to work.
The period of mandatory time is the period of time medically determined to return the employee
to normal health. This period begins when the department director reviews the
medical/psychological evaluation and decides not to permit the employee to return to work,
and ends when the employee is released by his/her physician to return to full duty.
The employee may return to work only when it has been medically determined that the
employee has returned to normal health and is able to perform his/her jobs duties.
If an employee is deemed medically unable to work for a period of time of 4 days or more, the
absence may be designated as FMLA leave.
During the period of mandatory leave, at the discretion of the department director, the
employee must use any accrued leave or compensatory time available to him/her, or the
employee may take an unpaid leave of absence.
B. Infection Control Furlough
It is JHS policy to take whatever measures are necessary to protect patients, employees,
visitors and the public from communicable disease. This may include, but is not limited to,
preventing employees with a communicable disease or infection from working until their
condition is no longer a threat to others, requiring immunizations and health screening as a
condition of employment, and enforcing appropriate use of protective devices or equipment.
Please refer to JHS Policy No. 355 - Infectious and Communicable Diseases, Prevention and
Management of Exposures for more information.
Jackson Health System Policy No. 319
Section: 300 - Personnel
Subject: Personal Leave, Leave of Absence, Mandatory Leave,
Union Leave
Revised: 03/28/2017
Supersedes: 03/08/2013
Page 23 of 24
IV. Union Leave
RELEASE TIME FOR UNION STEWARDS AND ASSOCIATION REPRESENTATIVES AND
OTHER LEAVES FOR BARGAINING UNIT EMPLOYEES
Employees covered by a Collective Bargaining Agreement should refer to their contract for
specific provisions about leaves. Where information expands upon or conflicts with any
information provided in this policy, the Collective Bargaining Agreement takes precedence.
V. References
Responsible Party: Associate Director
Integrated Leave Management & Worker’s Compensation
Chief Human Resources Officer
Jackson Health System
Reviewing Committee(s): Not Applicable
Authorization: President and CEO, Jackson Health System