Chapter 5 | Hours & Absence

Each rule and each section of the Personnel Policy Manual is an independent rule. The holding of any rule or section to be void, invalid or ineffective for any reason does not affect the validity of any other rule or section. In the event that any of the policies in this Personnel Policy Manual are found to be in conflict with the laws of the State of Illinois, the rules of the Fire and Police Commission or any current collective bargaining agreement between the Village and some of its employees, the laws, rules or agreements shall take precedence.

5.1 Hours of Work & Rest Periods

Policy
The Village establishes hours of work and rest periods to ensure employees work efficiently to meet the demands of the regular Village business hours.

Guidelines
A. A normal work schedule for regular full-time employees consists of either a 40 hour week or a 37.5 hour week, depending on each employee's position and department.

B. Different work schedules may be established by each Department Director in order to meet job assignments and provide necessary Village services. Part-time and temporary employees work the hours as assigned by the Department Director.

C. The scheduling of lunch breaks is at the discretion of the supervisor or Department Director. A 15-minute rest period in the morning and one in the afternoon may be established each workday.

5.2 Official Holidays

Policy
The Village provides employees with paid holidays as declared annually by the Village Manager. A list of official holidays will be posted on Village bulletin boards annually.

Guidelines
A. The following employees are entitled to paid holidays:

  • All regular full-time employees
  • All regular part-time employees hired before July 1, 1992 and who work more than 1000 hours per year

B. All eligible employees shall receive the following paid holidays:

  • New Year's Day
  • Martin Luther King's Birthday
  • Memorial Day
  • Independence Day
  • Labor Day
  • Veteran's Day
  • Thanksgiving Day
  • Friday following Thanksgiving
  • Last working day before Christmas
  • Christmas Day

C. If a holiday falls on Sunday, the following Monday shall be observed as the holiday. If a holiday falls on Saturday, the previous Friday shall be observed as the holiday.

D. If an employee is on vacation when a holiday occurs, the holiday shall not be charged to the scheduled vacation. If an employee does not work the day before and/or after a holiday, the employee shall not receive pay for the holiday until proof of excusable absence is established to the satisfaction of the Department Director.

E. The Village Manager may, in selected years, change the date of observance of some holidays.

F. Eligible part-time employees shall receive holiday pay on a pro-rate basis.

G. Employees will be allowed time off from work to observe recognized religious holidays not observed by Village policy. Accrued vacation, compensatory time or unpaid leave may be used, provided advance approval is received from the Department Director. Any reasonable request will not be arbitrarily denied.

5.3 Floating Holidays

Police
The Village provides employees with two floating holidays in lieu of certain official holidays as designated by the Village Manager.

Guidelines
A. The following employees are entitled to floating holidays:

  • All regular full-time employees
  • All regular part-time employees hired before July 1, 1992 and who work more than 1000 hours per year

B. For eligible part-time employees, floating holidays will be granted on a prorated basis based on the number of hours worked.

C. Floating holidays may be taken at any time during the calendar year subject to advance approval of the Department Director. Floating holidays may only be taken as full days and may not be carried over into the following year. If a floating holiday is not taken in the calendar year in which it is granted, it is forfeited.

D. During the first calendar year of employment, floating holidays shall be granted as follows:

  • Start date between January 1 through June 30 is eligible for two days
  • Start date between July 1 through October 21 is eligible for one day
  • Start date between November 1 through December 31 is not eligible
5.4 Vacation

Policy
The Village grants vacation time with pay based on the length of service and, of part-time employees, the number of hours worked.

Guidelines
A. The following employees are eligible to accrue vacation time:

  • All regular full-time employees
  • All regular part-time employees hired before July 1, 1992 and who work more than 1000 hours per year

B. Each employee begins on January 1 of each year with a bank of vacation hours equal to the amount of hours carried over plus the amount the employee will accrue in that calendar year.

C. Effective January 1, 2015 vacation time for regular full-time employees is accrued as follows: 

Years of Completed
Continuous Service
  Hours per
Work Week
  Accrued Hours
per Month 
  Annual Vacation
Days Accrued
Upon Hire

  37.5
40
  6.250
6.667
  10
10
             
After Four Years 

  37.5
40
  9.375
10
  15
15
             
After Nine Years 

  37.5
40
  10.625
11.333
  17
17
             
After 14 Years 

  37.5
40
  12.5
13.333
  20
20
             
After 19 Years 

   37.5
40
  13.750
14.667
  22
22
             
After 20 Years 

  37.5
40
  14.375
15.333
  23
23
             
After 23 Years 

  37.5
40
  15
16
  24
24
             
After 24 Years 

  37.5
40
  15.625
16.667
  25
25


For eligible part-time employees, vacation shall be accrued on a pro-rated basis.

D. Employees beginning employment from the first through the 15th day of the month shall accrue a full month's vacation hours. Employees beginning from the 16th through the end of the month shall accrue one-half of a month's vacation hours.

E. Employees on inactive status for more than 30 days cease to accrue vacation hours during the time in unpaid status.

F. An employee who transfers from one department to another shall retain the vacation accrued from the previous position.

G. Employees who complete six months of service may, upon the approval of the Department Director be granted vacation time.

H. Vacation schedules are to be determined by the Department Director. While due consideration for employee convenience should be given, the needs of the Village in scheduling workloads is controlling. Requests for vacation leave must be filed on the appropriate form and approved in advance. If approved, vacation may be taken in half-hour increments; however, the minimum amount of vacation taken must be one hour.

I. Vacation should normally be taken in the year in which it is accrued. An employee will not be allowed to carry over more than the equivalent of 30 vacation days to the next calendar year without the written approval of the Village Manager.

 J. Upon termination of employment, the employee shall be paid for any unused, accrued vacation hours. Employees terminating employment from the first through the 15th day of the month shall accrue one-half of a month's vacation hours. Employees terminating employment from the 16th through the end of the month shall accrue a full month's vacation hours. If an employee uses vacation hours that have not been accrued and then leaves the employment of the Village, the amount of vacation hours that have not been accrued will be deducted from the employee's final paycheck.

K. An employee whose employment is terminated during the first six months will forfeit all vacation accrued.

5.5 Sick Leave

Policy
The Village gives eligible employees one day of sick leave at the completion of each calendar month of Village employment which may be used for personal illness, an illness in the immediate family, or for attending a personal healthcare appointment or one for an immediate family member.

Guidelines
A. The following employees accrue sick leave:

  • All regular full-time employees
  • All regular part-time employees hired before July 1, 1992 and who work more than 1000 hours per year 

B. For employees assigned a 40 hour work week, one sick day is equal to eight hours. For employees assigned a 37.5 hour work week, one day is equal to 7.5 hours. For eligible part-time employees, sick leave is accrued on a pro rata basis.

C. Employees can accumulate a maximum of 240 sick days at any one time, which is equal to 1800 hours for employees working 37.5 hour work weeks and 1920 hours for those working 40 hour work weeks.

D. Employees beginning employment with the Village prior to the 15th of the month will receive one full sick day credit for that month. Employees beginning employment on or after the 15th of the month will receive one-half sick day credit for that month.

E. Sick leave may be used when an employee is sick or disabled, there is an illness in the employee's immediate family, or when the employee or immediate family member has a healthcare appointment. For purposes of this policy, immediate family is defined as an employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandparent, grandparent-in-law, grandchild, stepparent, stepchild, son-in-law, daughter-in-law, brother-in-law, and sister-in-law.

F. Sick leave may be taken in half-hour increments; however, the minimum amount of sick leave taken must be one hour.

G. In the case of an absence from work due to an illness or illness in the employee's immediate family, an employee is required to notify their supervisor as soon as possible on the morning of the absence. If the illness lasts more than one day, the employee may be required to call their supervisor each day of their absence in order to be eligible for sick pay.

H. Upon an employee's return to work, all sick leave taken is to be recorded on a Leave Request Form, which must be approved by the Department Director.

I. If an illness lasts five days or more or if there are repeated occurrences of illness, the Department Director may require an employee to have their physician complete the Village's "Return-to-Work" form. The form is to be given to the employee's supervisor upon the employee's return to work.

J. If an employee has been on a prolonged sick leave, the Department Director may request that the employee be sent for a physical examination by a health care provider designated by the Village to assess the employee's fitness to return to work. The request shall be approved by the Human Resources Manager.

K. The Department Director will monitor sick leave usage and may review matters regarding frequent or prolonged usage, patterns of absences, or absences immediately before or after a holiday or other scheduled days off work with the employee. An employee may be required to provide sufficient medical certification or, in the case of suspected sick leave abuse, may be subject to disciplinary action, up to and including termination.

L. An employee with an illness of more than 30 days should review the benefits available under their applicable disability retirement plan.

M. In the case of a personal extensive illness or illness of an immediate family member, employees should review the options available to them under the Family and Medical Leave Act and the policy on Special Leaves of Absence.

N. Upon separation, employees will not be paid for unused sick leave.

O. At the time of retirement, eligible employees receive, at Village cost, one month of basic health and major medical insurance coverage for each six days of unused sick leave accumulated at the time of retirement. Eligible IMRF employees have a choice to convert their six days of unused sick leave days to one month of basic health and major medical insurance coverage or convert those days to additional IMRF service credit instead of using the days for insurance coverage.

P. The Village retains the right to audit, monitor, and/or investigate sick leave usage and, if an employee is suspected of abuse or if the employee has prolonged or frequent absences, to take corrective action, including such actions as discussing the matter with the employee, requiring that the employee provide sufficient medical certification, instituting sick leave verification calls and/or taking disciplinary action, up to and including termination.

Q. The Village may require, in its sole discretion that an employee provide sufficient medical certification in order to be approved for sick pay. Circumstances under which the Village may require medical certification and what medical certification may be required include, but are not limited to, the following:

  • Suspicious absences
  • Frequent or prolonged absences
  • Patterns of absences
  • Absences immediately before or after a holiday or other scheduled day off work

Medical certification may not be deemed "sufficient" unless it verifies that the employee or family member was examined by a doctor or a licensed health care professional on the day of the absence or other appropriate verification.

5.6 Leave of Absence Without Pay

Policy
This policy establishes uniform procedures for managing an employee's leave of absence without pay. The Village Manager may grant a written request for a leave of absence without pay for a period longer than 30 days but not to exceed six months. Leaves of absence of less than 30 days may be granted by the Department Director.

Guidelines
A. To be eligible for a leave of absence, regardless of its duration, an employee must have used all of their available vacation time, sick time, floating holiday time and compensatory time earned provided this does not interfere with eligibility for disability leave.

B. Employees may request a leave of absence without pay by submitting a request in writing to their Department Director setting forth the reason for and expected duration of the leave. Department Directors can grant a leave for up to 30 days. The Village Manager may grant a written request for a leave of absence without pay for a period longer than 30 days but not to exceed six months in duration.

C. For requests for leaves longer than 30 days, the Department Director shall review the request and recommend either approval or disapproval of the request, based on the needs of the department. For a leave of 30 days or more, the Department Director and the Director of Human Resources shall review the request and forward to the Village Manager for approval or disapproval.

D. Sick days and vacation days will not accrue while the employee is on leave of absence without pay for over 30 days nor is the employee eligible for holiday pay.

E. If a leave of absence without pay is granted, regardless of its duration, there is no guarantee that the employee's job will remain unfilled or that the position will not be eliminated or changed by reorganization. If the employee's job is still vacant upon the conclusion of the leave of absence, the employee shall resume the position with the same status. If the position no longer exists or is filled by a regular employee, the employee may be placed in a suitable alternate position or be terminated.

F. A leave of absence without pay for more than 30 days will not count toward an employee's creditable service for computation of benefits. Additionally, the employee's entire monthly premium for health, major medical and life insurance must be paid by the employee if the employee wishes to continue coverage.

5.7 Family & Medical Leave Act

Policy
Pursuant to the 1993 Family and Medical Leave Act (FMLA), as now or hereafter amended, all eligible employees are entitled to take up to 12 weeks (or 26 weeks as described below) of job-protected leave during any 12-month period for certain family and medical reasons.

Guidelines
A. To be eligible for FMLA leave, employees must have worked for the Village for 12 months. Regular part-time employees must have worked 1250 hours in the preceding 12 months to be eligible for FMLA leave.

B. See Guidelines below for Basic Entitlements.

C. When both spouses are employed by the Village, they are jointly entitled to a combined total of 12 weeks of FMLA leave for the birth or placement of a child for adoption or foster care or to care for a parent who has a serious health condition, or a combined aggregate total of 26 weeks leave for care for an injured service member.

D. An employee may not be granted an FMLA leave to gain employment or work elsewhere, including self-employment. If an employee misrepresents facts in order to be granted an FMLA leave, he/she will be subject to immediate termination.

E. The Village permits an adoptive father or an adoptive mother to use sick time in conjunction with the adoption of a child to care for the adopted child.

F. The Village does not require employees to use accrued sick leave before taking unpaid leave to care for a seriously ill immediate family member. The Village does require an employee to use accrued sick leave for the employee's own serious health condition, provided this does not interfere with eligibility for disability leave. An employee is free to substitute other accrued paid leave time (e.g. vacation, floating holidays) for FMLA leave at the employee's option in the event that all sick accruals have been depleted or if the leave is due to the serious illness of a family member.

G. Employees may also use FMLA leave intermittently or as part of a reduced workweek whenever it is medically necessary. If the need to use FMLA leave is foreseeable and based on planned medical treatment, the employee is responsible to schedule the treatment in a manner that does not unduly disrupt the Village's operations. In some cases, the Village may temporarily transfer an employee using intermittent leave or a reduced work week to a different job with equivalent pay and benefits if another position would better accommodate the intermittent leave or reduced work schedule.

H. The Village uses a 12-month period measured backward from the date an employee's FMLA leave is taken. Each time an employee uses FMLA leave, the Village computes the amount of FMLA leave the employee has taken in the past twelve months, subtracts it from the 12 or 26 week maximum and the balance remaining is the amount the employee is entitled to take at that time. For example, if an employee has taken four weeks of FMLA leave beginning July 1, 2008, the employee only has eight weeks of FMLA leave remaining until July 1, 2009, for reasons other than an injured service member.

I. An employee granted FMLA leave pursuant to this policy continues to be covered under the Village's group health and dental plans, life insurance plan, employee assistance program and long-term disability plan under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

J. Normal payroll deductions will be made for the employee portion of insurance premiums during any period of paid FMLA leave. The employee is responsible for paying the employee portion of insurance premiums during periods of unpaid FMLA leave. The Village will provide written notice to the employee on unpaid FMLA leave as to how the Village wants the employee's share of the premiums to be paid. Insurance benefits may be terminated if payment by the employee is more than 30 days late. Employee contribution amounts are subject to any change in rates that occur while the employee is on FMLA leave. At the end of the FMLA leave, when the employee returns to work, any unpaid insurance premiums will be deducted from the employee's paycheck.

K. An unpaid FMLA leave of more than 30 days does not count toward an employee's creditable service for computation of benefits for seniority, IMRF and other benefits.

L. An employee who utilizes FMLA leave will be restored to the same job or a job with equivalent status, pay, benefits, and other employment terms. However, the employee's job protection rights are the same as if the employee had not been on FMLA leave. Thus, if the employee's position would have been eliminated or the employee would have been terminated if not on FMLA leave, the employee does not have the right to be reinstated.

M. If an employee does not return to work at the end of the FMLA leave period for any unapproved reason, the employee may be subject to discipline, up to and including termination, in which case, the employee shall reimburse the Village for all insurance premiums paid by the Village on the employee's behalf during the unpaid portion of the FMLA leave.

N. After exhausting all 12 weeks of FMLA leave, an employee who needs additional time off should look to the Village's policies on sick leave and/or special leaves of absence to request additional time off.

O. For FMLA leave for an employee's own serious health condition or that of a child, spouse or parent, a medical certification form is required. The medical certification form must be completed by the health care provider, including the date on which the condition commenced, the probable duration of the condition, appropriate medical facts, and, if the leave is to care for a family member, a statement that the employee is needed to care for that family member. If the FMLA leave is for the employee's own serious health condition, a fitness for duty certification signed by the health care provider is required prior to the employee's return to work. Taking of FMLA leave may be denied if any of the above requirements are not met. It is the employee's responsibility, not the health care provider's, to ensure that the Village receives the fully completed medical certification by the deadline. If the Village does not receive a fully completed certification by the deadline (unless there is a legitimate reason for the delay), or if the certification does not confirm an FMLA-qualifying condition, the employee's absences will be treated according to the Village's absenteeism policy.

P. Employees shall provide 30 days advance notice to their Department Director when the need for FMLA leave is foreseeable. If the employee does not receive 30 days advance notice of the need for time off, the employee must report the need for time off promptly after learning of the need.

Q. If determined to be necessary, the Village may require a second opinion as to an employee's or family member's serious health condition. In such cases, the Village will select the health care provider and pay for the second opinion. If there is a conflict between the original certification and the second opinion, the Village may require the opinion of a third health care provider. The Village and the employee will jointly select the third health care provider and the Village will pay for the third opinion. The third opinion will be considered final.

Guidelines
For additional information please contact the U.S. Department of Labor, Employment Standards Administration Wage and Hour Division, WHD Publication 1420 Revised January 2009, Employee Rights & Responsibilities under the Family and Medical Leave Act at 1-866-4US-WAGE (1-866-487-9243) or TTY:1-877-889-5627 

Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth To care for the employee's child after birth, or placement for adoption or foster care To care for the employee's spouse, son or daughter, or parent, who has a serious health condition For a serious health condition that makes the employee unable to perform the employee's job.

Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic re-certification supporting the need for leave.

Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employee's rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:

  • Interfere with, restrain, or deny the exercise of any right provided under FMLA
  • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. 

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

5.8 Bereavement & Funeral Leave

Policy
The Village provides a paid leave due to death in the immediate family for up to three working days and, by permission of the Village Manager, two additional days.

Guidelines
A. The following employees are eligible for bereavement and funeral leave:

  • All regular full-time employees
  • All regular part-time employees hired before July 1, 1992 and who work more than 1000 hours per year

B. Immediate family is defined as an employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandparent, grandparent-in-law, grandchild, stepparent, stepchild, son-in-law, daughter-in-law, brother-in-law, and sister-in-law.

C. An employee must notify their immediate supervisor of the need for bereavement and/or funeral leave within 24 hours of the start of the absence.

5.9 Military Leave

Policy
The Village complies with all applicable Federal and State laws for granting military leave to all regular employees who volunteer or who are called to participate in tours of military service or training.

Guidelines
Employees are required to notify their immediate supervisor at the earliest possible date upon learning of scheduled military training or duty. Upon notification, the affected department shall notify the Human Resources Department of the employee's status.

5.10 Jury Duty

Policy
Any employee summoned for jury duty shall receive their normal pay for any time lost while serving on jury duty, in addition to any money received from the court.

Guidelines
Employees must notify their supervisor or Department Director as soon as written notice regarding jury duty is received. Employees shall provide a copy of the stub from the reimbursement check(s) as documentation for the leave and complete a leave request form to account for the leave.

5.11 Illinois Victims' Economic Security & Safety Act | VESSA

Policy
Pursuant to the 2003 Illinois Victims' Economic Security and Safety Act (VESSA) all eligible employees are entitled to take up to 12 weeks of job-protected unpaid leave during any 12-month period for certain or "perceived" victims of domestic or sexual violence.

Guidelines
A. To be eligible for VESSA leave, employees must be employed either full or part time by the Village of Arlington Heights.

B. VESSA leave shall be granted for any of the following reasons:

  • Seeking medical attention for or recovering from physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member
  • Obtaining services from a victim services organization for the employee or the employee's family or household member
  • Obtaining psychological or other counseling for the employee or the employee's family or household member
  • Participating in safety planning, including relocation or taking other precautionary actions to help the employee or the employee's family or household member
  • Seeking legal assistance or other remedies to secure the health and safety of the employee or the employee's family or household member

C. Employees may also use VESSA leave intermittently or as part of a reduced workweek whenever it is necessary. An employee who is entitled to take paid or unpaid leave from employment may elect to substitute any period of such leave for an equivalent period of 12 workweeks of leave for any 12-month period. An employee can not take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by FMLA.

D. The Village uses a 12-month period measured forward from the date an employee uses any VESSA leave. Each time an employee uses VESSA leave, the Village computes the amount of VESSA leave the employee has taken, subtracts it from the 12 weeks and the balance remaining is the amount the employee is entitled to take at that time. For example, if an employee has taken four weeks of VESSA leave beginning July 1, 2003; the employee only has eight weeks of VESSA leave remaining until July 1, 2004.

E. An employee granted Illinois leave pursuant to this policy continues to be covered under the Village's group health and dental plans, life insurance plan, employee assistance program and long-term disability plan under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

F. Normal payroll deductions will be made for the employee portion of insurance premiums during any period of paid Illinois VESSA leave. The employee is responsible for paying the employee portion of insurance premiums during periods of unpaid VESSA leave. The Village will provide written notice to the employee on unpaid VESSA leave as to how the Village wants the employee's share of the premiums to be paid. Insurance benefits may be terminated if payment by the employee is more than 30 days late. Employee contribution amounts are subject to any change in rates that occur while the employee is on VESSA leave. At the end of the VESSA leave, when the employee returns to work, any unpaid insurance premiums will be deducted from the employee's paycheck.

G. An employee who utilizes VESSA leave will be restored to the same job or a job with equivalent status, pay, benefits, and other employment terms. However, the employee's job protection rights are the same as if the employee had not been on VESSA leave. Thus, if the employee's position would have been eliminated or the employee would have been terminated if not on VESSA leave, the employee does not have the right to be reinstated.

H. If an employee does not return to work at the end of the VESSA leave period for any unapproved reason, the employee shall reimburse the Village for all insurance premiums paid by the Village on the employee's behalf during the unpaid portion of the VESSA leave.

I. After exhausting all 12 weeks of VESSA leave, an employee who needs additional time off should look to the Village's policy on special leaves of absence to request additional time off. VESSA is not an addition to FMLA.

J. For VESSA leave the employee is to provide forty-eight hours' advance notice of the need for leave, if such notice is practicable. The employer cannot discharge or take other adverse action against an employee for taking an unscheduled leave if, within a reasonable time, the employee provides the employer with a sworn statement certifying that the leave was for one of the reasons cited in the law. Taking of VESSA leave may be denied if any of the above requirements are not met.

K. The employee is required to provide supporting documentation, such as police or medical records, when those documents become available. The Village will keep confidential the fact that the employee sought leave under the law, the certification, and any supporting documents. The Village of Arlington Heights shall not fail to hire, refuse to hire, discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms. conditions, or privileges of the employment of the individual, or retaliate against in individual protected by the Act.

L. The Village of Arlington Heights shall not fail to hire, refuse to hire, discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of the employment of the individual,or retaliate against an individual protected by the Act.

5.12 School Visitation Rights

Policy
Parents and guardians who are unable to meet with educators because of a work conflict have the right to an allotment of time during the school year to attend necessary educational or behavioral conferences at a primary or secondary school located in Illinois or a state which shares a common boundary with Illinois where their children attend.

Guidelines
A. Regular employees scheduled to work full-time or part-time 18.75 hours per week are eligible to request school visitation leave after they have at least six consecutive months of service with the Village of Arlington Heights immediately preceding a request for leave under this Act. Up to a total of eight hours per year, but no more than four hours on a given day, may be granted for school conference or activity leave if these activities cannot be scheduled during non-working hours. The employee must have exhausted all accrued vacation, personal or any other leave except sick leave or disability leave, before requesting school visitation rights.

B. The employee shall provide written notice to the Village at least seven days in advance of the school visitation. In emergency situations, no more than 24 hours notice shall be required. The employee must consult with the supervisor to schedule the leave so as not to unduly disrupt the operations of the department.

C. Within 2 days of the school visitation the employee shall submit a verification statement from the school of the exact time and date the visitation occurred and ended. Failure to submit the verification statement to their supervisor within 2 working days of the school visitation subjects the employee to the standard disciplinary procedures imposed by the Village for unexcused absences from work.

D. An employee who utilizes or seeks to utilize the rights afforded by the School Visitation Rights Act may request the opportunity to make up the time on a different day or shift as approved by the Department Director. An employee is not required to make up the time taken, but if an employee does not make up the time, the employee will not be compensated for the leave. An employee who does make up the time will be paid the same rate as paid for normal working time. If no reasonable opportunity exists for the employee to make up the time taken, the employee will not be paid for the time. A reasonable opportunity to make up the time taken does not include the scheduling of make-up time in a manner that would require the payment of overtime.

E. If unpaid leave under this Act conflicts with the unreduced compensation requirement for exempt employees under the federal Fail Labor Standards Act, an employer may require an employee to make up the leave hours within the same pay period.

5.13 Illinois Family Military Leave Act

Policy
All eligible employees of the Village of Arlington Heights are entitled for up to 30 days of unpaid family military leave when their spouse or child is called to military service lasting longer than 30 days.

Guidelines
A. To be eligible for the Family Military Leave Act, employees must be employed by the Village for 12 months and worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

B. Employees shall give at least 14 days notice of the intended date upon which the family military leave will commence if the leave will consist of 5 or more consecutive work days. Employees taking military family leave for less than 5 consecutive days shall give the employer advanced notice if practicable. The Village may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.

C. An employee shall not take leave as provided under this Act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the employee, except sick leave and disability leave.

D. Any employee who exercised the right to family military leave under this Act, upon expiration of the leave, shall be entitled to be restored by the Village to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This does not apply if the Village proves that the employee was not restored because of conditions unrelated to the employee's exercise of rights under this Act. During any family military leave taken under this Act, the Village shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.

E. Taking family military leave under this Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. Nothing in this Act shall be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this Act. The family military leave rights provided under this Act shall not be diminished by any collective bargaining agreement or employee benefit plan. Nothing in this Act shall be construed to affect or diminish the contract rights or seniority statues of any other employee of any employer covered under this Act.

F. The Village shall not interfere with, restrain or deny the exercise or the attempt to exercise any right provided under this Act. The Village shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee that exercises any right provided under this Act. The Village shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this act.