19991012 1999-25i
ORDINANCE NO. 1999- 25
AN ORDINANCE AMENDING SECTION 17-12(H), ARTICLE I, CHAPTER 17
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO
LEAVE WITHOUT PAY TAKEN BY CITY EMPLOYEES
BE IT ORDAINED, by the City Council of the City of Fairfax that, Section 17-12(h),
Article I, Chapter 17 of the Code of the City of Fairfax, Virginia, is hereby amended to read in
its entirety as follows:
Sec. 17-12. Holidays and Leave.
(h) Leave without pay not taken under the city's FMLA leave l~olicy. This section applies to
leave without pay that is not taken under subsection (g) above and the city's FMLA leave
policy. An employee may be granted leave without pay for a period of up to one week at the
discretion of the appropriate department head. An employee may be granted leave without
pay by the city manager for a period in excess of one week, but not to exceed one year. An
employee on leave without pay during a portion of a pay period shall earn leave with pay in
proportion to the time worked during the pay period calculated to the nearest hour.
Leave without pay shall be granted only when it is in the best interests of the city to do so.
The interests of the employee shall be considered when he has shown by his record to be
of more than average value to the city and when it is desirable to retain the employee even
at some sacrifice.
At the expiration of leave without pay, the employee shall be reinstated in the position he
vacated or in any other vacant position in the same class.
Credit toward annual and sick leave shall not be earned during leave without pay, nor
shall an employee be paid for holidays while on leave without pay.
If leave without pay immediately follows or precedes a holiday, there will be no
compensation or compensatory leave granted for the holiday.
A leave without pay shall not constitute a break in service, unless it exceeds thirty (30)
consecutive regularly scheduled working days. At that point, a break in service shall
occur for service time credit for retirement purposes, for qualification for benefits for life
insurance and for performance evaluation purposes. If the break in service exceeds thirty
(30) days and is during the probationary period, the probationary period will be extended
for the same period of time as was the break in service.
Failure on the part of the employee to report to work at the expiration of leave without pay
may be cause for dismissal.
1999-25
This ordinance shall become effective as provided by law.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
September28,1999
October 12,1999
October l2,1999
Mayor
Date
ATTEST:
¢/~-~y-(~ rk
The vote to adopt was 6-0, recorded as follows:
Vote:
Councilman Coughlan Yes
Councilman Greenfield Yes
Councilman Lederer Yes
Councilman Petersen Yes
Councilman Rasmussen Yes
Councilman Silverthome Yes
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