Leaves of Absence
Library Board approved August 16, 2005, Revised July 19, 2011
- JURY DUTY
All employees shall be given time off when required to serve on a jury. Full-time employees shall receive full pay and part time employees shall receive pay for hours normally scheduled for time spent serving on jury duty or when subpoenaed to appear before a court, public body or commission in connection with library business. All employees are entitled to keep whatever compensation is given for jury duty.
Employees shall provide to the employee's supervisor a copy of the jury duty summons, within 10 days from the date of issuance to the employee. Proof of jury duty attendance must be furnished to the employee’s supervisor.
- COMPASSIONATE LEAVE
If there is a death in the immediate family, the Executive Director or Assistant Director may approve a leave with pay for full-time employees so that the employee may make necessary arrangements and attend services. Leave will be granted according to the circumstances, with a maximum time allowable of four working days.
For the purposes of Compassionate Leave, immediate family is defined as parent, spouse, domestic partner, child, sibling of employees or their spouse whether natural, step, adoptive, in-law, or grand.
- PERSONAL BUSINESS
After working for six months, each full-time employee may take one paid day of leave for personal business each calendar year. Personal leave time may be scheduled in hourly units, must be arranged with the permission of the department head, and may not be carried over into a new calendar year. Once an employee’s resignation has been submitted, the employee is no longer eligible for unused personal leave time.
- FAMILY AND MEDICAL LEAVE (FML)
An employee who has been on the Library’s payroll for at least 12 months (52 weeks) and has worked at least 1,250 hours in the 12 month period preceding the date the leave will commence is eligible to take family and medical leave. The 12‐month period in which the leave may occur is defined as the calendar year.
An eligible employee may take a total of twelve work weeks of unpaid leave during the year for one or more of the following reasons:
a. because of the birth of a child and in order to care for the child;
b. because a child was placed with an employee as a result of an adoption or foster care proceeding;
c. because an employee is needed to care for a spouse, son, daughter, or parent who is diagnosed with a serious health condition; or
d. because the employee is diagnosed with a serious health condition and is unable to perform the functions of their position.
The employee shall submit a request for family and medical leave in writing to the Executive Director and their supervisor at least 30 days in advance of the first date of the requested leave. The library has the responsibility to designate the leave as FML with proper notification to the employee, whether the employee mentions FMLA or not.
An eligible employee may take leave under this policy intermittently or on a reduced hour schedule for any of those purposes stated above, subject to Executive Director approval and the Library’s operational needs.
The Library may require proper certification from a health care provider for any leave requested for the purposes stated above and prior to any return to work.
If the employee is participating in the Library’s medical insurance program at the time the leave is initiated, the Library will continue to provide coverage at the level and under the conditions such coverage would have been provided if the employee were continuously employed for the duration of the leave provided that, if the employee fails to return to work for reasons not based upon circumstances beyond the control of the employee, the Library may recover from the employee the cost, if any, of such continued coverage.
Decisions regarding the grant of family and medical leave will be made by the Executive Director or their designee.
Upon returning from family or medical leave, the employee shall be entitled to the position they held when the leave began; or an equivalent position with equivalent benefits, pay and other terms and conditions of employment. However, an employee on leave under this policy shall be subject to lay‐off or dismissal on the same terms and conditions as are applicable to employees who are not on leave.
In the event any provisions of the Section D require interpretation or are unclear, this policy shall be interpreted and implemented consistent with the rights and obligations required under the Federal Family and Medical Leave Act of 1993.
- LEAVE WITHOUT PAY
There are three categories of leave without pay that this policy addresses; leave without pay for benefited employees, leave without pay for non-benefited employees and extended leave without pay.
- A benefited employee must be on the Library’s payroll for at least one year and have taken all earned vacation time to be eligible to request leave without pay. The maximum amount of leave without pay allowed will be two weeks (prorated) in a calendar year.
- A non-benefited employee must be on the Library’s payroll for at least six months to be eligible to request leave without pay. The maximum amount of leave without pay allowed will be four weeks (prorated) in a calendar year.
- An employee must be on the Library’s payroll for at least one year and have taken all earned vacation time to be eligible to request extended leave without pay.
The maximum amount of extended leave without pay allowed will be three months. A request for extended leave without pay shall be submitted in writing to the employee’s supervisor at least 30 days in advance of the proposed leave start-date unless the reason for the requested leave prohibits such notice, in which case the employee must notify the Library as soon as practicable.
Extensions of this leave must also be requested in advance and in writing and submitted to the employee’s supervisor. If the employee is participating in the Library’s medical insurance program at the time the extended unpaid leave of absence begins, they may continue to participate in the program at their own expense while on leave (unless the employee is entitled to family or medical leave as described in section D.).
The decision whether to grant extended leave without pay will be made by the Executive Director or their designee, considering such variables as:
a. operational needs of the library
b. previous leave of the employee
c. number of other employees on leave
- MILITARY LEAVE
Military leave will be granted in accordance with federal law.
- EXTENDED LEAVE OF ABSENCE FOR LIBRARIAN EXCHANGE
An extended leave of absence, with pay, for up to one year may be authorized by the Executive Director and granted to a Librarian to exchange their position with an equally qualified English-speaking foreign or domestic librarian in a similar position in a similar type of library. During the leave of absence, the librarian's fringe benefits shall be maintained by the home library.
- VICTIM’S ECONOMIC SECURITY AND SAFETY ACT LEAVE (VESSA)
An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim of domestic or sexual violence, may request and shall be granted an unpaid leave of absence not to exceed twelve (12) workweeks to address domestic or sexual violence by:
- 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, temporarily or permanently relocating, or taking other actions to increase the employee’s safety or that of the employee’s family or household member from future domestic or sexual violence or ensure economic security; or
- Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
The following conditions attach to Victim’s Economic Security and Safety Act Leave:
- An employee who qualifies under this section is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period.
- This section does not entitle the employee to take unpaid leave that exceeds, or is in addition to, unpaid leave time allowed under the federal FMLA.
When this leave is taken for reasons that also qualify for leave under FMLA, such leave shall be concurrent with FMLA leave.
- The Library may require the employee to report periodically on the status and intention of the employee to return to work.
- In order to preserve their entitlement to unpaid leave, the employee must give the Library forty-eight (48) hours advance notice of the employee’s intention to take the leave if such notice is practicable. Otherwise the employee must provide certification as provided below, within a reasonable period after commencing an unscheduled absence.
- The Library may require the employee to provide certification that the employee or the employee’s family or household member is a victim of sexual or domestic violence, and that the leave is for one of the five eligible purposes described above.
An employee can satisfy the request for certification by:
- Providing a sworn statement of the employee; and
- Providing documentation from an employee, an agent or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee’s family or household member has sought assistance in addressing domestic or sexual violence and the effects of the violence;
- Providing the Library with a copy of a police or court record, or other corroborating evidence.
All information provided to the Library related to leave under this section shall be retained in the strictest confidence by the Library except to the extent the employee requests or consents to disclosure in writing, or disclosure is required by any law.
Taking leave under this section shall not result in the loss of any employment benefit accrued prior to commencement of the leave, however the employee is not entitled to accrue seniority or employment benefits during any period of leave taken under this section.
The Library shall maintain coverage for the employee or the employee’s family or household member under the Library’s group health insurance during the period of the leave just as if the employee had continued in employment continuously. The Library may recover the premium that it paid if:
- The employee fails to return after the period of leave to which the employee is entitled has expired; or
- The employee fails to return to work for a reason other than:
- the continuation, recurrence, or onset of domestic or sexual violence that entitles the employee to leave pursuant to this section; or
- other circumstances beyond the control of the employee.
Any employee who believes their rights under the Victim’s Economic Security and Safety Act have been violated may, within three (3) years after the alleged violation occurs, submit a complaint requesting a review of the alleged violation to the Illinois Department of Labor, VESSA, State of Illinois Building, 160 North La Salle Street, Suite 1300, Chicago, Illinois, or may call (312) 793-2800.