` 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.