§ 45-58-121.13 — Attendance and Leaves

Alabama § 45-58-121.13

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 12: Employees
• Part 2: Shelby County Civil Service System

Text

(a)
Hours of work.
(1) The hours of work shall be set by the appointing authorities with due regard to either the work requirements and projects, convenience of the public, or working hours customarily observed in the community. All county departments’ standard office hours set to serve the public shall be approved by the commission. Appointing authorities shall schedule their departmental employees’ hours in order to maximize public service. Appointing authorities have the authorization to schedule the hours worked by all county employees as long as the standard hours and public service are met.
(2)
Regular employees, that are non-exempt according to the Fair Labor Standards Act, shall typically work 32 to 40 hours each work week. All supervisors shall comply with the governmental regulations when scheduling employees’ work, including work over 40 hours per work week. The work week for all other employees in the county employment, such as part-time and temporary service appointments, shall be established by the appointing authorities in compliance with this part.
(b)
Types of leave.
The following types of leave are officially established for regular employees in the classified service: holidays, annual leave, sick leave, bereavement leave, administrative leave, military leave, compensatory time leave, jury duty leave, and medical leave without pay. All regular employees in the classified service and full-time unclassified service employees shall be granted these leaves.
(c)
Attendance and leave report.
The absence of an employee from duty shall be reported on the appropriate time sheets provided by the director and recorded by the appointing authority. All appointing authorities are liable for the accuracy and completeness of their departmental time sheets. Time sheets shall be signed prior to submittal to the director. The appointing authorities shall maintain the time cards or sign in/out sheets within each respective department. The director shall maintain attendance cards on all employees. If an employee is paid in excess of the amount due him or her, the appointing authority shall inform the employee of the payment error and receive reimbursement.
(d)
Absence without leave.
An employee who is absent without leave or fails to comply with the leave policies shall be subject to Section 45–58–121.11.
(e)
Part–time, temporary, student and interns, emergency employees
. Under no circumstances shall part-time, temporary, students and interns, and emergency employees be allowed to earn or use any leave time or be paid for any holidays.
(f)
No advance leave
. No leave shall be allowed in advance of eligibility and accrual. If an employee has insufficient leave to cover a period of absence, no allowance of leave shall be posted and the employee’s pay shall be reduced for the applicable lost time.
(g)
Overtime
. (1) Shelby County shall discourage any requirement that employees work beyond their normal work schedule. When it is necessary that employees work additional time, the time that qualifies as overtime shall be processed as either compensatory time off or paid as overtime on the next applicable pay check. When overtime pay is budgeted and available, the employee shall have the option of either compensatory time or overtime pay. The director and board shall determine which jobs are exempt according to the Fair Labor Standards Act (FLSA) coverage.
(2)
Shelby County, employees of Shelby County, and representatives of employees of Shelby County shall agree on this overtime policy in compliance with all guidelines of the FLSA. This policy shall govern all present employees. All future employees shall accept and comply with this policy as a condition of employment with the county.
(3)
All employees who work in jobs which are not exempt from the FLSA shall be provided compensatory time unless overtime pay is available and then the employee shall have the option of either being paid or receiving compensatory time.
a.
All work in excess of the employee’s regular total hours in the work week shall be approved in advance by the supervisor and department head.
b.
The use of approved leave times such as sick, annual, bereavement, compensatory time, and holidays shall be considered as compensable working time during a scheduled work week. This compensable working time shall be recognized as time worked for computing compensatory time and overtime. All compensatory time earned shall be computed by multiplying all hours worked over the compensable working time within a work week by one and one-half.
c.
All overtime pay shall be computed at one and one-half times the employee’s regular rate of pay for all hours worked over the compensable working time within a work week.
d. All hours that an employee is scheduled to work during the work week shall be reported on the department’s time and attendance reports in accordance with procedures established by the director and approved by the county manager.
e.
An employee that is separated and who has accrued compensatory time off shall be paid at the regular rate of pay for accrued, unused compensatory time off.
f.
Employees who earn compensatory time off are encouraged to take the time off within six months (180 days) of the end of the pay period in which it was earned. Employees are required to schedule the usage of compensatory time at least five working days prior to the usage date. The usage of compensatory time with less than five working days notice may be granted by the department head for emergency situations, such as personal sickness or disability. A doctor’s statement may be required.
g.
No eligible employees of any classification shall accrue more than 80 hours of compensatory time.
h.1.
Full-time classified service employees who are non-exempt according to the FLSA that are required by their appointing authority to work on a scheduled holiday shall receive holiday compensation through the following means:
(i)
The regular employee shall be paid for the eight hours worked and receive compensatory time for the time worked (8 hours x 1.5 = 12 hours); or
(ii)
When overtime pay funds are available, the regular employee shall be paid for the time worked by multiplying his or her hourly rate by 1.5 and multiplying the new rate by the hours worked. The employee shall also be granted eight hours of compensatory time in order for the employee to recognize the holiday on another date.
2. Regular employees that accrue compensatory time for working on a scheduled holiday shall be eligible to use the compensatory time as soon as possible with the approval of the appointing authority. The use of compensatory time enables the employee to recognize the holiday on another day.
(4)
FLSA-exempt employees are not subject to the overtime policy.
(5)
An employee that is promoted from a non-exempt position to an exempt position shall be granted compensatory time leave prior to starting the new position or be paid for the accrued compensatory time prior to beginning the new exempt position. If payment for compensatory time is to be provided, it shall be paid on the next applicable pay check and shall be calculated by using the pay rates applicable prior to the promotion.
(6)
The board shall insure that the county complies with the Fair Labor Standards Act. All positions shall be recognized as either exempt, non-exempt, or non-covered under the FLSA guidelines.
(h)
Holidays.
The commission shall fix by resolution the holidays that the full-time classified service and the full-time unclassified service employees shall observe. The commission shall fix 11 days fiscally for the recognition of holidays. The board may increase the number of holidays with the authorization and approval of the commission. All full-time employees in the classified and unclassified service shall be granted holidays. An employee shall be in full-pay status on the day immediately preceding and following the scheduled holiday to receive the holiday pay. Appointing authorities shall minimize the scheduling of work on official holidays.
(1)
If an employee is scheduled to work on a holiday, an exempt employee according to the FLSA shall be granted another day off as soon as possible with supervisory approval.
(2)
A non-exempt employee according to the FLSA shall either:
a.
Be paid for the eight hours worked and accrue compensatory time of hours worked x 1.5 (Ex: 8 hours worked x 1.5 = 12 hours of compensatory time); or
b.
Be paid when funding permits by compensating the employee time-and-a-half for hours worked and receiving the holiday on another date.
(3)
A non-exempt employee whose regularly scheduled off day falls on an official holiday, shall be compensated by the payment of eight hours for the holiday.
(i)
Annual leave.
(1) All employees appointed to full-time positions in the classified and unclassified service shall accrue annual leave with pay. All classified service employees accrue annual leave but cannot use the leave until the completion of their probationary period and recognition as regular employees.
(2)
The accrual of annual leave shall be based on the employees’ continuous years of service in a full-time classified or unclassified service position. Employees shall not accrue annual leave during a month in which they are in a non-pay status for more than 10 working days. Annual leave accrued during a month can be used on the first scheduled work day of the next month.
Annual Leave Accrual
Earned Leave Per Month
Continuous Years of Service
0–10 1 day (8 hours)
10–20 1.5 days (12 hours)
20v 2 days (16 hours)
a.
Employees shall not earn any annual leave days during a month in which they are in a non-pay status for more than 10 working days.
b.
Employees are required to take their annual leave in the year that it is earned. Up to 30 days of unused annual leave may be accumulated and carried forward from one leave year to the next year, when approved by the appropriate appointing authority. Accumulated leave at the end of each leave year that is in excess of 30 days shall be forfeited by the employee.
c. Upon separation from county service an individual shall be paid for up to 30 days of unused accrued annual leave, unless separated from county service through formal disciplinary actions. Such entitlement shall be calculated at the exiting rate of pay for the individual.
d. Annual leave shall be approved at the discretion of each appointing authority taking into consideration the needs of the county, the department, and the employee. An appointing authority may require the employees in a department to take their leave at the same or different times as the department work load requires. Annual leave shall be approved in advance and shall not be subject to demand by the employee. Requests for annual leave shall be made as far in advance as possible of the time desired and shall be approved by the supervisor and department head. Should two or more employees request annual leave at the same time and for the same period, the employee with the most continuous years of service shall have priority.
e.
The decisions of the appointing authority and department head of the date of an employee’s annual leave shall be final.
f.
When a county-authorized paid holiday occurs during an employee’s annual leave, the day shall be credited as a paid holiday and not as an annual leave day.
g.
The annual leave year shall run from January through December of each year.
h.
Use of annual leave shall be charged in one-hour increments.
(j)
Sick leave.
All full-time employees in the classified and unclassified service shall be allowed to earn and accrue sick leave. Sick leave is not a right for which employees make demand, but a privilege granted in accordance with prescribed rules and regulations outlined within this part or established by the board, or both.
(1)
ELIGIBILITY FOR SICK LEAVE. All full-time employees in the classified and unclassified service shall accrue sick leave at the rate of one day (8 hours) per month of service. Employees shall not accrue any sick leave during a month in which they are in a non-pay status for more than 10 working days during a month.
(2)
ACCRUAL AND USE OF SICK LEAVE. a. All eligible employees shall earn sick leave credit at the rate of one day of leave for each calendar month in which they qualify for leave for a total of 12 days per year. Probationary status employees shall not be eligible to take paid sick leave days until the completion of their probationary period. Earned sick leave shall be posted to each employee’s account at the end of the month in which the leave was earned. Eligible employees shall not earn any sick leave credit during any months in which they are in a non-pay status for more than 10 working days during the month.
b.
Eligible employees may accumulate up to 150 days of sick leave.
c. Upon separation from county service due to retirement, an employee shall be paid for one-half of his or her accumulated sick leave, but in no event shall an employee be paid an amount in excess of 75 full days (150 accrued days) or receive creditable months of service with the retirement plan. Individuals who are separated in good standing and reemployed within two years of separation as classified employees shall have their previously accrued unused sick leave, not to exceed 150 days, added to their sick leave balance upon completion of any probationary period. Such employees that previously retired and are reemployed shall also reimburse the county for any payment for unused sick leave they received at the time of separation. Employees that resign or are otherwise terminated shall not be paid for accrued sick leave.
d. Sick leave with pay may be granted to eligible employees for any of the following reasons:
1.
When an employee is unable to work due to personal illness, the waiting period for temporary total disability under workers’ compensation coverage, injury incurred off duty, or when the employee’s presence may endanger the health of fellow workers.
2.
A medical doctor’s appointment for treatment of an illness or personal injury to the employee.
3.
Any impairment related to pregnancy, miscarriage, or actual confinement which prevents an employee from active employment. Pregnant employees who request time away from work for maternity and childbirth shall be equally treated with employees with other forms of disability or sickness.
4.
In the event of illness of an immediate family member (spouse or child) which requires the services of the employee in the case of the family member, the appointing authority may authorize the use of a short-term sick leave to the employee, but under no circumstances shall the department head or director be required to approve such leave on demand. Short-term sick leave is defined as the approved use of up to 20 sick leave days per calendar year for the immediate care of the employee’s spouse or child.
e.
To be granted sick leave, an employee shall meet the following conditions:
1.
The employee shall notify the supervisor by or before the start of his or her respective work shift or schedule. The employee is personally required to notify the appropriate supervisor. A spouse can notify the supervisor if the employee is hospitalized or incapacitated.
2.(i) For a period of absence of three or more consecutive working days, the employee shall submit a doctor’s statement which denotes the periods of absence and the doctor’s clearance for regular and full duties.
(ii) All doctor’s statements shall be signed by a licensed physician certifying that the employee has been incapacitated from work for a period of absence and when the employee will again be able to return to full active duty. When necessary, the appointing authority may require another physical examination. The physical shall be paid by the county and performed by a commission-designated doctor. A supervisor can request a doctor’s statement from an employee at any time with the approval of the appointing authority.
f.
If the employee does not have sufficient sick leave accrued to cover an absence due to sickness, an employee shall use any accrued annual leave and compensatory time for sickness as he or she would sick leave.
g.
Any unjustified, fraudulent, or abusive claim for sick leave shall be charged as annual leave or compensatory time off, and in addition, shall be subject to disciplinary action.
h.
When a paid holiday occurs during the period an employee is on sick leave, the employee shall receive regular holiday pay, and that day shall not be charged against the employee’s sick leave.
i.
Sick leave shall be charged in one-hour units.
j.
Sick leave is not a benefit payable upon demand.
k.
When an employee is absent due to an injury covered by workers’ compensation, benefits shall be paid in accord with the workers’ compensation law. The employee can only use sick leave for the waiting period for temporary total disability benefits.
l.
Employees in the part-time or temporary service positions shall not earn sick leave.
m.
Sick leave shall not be granted an employee whose absence from duty is a result of his or her engaging in employment outside the county service.
(k)
Bereavement leave.
All full-time classified and unclassified service employees shall be granted three working days off when the employee experiences a death in his or her immediate family. The employee may use the three-working days off within 10 calendar days from the date of the death. Immediate family means any of the following:
(1)
Spouse.
(2)
Children (natural, step-children).
(3)
Parents.
(4) Step-parents.
(5)
Brother.
(6)
Sister.
(7)
Grandparents.
(8)
Grandchildren.
(9)
Parents-in-law.
(10) Brother-in-law.
(11)
Sister-in-law.
(12)
Daughter-in-law.
(13)
Son-in-law.
(l)
Administrative leave.
All full-time classified and unclassified service employees are eligible for excused paid absences when attending required educational training programs or conferences and when weather conditions cause for the delayed opening or closure of offices. The delayed opening or closures of offices are for the safety of county employees and the public. The appointing authority shall determine the application of administrative leave for weather conditions. The use of administrative leave for educational training shall be approved by the appointing authority and commission.
(m)
Personal leave (day).
All full-time classified and unclassified service employees shall be granted one personal day each calendar year. Eligible employees in the public works department/highway department shall use their personal day for the department’s barbecue day. All eligible employees in other county departments shall use their personal day for any personal reasons. The personal leave day cannot be carried forward to the next calendar year.
(n)
Military leave.
(1) Authorization of military leave shall be in accord with Section 31–2–13, as summarized below:
a.
All county employees who are active members of the Alabama National Guard, Naval Militia, or the Alabama State Guard organized in lieu of the national guard or of any other reserve component of the Armed Forces of the United States, are entitled to military leave of absence from their respective duties on all days that they are engaged in field or coast defense or other training, or on other service ordered under the National Defense Act, or of the federal laws governing the United States Reserves, without loss of pay, time efficiency rating, annual or sick leave, or any other county-provided benefit.
b.
No persons granted such leave of absence with pay shall be paid for more than 21 working days per calendar year.
c.
Eligible employees are entitled, in addition to the foregoing, to be paid for no more than 21 working days at any one time while called to active duty by the Governor.
(2)
An eligible employee who wishes to be granted military leave shall submit a copy of the employee’s military orders with a leave request through the appointing authority to the director. A request shall be submitted as soon as the employee becomes aware of the projected dates of service.
(3)
County employees shall receive payment for 21 working days per calendar year while on active duty. An employee eligible to accrue annual and sick leave shall accrue leave for the applicable month in which he or she is in pay status and meet all leave of absence accrual requirements.
(4) Upon exhaustion of the military leave, a classified service employee shall be eligible to request leave without pay-active military duty.
(o)
Medical leave without pay.
(1) A regular employee in the classified service and a full-time unclassified service employee may be granted leave without pay for a period not to exceed 180 calendar days for temporary personal sickness or disability injury which prevents the employee from safe performance of their respective duties. Each request for medical leave without pay shall be after the exhaustion of all eligible leave time and supported by a doctor’s statement as outlined within the sick leave policy. Employees that are unable to return to their duties after the exhaustion of all applicable leave time shall be discharged from employment due to disability. The discharge of an employee for continued disability shall be supported by the applicable doctor’s statement and calendar cards.
(2)
An eligible employee shall be released for active duties and working for at least 10 consecutive working days for the medical leave without pay period eligibility to begin. All eligible employees in medical leave without pay shall be covered under the applicable health insurance plans as long as they pay any premiums due for active employees coverage. All benefits shall cease at the conclusion of the medical leave without pay period unless election is made through COBRA coverage.
(p)
Active military duty without pay.
(1) Classified service employees who are voluntarily or involuntarily called to active duty with the Armed Forces of the United States shall be granted leave without pay for the duration of their obligated military duty. Upon release from military service, they shall be entitled to reemployment with the county in a comparable job that is no lower in grade or pay than that in which they were employed at the time of their call-up, provided:
a.
They are physically and mentally suited to perform the required duties;
b.
They make application for reemployment to the county within 90 days following honorable separation from the Armed Forces of the United States (10 days if rejected for service) or from hospitalization continuing after discharge for a period of not more than one year; and
c.
No more than four consecutive years of active duty have passed.
(2)
In the event a vacancy does not exist, the employee shall be placed on the layoff list with priority right to reinstatement.
(3)
Upon receipt of voluntary or involuntary active duty orders, a classified or unclassified service employee shall submit a request for a leave without pay for military duty through the appointing authority or designee to the director. Active military duty leave without pay shall begin after any and all requirements of the military leave policy are met for classified and unclassified service employees.
(4)
At the exhaustion of the initial military leave period, a classified service employee may be granted the right to continue the eligible insurance benefits for a period not to exceed 90 days. A classified service employee who voluntarily enlisted with the Armed Forces of the United States may be granted the right to continue the eligible insurance benefits for a period not to exceed 90 days.
(q)
Veterans reemployment rights.
(1) County regular classified and full-time unclassified service employees who enter, either voluntarily or involuntarily, active military duty in the Armed Forces of the United States shall be entitled upon release or discharge from service under honorable conditions to reemployment with the county and reinstatement of benefits unless the active duty period exceeds four years. This includes those employees who are inducted or enlist into the armed forces, and members of a reserve or national guard component of the armed forces.
(2)
Reemployment with the county after the release or discharge from active duty is permitted without loss of seniority, status, or pay if six conditions are satisfied:
a.
The veteran shall have been in the employ of the county as a regular classified or full-time unclassified service employee. Those employees who were in a probationary status when they entered the armed forces shall complete their probationary period upon reemployment with the county in order to be reinstated. Part-time and temporary county employees do not qualify for reinstatement to the preservice position.
b.
The employee shall have left for the purpose of going on active duty. This includes leaving to undergo military training or service, a preinduction physical, or other qualifying examination.
c.
The veteran shall not have remained on active duty longer than four years unless the period beyond four years (up to an additional year) was at the request and for the convenience of the federal government. Example: If a county employee signs up for four years and reenlists for his or her own convenience, then the former county employee shall not qualify for reinstatement rights.
d.
The veteran shall have been discharged or released from active duty under honorable conditions to qualify for reinstatement rights.
e.
The veteran shall apply for reemployment with the county within 90 calendar days after the separation from active duty or from hospitalization continuing after such a release for not more than a year to qualify for reinstatement rights. It is not necessary to return to work within the 90–day period only to make the application to the county for reinstatement rights.
f.
The veteran shall be qualified to perform the duties of the preservice position or a similar position sought in terms of physical and mental abilities, performance standards, etc. Those veterans who as a result of military service sustained, aggravated, or manifested a disability and are unable to perform duties of the position that would otherwise be due him or her, and is qualified to perform the duties of any other position in the county, shall be entitled to such other positions as will provide the applicant with like seniority, status, and pay or the nearest approximation. The disability shall arise during military training or service but need not be service connected or service aggravated.
(3)
Rights of returning county employee veteran. If the above six conditions are met, the county, within a reasonable period of time after the application for reemployment is made, shall reinstate the qualified veteran to a position of like seniority, status, and pay. If the county’s circumstances have changed as to make it impossible or unreasonable to reemploy the veteran, then the county may deny reinstatement. In the event a vacancy does not exist, the veteran shall be placed on the layoff list with priority right of reinstatement.
(4)
Termination for cause. The county may not terminate reinstated veterans within the first year of reinstated employment except for reasonable cause after fair notification of the grounds for discharge to the employee.
(5)
Notification to the county of military orders. a. Upon receipt of written or oral active duty orders (including training and drills), an employee shall submit a request for a leave of absence for military service through the appointing authority to the director. The request for leave can be either oral or written.
b. Upon completion of duty, the reservist or national guard member shall report back to work with the county through the appointing authority to the director on the first regularly scheduled shift after the completion of training. If the reservist or national guard member is late in returning to work without adequate explanation, the employee shall be subject to the county’s usual disciplinary actions for tardiness or unexcused absences.
(6)
Eligible employees are not required to use their available annual or compensatory leave days to satisfy their military service obligations. The county is not required to compensate eligible employees for hours or days not worked or for accruing leave time for the period of their military obligations.
(r)
Jury leave.
(1) Upon receiving a summons to report for jury duty, a classified and full-time unclassified service employee shall communicate the jury summons with a copy to his or her immediate supervisor and appointing authority. The employee shall thereupon be excused from work for the day or days required of him or her in serving as a juror in any court created by the Constitution of the United States or the State of Alabama.
(2)
The excused absence provided with subdivision (1), all eligible employees shall be entitled to their usual compensation received from county employment and the expense allowances received through the courts.
(3) No eligible employee shall relinquish the accrual of leave time during his or her service on a jury.
(4) All employees are required to submit proof of jury service for the use of jury leave.

Legislative History

(Act 93–664, p. 1148, § 13; Act 99–328, p. 455, § 1.)