I. PURPOSE

The purpose of this policy is to outline provisions for the granting of leaves of absences without pay in accordance with State statutes, personnel rules and regulations of the County of Hawaii and respective collective bargaining agreements.

II. POLICY

The department realizes that granting leaves of absences without pay may become necessary in certain circumstances and that it can be administered to the benefit of the employee, department or both. The department will take into consideration and grant all requests for leaves of absences without pay based on the individual attendant circumstances and when the application for such leave falls into the scope of these guidelines.

III. GENERAL PROVISIONS

A. Leave of absence without pay may be granted by the Chief of Police upon written application by a member for any of the following reasons:

1. To pursue a course of instruction, to engage in research or otherwise to improve member's ability and fitness for public employment.

2. To regain health following an accident or illness upon recommendation of a physician; provided that all sick leave and vacation has been used.

3. For personal emergencies provided the member first uses all available vacation leave to cover the period of absence.

4. Upon request of any member of the State legislature, to render service at the State legislature.

5. Upon request of certain government agencies, to participate in a government employment loan program for a term not to exceed two years.

6. To perform active service and duty with the armed forces of the United States.

7. To provide an extension to funeral leave as provided under G.O. 503.

8. In instances of family medical emergencies, the birth or adoption of children or the need to care for family members with serious health conditions as provided for under G.O. 504.

9. To seek political office except as provided by law.

10. To extend an annual vacation leave for travel, rest, or for recreation purposes.

11. To delay a planned layoff when the position in which the employee occupies has been abolished.

12. When the employee is on industrial leave provided the employee is receiving worker's compensation wage loss replacement benefits.

B. Leave of absence without pay shall not be granted to any member who will use the time to pursue or further an outside occupation.

C. A request for leave of absence without pay must be submitted in advance of such leave period and shall be made on the "Application for Leave of Absence" form and forwarded to the Chief's office for approval. A memorandum to the Chief of Police should also be submitted which states the reason a member desires to take a leave of absence without pay and how the reason for the leave is related to one of the allowable circumstances outlined in section III-A of this General Order.

D. Leaves of absences without pay shall be granted for periods which shall not exceed twelve (12) months, except as provided below:

1. An employee on leave of absence to pursue a course of instruction, to engage in research or to otherwise improve his fitness for public employment, may be granted by the Chief of Police, for good cause shown, an additional period of leave not to exceed twelve (12) months, providing the conditions of the original leave shall be complied with.

2. A leave of absence granted an employee to enter the U.S. military services shall be for the minimum period of military service as provided by law. Period of voluntary extensions or voluntary reenlistments in the military service are excluded from the leave period granted.

3. A leave of absence granted an employee due to industrial injury may be extended by the Chief of Police for additional periods of leave without pay not to exceed twelve months per additional leave period, provided the employee is receiving worker's compensation wage loss replacement benefits or provided the employee's application for retirement is pending determination by the State's retirement system.

4. A leave of absence granted an employee on a employment loan program shall be for a period not to exceed two (2) years.

E. Employees on approved leaves of absences without pay shall be eligible during the period of such leave for promotional examinations and status on promotional eligible lists under the same conditions as though on active status.

F. Unless otherwise provided by law, any employee granted leave of absence without pay shall retain membership and all the benefits and rights of permanent employment and in the Employees' Retirement System of the State, and shall be reinstated to the position vacated upon returning from leave.

G. Any employee who accepts employment, either in another position under civil service or in conflict with the purpose of the leave during the leave of absence, shall be deemed to have resigned from the department, effective the date of appointment to the other position. H. Failure to report promptly or as required when leave of absence without pay expires shall be grounds for dismissal.

VICTOR V. VIERRA
CHIEF OF POLICE

(Amended: 11-18-92)