- Purpose: This order sets forth the policy, practices, and guidelines that apply to the use of leave and time off for City and County of Denver employees who work for the Denver Sheriff Department (DSD).
- Policy: It is the policy of the DSD to provide leave to employees in accordance with Colorado Revised Statutes, Career Service Rules, federal, state and local laws, and the current (CBA) Collective Bargaining Agreement between the City and County of Denver and the bargaining agent for DSD deputies.
- The DSD recognizes a certain amount of absenteeism or leave is unavoidable; however, frequent absences and leave time disrupt operations, facility security and place an additional burden on fellow employees. For this reason, any instance of suspected leave abuse will be thoroughly investigated. Further, it is the policy of the DSD that fraudulent use or abuse of leave is cause for disciplinary action, up to and including dismissal.
- Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.2007.
- Explanation: The staffing plan for the department is established by taking into account pre-authorized absences of various types as well as historical data regarding absences in order to predict staffing needs, considering both mandatory and non-mandatory posts. These posts must be adequately staffed in order to ensure the safety, security, and orderly operations of all DSD facilities.
- With regard to unauthorized leave, when a violation of unauthorized leave occurs, and the assignment is a mandatory post, fellow employees are required to fill the post, which may result in compensation at an overtime rate. This can result in a serious short term and long term negative effect on budgeting, staff effectiveness, and facility operations. When the assignment is not a mandatory post, a loss of productivity occurs which may have significant impacts on the operations of the department.
- Definitions:
- "Administrative Leave" refers to time off that is granted by the Sheriff or designee. Written documentation, signed by the Sheriff or designee, must be submitted to the Scheduling Unit as proof of authorized administrative leave.
- "Authorized Leave" refers to time scheduled away from work that is pre-authorized and granted.
- "Bereavement (CSA) or Funeral (CBA) Leave" is time off granted to an eligible employee who has had a death in the family. CSA (civilian) employees hired before January 1, 2010 and who receive sick leave shall be entitled to use up to forty-eight (48) hours of sick leave because of the death of a member of an employee’s immediate family. CSA (civilian) employees hired on or after January 1, 2010 who receive PTO benefits shall be entitled to use up to forty (40) hours of paid bereavement leave because of the death of a member of the employee’s immediate family. These forty (40) hours of bereavement leave shall not count against the employee’s PTO bank. DSD sworn staff are granted up to three (3) days of funeral leave for the death of an immediate family member.
- "Immediate family" refers to a husband, wife, son, daughter, mother, father, grandmother, grandfather, grandchildren, brother, sister, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, domestic partner, and the mother, father, son, daughter, brother, or sister of the domestic partner, as well as minor children for whom the employee or the employee's domestic partner provide day-to-day care and financial support. (This definition is not applicable for leave under the Family Medical Leave Act.)
- "Leave" refers to an absence away from work during regularly scheduled work hours. An employee on approved Family Medical Leave (FMLA) or Interactive Process Leave (ADA/IAP) can use their choice of accrued leave or leave without pay. The approval comes through the Safety HR leave team. You will work with the team to provide the required documentation from your health care provider. Various types of leave are officially established and shall be in effect unless otherwise provided by city ordinance. Refer to CS Rules 10, 11, and 12 and the Collective Bargaining Agreement, and Department Order 1.00.2009 – Family Medical Leave Act (FMLA), for additional information.
- "Court" includes time for appearances in court related to the performance or fulfillment of official duties as a sworn officer or another employee of the DSD.
- "Election" refers to time taken to vote in an official local or national election.
- "Compensatory" refers to time that is accrued by working on or in conjunction with a designated city holiday.
- "Holiday Observed" refers to time off associated with a ‘holiday’ that has been designated by the City and County of Denver and the Collective Bargaining Agreement.
- "PTO" (Paid Time Off) refers to time that is earned by civilian employees hired on or after January 1, 2010 which is used for absences during the employees regular scheduled work hours.
- "Vacation" refers to time that is earned based on an employee’s full/part-time status and years of service.
- "Sick" refers to time that is earned based on an employee’s full/part-time status. Sick leave may be used for the death of a member of the employee's immediate family, for qualifying conditions under the Family Medical Leave Act, for any reason found in the "Colorado Healthy Families and Workplace Act" and/or preventative care, being a victim of abuse or harassment, wen an employee or family member is incapacitated by sickness or injury.
- "Disability" refers to time that is granted due to an on the job disability or injury that has been classified as a permanent or temporary disability/injury. Additional references may include Department Order 1.00.2009 - Family Leave Medical Act (FMLA) and Department Order 1.00.2015 – Modified and Temporary Limited Duty, and any other applicable federal, state and local rules and regulations.
- "Family Medical Leave" refers to time off that qualifies under the Family Leave Medical Act (FMLA). Refer to Department Order 1.00.2009 - Family Leave Medical Act (FMLA).
- "Jury" refers to time off that is granted to an employee who has been summoned to jury duty. Written proof/documentation must accompany the time off slip/form.
- "Military" refers to time off that is granted to an employee who has been called up for active duty or is required to attend reserve training.
- "Investigative Leave" refers to time associated with a deputy sheriff or civilian employee who is placed on leave by the agency when involved with a pending investigation. Refer to Department Order 1.00.5001 – Complaint and Discipline Procedures. See also Career Service Rule 10.
- "Leave Without Pay" / "Leave of Absence" refers to time that has been classified as leave from work that is unpaid. However, employees may elect to use some portion of paid leave to cover the employee portion of insurance benefits while on leave. Time off granted by the Sheriff or designee.
- "Right of Nursing Mothers" is consistent with C.R.S. §8-13.5-104 (1), (2), (3) and (5), this is time (paid, unpaid, meal time, or a combination thereof) allotted for nursing mothers to express breast milk for infants up to two years of age in the workplace in a private location and without discrimination.
- "Unauthorized Leave" refers to time away from work that is neither granted nor approved, or time away from work in excess of leave accrued in the employee’s applicable leave bank. Unauthorized leave is unpaid time and use of unauthorized leave may subject the employee to discipline up to and including dismissal. A deputy being taken off the roster does not make the leave authorized.
- Delegation of Authority:
- Interim Appointments and Assignments:
- The Sheriff shall be responsible for appointing an acting Sheriff in writing prior to any planned leave. The correspondence shall be sent to all DSD personnel, notifying them of the duration and appointment. <CALEA: 12.1.2(a)>
- In situations where the Sheriff is incapacitated and unable to make an appointment due to unforeseen circumstances, the chief of operations will assume the duties of the Sheriff until a decision is made by the Executive Director of Safety (EDOS) or designee or Mayor, or the Sheriff is able to resume their duties. <CALEA: 12.1.2(b)>
- In instances where personnel assigned to different divisions are temporarily assigned to perform tasks outside their normal functions to accomplish a single operation, the Sheriff or their designee shall be responsible for ensuring all staff is made aware of and follows the chain of command for the operations. <CALEA: 12.1.2(c)>
- Implementation:
- General:
- The following practices and guidelines apply to the use of leave time and leave time occurrences. The division chiefs will establish procedures for their areas of operation to implement and assure compliance with this order.
- Scheduled Shift:
- A scheduled shift includes all time indicated on the employee’s work schedule as well as any additional hours of work, including overtime. By working hours outside of the employee’s scheduled shift, an employee is responsible for being present to work said hours. When ordered to perform or when volunteering for overtime for hours outside of their scheduled shift, the employee is responsible for being present.
- Leave Authorization:
- All leave, with the exception of unplanned sick leave, must be authorized in advance. Unplanned absences such as unauthorized leave have a negative effect on the operations and staff of the Denver Sheriff Department (DSD).
- An individual wishing to perform the community service during scheduled hours will contact their immediate supervisor to determine if leave is available and what type of leave may be utilized if the community service is to be performed during their scheduled shift.
- If the immediate supervisor does not have the duty rosters, the requesting party must contact the Scheduling Unit to determine if leave is available and what type of leave may be utilized.
- Request for Documentation:
- The Sheriff or designee may require a statement signed by the attending physician, or other proof of illness for any absence/leave during which an employee requests or uses sick leave excluding exceptions granted under the Family Medical Leave Act (FMLA) or under the Americans with Disability Act (ADA) regardless of the duration of the leave, provided the employee has knowledge of the need to have a letter from a physician in advance of the absence. An employee who fails to provide the requested documentation may be subject to disciplinary action.
- Employees are responsible for checking their Telestaff calendar each week and verifying accuracy of all work/leave code entries and will notify the Scheduling Unit within two (2) weeks from the date of entry regarding any possible discrepancies/inaccuracies. Upon request by a supervisor, employees will submit documentation that relates to the adjustment of their schedule.
- Violations:
- Violations of unauthorized leave will result in an investigation and, if sustained, may result in corrective action up to and including dismissal. Examples of unauthorized leave may include but not limited to:
- Violations of Department Rule and Regulations 100.1.1, 100.2 and 100.10.1.
- Employees who are unable to report to work for a scheduled shift must contact their immediate supervisor or designee in the manner prescribed by Denver Sheriff Department Rules and Regulations #100.2.
- Contacting a supervisor or designee to report the inability to work a scheduled shift does not ‘excuse’ the employee’s absence or leave from work.
- Leaving work prior to the end of the employee’s scheduled shift without notice to and approval by the employee’s supervisor shall also be considered as unauthorized absence or leave.
- Leave from a scheduled shift, which results in an ‘unauthorized absence/leave’ or results in unpaid leave, will be counted as UAL excluding occurrences under FMLA, ADA or if approved by the Sheriff.
- Approval for the use of vacation leave or compensatory time in-lieu-of sick leave will be at the discretion of the employee’s chief or the Sheriff, except for authorized FMLA/ADA.
- Unauthorized Leave:
- Violations will be handled by the use of scheduled discipline for all uniformed employees. Refer to Appendix H of the Discipline Handbook.
- The recommended discipline for unauthorized leave will be based on the number of hours used and prior violations within a twelve (12) month period.
- When an alleged violation of unauthorized leave occurs, the Scheduling Unit will collect the following information:
- Employee name
- Date and time of potential unauthorized leave used
- Number of recorded unauthorized leave hours used
- The UAL administration team shall assign a case number.
- The UAL administration team shall send a questionnaire packet to all sworn staff that have been possibly identified as having accrued three (3) or more UAL hours in the previous quarter. The questionnaire packet shall be sent by the UAL administration team via mail and city email.
- Employees who choose to waive their rights to file a grievance, file an appeal, or to a contemplation of discipline meeting must complete the unauthorized leave pay reduction waiver form /unauthorized leave suspension form. The waiver form shall be provided by the UAL administration team. The form must be signed by the employee, the reviewer and the administrative major.
- If the employee does not waive his/her right to a contemplation of discipline meeting and the right to appeal, or if the waiver is not approved by the administrative major, a contemplation of discipline meeting will be scheduled for cases where the recommended discipline is greater than a written reprimand.
- If the result of the discipline recommendation is a temporary reduction in pay (TRIP), the employee will be given the opportunity to waive his/her right to a contemplation of discipline meeting and the right to appeal the discipline pursuant to CSA Rule 20 for sworn employees. In the event that a deputy does not meet the criteria of a reduction in pay due to the Collective Bargaining Agreement, the deputy will receive a suspension of up to ten days without pay.
- If the employee waives his/her right to a contemplation of discipline meeting and the right to appeal, the UAL administration team will submit the findings and recommended discipline to the Sheriff for approval based on Schedule H.
- In certain cases (for example, when the amount of unauthorized leave incurred is significant or where multiple prior violations have been sustained), the discipline schedule will instruct the reviewer to “apply the matrix”. In those cases, all relevant rules and guidelines will be used to determine the recommended discipline for the Sheriff to review.
- The Sheriff will review the findings and is the final authority for approving any discipline above coaching or counseling. If approved by the Sheriff’s Office, the recommended discipline will be recorded by the UAL administration team.
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Appeal of Disciplinary Actions:
- Employees disciplined under this department order may grieve or appeal such disciplinary action as provided by the Career Service (CS) Personnel Rules.
- Ancillary Consequences:
- The Sheriff may, in addition to the imposition of scheduled discipline, impose additional sanctions/orders.
- Additional sanctions/orders may include but are not limited to restricting an employee’s ability to work voluntary overtime or secondary employment, changing the employees shift or work hours or changing the employee’s work conditions as deemed appropriate under the circumstances.
- Such additional sanctions/orders are considered ancillary consequences of the scheduled discipline and not part of the discipline.
- Donated Sick Leave Policy:
- When an employee donates to or requests donations for sick leave from another DSD employee, the donation and any requests for same will:
- Be in adherence to all CSA rules associated with sick leave and sick leave donations.
- Adhere to all Collective Bargaining Agreement guidelines.
- Adhere to established City and Departmental processes.
- All donated sick leave will be deducted from the accumulated sick leave balance of the donating employee, provided they meet all requirements associated with donating sick leave.
- This policy will not preclude uniformed employees from donating sick leave and being paid for ninety-six (96) hours of unused accrued sick leave for the year of donation.
- Sick leave donations from an employee will be debited from an employee’s accumulated sick leave bank and will not be charged against any accrued but unused sick leave in the current year.
- Nursing Mothers:
- Consistent with Colorado Revised Statutes§ 8-13.5-104, and the City and County of Denver's Workplace Guidelines for Breast Feeding, the department’s leave policy provides for time allotted for nursing mothers to express breast milk in the workplace, in a private location and without discrimination.
- The department shall provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for their nursing child for up to two years after the child's birth.
- The department shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in private.
- Military Leave:
- General:
- Employees shall give the department advance written notice of an absence due to military service. <CALEA: 22.1.9>
- Military leave will be arranged at the employer's convenience, if possible.
- To cover monthly training obligations without using the fifteen (15) days of paid leave, an employee's work schedule may be adjusted, whenever possible, so that two (2) of an employee's non-work days each month coincide with the two (2) military training/duty days. <CALEA: 22.1.9>
- Military leave may be used when an employee is engaged in the National Guard or the United States Armed Forces (Army, Navy, Air Force, Marines, Coast Guard, or Merchant Marines) for reserve training or duty ordered or approved by the proper authority. <CALEA: 22.1.9>
- Types of Military Leave:
- All eligible employees who are required to attend annual and monthly military training exercises with the United States government or any political subdivision thereof will be granted military leave. Eligible employees include probationary as well as career status employees.
- Military Leave with Pay:
- Employees are eligible for up to fifteen (15) days of paid military leave between October 1st and September 30th (one fiscal year), not to exceed one hundred twenty-three and three-quarters (123.75) hours for deputies or one hundred twenty (120) hours for sergeants, captains and civilian staff.
- Military Leave Without Pay:
- Any employee who remains in military service beyond the time for which paid military leave is allowed shall be placed on military leave without pay. <CALEA: 22.1.9(g) >
- Such request for military leave shall be made in advance, and an employee may elect to use any accrued vacation or compensatory time in lieu of unpaid leave.
- An employee on military leave without pay status may also be eligible for a military pay differential. A military pay differential is for employees who are called to active military duty with written orders for services exceeding one hundred and seventy-nine (179) days because of war or national emergency.
- Military Activations Exceeding 180 Days (Pre-Deployment, Deployment, and Post Deployment): <CALEA: 22.1.9>
- Upon being notified of deployment that will exceed one hundred and eighty (180) days, the employee will inform their immediate supervisor and appropriate division command, i.e. major, chief. The employees will then make official notification to the Scheduling Unit and provide deployment orders and other documentation as necessary. The Scheduling Unit will notify the wellness coordinator so that an exit interview can be set up with the employee.
- Point of Contact – The wellness coordinator will be the point of contact for the employee during deployment. <CALEA: 22.1.9(a&b)>
- Exit Interview – The wellness coordinator and an employee from the Department of Public Safety Human Resource team will conduct a joint exit interview with the employee prior to deployment unless emergency circumstances dictate otherwise. During the exit interview, an exit interview checklist will be completed. <CALEA: 22.1.9(c)>
- During the exit interview, the following tasks will be completed and signed off on the exit interview checklist.
- Ensuring military orders have been submitted by employee and the Scheduling Unit has been provided a copy.
- Establish a means of communication with deployed employee (mail drop or deployment, personal e-mail, personal phone, etc.).
- The wellness coordinator will ensure the employee is provided with communications on department news, significant events, promotion opportunities and any other relevant department/city information by the agency during their deployment. Note: If means of communication change during deployment, it shall be the employee’s responsibility to notify the department of the change. <CALEA: 22.1.9(g)>
- If approved by the Training Academy captain or designee, authorized duty use and/or department issued weapons that are on record with the firearms range (handgun/rifle), along with magazines and rounds may be stored at the Training Academy. Other agency owned weapons (OC, TASER, etc.), keys, I.D. badges and any other applicable department issued equipment may be turned in to the Training Academy, if the deployed individual is unable to safely store any agency owned/issued items.
- If storage is granted to the deputy for military deployment, a form notating all items turned into the Training Academy, will need to be filled out by the Training Academy captain or designee and placed in the deputies file.
- During the exit interview, the following items will be addressed: <CALEA: 22.1.9(d)>
- Vehicles will be turned into the fleet manager.
- Provide the employee with an opportunity to discuss any questions/concerns with deployment as related to benefits, leave, etc.
- Upon completion of the interview, the exit interview checklist will be placed in the employee’s personnel file.
- In Processing – The deployed staff member will contact the wellness coordinator upon their return. The wellness coordinator and employee from the Department of Public Safety Human Resource team will conduct a post deployment/in process interview with the employee as soon as practical. During the in process interview, a post-deployment interview checklist will be completed. <CALEA: 22.1.9(e)>
- During the in-processing interview, the following tasks will be discussed/scheduled and signed off on in the post-deployment interview checklist by both the support services major and employee:
- Provide the employee with a copy of the most current organizational chart.
- Submittal of any relevant deployment paperwork.
- Identifying and scheduling any missed mandatory/refresher training to include weapons qualification. (This will be coordinated with the Training Division and range master.) <CALEA: 22.1.9(f)>
- Reviewing and signing current DSD policies in PowerDMS.
- If the length of deployment or ability of employee dictates that a transition back into assignment through an FTO process is needed, the employee outreach coordinator will contact the Training Academy commander to schedule assignment through the FTO program.
- A review of employee assistance programs.
- Any questions or concerns unable to be resolved during the interview will be resolved through either additional interviews or further outreach.
- Upon completion of the interview, the post-deployment interview checklist will be placed in the employee’s personnel file.
- Benefits While on Leave:
- Military leave will be in addition to any other leave to which the employee is entitled and will not result in the loss of benefits, privileges or pay, except that individuals on unpaid military leave do not accrue vacation and sick time during their leave.
- Employees absent on military leave for less than thirty-one (31) days are entitled to continued health and dental insurance coverage.
- Employees who serve more than thirty (30) days in the military may elect to continue health and dental coverage at his/her own expense through COBRA. The City will not contribute towards medical, dental or vision coverage, but the employee may continue the same benefits with COBRA at the full cost. Note within thirty (30) days of returning to work at the City, the employee must notify HR to trigger a new benefits enrollment period.
- While on paid military leave, an employee’s seniority, eligibility for pay increases, vacation and sick leave accrual shall not be affected.
- While on any unpaid military leave, an employee’s seniority and eligibility for pay increases will not be affected.
- After thirty (30) days on unpaid military leave, an employee’s vacation time and sick leave accruals will be affected and will not be earned.
- Any employee who requests military leave, with or without pay, will include copies of the official written orders. Copies of the official orders will contain the proper letterhead of the service rendering the request.
- In lieu of written orders, a phone call confirming the orders to the appointing authority or designee can be made by the appropriate Denver Sheriff Department supervisor.
- Work at Home Policy:
- General:
- In certain rare instances, employees of the DSD may be authorized to work from home. The Work at Home Procedure (“Procedure”) applies to any employee who works at home for a specific or limited period of time and applies to all DSD employees. This procedure will be administered by the Sheriff.
- Working at home is not an employee right or benefit and may be discontinued at any time. Employees will be permitted to work at home at the discretion of the Sheriff.
- Work at Home Criteria:
- To be eligible to work at home, employees must, among other things:
- have portable job duties;
- have a work site and equipment (telephone, internet, supplies, etc.) suitable for working at home; and
- be able to work independently and productively.
- There are limited DSD positions, responsibilities, and projects that are suitable for working from home. These positions that are appropriate for at-home work allow the employee to maintain business continuity in the event of an emergency or an unforeseen circumstance.
- These positions also have responsibilities that do not require face-to-face interaction, require minimal supervision, involve the extensive use of computers and/or telephones and have clearly defined and easily measurable tasks are more appropriate for the work-at-home arrangement.
- Only the Sheriff can approve a DSD employee to work from home.
- Work Schedule:
- Once approved by the Sheriff, the employee’s immediate supervisor will establish the employee’s home work schedule.
- The employee will document all time worked and account for hours not worked with the appropriate leave designation (annual, sick, comp time, leave without pay, etc.) and, designate any overtime as such, if eligible.
- Employees must receive supervisor authorization prior to working overtime.
- The employee will not provide primary child or other care during work hours; formal care arrangements must be maintained during working hours.
- Work at Home Documentation:
- The supervisor must complete the work from home approval form. Work at home documentation must include the following components:
- A description of the work to be accomplished as well as clearly defined performance requirements that are measurable and results-oriented, especially when the work differs from the employee’s regular job description and performance plan.
- The work schedule.
- A telephone number where the employee can be reached during the agreed-upon work schedule.
- If any DSD equipment is used at home, a record of such equipment.
- The employee’s signature of acknowledgment that he/she has read and agreed to abide by the Work at Home policy.
- In the event of an emergency closure or situation for which the work at home approval form cannot be formalized ahead of time, the work at home approval must be documented in an email between the employee and the supervisor.
- Equipment, Supplies and Telephone/Data Connection:
- The employee will use his/her own equipment, supplies, and telephone/internet connection in order to perform his/her job duties.
- In special cases where the Sheriff determines it is in the best interest of the work unit, the department may provide the equipment necessary for the employee to perform the desired work at home.
- Department equipment, software, data, and supplies may be used only for official DSD business and must be returned to the department at the termination of work at home arrangement or upon request by the Department.
- The employee is responsible for operating costs, home maintenance and any other cost associated with the use of the home as an alternate work location.
- In the event of equipment failure or malfunction, the employee will immediately notify the supervisor. In the event of delay in repair or replacement or any other circumstance which makes work from the home location impracticable, the employee understands that the supervisor may require the employee to report to the regular worksite, or utilize accrued leave if the employee cannot return to work.
- Rules and Regulations:
- All rules and regulations which include but are not limited to, information security and records management, and retention policies that apply at the employee’s regular worksite will apply when the employee works from home.
- Liability:
- The department is not liable for injuries to third persons, including family members, at the home work site. The Department is not liable for damages to the employee’s personal or real property.
- Workers’ Compensation:
- The employee is covered by workers’ compensation during the performance of official Department business at the home worksite during work hours. The employee must report work-related injuries immediately to the supervisor and will comply with all department reporting requirements established for the purpose of reporting such claims.
- Accountability:
- All employees who are required to attend military service or National Guard training or duty are accountable for being familiar with this DSD policy and for providing proper notification as outlined in this order to the appropriate department supervisor.
- Responsibility:
- Training:
- The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
- Management:
- The division chief/unit commander or unit manager of any division or unit affected by this policy will:
- ensure that existing procedures and all newly developed orders are in compliance with this order;
- ensure that all affected personnel are made aware of this policy; and
- ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
- Supervisors:
- All supervisors will ensure that the provisions of this policy are being followed and that all employees whom they are assigned to supervise have received this policy and acknowledged such review in PowerDMS.
- Staff:
- All employees will comply with the provisions of this policy.
- Effective Date: This order will become effective on October 22nd, 2024.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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