HCSD — Standard Operating Procedures

907.1 PURPOSE AND SCOPE

This policy provides general guidance regarding the use and processing of sick leave. The accrual and terms of use of sick leave for eligible employees are detailed in the County personnel manual or applicable collective bargaining agreement.

This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.), the California Family Rights Act, leave for victims of crime or abuse, or for organ or bone marrow donor procedures (29 CFR 825; Government Code § 12945.2; Government Code § 12945.8; Labor Code § 1510).

907.2 POLICY

It is the policy of the Hartwell County Sheriff’s Department to provide eligible employees with a sick leave benefit.

907.3 USE OF SICK LEAVE

Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.

Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.

Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity or other activity that may impede recovery from the injury or illness (see Outside Employment Policy).

Qualified appointments should be scheduled during a member’s non-working hours when it is reasonable to do so.

907.3.1 NOTIFICATION

All members should notify an appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than one hour before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor (Labor Code § 246 ).

When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible and practicable, provide the Office with no less than 30 days' notice of the impending absence (Labor Code § 246).

Upon return to work, members are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken.

Absences

907.4 EXTENDED ABSENCE

Members absent from duty for more than three consecutive days may be required to furnish a statement from a health care provider supporting the need to be absent and/or the ability to return to work. Members on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return.

Nothing in this section precludes a supervisor from requiring, with cause, a health care provider’s statement for an absence of three or fewer days after the first three days of paid sick leave are used in a 12-month period.

907.4.1 LEAVE OF ABSENCE

Any department member in need of a leave of absence for whatever reason may request to be placed on leave status for a period of up to two weeks unless otherwise arranged with the Sheriff or Undersheriff. Additional time may be afforded depending on the circumstances, please reach out to the Sheriff or Undersheriff regarding your needs. If you expect to be away for more than four weeks, it is recommended that employment be suspended until you are ready to resume active duty.

907.5 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors include, but are not limited to:

• Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy.
• Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the Department of Human Resources as appropriate.
• Addressing absences and sick leave use in the member’s performance evaluation when excessive or unusual use has:

1. Negatively affected the member’s performance or ability to complete assigned duties.
2. Negatively affected office operations.

• When appropriate, counseling members regarding excessive absences and/or inappropriate use of sick leave.
• Referring eligible members to an available employee assistance program when appropriate.

Transfer/Rehire

907.6 TRANSFERS/REHIRE

Any sworn Deputy Sheriff, Police Officer, State Highway Patrol Trooper, Corrections Officer / Correctional Officer / Prison Guard or that has been with an outside law enforcement agency for a minimum of 90 active days may be considered by the Sheriff for a transfer into the Hartwell County Sheriff Department. The Deputy Sheriff will then complete a minimum active probationary phase within the department, during which they will familiarize themselves with California State laws and customs, and the procedures of the department itself. A transferred Deputy Sheriff, Police Officer, State Highway Patrol Trooper, Corrections Officer / Correctional Officer / Prison Guard however, is not entitled to be hired at their previous rank from another law enforcement agency. These decision in the end will be made solely at the Sheriff’s discretion.

If at some point an applicant had been a Deputy Sheriff with the HCSD, they can be considered to be rehired at their previous rank. The Sheriff and Undersheriff will evaluate the current needs of the Department and review the past performance of the rehire to make a decision. That decision is made at the Sheriff’s discretion. A rehire is not entitled to be rehired at their previous rank.

If a Deputy Sheriff engaged in criminal or questionable behavior, it is the purview of the Office of The Sheriff, to serve the public trust, and not rehire problematic deputies, as a matter of official policy.

Suspensions, Dismissal/Termination

907.7 SUSPENSIONS, DISMISSAL / TERMINATIONS

As noted in the application. All deputies work at the pleasure of the Sheriff. Still, all terminations/suspensions will be issued through appropriate approved mediums and will include the reasons for the decision. Depending on the severity of the incident, all terminations come with a minimum 90 day waiting period before re-applying, if re-application is possible due to the events that led to the dismissal. Specific incidents where an investigation is needed may incur a suspension until such a time as an outcome is reached. Terminations involving inactivity or failure to return from a leave will allow for the individual to return to his or her prior position if vacancies are available. If not, the next closest position may be considered. Suspensions resulting in disciplinary action will remain in place until such a time as the disciplinary action is resolved and a return-to-work notice is issued.

Communicable Diseases