Milwaukee Code of Ordinances § 350-35 Leave of Absence Policies.
350-35. Leave of Absence Policies.
1. LENGTH OF TIME; RESTRICTIONS. No employee of the city of Milwaukee shall be granted a leave of absence with or without pay for a period of longer than one year, and no leave of absence shall be granted any such employee unless said employee has been so continuously employed for 6 months after the expiration of any previous leave of absence; provided further that this section shall not apply to any leave of absence taken on account of illness; provided further that a leave of absence granted for educational training under public laws 16 and 346 of the 78th Congress and amendments and supplements thereto, may be extended for a period of not to exceed a total continuous leave of 4 years. The provisions of this section shall not apply to leaves of absence of city officials or employees whose positions are not filled during said absence.
2. RUNNING FOR POLITICAL OFFICE. a. Candidacy. Any city employee may be a candidate for any political office and may actively campaign therefore without jeopardizing his or her employment with the city.
b. Reinstatement Rights. In the case of his or her election, the elected official shall, upon request, be granted a leave of absence from his or her position of municipal employment, and the leave of absence shall carry reinstatement rights to be exercised not later than one year from the expiration of his or her elected term of office, and the reinstatement may be either to his or her position formerly held or to a position having substantially similar requirements, responsibilities and salary; provided, however, that any reinstatement may be made only to fill a vacancy and shall not be made if the effect would be to displace a regularly and permanently appointed successor. This paragraph shall apply only to personnel holding civil service positions under the control of the common council.
c. Notification. It shall be the duty of all employees affected by this subsection to forthwith advise their immediate supervisor of such political candidacy, and of such supervisor to forthwith give notice to the appropriate department.
3. TIME-OFF FOR JURY DUTY. Unless stated otherwise in a certified collective bargaining agreement while it is in force and in effect, employees shall be granted time-off with pay for reporting for jury duty or jury service upon presentation of satisfactory evidence relating to this duty or service. Employees shall retain all compensation received for jury-duty service. No greater amount of time shall be granted than necessary, and in any case, if an employee is called for jury duty and reports therefor without receiving a jury assignment for that day, or if the employee is engaged in jury duty or service for a part of a day, the employee shall, if his or her city work is available, report for the performance of city duties for the remainder of the day.
3.3. TIME-OFF FOR JURY DUTY; 24-HOUR SHIFTS. A noncivilian management fire department employee shall be granted time-off with pay for reporting for jury duty or jury service as follows:
a. An employee on jury duty shall be relieved from fire duty beginning at 7 p.m. on the day proceeding his or her first day of jury duty assignment and ending at 7 a.m. on the day immediately following the last day of completion of the jury duty.
b. An employee shall not lose any of his or her vacation, holiday or paid off time-off scheduled during a period of jury duty; all such time-off shall be rescheduled by the fire department administration.
c. An employee receiving a notice to report for jury duty from the court system shall immediately notify his or her battalion chief and provide him or her with a copy of the notice. The fire chief reserves the right to request the court system to postpone an employee’s jury duty to limit the number of employees off on jury duty at any one time. Prior to submitting request for postponement, the fire department administration shall notify the employee affected and, if an employee requests, explain the matter with the employee.
3.5. TIME OFF FOR COURT SUBPOENAS. Employees shall be granted time off with pay, upon presentation of satisfactory evidence relating to this duty, under a subpoena to appear in court during working hours with respect to any incident which occurred while the employees were at work. Compensation received (exclusive of travel pay) for this duty shall be immediately paid over to the city treasurer and shall be credited to the general fund; provided, however, that payment for the duty may be retained by employees for appearances made on off-duty hours. If such court subpoena appearances coincide with any furlough dates, the employee shall not be paid salary from the city on those dates, but shall be allowed to retain court subpoena appearance compensation.
4. FIRE DEPARTMENT OFFICERS; FEDERAL SERVICE NOT TO EXCEED 5 YEARS. Any officers of the Milwaukee fire department who shall qualify and be taken into the federal government service as chiefs or assistant chiefs of the government's fire protection service shall be granted a leave of absence for a period of one year, provided that this period of time may be extended from year to year upon filling a 30-day notice requesting an extension with the chief engineer of the Milwaukee fire department prior to the expiration of the year; but in no event shall such extended service exceed 5 years. Upon return, such employees of the fire department shall be subject to a satisfactory medical examination to be given by the medical examiners designated by the fire and police commission and, if passed by the medical examiners, be placed in the same position as now held by them.
5. FUNERAL LEAVE. a. Immediate Family. Unless stated otherwise in a certified collective bargaining agreement while it is in force and in effect, funeral leave shall cover necessary absence from duty of a city employee because of death in the immediate family of the employee. "Immediate family" is defined as husband or wife, child, stepchild, brother, sister, parent, stepparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent or grandchild of the employee. “Brother-in-law” and “sister-in-law” includes a spouse’s sibling’s spouse. "Immediate family" includes stepparents and stepchildren by virtue of the employee's current spouse. Eligibility to use stepparent funeral leave benefits shall be limited to one stepmother and one stepfather regardless of the number of stepparents. “Immediate family” also includes an employee’s domestic partner, if the domestic partnership is registered with the department of employee relations under s. 350 245 or was registered with the city clerk as provided in s. 111-3 in effect prior to October 30, 2009. In the case of a death in the immediate family, an employee working a regular or alternative work schedule may be granted a leave of absence not to exceed 5 8-hour work days with pay; an employee regularly working 24-hour shifts may be granted a leave of absence not to exceed 2 24-hour work days with pay. These work days shall be limited to work days falling within the 10 consecutive calendar-day period that begins on the day of death or the day of the funeral. The work days may be used for both the death and the funeral, provided that they are used in connection with the death or the funeral. If funeral leave coincides with any furlough dates, the furlough time shall be rescheduled as approved by the department head.
b. Verification. The director of employee relations is authorized and directed to administer the provisions of funeral leave and shall require a form approved by the city service commission to be submitted to the employee's immediate supervisor immediately after funeral leave is taken, and suitable proof, such as a copy of the obituary notice attached, and shall require notification to be given by the employee to his immediate supervisor prior to taking funeral leave.
6. UNPAID EDUCATIONAL LEAVES OF ABSENCE. a. Purpose. The purpose of the unpaid educational leave of absence is to provide for educational or professional development of employees. In no case shall the leave be used by the employee for purposes of pursuing other paid employment.
b. Eligibility. Employees with at least 5 years of service shall be eligible for an unpaid educational leave of absence of up to one month and employees with at least 10 years of service shall be eligible for an unpaid educational leave of absence for up to 2 months.
c. Approval. Department heads may authorize these unpaid leaves of absence and shall approve the timing of the leaves.
d. Payments. The city shall continue to make health, dental and life insurance payments for employees who are on unpaid educational leave of absence.
e. Reinstatement. Employees who are granted an unpaid educational leave of absence shall be entitled to reinstatement to their original positions upon return from leave.
f. Additional Unpaid Leave. Nothing included in this subsection prohibits additional unpaid leave time from being granted under the rules of the city service commission, subject to department head approval.
7. UNPAID LEAVES OF ABSENCE TO PARTICIPATE IN THE DISABLED EMPLOYEE PLACEMENT PROGRAM.
a. Purpose. The purpose of the disabled employee placement program is to identify and facilitate reassignment opportunities for eligible general city employees who are unable to find suitable employment within their departments due to permanent medical restrictions. The department of employee relations shall process referrals made by appointing authorities and ensure that the referrals and placement decisions are made in accordance with federal and state regulations, and the rules of the city service commission.
b. Eligibility. A referral to the disabled employee placement program shall require a determination by the appointing authority that an eligible employee is unable to perform the essential functions of a job with or without accommodations and that reassignment to an equivalent or lower-level position within the department is not feasible.
c. Participation. A leave of absence for participation in the disabled employee placement program may be granted in increments of 12 months.
d. Administration. The department of employee relations shall develop guidelines and procedures to administer the disabled employee placement program and coordinate participation with other benefits, regulations and employment conditions.
