LEAVE POLICIES.

Dallas City Code ch. 34, art. III

in effect

Dallas City Code § 34-21.1 GENERAL.

SEC. 34-21.1. GENERAL. The provisions of this article may be modified by a city council ordinance or resolution adopting a meet and confer or collective bargaining agreement. If any provision of this article conflicts with a provision of a meet and confer or collective bargaining agreement adopted by the city council, the provision of the meet and confer or collective bargaining agreement will prevail. (Ord. 28024)

Dallas City Code § 34-22 SICK LEAVE.

SEC. 34-22. SICK LEAVE. (a) Eligibility. Every permanent employee accrues and may use sick leave upon initial appointment. (b) Reappointments. A person reappointed as a city employee under conditions described in Section 34-10(a)(1) or (a)(2) retrieves sick leave credit accumulated before the person's previous termination from city employment and is entitled to both accrue and use sick leave after reappointment. (c) Sworn employee's sick leave eligibility. (1) A sworn employee of the police or fire department may take 30 sick leave days each calendar year. This amount shall not exceed 360 hours for a sworn employee in the emergency response bureau of the fire department and 240 hours for every other sworn employee of the police or fire department. (2) Any sick leave days taken in excess of the number that, under Subsection (d), can be accrued during a year will be subtracted from the employee's accrued sick leave balance. (d) Accrual. Every permanent employee accrues sick leave each year as follows: (1) A sworn employee in the emergency response bureau of the fire department accrues six hours each bi-weekly pay period, to a maximum of 144 hours annually. (2) A sworn employee in the communications bureau of the fire department accrues four hours each bi-weekly pay period, to a maximum of 96 hours annually. (3) Every other bi-weekly paid employee accrues five percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 96 hours annually. (4) Every weekly paid employee accrues five percent of hours paid up to 40 in each weekly pay period, to a maximum of 96 hours annually. (e) Maximum accrual. The maximum sick leave that may be accrued is 2,160 hours for a sworn employee in the emergency response bureau of the fire department and 1,440 hours for any other employee. When an employee's accrued sick leave reaches the maximum number of hours, the accrual ceases until the employee takes sick leave hours. (f) Computation of sick leave taken. An absence charged to sick leave will be for the number of hours in the standard work day and will not include overtime whether scheduled or not. An absence charged to sick leave for a sworn employee of the emergency response bureau of the fire department will be made on the basis of 24 hours for each scheduled work shift. (g) Sick leave usage. Sick leave may only be granted or taken when: (1) an employee is incapacitated for the performance of duties due to an illness, surgical procedure, or off-job injury; (2) a medical, dental, or optical examination or treatment is necessary, provided that prior approval of the supervisor is obtained; (3) an employee is incapacitated by or recovering from pregnancy, miscarriage, abortion, or childbirth; (4) it is necessary to care for an immediate family member who is ill or incapacitated; (5) an employee has been exposed to a contagious disease, meaning one that would warrant quarantine by a health officer, and the employee's presence on the job would jeopardize the health of others; (6) it is allowed under the city's wage supplementation plan; or (7) it is allowed under the city's administrative directives governing the administration of the Family and Medical Leave Act. (h) Notice of unexpected absence. (1) Notice of absence due to an illness, injury, or any other unexpected reason must be given in the following manner: (A) Every employee, except one covered by Paragraph (1)(B) of this subsection, must give notice to the employee's supervisor from within two hours before to within 30 minutes after starting time, depending upon departmental procedures. The supervisor may require the employee to report on each succeeding day of absence. (B) An employee in a department with a 24-hour, seven-day work schedule must give notice to the employee's supervisor at least one hour before reporting time on the first day of the absence and, if required by the supervisor, on each succeeding day of absence. (2) Failure to give the notice required in this subsection may result in the employee being declared absent without leave and subject to disciplinary action. (i) Physician's statement. Upon request by a supervisor, a department director, or the director of human resources, an employee may be required to: (1) furnish a statement from an attending physician demonstrating the existence of circumstances described in Subsection (g)(1), (2), (3), (4), or (5) of this section; or (2) submit to a physical or mental examination by a health care provider (including but not limited to a physician or psychologist) selected by the city. (j) Refusal to return from sick leave. An employee who is released by the treating physician to return to regular or limited duty and who refuses to report for work or perform assigned duties is subject to disciplinary action. (k) Holidays. If an official holiday occurs during a period of illness, an employee will be charged for the holiday instead of for sick leave. (l) Illness during vacation. If an employee becomes ill while taking vacation leave, the period of illness may be charged as sick leave and the charge against vacation leave will be reduced accordingly. A request for this substitution must be made within two days after the employee's return to work and must be supported by a medical statement. (m) Sick leave during suspension. An employee on suspension forfeits use and accrual of sick leave for the duration of the suspension. Upon completion of the suspension, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before sick leave credit and accrual may be restored. (n) Sick leave during leave without pay. An employee on leave without pay forfeits use and accrual of sick leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the City's Family and Medical Leave provisions. Upon completion of the leave without pay, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before sick leave credit and accrual may be restored. (o) Military service. Sick leave for an employee performing duties in the military service is governed by Section 34-30 of this chapter and administrative directives established pursuant to that section. (p) Sick leave adjustment for changes in work schedules. A sworn employee of the fire department will have any sick leave balance adjusted proportionately to reflect differences in work schedules when: (1) the employee transfers to or from the emergency response bureau of the fire department; or (2) the employee's full-time regular work schedule is increased or decreased. (q) Use of vacation leave when sick leave is exhausted. If an employee's sick leave balance is exhausted, the employee may use available vacation leave in cases of illness or injury. (r) Advance sick leave. The director of a department may approve a request for advance sick leave for an employee who has completed three consecutive years of city employment and accumulated a minimum of 96 hours of sick leave prior to the occurrence of the condition for which the advance sick leave is needed. The employee shall provide an anticipated return to work date when making the request. The maximum advance of sick leave that may be granted may not exceed 120 hours for a sworn employee in the emergency response bureau of the fire department or 80 hours for any other employee. A request for advance sick leave will not be approved until all expendable paid leave is exhausted and the employee has no outstanding balance of previously-granted advance sick leave. If an employee who is indebted for unearned sick leave terminates, the employee shall refund the amount paid for the period of the advanced sick leave. No refund is required in cases of death or retirement for disability. (s) Lump sum payment of sick leave. (1) Retirement or 20 years' service. An employee shall be granted lump sum payment of sick leave remaining to the employee's credit in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department or 720 hours for any other employee when the employee: (A) retires from city employment and is immediately eligible to receive retirement payments; or (B) terminates for any reason with 20 or more years of continuous full-time service, including: (i) any continuous full-time service retrieved under Section 34-10(a) of this chapter; and (ii) any credited service purchased for retirement purposes under Section 40A-14 of this code after a termination resulting from a reduction in force. (2) Disability. Any employee who is placed on a disability pension shall be granted lump sum payment of any sick leave remaining to the employee's credit in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department and 720 hours for any other employee. The appropriate pension board will determine the date of permanent disability. Use of sick leave will be discontinued and lump sum payment made effective on that date. (3) Death. If an employee dies, the total accumulated sick leave in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department and 720 hours for any other employee shall be computed with the final settlement of the employee's wages and paid in a lump sum to the employee's beneficiary or estate. (4) Computation. Lump sum payment of sick leave is computed by multiplying the number of hours of sick leave to which an employee is entitled by the employee's regular rate of pay on the date of termination. An employee who elects to receive lump sum payment of sick leave upon termination and who is later reemployed with the city may not receive another lump sum payment of sick leave. (5) Eligibility. An employee hired or rehired by the city on or after October 1, 2003 is not eligible for any lump sum payment of sick leave under this subsection. (t) Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee's sick leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c). (u) Discretionary sick leave for new third-tier executive and above. In addition to sick leave accrual authorized in Subsection (d) of this section, the city manager may, beginning on the person's employment start date, approve up to 80 hours of sick leave for a person hired into a third-tier executive position and above. This subsection does not apply to a city employee who is promoted into a third-tier executive position and above. (v) Department rules. Departments that implement rules regarding employee attendance must do so with review and input by the Department of Human Resources and the City Attorney's Office. (w) Sick leave to be used first. Accrued sick leave balances must be used first for sick leave purposes before other types of accrued leave balances can be used. (Ord. Nos. 19340; 19932; 22026; 22195; 22296; 22318; 24873; 24930; 25386; 28024; 28425; 29480; 29883; 30657; 31745)

Dallas City Code § 34-22.1 MEDICAL TESTING.

SEC. 34-22.1. MEDICAL TESTING. (a) An employee may be required to submit to drug and/or alcohol testing. Specific procedures regarding drug and/or alcohol testing are outlined in the administrative directives of the city. (b) An employee may be required to submit to a physical and/or mental examination by a city- selected health care provider, including, but not limited to, a physician or psychologist, in order to evaluate the employee’s current mental or physical status as it relates to the ability to perform the employee’s job duties. (Ord. 24873)

Dallas City Code § 34-22.2 QUARANTINE LEAVE.

SEC. 34-22.2. QUARANTINE LEAVE. (a) Eligibility. A sworn member of the fire department or police department, or an emergency medical technician or detention officer as defined in this section, who is ordered to quarantine or isolate by the employee's supervisor or the city's health authority due to a possible or known exposure to a communicable disease while on duty, is eligible to receive paid quarantine leave for the duration of the ordered quarantine or isolation. (b) Definitions. In this section: (1) DETENTION OFFICER means an individual employed by the city, and whose job responsibilities include the care and custody of individuals incarcerated in the city's municipal jail. (2) EMERGENCY MEDICAL TECHNICIAN means an individual who is employed by the city and certified as an emergency medical technician in accordance with Chapter 773 of the Texas Health and Safety Code. (3) HEALTH AUTHORITY means a physician appointed by the city to administer state and local laws relating to public health within the city's jurisdiction. (c) Entitlements. Eligible employees under this section who are required to quarantine or isolate by their supervisor or the city's health authority due to a possible or known exposure to a communicable disease while on duty are entitled to receive: (1) all employment benefits and compensation, including leave accrual, pension benefits, and health benefit plan benefits provided by the city; and (2) if applicable, reimbursement for reasonable costs related to the quarantine, including lodging, medical, and transportation costs. (d) Effect on leave balances. The city will not reduce an eligible employee's sick leave balance, vacation leave balance, holiday leave balance, or other paid leave balance in connection with paid quarantine leave taken in accordance with this section. (e) Reimbursements. An employee may be required to provide receipts or proof of payment with a request for reimbursement of expenses and may be denied reimbursement for any expenses that the city deems unreasonable or unrelated to quarantine. (Ord. 32035)

Dallas City Code § 34-22.3 MENTAL HEALTH LEAVE.

SEC. 34-22.3. MENTAL HEALTH LEAVE. (a) Eligibility. (1) An employee who experiences a traumatic event while on duty is eligible to receive paid mental health leave if the need for mental health leave is verified by a licensed psychiatrist, licensed psychologist, or licensed mental health professional. (A) up to 60 hours for sworn employees in the emergency response bureau of the fire department; and (B) up to 40 hours for all other employees. (2) In this section, TRAUMATIC EVENT means actual or threatened death, serious injury, or physical abuse, either of one's self or of another, during the employee's scope of employment that is outside the typical experiences of the employee's routine work environment and causes the employee to experience unusually strong emotional reactions or feelings that have the potential to cause lasting adverse effects on their functioning and mental, physical, social, or emotional well-being. A traumatic event does not include routine work-related events or incidents, personality conflicts, or disagreements between or among supervisors or co-workers. (3) City departments may develop additional departmental rules to carry out the provisions of this policy, subject to the approval of the director of the human resources department and the city attorney's office. (b) Confidentiality. The city will keep requests for mental health leave and any medical information related to mental health leave in accordance with this section confidential to the extent allowed by law and separate from the employee's personnel or departmental file. The city cannot guarantee confidentiality of information that is otherwise public or necessary to carry out the city's obligations under the law. (c) Effect on leave balances. The city will not reduce an eligible employee's sick leave, vacation leave, holiday, or other paid leave balance for mental health leave taken in accordance with this section. (Ord. Nos. 32035 ; 32158 ; 32604 )

Dallas City Code § 34-22.4 COMPASSIONATE LEAVE.

SEC. 34-22.4. COMPASSIONATE LEAVE. (a) Purpose. Compassionate leave is intended for employees with a serious medical condition or injury that prevents the employee from performing any type of work and, due to the employee’s medical condition, it is anticipated that the employee will not be able to return to work for an extended period of time or indefinitely. (b) Eligibility. An employee who has exhausted all accrued leave balances, has completed a minimum of one year of city employment, and accumulated a minimum of 40 hours of sick leave at any time prior to the occurrence of the condition for which the compassionate leave is requested. (c) Maximum leave allowed. For employees who are approved for compassionate leave, the maximum amount of compassionate leave that may be awarded is 348 hours for a sworn employee in the emergency response bureau of the fire department, and 232 hours for any other employee. An employee may only be awarded compassionate leave once. (d) Required approval. An employee's request for compassionate leave must be approved by the employee's department director and the director of human resources. Specific procedures and requirements for the administration of compassionate leave are outlined in the administrative directives of the city. (Ord. Nos. 32035 ; 32604 )

Dallas City Code § 34-23 VACATION LEAVE.

SEC. 34-23. VACATION LEAVE. (a) Eligibility. Every permanent employee accrues vacation leave during the initial six months of city employment. Except for a newly hired third-tier executive and above who has been granted discretionary vacation leave pursuant to Subsection (r) of this section, vacation leave may not be used until the initial six months of employment are completed. All vacation leave is forfeited if the employee terminates employment before completing the initial six months of employment. (b) Reappointments. A person reappointed under conditions described in Section 34-10(a)(1) or (a)(2) accrues vacation leave at a rate determined by the number of years of continuous full-time service retrieved and may both accrue and use vacation leave during the initial six months of employment after reappointment. (c) Accrual. Vacation leave accrues as follows: (1) Every permanent employee with less than five years of service accumulates vacation leave as follows: (A) A sworn employee in the emergency response bureau of the fire department accrues nine hours each bi-weekly pay period, to a maximum of 180 hours annually. (B) A sworn employee in the communications bureau of the fire department accrues six hours each bi-weekly pay period, to a maximum of 120 hours annually. (C) A sworn employee of the police department accrues 7.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours annually. (D) Every other bi-weekly paid employee accrues 6.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 104 hours annually. (E) A weekly paid employee accrues 6.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 104 hours annually. (2) Every permanent employee with five years of service but less than nine years of service accumulates vacation leave as follows: (A) A sworn employee in the emergency response bureau of the fire department accrues 10.2 hours each bi-weekly pay period, to a maximum of 204 hours annually. (B) A sworn employee in the communications bureau of the fire department accrues 6.8 hours each bi-weekly pay period, to a maximum of 136 hours annually. (C) A sworn employee of the police department accrues 8.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 136 hours annually. (D) Every other bi-weekly paid employee accrues 7.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours annually. (E) A weekly paid employee accrues 7.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 120 hours annually. (3) Every permanent employee with nine years of service but less than 15 years of service accumulates vacation leave as follows: (A) A sworn employee in the emergency response bureau of the fire department accrues 10.8 hours each bi-weekly pay period, to a maximum of 216 hours annually. (B) A sworn employee in the communications bureau of the fire department accrues 7.2 hours each bi-weekly pay period, to a maximum of 144 hours annually. (C) Every other bi-weekly paid employee accrues nine percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 144 hours annually. (D) A weekly paid employee accrues nine percent of hours paid up to 40 in each weekly pay period, to a maximum of 144 hours annually. (4) Every permanent employee with 15 years of service but less than 19 years of service accumulates vacation leave as follows: (A) A sworn employee in the emergency response bureau of the fire department accrues 12 hours each bi-weekly pay period, to a maximum of 240 hours annually. (B) A sworn employee in the communications bureau of the fire department accrues eight hours each bi-weekly pay period, to a maximum of 160 hours annually. (C) Every other bi-weekly paid employee accrues 10 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 160 hours annually. (D) A weekly paid employee accrues 10 percent of hours paid up to 40 in each weekly pay period, to a maximum of 160 hours annually. (5) Every permanent employee with 19 or more years of service accumulates vacation leave as follows: (A) A sworn employee in the emergency response bureau of the fire department accrues 13.8 hours each bi-weekly pay period, to a maximum of 276 hours annually. (B) A sworn employee in communication bureau of the fire department accrues 9.2 hours each bi-weekly pay period, to a maximum of 184 hours annually. (C) Every other bi-weekly paid employee accrues 11.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 184 hours annually. (D) A weekly paid employee accrues 11.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 184 hours annually. (d) Maximum accumulation. (1) Except as provided in this subsection, an employee may accumulate vacation leave up to an amount equal to the employee's vacation leave entitlement for a two-year period. When accumulated vacation leave reaches the maximum allowed, the accrual ceases until vacation leave is taken. (2) During a local state of disaster declared by the city, employees who are prohibited by their department from taking vacation leave due to the local state of disaster may continue to accrue vacation leave beyond the maximum allowed for the duration of the local state of disaster. Any vacation leave accrued beyond the maximum allowed during a local state of disaster will be forfeited if not used within one year after the expiration of the local state of disaster. (e) Acceleration and increased accrual limits. Upon the date of an employee's 5th, 9th, 15th and 19th service anniversary: (1) accrual of vacation leave will be accelerated; and (2) annual accrual limits of vacation leave will be increased. (f) Incentive programs. In addition to vacation leave earned under this section, an employee may earn vacation leave under incentive programs approved by the city manager and adopted by the city council. (g) Vacation usage. Vacation use is based on the employee's regular work day and the number of hours the employee would have worked that day. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. This subsection does not apply to sworn fire department shift personnel. (h) Selection of vacation time. A supervisor may grant vacation leave at a time during the year that will best serve the public interest. Preference may be given to an employee on the basis of length of service. (i) Holidays. If an official holiday occurs during vacation leave, an employee will be charged for holiday leave instead of vacation leave. This subsection does not apply to a sworn employee of the emergency response bureau or communications bureau of the fire department who is assigned to a 12-hour or 24-hour work shift. (j) Death in family. An appropriate extension of death-in-family leave may be given for a death in an employee's family occurring while the employee is taking vacation leave. (k) Vacation leave during suspension. An employee on suspension forfeits use and accrual of vacation leave for the duration of the suspension. Upon completion of the suspension, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before vacation leave credit and accrual may be restored. (l) Vacation leave during leave without pay. An employee on leave without pay forfeits use and accrual of vacation leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the City's Family and Medical Leave provisions. Upon completion of the leave without pay, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before vacation leave credit and accrual may be restored. (m) Vacation leave in conjunction with leave without pay. Prior departmental approval must be obtained for any period of leave without pay taken in conjunction with a normal vacation. Favorable consideration will be given only to exceptional reasons. (n) Pay in lieu of vacation leave. Vacation leave is provided for the specific purpose of allowing an employee a period of rest and recreation, and the practice of "selling" vacation leave is contrary to this purpose. Pay in lieu of vacation leave may only be granted in cases of extreme emergency and must be approved by the city council or city manager. (o) Lump sum payment of vacation leave. (1) Payment upon termination. An employee who terminates employment after the initial six months of employment shall be paid for vacation leave accrued but not taken. (2) Retirement. An employee who retires will be paid in a lump sum for the period of vacation leave due the employee. (3) Discharge. A discharged employee who has completed the initial six months of city employment will be paid for all accrued vacation leave in a lump sum at the end of the next complete pay period following the date of discharge. No credit will be given for a holiday that may have fallen within the vacation period had the vacation period been extended on the payroll. (4) Death. Vacation leave accrued to the credit of an employee who dies will automatically be paid in a lump sum. Holidays occurring after the date of death will not be paid. Upon instructions from the city attorney's office, monies due the deceased employee will be delivered to the employee's beneficiary or estate. (5) Computation. Lump sum payment of vacation leave is computed by multiplying the number of hours of vacation leave to which an employee is entitled by the employee's regular rate of pay on the date of termination from city employment. (p) Vacation leave adjustment for changes in work schedules. A sworn employee of the fire department will have any vacation leave balance adjusted proportionately to reflect differences in work schedules when: (1) the employee transfers to or from the emergency response bureau of the fire department; or (2) the employee's full-time regular work schedule is increased or decreased. (q) Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee's vacation leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c). (r) Discretionary vacation leave for new third-tier executive and above. In addition to vacation leave accrual authorized in Subsection (c) of this section, the city manager may, beginning on the person's employment start date, approve up to 80 hours of vacation leave for a person hired into a third-tier executive position and above. An employee forfeits any leave granted under this subsection if his or her employment terminates within the first six months. This subsection does not apply to a city employee who is promoted into a third-tier executive position and above. (Ord. Nos. 19340; 19473; 19932; 22195; 22296; 22318; 24873; 24930; 28024; 29480; 29883; 30657; 31745)

Dallas City Code § 34-24 COMPENSATORY LEAVE.

SEC. 34-24. COMPENSATORY LEAVE. (a) Eligibility. An exempt employee (other than the city manager, the first assistant city manager, an assistant city manager, a department director, an assistant department director, other managerial personnel designated by the city council, or an exempt employee of the city attorney's office or the city auditor's office) who works overtime one full hour or more in a pay period may earn compensatory leave. A nonexempt employee (other than a sworn employee of the police or fire department) may not accrue compensatory leave but will be paid overtime for any overtime hours worked. (b) Accrual. Compensatory leave is accrued in half hour increments for each half hour worked over 80 hours in a pay period, up to a maximum balance of 80 hours. (c) Reportingandrecords. Compensatory leave must be reported biweekly. As with any payroll transaction, the recording of compensatory time may be subject to audit. (d) Maximum balance. An employee’s compensatory leave balance may not exceed 80 hours at any time. Hours accrued in excess of this maximum amount will be immediately forfeited. An exempt employee may not be paid for accrued compensatory hours. (e) This section does not apply to an exempt sworn employee of the fire department below the rank of deputy chief. (Ord. Nos. 19340; 20075; 22195; 24873; 24930; 29480; 31745)

Dallas City Code § 34-24.1 FAMILY AND MEDICAL LEAVE.

SEC. 34-24.1. FAMILY AND MEDICAL LEAVE. (a) Federal regulations. The terms used in this section that are not defined in Section 34-4 of this chapter have the meanings given them in the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. All interpretations and applications of this section must be made in compliance with the minimum requirements of the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. If any provision of this section conflicts with a provision of the federal law governing family and medical leave, the federal law prevails. (b) Eligibility. Every employee is eligible for family and medical leave if the employee has: (1) been employed by the city for at least 12 months; and (2) worked at least 1,250 hours during the 12-month period immediately preceding the commencement of family and medical leave. (c) When family and medical leave may be taken. An eligible employee may take family and medical leave only in the following circumstances: (A) for the birth of the employee's son or daughter or to care for the child after its birth; (B) for the placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement; (C) to care for a spouse, son, daughter, or parent of the employee, if the spouse, son, daughter, or parent has a serious health condition; (D) for a serious health condition that makes the employee unable to perform the functions of the employee's position; (E) for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member who is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation; or (F) to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member. (d) Administration of family and medical leave. Specific procedures and requirements for the administration of the Family and Medical Leave Act are outlined in the administrative directives of the city. No procedure or requirement adopted by administrative directive may conflict with the Family and Medical Leave Act or Part 825, Title 29 of the Code of Federal Regulations, as amended. (e) Disciplinary action. Disciplinary action, up to and including discharge from city employment, may be taken against an employee who: (1) falsifies or misrepresents any facts in order to obtain family and medical leave; or (2) shares confidential medical information relating to a request for family and medical leave with any person not authorized to receive the information. (Ord. Nos. 22195; 24873; 28024; 29320; 31745)

Dallas City Code § 34-24.2 PAID PARENTAL LEAVE.

SEC. 34-24.2. PAID PARENTAL LEAVE. On or after October 1, 2021, a maximum of six weeks of paid parental leave is available to employees following the birth of the employee’s child or to care for the child after birth, or for the placement of a child with the employee for adoption or foster care or to care for the child after placement. Specific procedures and requirements for the administration of paid parental leave are outlined in the administrative directives of the city. (Ord. Nos. 32035; 32604)

Dallas City Code § 34-25 HOLIDAYS.

SEC. 34-25. HOLIDAYS. (a) Days designated. (1) The following official holidays will be observed: (A) New Year's Day (January 1); (B) Martin Luther King's Birthday (third Monday in January); (C) President's Day (third Monday in February); (D) Memorial Day (last Monday in May); (E) Juneteenth (June 19th); (F) Independence Day (July 4); (G) Labor Day (first Monday in September); (H) Indigenous People's Day (second Monday in October); (I) Veterans Day (November 11th); (J) Thanksgiving Day (fourth Thursday in November); (K) Day after Thanksgiving/ September 11th Remembrance Day; and (L) Christmas Day (December 25). (2) Additional holidays may be granted by ordinance or resolution of the city council at the recommendation of the city manager. (b) Holiday pay. Paid holidays are extended to every permanent employee. A temporary employee receives the official city holiday without pay except that a temporary employee who is assigned to work on the official city holiday is paid for the hours worked. A full-time permanent employee receives holiday pay equal to the employee’s standard work day. A part- time permanent employee receives holiday pay prorated on the basis of the average number of paid hours credited to the employee in the four payroll weeks preceding the holiday. For the purpose of calculating overtime, holidays are included as hours worked. (c) Fire department. A sworn employee in the emergency response bureau of the fire department will receive the equivalent of 12 holidays a year in accordance with departmental regulations. (d) Weekend holidays. When an official holiday falls on a weekend, the following alternative schedule applies: (1) A holiday that falls on a Saturday will be taken the Friday before the holiday. (2) A holiday that falls on a Sunday will be taken the Monday after the holiday. (e) Worked holidays. In a department in which employees regularly work on holidays, the department shall arrange schedules to allow each employee who works on the holiday a substitute holiday either before or after the holiday, but within a reasonable period of time. If the department cannot arrange a substitute holiday, the employee will be paid for hours equal to the employee’s standard workday. This subsection does not apply to sworn fire department shift personnel. (f) Loss of holiday pay. An employee will not receive pay for a holiday if the employee is: (1) on unapproved leave without pay either the day before or the day following an official holiday; (2) on unapproved leave without pay on a holiday on which the employee is normally scheduled to work; or (3) on approved leave without pay the day before and the day following an official holiday, except to the extent the leave is authorized by the City’s Family and Medical Leave provisions. (g) Holiday during vacation or sick leave. When an official holiday occurs during an employee's vacation leave or sick leave, the employee will be paid for the holiday and no deduction from the employee's vacation or sick leave balance will be made for the holiday. (h) Holiday during injury leave. Any employee who is on injury leave when a holiday occurs will be paid workers' compensation and will be paid for the holiday up to the number of hours needed to supplement the employee's pay. If the employee is on wage supplementation, no wage supplementation payments will be received for the holiday. No compensation will be provided for unused holiday time. (i) Holiday during other leave. An employee on military leave, court leave, or death- in-family leave when a holiday occurs may take the holiday at a subsequent date convenient to the department. (j) Death or discharge. Since final settlement of monies due an employee separated from the payroll because of death or discharge is paid in a lump sum, no holiday occurring after the date of death or discharge will be included in the determination of the settlement. (Ord. Nos. 19340; 24622; 24873; 28024; 28794; 29480; 32005 ; 32342 ; 32865 ; 33372 )

Dallas City Code § 34-26 COURT LEAVE.

SEC. 34-26. COURT LEAVE. (a) Eligibility. Court leave is a privilege extended to every permanent employee. (b) When granted. An employee shall be granted court leave when: (1) summoned for jury duty; or (2) subpoenaed to appear as a witness. (c) Personal litigation. An employee may not be granted court leave when the employee is involved in personal litigation, except as permitted under Subsection (b) of this section. (d) Notice to supervisor. The employee must notify the employee’s supervisor upon receipt of a summons or subpoena for which court leave is requested. (e) Fees. All fees paid and expenses reimbursed by the court may be retained by the employee, provided that the city did not furnish travel, meals, lodging, or miscellaneous expenses. (f) Standard work day credit. An employee on court leave is credited with a standard work day on the payroll. No allowance will be made for overtime the employee might have earned if the employee had worked. (g) Return to work. When an employee on court leave is excused by proper court authority, the employee shall report back to the employee’s place of employment when as much as two hours working time remains. (Ord. Nos. 19340; 24873)

Dallas City Code § 34-27 DEATH-IN-FAMILY LEAVE.

SEC. 34-27. DEATH-IN-FAMILY LEAVE. (a) Eligibility. An allowance of three work days with pay is extended to every permanent employee when a member of the employee's immediate family dies. (b) Other than immediate family. Death of a relative not included in the immediate family may be considered individually and up to three days leave time allotted as the circumstances warrant. (c) Multiple deaths. If multiple deaths occur within a family simultaneously, special exceptions to the normal allowance of three days may be made by the department director. (Ord. Nos. 19340; 24873; 29480; 31745)

Dallas City Code § 34-28 LEAVE WITHOUT PAY.

SEC. 34-28. LEAVE WITHOUT PAY. (a) Eligibility. Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any employee. (b) When granted. An employee may be granted leave without pay for the following reasons: (1) To participate in training that would result in increased job ability. (2) To achieve an educational level necessary to advancement in the city. (3) To perform a service that will contribute to the public welfare. (4) To recover from an illness or disability, not believed to be of a permanent or disqualifying nature, for which sick leave and wage supplementation benefits have been exhausted or are not available. (5) When return to work would threaten the health of others. (6) To provide necessary care for a family member who is ill or incapacitated. (7) For an excused absence during the initial six months of employment. (8) For an excused, but noncompensable, absence of less than a day for a nonexempt employee. (9) To permit vacation. (10) To perform duties in the military service as authorized by Section 34-30 of this chapter and administrative directives established pursuant to that section. (11) To take family and medical leave. (12) At the discretion of the department director, as other circumstances may warrant granting leave without pay. (c) Allowable length of leave. (1) An employee’s department director may authorize leave without pay for a period not to exceed six consecutive calendar weeks. Leave without pay in excess of six consecutive calendar weeks must be requested by the department director and approved by the director of human resources. The city manager must approve leave without pay in excess of 13 consecutive calendar weeks. (2) Notwithstanding Paragraph (1) of this subsection, leave without pay for an employee performing duties in the military service is governed by Section 34-30 of this chapter and administrative directives established pursuant to that section. (d) Service credit. (1) An employee who is on leave without pay from work for more than six consecutive calendar weeks loses service credit for that period in excess of the six calendar weeks, except to the extent that the leave without pay is authorized by the City’s Family and Medical Leave provisions. (2) Notwithstanding Paragraph (1) of this subsection, service credit for an employee performing duties in the military service is governed by Section 34- 40 of this chapter and administrative directives established pursuant to that section. (e) Accrued leave. An employee granted leave without pay forfeits use and accrual of sick leave, vacation leave, holiday leave, death-in-family leave, and court leave, except to the extent that the leave without pay is authorized by federal or state law. (f) Termination. An employee granted leave without pay must physically return to work to retrieve sick leave credit, but will be paid for any vacation leave balance due if the employee terminates. Payment of the vacation leave balance will be at the pay rate in effect at the beginning of the leave without pay. (Ord. Nos. 19340; 19473; 20716; 22026; 22195; 24873; 29480; 31745)

Dallas City Code § 34-29 LEAVE WITH PAY (EXCUSED ABSENCE).

SEC. 34-29. LEAVE WITH PAY (EXCUSED ABSENCE). (a) Discretionary. Certain authorized absences not provided for under regular leave policies fall within the category of administrative discretion. This leave with pay is referred to as administrative leave and is recorded as such in payroll records. (b) When granted. A department director may administratively excuse an employee for the time necessary: (1) to take a civil service examination; (2) to take a physical examination required by the city; (3) to make an oral appeal before the civil service board, accident review board, or any other board or committee (except the city council) whose function may affect the employee’s work status; (4) to vote in a city, state, or national election; (5) for urgent personal reasons; or (6) for other circumstances at the department director’s discretion. (c) Pending disciplinary action. An employee charged with a violation of a city, state, or federal law, rule, or policy, which if proven would justify formal disciplinary action, may be placed on leave with pay pending the outcome of any investigation to determine the exact nature and extent of the violation and pending the imposition of any disciplinary action taken for the violation. Formal disciplinary action includes reprimand, suspension, demotion, or discharge. (Ord. Nos. 19340; 24873)

Dallas City Code § 34-30 MILITARY SERVICE/MILITARY LEAVE.

SEC. 34-30. MILITARY SERVICE/MILITARY LEAVE. (a) Federal and state regulations. The terms used in this section, and in other provisions of the city’s military service/military leave policy, that are not defined in this chapter have the meanings given them in the Uniformed Services Employment and Reemployment Rights Act; Chapter 431 of the Texas Government Code, as amended; and Chapter 613 of the Texas Government Code, as amended. All interpretations and applications of this section and other provisions of the city’s military service/military leave policy must be made in compliance with the minimum requirements of those federal and state laws. If any provision of this section or of any other provision of the city’s military service/military leave policy conflicts with a provision of the federal or state law governing military service and military leave, the federal or state law prevails. (b) Nondiscrimination. The city does not discriminate with regard to hiring, reemployment, retention, promotion, or any benefit of employment because of an applicant’s or employee’s membership, application for membership, or performance of duty in the military service. (c) Military leave. The city will grant military leave to city employees in compliance with the Uniformed Services Employment and Reemployment Rights Act, as amended, and Chapters 437 and 613 of the Texas Government Code, as amended. No procedure or requirement adopted by administrative directive may conflict with the Uniformed Services Employment and Reemployment Rights Act, as amended, or with Chapters 437 or 613 of the Texas Government Code, as amended. (d) Responsibility. Responsibility for administering the city’s military service/military leave policy rests with: (1) the department director and the civil service board for an employee in a classified position; (2) the department director and the director of human resources for an employee in an unclassified position; and (3) the department director for an employee in a non-civil service position. (Ord. Nos. 19340; 22195; 22296; 22318; 24873; 30657; 31745)

Dallas City Code § 34-31 INJURY LEAVE.

SEC. 34-31. INJURY LEAVE. (a) After the first day, time off from work for disability or medical treatment for an injury occurring while the employee was in the course of employment with the city may be charged to injury leave. (b) Disciplinary action against an employee should be delayed until the employee returns from injury leave, unless the disciplinary action is for a criminal offense committed by the employee. (c) Merit increases may not be granted while an employee is on injury leave whether or not the employee is receiving wage supplementation payments. (Ord. 25389)

Dallas City Code § 34-31.1 MANDATORY CITY LEAVE.

SEC. 34-31.1. MANDATORY CITY LEAVE. (a) Eligibility. In a fiscal year in which mandatory city leave is authorized, every permanent employee will receive a bank of paid leave in accordance with policies approved by city council ordinance or resolution. This leave will be provided to and may be used by all permanent employees, including those in the initial six months of city employment. (b) Carry-over provisions. Mandatory city leave must be used in the fiscal year in which it is established. Any mandatory city leave that is not used by the end of the fiscal year will be forfeited, and no compensation will be provided for the unused leave. (c) Mandatory city leave usage. Mandatory city leave use is based on an employee’s regular work day and the number of hours the employee would have worked that day. For the purpose of calculating overtime, mandatory city leave hours are included as hours worked. (d) Increments. With departmental approval, a city employee may take mandatory city leave in one-hour increments. (e) Official mandatory city leave days. (1) Official mandatory city leave days established. At the recommendation of the city manager, the city council may, by ordinance or resolution, establish fixed official mandatory city leave days when city offices are officially closed. Except as specifically provided otherwise in this subsection, an employee must use mandatory city leave on these days. (2) Worked official mandatory city leave days. In a department in which employees regularly work on an official mandatory city leave day, the department shall arrange schedules to allow each employee who works on an official mandatory city leave day a substitute day either before or after the official mandatory city leave day, but within a reasonable period of time. This subsection does not apply to sworn fire department shift personnel. (3) Official mandatory city leave day during vacation or sick leave. When an official mandatory city leave day occurs during an employee’s vacation leave or sick leave, the employee will be charged for mandatory city leave and no deduction from the employee’s vacation or sick leave balance will be made for the official mandatory city leave day. (4) Official mandatory city leave day during injury leave. Any employee who is on injury leave when an official mandatory city leave day occurs will be paid workers’ compensation and will be charged for mandatory city leave up to the number of hours needed to supplement the employee’s pay. If the employee is on wage supplementation, no wage supplementation payments will be received for the official mandatory city leave day. Any unused mandatory city leave hours may be taken on a subsequent date convenient to the department. (5) Official mandatory city leave day during other leave. An employee on military leave, court leave, or death-in-family leave when an official mandatory city leave day occurs may take the mandatory city leave on a subsequent date convenient to the department. (6) Official mandatory city leave during suspension. An employee on suspension when an official mandatory city leave day occurs will not be paid for the official mandatory city leave day but may take the mandatory city leave on a subsequent date convenient to the department. (7) Official mandatory city leave during leave without pay. An employee on leave without pay when an official mandatory city leave day occurs may take the mandatory city leave on a subsequent date convenient to the department. (f) Floating mandatory city leave days. (1) At the recommendation of the city manager, the city council may, by ordinance or resolution, establish floating mandatory city leave days that may be used at an employee’s discretion with a supervisor’s approval. These days are in addition to any official mandatory city leave days established for the fiscal year. (2) A supervisor may grant floating mandatory city leave at a time during the year that will best serve the public interest. Preference may be given to an employee on the basis of length of service. (3) An employee on injury leave who is not receiving wage supplementation may use mandatory city leave like other paid leave to supplement the employee’s pay. (g) Lump sum payment of mandatory city leave. No payment will be provided for unused mandatory city leave when an employee terminates employment, regardless of the reason for the termination. (h) Mandatory city leave adjustment for changes in work schedules. A sworn employee of the fire department will have any mandatory city leave balance adjusted proportionately to reflect differences in work schedules when: (1) the employee transfers to or from the emergency response bureau of the fire department; or (2) the employee’s full-time regular work schedule is increased or decreased. (i) Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee’s mandatory city leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c). (Ord. 28024)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-115811Fetched: 10/26/2026