*This directive is currently under review*
210.21, Leaves from Service
Refer:
- Directive 344.00, Compliance with Human Resources Administrative Rules (HRAR)
- Directive 410.00, Injuries/Occupational Illness/Disability/LOS
- Directive 416.00, Post Officer Involved Deadly Force/Temporary Altered Duty
- Directive 880.20, Court Coordination
Policy:
1. As employees of the City of Portland, all Portland Police Bureau employees, including sworn and non-sworn members, are subject to and are responsible for knowing and complying with all City of Portland Human Resources Administrative Rules (HRAR). These rules include the City’s rules regarding various types of leaves. Collective bargaining agreements may also apply. If there is a conflict between a City HRAR and a provision or provisions of an applicable collective bargaining agreement, the provision or provisions of the applicable collective bargaining agreement provision will prevail.
2. Current versions of City HRAR may be accessed via the Bureau of Human Resources (BHR) or the City Auditor website. Applicable collective bargaining agreements also may be accessed on the BHR website. Types of leave include leaves from service under the following HRAR:
2.1. HRAR 6.01, General Leaves of Absence
2.2. HRAR 6.02, Holidays
2.3. HRAR 6.03, Vacation
2.4. HRAR 6.04, Sick Leave
2.5. HRAR 6.05, Family Medical Leave
2.6. HRAR 6.06, Catastrophic Leave
2.7. HRAR 6.07, Military Leave
2.8. HRAR 6.08, Funeral and Bereavement Leave
2.9. HRAR 6.09, Jury Duty Leave
2.10. HRAR 6.10, Leave to Attend Court or Other Legal Proceedings
2.11. HRAR 6.11, Search and Rescue, Disaster Relief and Civil Defense
2.12. HRAR 6.12, Conventions and Meetings
2.13. HRAR 6.13, Supplemental Worker’s Compensation Benefits
2.14. HRAR 6.14, Restoration and Use of Accrued Leave for Members Receiving Benefits from the Fire & Police Disability Retirement and Death Benefit Plan
2.15. HRAR 8.03, Hours of Work, Overtime Compensation & Management Leave: FLSA Exempt Employees
3. Members will be provided leave as required by law or applicable collective bargaining agreements. Bureau management may grant a variety of types of leave to members in accordance with applicable law, City code and rules, Police Bureau directives, and collective bargaining agreements, including leave for members suffering from a traumatic incident. Leaves from service will be coordinated through the Bureau of Human Resources and the Police Bureau’s Personnel Division, who are responsible for interpreting applicable laws, rules, and collective bargaining agreements.
4. Sworn members taking leaves of absence will comply with Directive 880.20, Court Coordination.
5. Leave and other benefits for members injured on the job are covered by Directive 410.00, Injuries/Occupational Illness/Disability/LOS.
Procedure:
- Leave Coordination and Accountability:
1.1. Members will comply with all applicable HRARs, collective bargaining agreements and directives when requesting or taking a leave from service.
1.2. Supervisors will assist their supervised members, as necessary, regarding requests for leave from service. Supervisors will consult with the Bureau’s Personnel Division regarding any leave from service other than routine use of vacation leave, comp time or sick leave to ensure proper procedures are followed and compliance with all applicable laws, rules and provisions of applicable collective bargaining agreements.
1.3. Responsibility Unit Managers will:
1.3.1. Ensure that all leaves from service of members within their Responsibility Unit are coordinated, as necessary, with all appropriate divisions, the appropriate Assistant Chief, the Personnel Division and, for sworn members, the Training Division.
1.3.2. Notify all appropriate divisions, the appropriate Assistant Chief, the Personnel Division, and the Training Division upon a sworn member’s return from leave.
2. Administrative Leave:
2.1. Duty-Related Administrative Leave:
2.1.1. An Assistant Chief may exercise discretion on a case-by-case basis to authorize placement of a member on administrative leave. Administrative leave may be granted for reasons not related to a personnel investigation or use of force incident. This procedure recognizes that being involved in or witness to stressful incidents on duty may have a significant impact on members (e.g. incidents requiring life-saving emergency medical services, death, etc.).
2.2. Personnel-Related Administrative Leave:
2.2.1. An Assistant Chief may authorize placement of a member on administrative leave pending a personnel investigation. Responsibility Unit Managers, or a designated supervisor, will ensure the member’s administrative leave is coordinated with all appropriate divisions, which will include the appropriate Assistant Chief, the Personnel Division, and, for sworn members, the Training Division.
2.3. Members on administrative leave shall be available, as directed by authorized command staff, to report to work or to answer work related questions or inquiries.
3. Extension of Probation for Probationary Member Absences:
3.1. Sworn Members: When a probationary sworn member is off duty or is assigned to a limited duty status for a period of three (3) consecutive weeks or longer, or if any of these conditions are expected, the member’s supervisor will notify the Training Division, the Personnel Division, and the member’s Assistant Chief, in writing of the absence or limited duty or the expected absence or limited duty. The notification will include the last day the member worked or is expected to work in the full duty status and the circumstances of the member’s absence or assigned to limited duty.
3.1.1. When the date of the probationary member’s expected return to full duty status is known, the member’s supervisor will notify the Training Division, the Personnel Division, and the member’s Assistant Chief, in writing of the date member is expected to return to duty. Training, Personnel, and the Assistant Chief, will consult and make recommendations to the Chief of Police, whether the member’s probation should be extended.
3.2. Non-sworn members: When a non-sworn probationary member is off duty for more than one (1) week, the member’s probationary period will be extended. The probationary period may be extended for a period not to exceed ninety (90) days by agreement between the City, the applicable union, if any, and the affected member.
4. Leaves from Service Prohibitions:
4.1. A member will not engage in other employment while on leave, except as approved by the Chief of Police.
History:
- Originating Directive Effective: 09/06/01
- First Revision Effective: 09/05/03
- Second Revision Effective: 07/28/06
- Third Revision Effective: 08/07/06
- Fourth Revision Effective: 07/09/09
- Fifth Revision Effective: 08/14/15
- Rescinded Directive 210.23, Administrative Leave
- Next Review Date: 08/14/17
- Review By: Services Branch