` CHAPTER 8
LEAVES OF ABSENCE
STATEMENT OF POLICY
The purpose
of this Chapter establishes a uniform and equitable system where employees may
be reasonably excused from work for rest, recreation, health, education,
welfare and other purposes without any appreciable decrease in the productivity
of and services provided by the Hospital.
The
Procedures for Leave Sharing are identified as an appendix may be used to
augment the provisions of this Chapter.
8.000 GENERAL
PROVISIONS FOR LEAVE OF ABSENCE
8.001 Leave of Absence Defined
A leave of
absence is an approved absence from duty, by the Administrator or his
designated representative, for a prescribed period of time, with or without
pay.
8.002 Revocation of Leave
Approved
leave may be revoked by the Administrator when the good of the service requires it, or
when evidence shows that the employee on leave is engaged in activities for
which the leave would not have been granted.
8.003 Denial of Leave of Absence
A. No leave of absence, with or without pay,
shall be authorized where it appears or was discovered that it was requested
for the purpose of:
1. Allowing the employee to work at his
outside employment.
2. Engaging in prohibited or unlawful
activities.
B.
Leave may also be denied when the loss of the
employee’s services on days for which leave is requested would result in
discontinuance of critical services to the public.
8.004 Form of Leave Application
Application
for leave of absence shall be made in the form prescribed by the Administrator.
8.005 Failure to Return
Failure to
report for assignment at the expiration of leave of absence without acceptable
excuse shall be subject to Employee Disciplinary Action pursuant to Chapter 11.
8.100 ANNUAL
LEAVE
8.101 Policy
It shall be the policy of the Hospital
to afford an opportunity for employees to take leave, and particularly to
avoid, whenever possible, loss of leave by forfeiture. However, leave may be denied by the Administrator
when the services of the employee are required after good faith consideration
of the employee's request and operational requirements.
8.102 Request for Annual Leave
Requests for
annual leave shall be submitted to the appropriate supervisor by the employee, at
least 30 calendar days in advance for leave in excess of 40 consecutive
hours. Reasonable consideration shall be
afforded for emergency situations within 48 hours in advance for leaves in
order to avoid unnecessary disruption of work.
8.103 Minimum Charge for Annual Leave
An employee
who uses annual leave in the amount of time which is less than a full hour,
shall be charged leave daily according to the following table:
Minutes
Used Time
Charged (Minutes)
0
- 14 00
15 -
30 30
31 -
60 60
8.104 Accrual of Annual Leave
A. Employees occupying permanent positions
shall accrue annual leave in accordance with the following schedule:
1. One‑half day (four (4) hours) for
each full bi‑weekly pay period in the case of employees with less than five
(5) years of service.
2. Three‑fourths day (six (6) hours)
for each full bi-weekly pay period in case of employees with more than five
(5) years of service.
B. Annual leave earned during any pay period
shall be credited to the employee’s account on the last day of that pay period
or, in case of separation, the last day the employee is on the payroll.
C. An employee shall continue to earn annual
leave credits during leave of absence with pay for each bi-weekly pay period,
otherwise there shall be no accrual for such period.
8.105 Determination of Years of Service for Annual
Leave Accrual Purposes
Computation
of years of service as a basis for the rate of accrual of annual leave shall be
in accordance with the following:
A. In determining the years of service prior
to the 1961 leave year, employees shall be credited with:
1. All periods of employment to include
service with the Naval Government of Guam, or with other Federal
instrumentalities or agencies within
2. Period of service with the Armed Forces
of the
B. In determining years of service commencing
with the 1961 leave year, employees shall be credited with:
1. All service for which annual leave shall
accrue.
2. Full-time employment in the Judicial or Legislative
branches.
3. Service with the Naval Government of
Guam, or with other Federal instrumentalities or agencies within Guam prior to
August 1, 1950, and to include honorable service with the Armed Forces of the
8.106 Maximum Accumulation and Carry Over of
Annual Leave
A.
Employees entitled to annual leave may accumulate
up to 320 hours.
B.
Any annual leave earned by eligible employees
in excess of three hundred twenty (320)hours shall be credited to employee’s
accumulated sick leave provided that no more than one hundred (100) 100 hours
shall be credited to said sick leave at
the end of each fiscal year.
C.
However, employees who have accumulated annual
leave in excess of 320 hour as of February 28, 2003 may carry over their excess
and shall use the excess amount of leave prior to retirement or termination
from service. At the time of retirement
or termination of service, that portion permitted to be credited to sick leave
shall be so credited and the remainder of the excess leave, if any, shall be
lost. Nothing herein shall allow lump
sum compensation or retirement credit for annual leave in excess of 320 hours.
D.
The determination of accumulation of annual
leave, and crediting of excess hours sick leave, shall be done at the end of
each fiscal year. Leave year commences
October 1 and ends September 30.
E. Registered nurse’s annual
leave accrued and unused in a leave year may be accumulated and carried over to
the next leave year except that total accumulation by such carry-over shall not
exceed 320 hours. Annual leave in excess
of 320 hours shall be automatically
credited to accumulated sick leave provided that not more than 100 hours shall be credited to sick leave. (Pursuant to
4GCA, § 4109.1 – repealed by Public Law 27-106)
F. Nurses and other healthcare professionals
who are not allowed leave time due to shortage of staff shall be given monetary
compensation at the end of each fiscal year.
(Pursuant to Public Law 24-325, Section 10, 6228.7 (f))
8.107 Avoiding Forfeiture of Annual Leave
A. Employees shall submit advance requests for
planned annual leave which will be earned in the current leave year to preclude
forfeiture of annual leave.
B. Supervisors share the responsibility with
employees for avoiding forfeiture of annual leave. Supervisors shall develop by the end of the
first quarter of each leave year a schedule of annual leave for employees under
their supervision. Employees shall be
expected to submit reasonable estimates for use of their leave for the current
leave year.
8.108 Liberal Consideration of Annual Leave Requests
upon Birth or Adoption of a Child
Employees
may, upon the birth or adoption of a child, submit a request on the appropriate
leave form for annual leave for the purposes of assisting or caring for the
child. Such requests should be liberally
considered by supervisors and for other leaves set forth in the Family and
Medical Leave Act (FMLA).
8.109 Annual Leave
Requests to Participate in a Athletic Contingent Recognized by the
An employee, who is a participating
athletic, coach or administrator
an athletic contingent recognized by
the Guam National Olympic Committee representing Guam by invitation in any
regional, national or international tournament, game or other sporting event
sanctioned by the Committee, shall be granted leave by the administrator for
the time it takes to complete both competition and any necessary travel, not to
exceed 15 working days, provided that his accumulated annual leave or
compensatory time is charged with the hours he is absent from duty. The employee must request such leave in
writing 30 calendar days prior to his first day of leave. If the employee has exhausted his annual
leave, or chooses not to use such, he shall be granted leave without pay. The employee may be granted said leave for competition
not more than three times in a calendar year.
8.110 Advance Annual Leave Credit Not Permitted
Annual
leave shall not be granted in advance of being earned. If an employee has insufficient leave credit
to cover a period of absence, the employee shall be placed on leave without pay
status or request for leave sharing provided that all requirements are met
under the Leave Sharing Policy.
8.111 Advance Lump Sum Payment for Annual Leave
In accordance
with Section 4111, Chapter 4 of Title 4 of the GCA, an employee may, prior to
taking authorized annual vacation leave, receive a lump sum payment in advance
for the period of leave authorized. If
any such employee returns to work status prior to the expiration of the leave
period for which he received a payment in advance, he shall reimburse the Hospital
for any portion of such period which shall not have expired no later than the
pay period following the return to work status and shall be credited with the
unused annual leave for future use. For
compelling reason’s, arrangements for reimbursement may be subject to
Administrator’s approval.
8.112 Lump Sum Payment for Annual Leave upon
Separation or Transfer
A. When an employee is separated from the Hospital’s
service, he shall be given a lump sum payment for any accrued and unused annual
leave up to a maximum of 320 hours as of the date of separation. In computing lump sum payment, leave on
leave shall not be allowed.
B. Any employee who transfers from a branch of the Government of
Guam to another, or from one department, agency, instrumentality, or
corporation of the Government of Guam to another department, agency,
instrumentality or corporation at his option, may accept cash value of his
earned leave, up to a maximum of 320 hours, at the time of transfer, or
transfer his accumulated annual leave to his new government position,
notwithstanding the fact that such transfer may appear on the employee’s
personnel records as a resignation.
8.200 SICK LEAVE
8.201 Purpose
and Eligibility
A. Sick leave shall be allowed to an employee
when the employee:
1.
receives medical, dental or optical
examination or treatment, or any mental health examination, counseling or
treatment;
2.
is incapacitated for the performance of duties
by sickness, injury, complications due to pregnancy, medical confinement; or
would jeopardize the health of others by his presence at his duty assignment
because of exposure to a contagious disease or because of quarantine due to his
own or another’s illness.
3.
gives birth or becomes a father pursuant to
maternity or paternity statutes.
4.
To provide health care for a member of the
employee’s immediate family as a result
of serious illness or injury and the employee has exhausted all annual leave
and compensatory time available.
a.
“serious illness or injury” means an urgent
condition that is certified by the attending physician as requiring hospitalization,
institutionalization, or extended home care in which the person needs the
constant administration of special medical care or support.
B. Sick leave with pay shall be allowed
during leaves of absence or vacations, provided, however, that any sick leave
taken by an employee while on vacation must be supported by a certificate
issued by a licensed physician.
C. Responsibility for administration of this
section shall remain with the Administrator, subject to such audit as ordered
by the Commission.
8.202 Notification
of Sickness
A. Notification of absence on account of
sickness shall be given as soon as possible and no later than starting of the
normal workday to the immediate supervisor
or Department Head within two (2) hours after the employee’s assigned work is
to commence the, or if impracticable, as soon
thereafter as circumstances permit giving reasons for absence.
B. Rotating
shift employees must notify the appropriate immediate supervisor of their
absence on account of sickness at least four (4) hours in advance of their
scheduled work time and at least four (4) hours in advance of their intent to
return to work following an illness or injury.
C. Employees
failing to comply with this provision may not be allowed to charge their
absence to sick leave unless waived by the Division Head.
D. If
such notification has not been given in accordance with this section, the employee
may be subject to disciplinary action.
8.203 Application for Sick Leave
A. Application for sick leave shall be filed
on a form prescribed by the Administrator.
B. Sick leave shall be granted in accordance
with statute, rules, policies and procedures.
8.204 Sick Leave Charged Only for Working Hours
An employee
shall be charged for sickness for only those hours for which he was, or would
have been scheduled to work.
8.205 Accrual of Sick Leave
A. Employees occupying permanent positions
shall accrue sick leave at the rate of
one‑half day (four hours) for each bi‑weekly pay period in which
the employees are on pay status for the entire 10 days, otherwise there shall
be no accrual.
B. Sick Leave
for nurses and other healthcare professionals shall consist of any
combination of eighty (80) hours of work, inclusive of work at overtime and
double time compensation (Pursuant to
P.L. 24-325 Section10 6228.7 (e))
8.206 Minimum Charge for Sick Leave
An employee
who uses sick leave in an amount of time, which is less than a full hour shall
be, charged leave according to the following table:
Minutes Used Time Charged
(Minutes)
0 -
14 00
15 -
30 30
31 -
60 60
8.207 Accumulation and Carry Over of Sick Leave
Unused sick
leave may be accumulated and carried over to succeeding leave years without
limitation.
8.208 Vesting of Sick Leave
Sick leave
accrued for service with the Government of Guam or any of its
instrumentalities, branches, authorities or any entity, corporation or agency,
shall vest in the employee upon accrual and shall remain vested in such
employee while he is employed by the Government notwithstanding the fact, that
from time to time, he may be transferred from one branch to another or to
autonomous agency, Hospital or entity within the Government of Guam. Sick leave accrued and unused at the time of
separation from Hospital shall remain credited to the employee if such employee
returns to Government service in a full-time capacity. An employee, approved for disability
retirement, shall exhaust his accrued sick leave prior to effecting his
retirement.
8.209 Advance of Sick Leave
A. An employee who has suffered a serious
illness or ailment and has exhausted his sick leave and who intends to return
to work, may submit a written request, for advance of sick leave to the Administrator. Each request for advance of sick leave must
be accompanied by a certification of incapacitation for duty by the employee's
physician. An advance of sick leave may
not exceed 13 days, and shall be subject to the approval by the Administrator.
B. If an employee is separated from service
without having earned all of the sick leave allowed and taken, there shall be
deducted from any money due him at the time of separation, an amount equal to
his salary for the period of unearned sick leave allowed and taken.
C. If the employee is medically certified as
being unable to return to work after all accrued and/or advanced sick leave
credits have been used, the employee shall be allowed to use any accrued
compensatory or annual leave credits before being placed on leave without pay.
8.210 Physician's Certification of Incapacitation
A. An employee, who is absent because of
illness, injury, or quarantine in excess of three consecutive days or for the
full day immediately before or after a holiday, weekend, day off or vacation,
may be required to furnish a certification as to the incapacitation by a
licensed physician. Supervisors shall
apply reasonable judgment when requesting a doctor’s certification wherein a
pattern of absence is evident. The Administrator
or his designee may require certification for such other periods of illness he
deems advisable
B. If the certification required is not
furnished, all absences which would have been covered by such certification
shall be indicated on the payroll as leave of absence without pay.
C. If the medical certification furnished by
the employee is not acceptable the Administrator may require the employee to submit
to a medical examination which shall be paid for by the Hospital. Based on the medical certification, the Administrator:
1. shall not approve further use of sick
leave if the employee is medically evaluated as fit to return for work.
2. shall allow the employee to use accrued
sick leave if the employee is medically evaluated as unfit to return to
work. In the event the employee exhausts
his sick leave; the provisions of these rules shall apply.
D. An employee who, upon a written request by
the Administrator, refuses to comply with these rules shall not be eligible to
use accrued sick leave credits and any absence from work shall be handled in
accordance with Rule 8.700.
8.211 Lump Sum Payment for Sick Leave Prohibited
No employee
who separates from the Hospital for any reason may receive a cash payment for
sick leave accrued at the time he leaves such service, except that:
A.
death of the employee as provided for by Section 7102, Title 4 of the GCA; and
B.
retirement of an employee under the Defined
Contribution Retirement System.
The Hospital shall
issue a lump sum payment for an employee who
retires under the Defined Contribution Retirement system shall be calculated by multiplying the
employee’s hourly rate based
on the average of three highest salaries received him during his years of credited service by one-half (½) of the employee’s
unused accumulated sick leave hours.
8.300 ON-THE-JOB INJURY
8.301 Policy
It is the
policy of the Hospital that all
employees are provided with safe working conditions. This policy is intended as an employee
benefit separate and apart from Workers’ Compensation Law (Title 22, GCA,
Section 9101). Unless otherwise
provided by statute or the Commission, this policy shall take precedence in the
event of conflict with other rules or policies.
8.302 Definitions
A. Classified employee: A probationary or
permanent status employee occupying a classified position.
B. Day:
A calendar day unless otherwise specified.
C. Death:
Death resulting from an on-the-job injury.
D. Disability: Physical or mental incapacity due to an
on-the-job injury, which prevents the employee from performing the essential
functions of the employee’s regular position or other temporary duties.
E. Essential Functions: Those that an
employee must be able to perform in the employee’s regular position, with or
without reasonable accommodation.
F. Lateral Position: A position with
substantially comparable minimum qualifications or equivalent pay grade as the
employee’s regular position.
G. Management Official: Official with supervisory or management responsibilities.
H. On-the-Job Injury: Injury or death arising
out of and in the course of employment, including an accidental injury or
injury caused by the willful act of a third person directed against an employee
because of his employment, and such occupational disease or infection as arises
naturally out of such employment, or as naturally or unavoidably results from
such accidental injury.
I. Personal Leave: Annual or sick leave or compensatory time
off.
J. Physician: A person licensed to practice medicine in
the
K. Public Employment: Employment by a
department, agency, or instrumentality of the Government of Guam.
L. Reasonable Accommodation: A modification
or adjustment to the employee’s regular position, the work environment, or the
way things are usually done that enables the employee to perform the essential
functions of his regular position.
M. Regular Position: The position for which the employee was
hired.
N. Temporary Duties: Specific duties of
limited duration assigned to the employee during the work-injury period in lieu
of the regular duties of the employee.
O. Unclassified Employee: An employee
occupying an unclassified position or one employed on a temporary or limited
term status.
P. Work-Injury Leave: Leave with pay granted
by the Administrator under the provisions of Rule 8.300.
Q. WCC:
Workers’ Compensation Commission
8.303 Coverage
A. A classified or an unclassified employee
who suffers an on-the-job injury will be eligible for work-injury leave for up
to 60 days without charge to personal leave, beginning the day of the injury,
provided:
1. The employee is unable to perform the
essential functions of the employee’s regular position, or temporary duties,
during the 60-day period, or portions thereof, as certified to by the
employee’s physician, the Administrator shall refer the case to WCC for further
medical evaluation to include any necessary tests or testing such as laboratory
tests of radiological, sonographic, and computerized axial tomography, and
magnetic resonance imagery evaluation. The decision of the WCC shall be
final. The Administrator with the
approval of the Commission shall identify the essential functions of the
employee’s position for the purpose of this section.
2. The injury results in the death of the
employee. In this event, the employee’s
designated beneficiary or beneficiaries, or if there are none, the estate of
the employee, shall be entitled to a lump sum payment for the entire 60 day
work-injury period, or, that portion of the work-injury period that the
employee would have been entitled to had the employee survived.
B. If an employee is able to perform at least
the essential functions of his position or undertake temporary assignments as
provided in Rule 8.303.A.1, but requires follow-up medical treatment for
injuries, the employee shall be allowed work-injury leave for this
purpose. The administration of this
provision shall be closely monitored by the Administrator or delegated authority
and coordinated with the WCC.
C. An employee who is absent from work due to
a work-injury and has completed a minimum of 50% of the performance rating
period will be evaluated on his performance for that period. The employee will be entitled to a salary
increment upon receiving a satisfactory rating.
D. The employee on work-injury leave will
continue to accrue annual and sick leave as provided in Title 4, GCA, Sections
4108 and 4109.
E. Employment insurance benefits will
continue pursuant to contract provisions in effect for the group life and
health insurance program.
F. Work-injury leave will not be allowed if
the death or injury of the employee was self-inflicted or the result of the
employee’s use of illegal drugs, intoxication, recklessness, gross negligence,
criminal conduct, or the result of disciplinary action against the employee.
G. To prevent dual compensation, annual
and/or sick leave will not be allowed if the employee is receiving workers’
compensation.
8.304 Responsibilities:
A. An employee’s responsibilities include:
1.
Immediately reporting the injury to the
employee’s supervisor and completing the prescribed form within the required
timeframe. If the supervisor is not
available, the employee shall report the injury to the Hospital’s safety
personnel or any available management official within the Hospital.
2.
Pursuing a workers’ compensation claim in an
expedient and timely fashion prior to the expiration of the approved
work-injury leave period or converting to other leave status at the end of the
leave period.
3.
Acting in good faith in pursuing work-injury
claims. Any employee who engages in
fraud, misrepresentation, or abuse, shall be subject to discipline,
prosecution, and be required to provide restitution for all monies and benefits
received under Rule 8.300.
4. Obtaining physician’s certification to
include medical evaluation and physician’s detailed recommendation.
B. Management’s responsibilities include:
1.
Completing all work-injury reports, including
the supervisor’s portion of the worker’s compensation form, to be distributed
as follows:
a.
The original to WCC.
b.
One copy to the employee, the employee’s
division, Safety Office, the Guam Occupational Safety and Health Administration
(DOL) , and to the Hospital’s Human Resources Division for placement in the
employee’s medical jacket.
2.
The supervisory official who receives the
employee’s report must take immediate and expedient action to provide necessary
medical treatment and prepare and submit injury report to the Administrator and
other parties specified in Rule 8.304.B.1.
3. In cases requiring immediate treatment,
medical assistance shall be sought for the employee at the nearest available
medical facility. If the employee is not
ambulatory, or otherwise should not be moved without medical intervention, an
ambulance shall be called to transport the employee. A supervisory official or safety personnel
shall accompany the injured employee to the medical facility for medical
treatment as may be determined by the treating physician. Prompt notification of the employee’s
immediate family shall be made either by the supervisor, Department Head, Administrator,
or his associates.
4. Completion of all work-injury reports and
immediate submission to the Department Head, who shall submit such reports to
the Human Resources Division within five working days following the date of
notification of injury.
5. Notifying the Administrator by the department head, if the employee is
absent from work without authorization after the expiration of the approved
work-injury leave period.
6. Immediately notifying the WCC that an
employee is on work-injury leave status for the approved period.
7. Placing the employee on personal leave
status pursuant to the provisions of these rules after the expiration of the
approved work injury leave period. The
type of personal leave to be taken is at the employee’s option.
8. Obtaining from the employee per Rule
8.303.A.1. a doctor’s certification of the employee’s capacity to perform the
essential functions of the employee’s regular position, along with any
specified mental/physical restrictions (e.g., no lifting over 20 pounds, no
prolonged walking, standing, bending, stooping, no climbing of ladders, etc.),
and recommendations of the physician as to other temporary duties which may be
assigned without aggravating the existing condition
9. Acting in good faith.
10. Complying with all applicable rules and
regulations.
8.305 Employment
Status
A. A classified employee, who as a result of
an on-the-job injury becomes disabled and is unable to perform the essential
functions of his regular position within six months after the date of injury
may, if eligible, retire from the Hospital.
B. If the classified employee is ineligible
or declines to retire, the Administrator may allow the employee to exhaust
personal leave; otherwise, the employee shall be placed in lateral or lower
vacant position to which the employee qualifies, or be downgraded to a position
needed by the Hospital for which the employee qualifies, at the discretion of
the Administrator. If the employee
assumes the lateral position, the employee shall maintain his current
salary. If the employee is downgraded or
placed in a lower position, the employee shall maintain the current salary for
one year.
If there is
no vacant position to which the employee qualifies, or the Administrator
determines that a downgrade is not proper, the Administrator shall exercise
expedient and good faith efforts to place the employee in a position in which
he qualifies in another division. If placement is unsuccessful, the Administrator
shall immediately notify the employee in writing that the employee will be
terminated within 60 days from the receipt of the notice by the employee. The notice shall include the employee’s right
to appeal under Rule 8.306. If the
employee is unavailable for personal service, service may be made by certified
mail to the last known address, provided management has made reasonable good
faith efforts to personally serve the employee.
In cases of service by mail, the 60 days begin to run on the date of the
mailing.
8.306 Appeal
A classified
employee who is terminated in accordance with Rule 8305.B may appeal the
termination to the Commission within 20 days from the effective date of the
termination in accordance with Commission’s appeal procedures. The Commission may uphold the termination or
take whatever action or remedies it deems appropriate. The Commission’s
decision is final, but subject to judicial review within 30 days after the
losing party receives the Commission’s written decision.
8.400 EXCUSED ABSENCES/ADMINISTRATIVE
LEAVE
8.401 General Provision
An excused
absence is an absence from duty administratively authorized without loss of pay
and without charge to leave. Supervisors
and employees will apply the following procedures for excused absences.
8.402 Attendance at Official Meetings/Conferences
On or Off-Island
A. Employees shall initiate a written request
via his supervisor and department head for an excused absence citing the
purpose of the meeting/conference, dates involved, and costs, if any, to the Administrator.
B. The Administrator will evaluate the
relative costs, availability of funds, potential for the employee’s
development, and desirability of the Hospital’s representation when approving
the attendance at on or off-island meetings/conferences.
C. Upon approval of the request, a copy shall
be provided to both the employee and Payroll Office.
8.403 Jury Duty
A. An employee who is called for jury duty in
any court in
B. An employee called for jury duty is
required to show the Jury Duty Call Notification to his supervisor.
C. Supervisors are responsible for advising
employees that all compensation earned for such jury service, except for the
following, must be paid to the Hospital in accordance with Section 6505,
Chapter 6, Title 4 of the GCA:
1. allowances
for travel;
2. service
rendered on days the employee is not required to report to work;
3. services
rendered when employee is sequestered and unable to report to his home after
normal working hours; and/or
4. services
rendered during the employee’s normal working hours
but that the Hospital requires
the employee to make up work
before or after normal working
hours, including work on weekends and Government
of Guam holidays.
An employee may
elect to request for annual leave for the purpose of jury duty service, which
case the employee may keep the
compensation earned for such jury duty.
8.404
Witness Leave
A. Employees who are called to testify or
produce official records on behalf of the Government of Guam in any court in
B. An employee called to serve, as a witness
is required to show the notification to his supervisor. The employee must provide to his immediate
supervisor a certificate or certificates showing the time devoted to witness
service. The fees shall be the same as
the fees of witnesses before the Superior Court, except if the witness is a
government employee no witness fees shall be given.
8.405 Participation as a Competitor in a
Government of
A. Employees who are participating in a
competitive examination or interview for Government of Guam employment, shall
be excused from work with pay and without charge to leave for the time required
for the examination or interview.
Employees are required to report to their work location after completion
of the examination or interview.
B. Employees must advise their supervisor in
advance of the need for excused absence to participate in a scheduled
examination or interview. This notice
should be given as soon as the employee receives information of the scheduled
date and time of examination or interview.
8.406 Natural Disasters and Other
Emergency Conditions
A. Excused absence with pay and without
charge to leave shall be granted to employees when natural disasters or other
emergency conditions create unsafe working conditions.
B. Excused absence, for natural disaster or
other emergency conditions, may be granted only when there has been an official
proclamation of the hazardous conditions by Executive Order, or an equivalent
announcement by the Governor.
C. When the Governor declares a State of
1. Except for those Employees determined by
the Administrator to be necessary for
providing essential services, employees shall be released from duty with pay,
without charge to leave, for the period the facility is closed.
2. Employees, required to remain on duty to
provide essential services, shall be paid at double the regular rate, or
granted compensatory leave credits for the hours worked during the period the
facility is closed and the other employees are on excused leave.
D. Employees who are on annual or sick leave status when an
emergency condition is declared by Executive Order, or announcement by the
Governor and are not required to report to duty, shall be considered as
released from duty with pay without charge to leave for the period the work
facility is closed.
8.407 Participation in Examinations for Military
Service
An employee,
who is scheduled to appear for an examination for entrance into the
8.408 Military Training Leave
A.
An employee who is a member of a Reserve
Component of the Department of Defense or Transportation, including but not
limited to, the U.S. Army, U.S. Navy, U.S. Marine Corps, U.S. Air Force, Army
National Guard, Air National Guard and U.S. Coast Guard, shall be entitled to
military training leave with pay, without charge to annual leave not to exceed
15 working days per fiscal year. The
leave not used in a fiscal year will be transferred to the next fiscal year
until it totals 15 days at the beginning of the fiscal year.
B. The employee shall submit a copy of his
military orders or other documents which place the employee on military
training, to the Administrator.
C. A copy of the official orders shall be
filed in the employee’s personnel files.
D. Any absence in excess of 15 work days may,
upon request by the employee and approval of the Administrator, be covered by
accrued annual leave credits or accrued compensatory leave credits. If not requested by the employee or approved
by the Administrator as annual or
compensatory time off leave, such absences in excess of 15 work days shall be
considered as leave without pay.
8.409 Disabled Veteran’s Re-examination or
Treatment
An employee,
who has been rated by the Veteran’s Administration to have incurred a
service-connected disability and has been scheduled by the Veterans Administration
to be re-examined or treated for such disability shall, upon presentation of
written confirmation of having been so scheduled, be excused from duty without
charge to leave for such re-examination or treatment. Excused absences shall not exceed five
workdays in a calendar year. Thereafter,
the employee may utilize other forms of leave as provided in these rules.
8.410 Volunteer Services During
Disasters/Emergencies
A hospital
employee who performs volunteer services, privately or as a member of an
organization, in times of civil unrest, disasters, search and rescue
operations, and other civil emergencies shall be excused from duty with pay,
without charge to accrued leave not to exceed two work days.
8.411 Participation in Officially Sanctioned
Events
An employee,
who is a participating member of an official
8.412 Absence Pending Formal Investigation
An
employee, who is under formal investigation by the Hospital for misconduct, or
violation of a rule or statute, may be placed on excused absence from duty
without charge to leave, not to exceed 20 work days when the employee’s absence
from the work location is essential to the investigation.
8.413 Bereavement Leave
A. An employee, upon request, shall be
granted two days of excused absence with pay, and without charge to leave upon
the death of any member of the employee’s immediate family. Bereavement leave
shall be taken no later than three (3) days after the date of the funeral
except for compelling circumstances.
B. Each employee requesting bereavement leave
due to a death in the immediate family, shall submit a request to the Administrator
stating the name of the deceased and the relationship to the deceased.
8.414 Paternity
Leave
A. Paternity leave shall be granted to a male
employee occupying a permanent position upon the birth of a child/children by
his wife, including common-law, or adoption of his child/children five (5)
years old or younger. Employee must
submit to his supervisor a copy of the birth certificate that list the employee
as the parent of the child before leave approval will be granted by the
Administrator.
B. Paternity leave shall not exceed twenty
(20) days of paid leave and must encompass the date of childbirth or adoption
of child/children.
C. Additional leave taken for such purpose
may be charged against accumulated sick leave, or may be unpaid leave at the
option of the employee. Total leave,
whether paternity, sick or unpaid leave, shall not exceed six (6) months
without approval of employee’s supervisor.
8.415 Maternity
Leave
A. General Provisions of Leave Related to
Pregnancy
1. A pregnant employee is responsible for
notifying her supervisor, at least two (2) months in advance, of her intention
to request leave for maternity purposes including the type of leave,
approximate dates and anticipated date of return to duty, to allow the Hospital
time to prepare for any staffing
adjustments which may be necessary.
2. The supervisor is responsible for
providing gainful employment and making use of her skills for as long as the
employee is not incapacitated for duty.
3. Sick leave, annual leave or leave without
pay shall be made available during pregnancy to cover for physical examinations,
pregnancy complications and/or periods
of incapacitation based on certification by the employee’s physician.
4. An employee may request for annual or
sick leave, or leave without pay (in addition to the authorized maternity
leave) to provide for a reasonable
period of adjustment, or to make arrangements for the care of the child. Additional
leave requirements for maternity purposes must be supported by physician
certification or furnish other administratively acceptable evidence of fitness
for duty and approved by the Administrator.
5. An employee who wishes to return to work
following delivery or confinement shall be assured continued employment in her
position or a position of like seniority, status and pay upon presentation of
her personal physician’s certification of fitness for duty or furnish other
administratively acceptable evidence of fitness for duty.
6. The marital status of the pregnant
employee shall not adversely affect her right to continued employment or use of
leave.
B. Granting of Maternity Leave
1.
Maternity leave shall be granted to a female
employee occupying a permanent position who is absent from work as a result of
childbirth or adoption of a
child/children five (5) years old or younger.
Such maternity shall not exceed 20 work days encompassing the date of
childbirth or adoption. Any additional leave taken for such childbirth or
adoption purposes, may be charged against accumulated sick leave, or may be
unpaid leave, at the option of the employee.
2.
Total leave, whether maternity, sick or unpaid
leave, shall not exceed six (6) months without approval of the employee’s
supervisor.
3.
Upon completion of twenty (20) workdays,
employees may be subject to recall from leave upon business necessity and operational
requirements. Once the scope of work
arising out of business necessity and operational
requirement has been completed can resume such leave.
8.416 Participation in a Medical Examination
Requested by the Hospital
An employee
who is required to undergo a medical examination, such as, to determine fitness
for the job, shall be excused from work with pay and without charge to leave
for the time required for the examination.
Such examination includes pre-employment, periodic medical and special
medical examinations.
8.417 Educational Leave With Pay
The
Administrator may establish a program approved by the Board where the employees
are allowed to take educational leave with or without pay and must have the
program approved by the Board.
8.418 Parental
Involvement Initiative Leave
A.
An employee, who is a parent and who is not
otherwise prohibited from such contact with his child by order of a court, may
use up to four hours every two pay periods to meet with a teacher or other
school official concerning the employee’s child’s performance or to volunteer
parental-involvement time at his child’s school.
B.
The four hours every two pay periods may be
utilized at the arrangement of the employee with the employee’s supervisor, and
may be split into smaller separate segments over the two pay periods. Such
leave hours is not be accumulative.
C.
An employee requesting such leave shall submit
a request to his supervisor in advance and is required to obtain from his
child’s teacher or school official signed certification that the employee has
visited the school for a conference, a function, or as a volunteer to assist in
the child’s school activities.
8.419 Disaster Service Volunteer Leave
A. Purpose: It is the
purpose of the Government of Guam to allow for its employees to request for
disaster leave during periods of disasters and humanitarian need assisting the
American Red Cross without loss of seniority, vacation time, sick leave or
earned overtime accumulation.
B. Definitions:
1.
“Disaster” means a local disaster designated
at Level I or higher in the American Red Cross regulations and procedures or a
national disaster at Level III or higher in the American National Red Cross regulations.
2.
“Certified disaster service volunteer” or
“volunteer” means any person who has completed the necessary training for and
has been certified as a disaster service specialist by the American Red Cross.
C. Disaster Service Volunteer Leave
1.
An employee who is a certified disaster
service volunteer may be Granted leave from work with pay in accordance with
Item 2 for up to an aggregate of 15 days, consecutively, or in any 12 month
period to participate in specialized disaster relief service for the American
Red Cross in connection with any disaster, upon the request of American Red
Cross for such employee’s services and upon approval of the Hospital.
2.
An employee granted leave pursuant to Item 1
shall be compensated by the Hospital at his regular rate of pay for those
regular work hours during which the employee is absent from work, but shall not
receive overtime pay, shift differential pay, hazardous pay or any other form
of pay or compensation in addition to the employee’s regular pay.
3.
An employee who is granted leave pursuant to
Item 1 of this section shall not lose any seniority or any already accumulated
vacation time, sick time or earned overtime due to such leave.
4.
The Hospital shall not be liable for worker’s
compensation claims arising from accident or injury while an employee is on
assignment as a certified disaster service volunteer for the American Red
Cross.
5.
Duties performed while on disaster leave shall
not be considered as a work assignment by the Authority.
6.
In determining whether to grant leave to an
employee, the Hospital may consider the needs of the American Red Cross for
expertise in a particular certified area.
7.
The employee’s activities and job functions
while on leave, however, shall not be directed by the Hospital but shall be
determined and controlled solely by the American Red Cross.
8.
An employee who is on leave pursuant to this
section shall not be deemed to be an employee of the Hospital for the purposes
of the Government Claims Act, Chapter 6, Title 5 of GCA.
D. Certification as a Certified Disaster Service Volunteer: No employee shall be paid during regular work
hours in the completion of any training towards a certification as a disaster
service volunteer unless such employee uses personal or annual leave.
8.500 HOLIDAYS
8.501 General Provisions
A. Employees may absent themselves from duty
on the holidays established by these rules, provided, however, that work
assignments may be required to be carried out if previous notification is given
by the Administrator.
B. When an employee is absent from duty at
the close of the working day immediately preceding a holiday, and at the
beginning of the working day immediately following a holiday, and such absences
are determined to have been on a leave without pay status, the employee shall
not be considered eligible for compensation for the holiday under these rules
but shall be considered as on leave without pay status.
8.502 Legal Holidays
1. New Year's
Day...............................…………………....January 1
2. Memorial Day……………..……………………..Last Monday
in May
3. Independence Day………..……………………………………….July
4
4. Liberation Day…………..………………………………………..July
21
5. Labor Day……………………..…………...1st Monday in
September
6. All Soul’s Day.…………………..…………………………..November
2
7. Veteran’s Day…………………..…………………………..November
11
8. Thanksgiving Day………………..……...4th Thursday
in November
9. Lady of Camarin Day...........…..……………………...…December
8
10. Christmas Day……………………..……………………….December
25
Island – wide Election Day,
except for Youth Congress, and other days as may be designated by proclamation
of the Governor of Guam shall be paid holidays.
8.600 LEAVE WITHOUT PAY
8.601 Leave of Absence Without Pay
A. Employees may request leave without pay
for good cause when their current authorized annual or sick leave with pay will
not cover the total period of requested leave.
Leave without pay is a temporary non pay status and absence from duty
administratively granted at employee’s request. Permanent employees may be granted leave
without pay for a period of one (1) year, except for leaves for active military
service (14.24). Leave without pay of
less than thirty (30) days shall be approved by the supervisor and/or
department head; leave without pay for thirty (30) days or more shall be approved
by the Administrator. Leave without pay
may be granted for a period not to exceed one year. For extenuating circumstances, the
Administrator may extend the leave without pay for an additional year. No extension may be granted thereafter.
B. When
an employee is on leave without pay status, accrual of sick, annual, or retirement credit is not allowed.
8.602 Request by the Employee
Leave without
pay is temporary non‑pay status and absence granted in response to an
employee's request. Leave without pay
covers only those hours, which an employee would otherwise work or, for which
he would be paid. Employee desiring to
take leave without pay must submit a leave request application form.
8.603 Authorization
A. Authorizing leave without pay is a matter
of administrative discretion. An
employee cannot demand that he be granted leave without pay as a matter of
right, except in the case of:
1. disabled veterans who are entitled to
leave without pay, if necessary, for medical treatment; and
2. members of the Reserve Components of the
U.S. Armed Forces who are entitled to leave without pay, if necessary, to
perform military training duties.
B. An employee who does not have adequate
annual or sick leave credits may submit a written request for leave without pay
to his supervisor. The employee's
request should indicate the reasons and the need for leave without pay and the
date employee intends to return to duty from leave.
8.604 Conditions for Approval of Leave Without Pay
A. Each request, for extended leave without
pay, should be evaluated carefully to assure that the value to the Hospital or
the serious needs of the employee, is sufficient to offset the costs and
administrative inconveniences to the Hospital which results from the retention
of an employee in a leave without pay status.
Among these costs are:
1. encumbrance of a position;
2. loss of services which may be needed in
the organization; and
3. obligation to provide active employment
at the end of the approved leave period.
B. As a basic condition for approval of
extended leave without pay, there should be reasonable expectation that the
employee will return to work at the end of the approved period. In addition, it should be apparent that at least
one of the following benefits would result:
1. increased job ability.
2. protection or improvement of employee's
health.
3. retention of a desirable employee.
4. furtherance of a program of interest to the
Hospital.
C. Each request, for extended leave without pay must be in writing.
The employees request should indicate
the reasons and the need for an extended leave without pay and the date the
employee intends to return for duty from leave.
D. Failure of an employee to report to work promptly at the
expiration of a leave without pay may be subject to disciplinary actions. Approved leave without pay in accordance with
the provisions with this section shall not constitute a break in service.
8.605 Examples of Appropriate Use of Leave Without
Pay
Examples of types of cases for which approval
of extended leave without pay would be proper, all other factors being
favorable, are:
A. For educational purposes, when the course
of study or research is in line with a type of work which is being performed by
the Hospital, and completion of which would contribute to the Hospital's best
interests.
B. For the purpose of recovery from illness
or disability, not of a permanent or disqualifying nature, when continued
employment or immediate return to employment would impact on the employee's health,
or the health of other employees.
C. For the purpose of caring for a child upon
birth or adoption.
D. For the purpose of providing care to a
spouse or child who is ill or disabled, or to provide care to elderly parents
or parents‑in‑law.
E. For the purpose of conducting
union-related business and to address issues important to the employees’
collective bargaining units. Such leave
without pay is authorized for those employees who are a president or head of a
union representing a recognized collective bargaining unit of the Government.
8.606 Military Leave Without Pay - Special
Provision
A. Any classified employee of the Hospital,
except an employee who is employed in a temporary position who is drafted, who
volunteers for active military service, or who is ordered to active duty (not
active duty military training as outlined in Rule 8.413) consistent with
Section 6218(d) of Title 4 of the Guam Code Annotated GCA shall be granted limited leave without
pay, beginning the date of induction and, not to exceed a period of four (4)
years of military service. Active
military service includes active duty with the U.S. Army, U.S. Air Force, U.S.
Navy, U.S. Marine Corps, U.S. Coast Guard, National Guard of Guam or other
services as provided by
B. During such leave of absence, the employee
shall be entitled to retain the same rights and privileges as an employee
granted leave without pay in accordance with these rules. The Hospital shall pay the employer’s and
employee’s Government of Guam retirement contributions, group health and life
insurance premiums during the employee’s leave without pay status while on active
military duty.
C. All unused leave benefits shall be
retained by the employee, who shall have the same credited to the employee’s
record upon return to his assigned position consistent with Section 6218(d) of
Title 4 of the Guam Code Annotated GCA.
D.
Upon termination under honorable conditions of
such active duty, the employee shall be entitled to reinstatement in his
previous position provided the employee shall notify the Administrator for
reinstatement within 90 days after discharge.
E.
If the employee volunteers for an additional
tour of military duty, the employee shall forfeit the right to return to the
position.
8.700 UNAUTHORIZED LEAVE OF ABSENCE FROM DUTY
An employee
who is absent from duty without proper authorization shall be placed on
unauthorized leave of absence without pay.
Unauthorized absences may be grounds for disciplinary action.
8.800 FAMILY AND MEDICAL LEAVE ACT
Leave of
absence, for a maximum of 12 weeks during any 12 month period under the Family
and Medical Leave Act (FMLA) of 1993 (Public Law 103-3) (Federal Regulations –
29 C.F.R. Part 825), shall be approved for an employee for reasons stipulated in Section 8.801.
8.801 Purpose
A. The birth of a child of the employee and
the care of such a child.
B. The placement of a child with the employee
for adoption or foster care.
C. The care of a spouse, son, daughter, or
parent with a serous health condition.
D. A serious health condition of the
employee.
8.802 Eligibility
An employee
must have worked for the Government of Guam for at least 12 months and for at
least 1,250 hours during the year preceding the start of the leave. Temporary employees working part-time, after
completion of 1,250 hours, are counted as completing the workweek even if they
do not work a 40-hour workweek.
8.803 Medical Certification
A medical
certification may be required by the Administrator to show dates of anticipated
absence due to medical reasons or for childbirth.
8.804 Leave Status
A. Leave for the purpose of childbirth or
placement of a child for adoption or foster care shall not be taken
intermittently or on a reduced leave schedule.
B. Leave for caring for spouse, son, daughter
or parent or for the employee’s serious health condition may be taken
intermittently or on a reduced leave schedule.
C. When leave is taken intermittently or on a
reduced leave schedule, the employee’s absence under the Family Medical Leave Act (FMLA) shall not
exceed the equivalence of a full-time work schedule of 12 weeks (40 hours per week
x 12 weeks = 480 hours).
D. An employee may elect to substitute the
following paid leave for any, or all of the periods of leave taken under the
FMLA.
1. Accrued annual or sick leave, or
compensatory time off (CTO) requested and approved consistent with rules
governing the granted and use of annual or sick leave.
2. Advanced sick leave approved under the
same terms and conditions that apply to any other employee who requests
advanced sick leave.
3. Leave made available to an employee under
the Leave Sharing Program. However, the
Administrator may not require an employee to substitute paid time off for any,
or all of the period of leave taken.
8.805 Return to Employment
Upon
completion of an employee’s leave, an employee must be returned to the same
position and pay, benefits and working conditions at the conclusion of the
leave as applicable.
8.806 Procedures
for Applying for FMLA
The Administrator
shall establish operating procedures consistent with FMLA provisions and stipulations requirements for employees in requesting for FMLA leave.