Leaves of Absence Policy

Library Board approved August 16, 2005. Revised July 19, 2011. Revised February 22, 2022. Revised January 24, 2023.

Introduction

The Oak Park Public Library recognizes staff members may need to take a leave from work for various reasons during their employment with the library. Therefore, the library provides the following leave of absence options included in this policy to its eligible staff members to use as requested and needed:

Bereavement/Compassionate Leave

The Oak Park Public Library will grant all regular full-time and part-time staff members up to five days of regularly scheduled work hours of paid bereavement/compassionate leave due to the death of an immediate family member to grieve, make arrangements, and/or attend services.

“Immediate family member” is defined as the staff member’s child (including stepchild and foster child), legal guardian/ward, spouse, domestic partner, civil union partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, stepparent, and members of your household. Members of your household include those who live with you as their permanent residence. 

This policy also allows absence from work due to:

  • a miscarriage; 
  • an unsuccessful round of intrauterine insemination (IUI) or of an assisted reproductive technology procedure such as in vitro fertilization (IVF)
  • a failed adoption match or an adoption that is not finalized because it is contested by another party;
  • a failed surrogacy agreement;
  • a diagnosis that negatively impacts pregnancy or fertility; or
  • a stillbirth.

All regular full-time and part-time staff members are entitled to take an additional five days of unpaid leave in the event of the death of an immediate family member. In the event of the death of more than one immediate family member in a 12-month period, an employee is entitled to up to 6 weeks of bereavement leave during that period. (Up to five days will be paid pursuant to this policy). Staff members may use any accrued, unused paid time off to run concurrently with this time. Staff members must complete time off under this policy within 60 days of learning of the need for leave.

Additional paid or unpaid time off for persons not covered in the definition of “immediate family member” may be allowed. The library may require a staff member to provide reasonable documentation in connection with leave taken under this policy. Staff members are requested to provide as much notice of the leave as possible. This policy does not permit a staff member to exceed the amount of leave available under the Family and Medical Leave Act.

Family and Medical Leave Act (FMLA)

Basic Leave Entitlement

Staff members may be eligible to take up to 12 weeks of unpaid family/medical leave within a 12-month period and be restored to the same or an equivalent position upon return provided that the staff member has worked for the library for at least 12 months AND worked at least 1250 hours in the last 12 months. The “12-month period” is measured as a rolling 12-month period measured backward from the date a staff member uses any FMLA leave.

Reasons for FMLA Leave

If a staff member is eligible, the staff member may take family/medical leave for any of the following reasons: (1) the birth of a child and to care for such child; (2) the placement of a child with the staff member for adoption or foster care; (3) to care for a spouse, son, daughter or parent (“covered family member”) with a serious health condition; or (4) because of the staff member’s own serious health condition which renders the staff member unable to perform one or more of the essential functions of the staff member’s position. Leave for reasons one and two above must be completed within the 12-month period beginning on the date of birth or placement.  

Military Family Leave Entitlement

If a staff member is eligible, the staff member may use the 12-week FMLA leave entitlement to take military family leave.  Staff members may use this leave to address certain qualifying exigencies related to the covered active duty or call to covered active duty of a spouse, son, daughter, or parent. Qualifying exigencies may include (1) attending certain military events; (2) arranging for alternative childcare; (3) addressing certain financial and legal arrangements; (4) attending certain counseling sessions; (5) addressing issues related to short-notice deployment; (6) spending time with a covered family member who is resting and recuperating; (7) attending post-deployment briefings; and (8) for certain activities relating to the care of the military member’s parent who is incapable of self-care where those activities arise from the military member’s covered active duty.

A staff member may also be eligible for up to 26 weeks of leave to care for a covered service member during a single 12-month period if the staff member is the spouse, son, daughter, parent, or next of kin of the covered service member. This single 12-month period begins with the first day the staff member takes the leave. A covered service member includes: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and: (i) was a member of the Armed Forces (including a member of the National Guard or Reserves); and (ii) was terminated or released under conditions other than dishonorable within the five-year period before the eligible staff member first takes FMLA military caregiver leave to care for the veteran.

Improper Use of Leave

Misrepresenting facts in order to be granted FMLA leave is a violation of trust that is subject to disciplinary action, up to and including termination of employment. Staff members may not be granted FMLA leave to gain employment or work elsewhere, including self-employment.

Notice of Leave

If the FMLA leave is foreseeable, the staff member must give the library at least 30 days’ notice following the usual procedure for requesting a leave of absence (notifying the immediate supervisor and human resources). Failure to provide such notice may be grounds for delay of the leave. Where the need for leave is not foreseeable, the staff member is expected to notify the library as soon as practicable and, absent unusual circumstances, follow the library’s normal leave procedures (notifying the immediate supervisor and human resources). When leave is needed for planned medical treatment, staff members should attempt to schedule treatment so as not to unduly disrupt the library’s operations.

Medical Certification—Leave for Staff Member’s Own or a Covered Family Member’s Serious Health Condition

If the staff member is requesting leave because of the staff member’s own or a family member’s serious health condition, the staff member and the relevant health care provider may be required to supply appropriate medical certification. If required, the medical certification must be provided within 15 days after it is requested or as soon as reasonably possible under the circumstances. Failure to provide valid requested medical certification promptly may result in denial of leave until it is provided. The library may also require medical recertification periodically during the leave, and staff members may be required to present a fitness for duty verification upon their return to work following leave for the staff member’s own medical condition specifying that the staff member is fit to perform the essential functions of the job.

Certification for a Qualifying Exigency

If the staff member is requesting leave because of a qualifying exigency arising out of a covered family member’s active duty or call to active duty, the staff member may be required to supply a copy of the covered military family member’s active duty orders or other documentation issued by the military indicating that the covered military member is on active duty or call to active duty (including the dates of the active duty service). The library may also request additional information about the leave. 

Certification for Service Member Family Leave

If a staff member is requesting leave because of the need to care for a covered service member with a serious injury or illness, the library may require the staff member to supply certification completed by an authorized health care provider of the covered service member. In addition, the library may also request additional information about the leave. 

Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

If a staff member is requesting leave because of the need to care for a covered veteran with a serious injury or illness, the library may require the staff member to supply certification completed by an authorized health care provider of the covered veteran.  In addition, the library may request additional information about the leave.

Substitution of Paid Time Off

FMLA leave is unpaid leave. If a staff member requests leave for any FMLA-covered reason, the staff member will be required to use any remaining applicable paid time off. The utilization of this paid leave does not extend the leave period. In addition, if a staff member is eligible for any other paid leaves, such as IMRF disability or workers’ compensation, these leaves will also run concurrently with FMLA leave (where appropriate) and will not extend the leave period.  When using paid leave in conjunction with FMLA leave, a staff member must comply with the requirements of the applicable paid leave policy.

Benefits During Leave

During an approved FMLA leave, the library will maintain the staff member’s health benefits as if the staff member continued to remain actively employed, but the staff member must continue to pay their share of the premium. Failure of the staff member to pay their share of the health insurance pre­mium may result in loss of coverage. If the staff member does not return to work after the expiration of the leave, the staff member may be required to reimburse the library for payment of health insurance premiums during the FMLA leave. 

During the unpaid portions of FMLA leave, the staff member will not receive pay for holidays. Staff members will not lose employment benefits accrued up to the day on which the unpaid FMLA leave begins. 

Intermittent or Reduced Schedule Leave

In the case of leave taken for a serious health condition, to care for a service member with a serious injury or illness, or because of a qualifying exigency, the leave may be taken intermittently (in separate blocks of time due to a single qualifying reason or health condition) or on a reduced hours basis if necessary.  When leave is needed for planned medical treatment, staff members should attempt to schedule treatment so as not to unduly disrupt the library’s operations. Furthermore, if intermittent or reduced hours leave is required for planned medical treatment, the library may, in its sole discretion, temporarily transfer the staff member to another job with equivalent pay and benefits that better accommodate that type of leave. If the leave is unpaid, the library will reduce the staff member’s pay based on the amount of time actually worked.  A fitness-for-duty certification may be required to return from an intermittent absence if reasonable safety concerns exist concerning the staff member’s ability to perform their job duties.

Job Restoration

A staff member who returns to work from an approved FMLA leave of absence is entitled to return to their job or an equivalent position without loss of benefits or pay. A staff member who took leave because of their own serious health condition who wishes to return to work from FMLA leave may be required to present a fitness-for-duty release by a doctor before being restored to employment. A staff member who does not provide the certification will not be permitted to resume work until it is provided.

Family Military Leave

Eligible staff members may use unpaid family military leave for up to 30 days during the time that a family member’s federal or state deployment orders are in effect.

Definitions

“Eligible Staff Member” means a staff member who has been employed for at least 12 months and who has worked at least 1250 hours during the 12 months preceding the commencement of the leave.

“Family Member” means the staff member’s child, grandchild, spouse, or parent who has been called to military service lasting longer than 30 days with the state or the United States pursuant to the orders of the Governor or the President of the United States.  

Use of Time Off

Family military leave is unpaid. If a staff member is granted family military leave, the staff member will be required to use any remaining applicable paid time off. The utilization of this paid leave does not extend the leave period. A staff member’s leave under this policy may be reduced by the number of days a staff member takes “exigency leave” under the Family and Medical Leave Act.

Notice of Leave

The staff member should provide as much notice as is practicable. Where possible, the staff member should attempt to schedule such leave so as not to unduly disrupt library operations. 

Verification

For leaves taken pursuant to this policy, the staff member may be required to submit verification from the proper military authority demonstrating the staff member’s eligibility for the leave.  

Benefits During Leave

During an approved family military leave, the staff member may maintain health benefits at the staff member’s expense. The taking of leave under this policy will not result in the loss of any employment benefit accrued before the date on which leave commenced.

Job Restoration

Upon returning from an approved family military leave, the staff member is entitled to return to the same position or to an equivalent position with equal pay, benefits, and other terms and conditions of employment unless such restoration is inappropriate for reasons unrelated to the staff member’s family military leave.

General/Personal Leave

If staff members are ineligible for any other leave of absence, the Oak Park Public Library may grant a general/personal leave of absence without pay. Staff members should submit their request for personal leave to their supervisor and Human Resources before the anticipated start of the leave. If the leave is requested for medical reasons and staff members are not eligible for leave under the federal Family and Medical Leave Act (FMLA) or any state leave law, medical certification may be required. 

The general/personal leave request will be considered and evaluated on a number of factors, including anticipated workload requirements, staffing considerations, and the reason for the requested leave. 

A general/personal leave of absence may be granted for a period of up to eight (8) weeks. However, a leave may be extended up to four (4) weeks if, prior to the end of the leave, the staff member submits a request for an extension, and the request is granted. The maximum amount of general/personal leave allowed is twelve (12) weeks in a rolling 12-month period measured backward from the date a staff member uses any general/personal leave.

The library will continue insurance coverage during the leave if staff members submit their share of the monthly premium payments to the library in a timely manner. During the unpaid portions of general/personal leave, the staff member will not receive pay for holidays. 

When the staff member anticipates returning to work, they should notify their supervisor of the expected return date. This notification should be made at least one week before the end of the leave.

Upon completion of the general/personal leave of absence, the library will attempt to return staff members to their original job or a similar position, subject to prevailing library operation considerations. Reinstatement is not guaranteed.

Failure to advise your supervisor or Human Resources of availability to return to work, failure to return to work when notified, or a continued absence from work beyond the time approved by the library will be considered a voluntary resignation of employment.

Jury and Witness Duty Leave

The Oak Park Public Library will provide all regular full-time and part-time staff members requested to serve jury duty with the required time off to fulfill their obligation. The library will pay staff members their straight time pay for their regularly scheduled work hours missed for jury service or when subpoenaed to appear before a court, public body, or commission in connection with library business. All staff members may keep whatever compensation is given for their jury service.

In cases where jury duty does not require a full day, staff members are expected to spend as much time as reasonable at their regularly scheduled duties.

Staff members are required to notify their immediate supervisor as soon as possible when they receive a jury duty summons and provide a copy to Human Resources to be eligible for payment. Proof of jury service verifying the dates and times of attendance may be required.

The Oak Park Public Library will provide up to eight (8) weeks of paid parental leave to all regular full-time and part-time staff members following the birth of a staff member’s child or the placement of a child with a staff member in connection with adoption or foster care. The purpose of paid parental leave is to enable the staff member to care for and bond with a newborn or a newly adopted or newly placed child. This policy will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. 

Eligibility

All regular full-time and part-time staff members are eligible for paid parental leave provided they meet one of the following criteria:

  • Have given birth to a child.
  • Be a spouse or committed partner of a person who has given birth to a child.
  • Have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger).

Amount, Time Frame, and Duration

Eligible staff members will receive a maximum of eight (8) weeks of paid parental leave per birth, adoption, or placement of a child/children. The fact that a multiple birth, adoption, or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the eight-week total amount of paid parental leave granted for that event.

Paid parental leave is compensated at the staff member’s current regular rate of pay based on the staff member’s regularly scheduled weekly hours. Paid parental leave will be paid on regularly scheduled pay dates.

Paid parental leave can be taken intermittently but should be taken in full week increments where possible. Approved paid parental leave may be taken at any time during the twelve-month period immediately following the birth, adoption, or placement of a child with the staff member. 

Any unused paid parental leave will be forfeited at the end of the twelve-month time frame.

Upon separation of employment, the staff member will not be paid for any unused paid parental leave for which they were eligible.

Coordination with Other Policies and Benefits

After the paid parental leave is exhausted, the remainder of the leave can be compensated through staff members’ applicable paid time off. Upon exhaustion of applicable paid time off, any remaining leave will be unpaid leave. Please refer to the Family and Medical Leave Act (FMLA) policy for further guidance.

The library will maintain all benefits for staff members during the paid parental leave period just as if they were taking any other leave.

If a holiday occurs while the staff member is on paid parental leave, such a day will be charged to holiday pay.

Notice of Leave

The staff member should provide reasonable notice to their supervisor and Human Resources. The staff member must complete any necessary forms and may be required to provide documentation to substantiate the request.

School Visitation Leave

The Oak Park Public Library provides all regular full-time and part-time staff members time off for school visitation. Visitation is allowed for staff members to attend educational and/or behavioral conferences or classroom activities at their children’s school when these school visits cannot be scheduled outside of work hours. “Child” means biological, adopted, foster child, or legal ward of a staff member who is enrolled in a primary or secondary school. 

Eligible staff members may request up to a total of eight (8) hours of visitation in any school year, with a maximum of four (4) hours on any given day. The staff member must provide reasonable notice to their supervisor when requesting school visitation leave. 

School visitation leave is unpaid. Staff members must use applicable paid time off for school visitation leave, if available. Supervisors may allow staff members to make up time for the unpaid school visitation leave. Staff members may be asked to provide their supervisor with written verification of the date, time, and length of the school visitation.

Victims’ Economic Security and Safety Act (VESSA) Leave

The Oak Park Public Library provides all regular full-time and part-time staff members with unpaid victims’ economic and security and safety leave for up to 12 weeks in a 12-month period for any one or more of the following reasons:

  • Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic, sexual, gender violence or any other crime of violence to the staff member or the staff member’s family or household member; or
  • Obtaining services from a victim services organization for the staff member or the staff member’s family or household member; or
  • Obtaining psychological or other counseling for the staff member or the staff member’s family or household member; or
  • Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the staff member or the staff member’s family or household member from future domestic, sexual, gender violence, any other crime of violence, or ensuring economic security; or
  • Seeking legal assistance or remedies to ensure the health and safety of the staff member or the staff member’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic, sexual, or gender violence or any other crime of violence.

Definitions

“12-Month Period” means a rolling 12-month period measured forward from the date leave is taken and continuous with each additional leave day taken.

“Family or Household Member” means a spouse or party to a civil union, parent, grandparent, child, grandchild, sibling, or any other person related by blood or by present or prior marriage or civil union, other person who shares a relationship through a child, or any other individual whose close association with the staff member is the equivalent of a family relationship as determined by the staff member, and persons jointly residing in the same household.

“Domestic, Sexual, or Gender Violence” means domestic violence, sexual assault, gender violence, or stalking. 

“Crime of Violence” means any conduct proscribed by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal Code of 2012 or a similar provision of the Criminal Code of 1961, in addition to certain conduct proscribed by Articles of the Criminal Code of 2012. 

Intermittent or Reduced Leave

A staff member may take leave intermittently (a few days or a few hours at a time) or on a reduced leave schedule.

Substitution of Paid Time Off

A staff member may elect to substitute applicable paid time off for any part of victims’ economic security and safety leave.  Such substitution will not extend the staff member’s total allotment of time off under this policy. 

Notice of Leave

A staff member should provide as much notice as is practicable to their supervisor and Human Resources when the need for leave becomes known.

Certification

For leaves taken pursuant to this policy, the staff member may be required to submit a certification demonstrating the need for the leave. The certification must be provided by the staff member as soon as reasonably possible.

The certification requirement may be satisfied by the submission of a sworn statement from the staff member and one of the following:

  • Documentation from a victim services organization, attorney, clergy, or medical or another professional from whom the staff member or the family/household member has sought assistance from in addressing domestic, sexual, gender violence or crime of violence and/or its effects;
  • A police or court record; or
  • Other corroborating evidence.

All documentation related to the staff member’s need for the leave pursuant to this policy will be held in strict confidence and will only be disclosed as required by law.

Benefits During Leave

During an approved VESSA leave, the library will maintain your health benefits, as if you continued to be actively employed.  If paid leave is substituted for unpaid VESSA leave, the library will deduct your portion of the plan premiums as a regular payroll deduction.  If your leave is unpaid, you must pay your portion of the premium during the leave.  Your group health care coverage may cease if your premium payment is more than 30 days late. If you do not return to work at the end of the leave period, you may be required to reimburse the library for the cost of the premiums paid by the library for maintaining coverage during your unpaid leave, unless you cannot return to work because of the continuation, recurrence, or onset of domestic, sexual, gender violence, crime of violence, or other circumstances beyond your control.

When your need for the leave also qualifies as family/medical leave pursuant to the Family and Medical Leave Act (FMLA), the FMLA leave will run concurrently with leave taken pursuant to this policy, such that the total amount of unpaid leave for which a staff member will be eligible in one year is 12 weeks.

Job Restoration

If you wish to return to work at the expiration of your leave, you are entitled to return to your same position or to an equivalent position with equal pay, benefits, and other terms and conditions of employment.  If you take leave because of your own medical condition, you are required to provide medical certification that you are fit to resume work. Staff members who do not provide the certification will not be permitted to resume work until it is provided.

Reasonable Accommodations

The library supports the Victims’ Economic Security and Safety Act and will attempt to provide reasonable accommodations for people who are entitled to protection under this Act in a timely fashion unless such accommodations would present an undue hardship for the library.  

Reasonable accommodation applies to applicants and staff members and may include adjustment to a job structure, workplace facility, or work requirement, transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, implementation of a safety procedure or assistance in documenting domestic, sexual, gender violence or crime of violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic, sexual, gender violence or crime of violence.

A qualified individual is an individual who, but for being a victim of domestic, sexual, gender violence or crime of violence or with a family or household member who is a victim of domestic, sexual, gender violence or crime of violence, can perform the essential functions of the employment position that such individual holds or desires.

Should you wish to request a reasonable accommodation pursuant to this policy, you should contact Human Resources.

Confidentiality

All information provided to the library pursuant to this policy, including a statement of the staff member or any other documentation, record, or corroborating evidence, and the fact that the staff member has requested or obtained an accommodation pursuant to this policy shall be retained in the strictest confidence by the library, except to the extent that disclosure is (1) requested or consented to in writing by the staff member; or (2) otherwise required by applicable federal or state law.

Voting Leave

The Oak Park Public Library supports and promotes civic engagement and believes participation in the election process is a critical civic responsibility. 

Therefore, all staff members may be permitted two hours of paid leave for the purpose of voting in a local, state, or national election. This leave must be exercised between the opening and closing of the polls and may be used for early voting.

If you need to take time off to vote, you must notify your supervisor of your plans no later than the day before the election. Your supervisor will notify you of the two-hour block of time assigned to you for voting purposes. Proof of attendance at the polls may be required.

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