Special Leaves

Idaho
Department of
Correction

Standard
Operating
Procedure

Human
Resource
Services
Control Number:
206.07.01.003
Version:
1.5
Page Number:
1 of 8
Adopted:
2-18-2010
Reviewed:
8-13-2010

Title:
Special Leaves

This document was approved by Terri Tomisser, director of Human Resource
Services, on 8/13/10 (signature on file).
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY STATEMENT NUMBER 206
Attendance, Work Hours, Leaves, and Workers’ Compensation
POLICY DOCUMENT NUMBER 206
Attendance, Work Hours, Leaves, and Workers’ Compensation
DEFINITIONS
Compensatory Time (Comp-time): Overtime that is unpaid and become hours that
accumulate in an earned leave balance for the employee to take time off work with pay at a
later date.
Full-time Employee: An employee who is scheduled to work a 40 hour work week in an
assigned full-time position. For law enforcement (L) coded positions (e.g., correctional and
probation and parole officers), this is an employee who is scheduled to work 160 hours in a
28 consecutive day period.
Manager: An employee appointed to manage, direct, and control a designated work unit.
Managers include division chiefs, deputy division chiefs, facility heads, deputy wardens (or
second-in-commands), district managers, designated lieutenants, program managers, or
any appointed unit manager.
Overtime: Hours worked on holidays, and hours worked in excess of 40 hours in a set work
week. For law enforcement (L) coded positions (e.g., correctional and probation and parole
officers), overtime is hours worked in excess of 160 hours in a 28 consecutive day period.
Excluded are hours such as traded time and occasional or sporadic work that is specifically
excluded under federal law.
Scheduled Absence: An absence that is known, requested, and approved in advance
within acceptable time lines by the employee’s supervisor (or designee).
Unscheduled Absence: An absence that occurs suddenly and is taken without advance
notification or approval (e.g., an unplanned illness, the failure to report to work as
scheduled, tardiness, an on-the-job accident, leaving a post early, abandoning a post or job,
being placed on leave without pay due to an investigation, etc.).
Control Number:
206.07.01.003
Version:
1.5
Title:
Special Leaves
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Work Week: A period of seven consecutive days beginning 12:01 a.m. Sunday and ending
12:00 p.m. Saturday.
PURPOSE
The purpose of this standard operating procedure (SOP) is to establish guidelines,
procedures, and expectations for managers, supervisors, and employees regarding special
leaves (administrative, bone marrow or organ donation, jury duty, leave without pay, military,
and Red Cross disaster service) for eligible employees of the Idaho Department of
Correction (IDOC).
SCOPE
This SOP applies to all IDOC employees.
RESPONSIBILITY
Director of Human Resource Services (HRS)
The director of HRS is responsible for providing guidance and interpretation to fulfill the
expectations of this SOP.
Managers
Managers (or designees) are responsible for:
• Planning work schedules
• Ensuring that supervisors (or designees) and employees perform their duties as
directed
• Ensuring that employees are adhering to the rules, guidance, and procedures
provided herein
Supervisors
Supervisors (or designees) are responsible for:
• Managing work schedules, leave accruals, and timesheet authorization
• Training employees and enforcing the rules, guidance, and procedures provided
herein
Employees
Employees are responsible for:
• Reporting to work on time as scheduled
• Being prepared to work
• Accurately reporting their work and leave time on timesheets
• Complying with the rules, guidance, and procedures provided herein
Table of Contents
General Requirements ......................................................................................................... 3
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1. Leave without Pay (LWOP) ............................................................................................ 3
LWOP and Work-related Illness or Injury .................................................................. 4
LWOP and Credited State of Idaho Service Hours.................................................... 4
LWOP and Medical Insurance Coverage .................................................................. 4
2. Military Leave for Employees Called to Federal Active Duty ........................................... 4
Amount of Leave ...................................................................................................... 4
Use of other Accrued Leave ..................................................................................... 5
Regular Employee Benefits ...................................................................................... 5
Flexible Leave .......................................................................................................... 5
3. Military Leave for Employees on State Active Duty ......................................................... 5
Paid Leave during State Active Duty Deployment Period .......................................... 5
Accrual of Credited State of Idaho Service Hours ..................................................... 5
4. Organ and Bone Marrow Donation Leave ....................................................................... 6
5. Paid Administrative Leave .............................................................................................. 6
6. Court and Jury Services ................................................................................................. 6
Connected with Official State Duty ............................................................................ 6
Private Proceedings .................................................................................................. 6
Jury Service .............................................................................................................. 7
7. Miscellaneous Leave ...................................................................................................... 7
8. Leave for Job Interviews ................................................................................................. 7
9. Election Leave ................................................................................................................ 7
10. Religious Leave .............................................................................................................. 7
11. Red Cross Disaster Services Leave ............................................................................... 7
References ........................................................................................................................... 7
GENERAL REQUIREMENTS
1. Leave without Pay (LWOP)
LWOP may be for one day or a fraction thereof, or an extended absence during which an
employee is not paid. This SOP includes restrictions when considering LWOP, such as:
• All LWOP will be approved by the employee’s immediate manager (or designee) as
defined in this SOP.
• Unless prohibited by workers’ compensation laws, Family and Medical leave Act
(FMLA) leave, disability, or IDOC and/or statewide leave policies, the employee’s
immediate manager (or designee) has the discretion to require the employee to
exhaust all applicable accrued leaves prior to taking LWOP.
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LWOP and Work-related Illness or Injury
When an employee is absent from work due to a work-related illness or injury (see SOP
206.07.01.005, Workers’ Compensation), he may not be required to take LWOP. The
decision to take LWOP or use paid leaves (see SOP 206.07.01.002, Paid Leaves) in this
situation is the employee’s.
LWOP and Credited State of Idaho Service Hours
Employees on LWOP do not earn credited State of Idaho service hours.
LWOP and Medical Insurance Coverage
Employee medical benefits are managed by the Office of Group Insurance and can be
obtained by visiting the State of Idaho’s Department of Administration website or by
contacting HRS for assistance.
2. Military Leave for Employees Called to Federal Active Duty
An employee who is a member of the U.S. Armed Forces or the National Guard and who
receives military orders requiring him to be absent from work to support federal authority, will
be authorized paid military leave when he submits a copy of his military orders, which sets
forth the dates of required military service. Each period of absence must be supported by
military orders or copies of other documentation on file in the employee's military unit
headquarters.
Any probationary, provisional, or permanent employee who voluntarily, or upon demand,
leaves a position to enter prolonged federal active duty will be returned to his same or a
similar position upon his return from federal active duty as stipulated in the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 USC 4312),
provided the employee complies with related USERRA requirements. A copy of the military
orders is required to take paid military leave, and a copy of the discharge papers (e.g., DD
214, Certificate of Release or Discharge from Active Duty) is required upon returning from
federal active duty.
Note: When taken, paid military leave will be coded in the State of Idaho’s online time entry
system (I-time) as military leave taken (MLT).
Amount of Leave
Employees who receive military orders requiring them to be absent from work to support
federal authority as described above, will be entitled to 120 hours of paid military leave each
calendar year, regardless of whether they work full-time or part-time.
Entitlements for Part-time Employees
• Those normally scheduled to work three days per week for eight hours each day
are entitled to eight hours of military leave for three days per week for a
maximum of 120 hours of paid military leave.
• Those normally scheduled to work three days per week for 12 hours each day
are entitled to 12 hours of military leave for three days per week, for a maximum
of 120 hours of paid military leave.
• Those normally scheduled to work five days per week for four hours each day
are entitled to four hours of military leave per day for five days per week for a
maximum of 120 hours of paid military leave.
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Use of other Accrued Leave
While on federal active duty, an employee will be placed in a State of Idaho employment
status of ‘inactive with pay’. Therefore, an employee may elect to take accrued vacation
and/or accrued compensatory time (comp-time) during the federal active duty period.
The employee must provide a written request to his supervisor (or designee) prior to the
use of such time.
Note: When taken, vacation will be coded in I-time as vacation leave taken (VAC) and
comp-time will be coded as comp-time taken (CPT).
Regular Employee Benefits
When called to federal active duty, an employee will receive regular employee benefits
for 30 calendar days after his departure. During those 30 calendar days, the IDOC will
pay for the State of Idaho’s portion of the employee’s health insurance premiums, and
the employee will be responsible to pay for his portion.
Upon the employee’s return from federal active duty and to IDOC employment, he will
receive credited State of Idaho service hours for regularly scheduled hours that he would
have earned had he not been called to federal active duty.
Flexible Leave
Employees in reserve programs often have an option on dates for annual training
exercises. An employee’s immediate manager (or designee) may request that the
employee selects dates for annual training that will least interfere with the IDOC’s
objectives. If the employee has a choice, it will be the employee's responsibility to
discuss it with his supervisor (or designee) and military unit and to accept the dates that
are most appropriate for scheduling needs.
3. Military Leave for Employees on State Active Duty
Any probationary, provisional, or permanent employee who voluntarily, or upon demand,
leaves a position to enter state active duty with his State of Idaho military division will be
granted military LWOP. A copy of the employee’s military orders will be required to take
military LWOP. Upon the employee’s return from state active duty and to IDOC
employment, he will be returned to his same or similar position. A copy of the employee’s
discharge papers (e.g., NGB 22, Report of Separation and Record of Service) will be
required upon returning from state active duty.
Paid Leave during State Active Duty Deployment Period
Employees who are called to state active duty will remain in a State of Idaho
employment status of ‘active’. No earnings will be reported for the employee during the
deployment period. Only time worked with the State of Idaho military division will be
coded in I-time via the military division. Because the employee continues to be an active
IDOC employee during the state active duty period, the employee is not eligible to use
any paid leave from the IDOC during the state active duty deployment period.
Accrual of Credited State of Idaho Service Hours
Employees on state active duty will accrue credited State of Idaho service hours for time
worked with the State of Idaho military division.
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4. Organ and Bone Marrow Donation Leave
An employee will be provided a maximum of 30 working days of paid leave if he donates a
body organ, and a maximum of five working days of paid leave if he donates bone marrow.
Note: When taken, time off to donate an organ or bone marrow will be coded in I-time as an
organ donation (DNO).
In order to take time off to donate an organ or bone marrow, employees must provide a
physician’s note indicating the type of donation and the employee’s expected length of
absence or date of return to work. (See Idaho Code, Section 67-5343.)
Supervisors (or designees) are responsible for monitoring the total number of DNO days
taken by an employee and ensuring that only one incident is allowed.
5. Paid Administrative Leave
The director of the IDOC, in consultation with the director of HRS and the applicable division
chief, may grant paid administrative leave under the following conditions:
• When the employee is being investigated
• When the employee is in the due process procedure of a disciplinary action
• When the governor, manager, or designees declare an IDOC facility closed or
inaccessible because of severe weather, civil disturbances, loss of utilities, or other
disruptions
• When a manager (or designee) deems it necessary due to an unusual situation,
emergency, or critical incident that could jeopardize IDOC operations, the safety of
others, or could create a liability situation for the IDOC
• When approved in advance by the governor (or designee)
Note: Paid administrative leave must be coded in I-time as administrative leave taken
(ADT).
6. Court and Jury Services
Employees are permitted and encouraged to participate in the court process.
Connected with Official State Duty
When an employee is subpoenaed or required to appear as a witness in any judicial or
administrative proceeding that is connected with his official State of Idaho duties, the
employee will not be considered absent from work. The employee will not be entitled to
receive compensation from the court. Expenses (mileage, lodging, meals, and
miscellaneous expenses) incurred by the employee will be reimbursed by the IDOC in
accordance with State of Idaho travel policies.
Note: State of Idaho travel policies are governed by the State of Idaho’s Board of
Examiners and can be obtained by visiting the State of Idaho’s Office of the State
Controller website.
Private Proceedings
When an employee is required to appear as a witness or a party in any proceeding that
is not connected with his official State of Idaho duties, the employee will be permitted to
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attend. However, the employee must exhaust his applicable accrued leaves (e.g.,
vacation and/or accrued comp-time) prior to taking LWOP.
Jury Service
When an employee is summoned by proper judicial authority to serve on a jury, he will
be granted paid jury duty leave for time which otherwise the employee would have
worked. The employee will be entitled to keep fees and mileage reimbursement paid by
the court in addition to salary. Expenses in connection with jury service are not subject to
reimbursement by the State of Idaho.
Note: Paid jury duty leave must be coded in I-time as jury duty (JUR).
7. Miscellaneous Leave
An employee attending approved non-job-related training, performing civic duties, or other
similar activities, can use applicable accrued leaves (e.g., vacation and/or accrued comp-
time) to cover the time absent from work.
8. Leave for Job Interviews
Time spent interviewing for positions both within and outside of the IDOC will be managed in
accordance with policy 207, Examinations, Interviews, and Training During Work Hours.
9. Election Leave
The employee’s immediate manager (or designee) will make reasonable leave
accommodations to allow the employee to vote. When taken, the time off will be charged to
the employee’s applicable accrued leaves (e.g., vacation and/or accrued comp-time).
10. Religious Leave
The employee’s immediate manager (or designee) shall make reasonable accommodations
to an employee’s need for leave for religious observances. When taken, the time off will be
charged to the employee’s applicable accrued leaves (e.g., vacation and/or accrued comp-
time).
11. Red Cross Disaster Services Leave
An employee who has been certified by the American Red Cross as a disaster service
volunteer will be provided a maximum of 120 hours of paid leave in any 12-month period to
participate in relief services. (See Idaho Code, Section 67-5338.)
Note: Such relief services must be performed in Idaho or a state bordering Idaho.
REFERENCES
Department Policy 207, Examinations, Interviews, and Training During Work Hours
Idaho Code 67-5338, Red Cross Disaster Service
Idaho Code 67-5343, Leave of Absence for Organ Donation
IDAPA 15.04.01, Rules of the Division of Human Resources and Personnel Commission,
Section 250, Special Leaves
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Standard Operating Procedure 206.07.01.002, Paid Leaves
Standard Operating Procedure 206.07.01.005, Workers’ Compensation
State of Idaho, Department of Administration (www.adm.idaho.gov)
State of Idaho, Office of the State Controller (www.sco.idaho.gov)
United States Code, Title 38, Part III, Chapter 43, Subchapter II, Section 4312,
Reemployment Rights of Persons who serve in the Uniformed Services
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