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Back to Index | Relevant Policy - 7.29 Staff Citizenship Leave
7.29.P.1 Staff Citizenship Leave
PROCEDURE PROCEDURE
STAFF CITIZENSHIP LEAVE

1.    OVERVIEW – APPROVED UNPAID LEAVE
 
a.    The Superintendent has the responsibility to create procedures to implement two forms of approved unpaid leave per District Policy.

b.    The Superintendent has designated the Payroll and Benefits Department in coordination with the Human Relations Department (HR) with the responsibility for remaining current with all laws related to these leave policies. 

c.    The Payroll and Benefits Department and the Human Relations Department shall stay informed about federal and legal changes to each of the leaves that are the subject of this policy.
 
d.    Both Departments consult annually as to which department shall be responsible for, among other areas, ensuring that updated fact sheets are created to inform employees of their rights and responsibilities as well as ensuring that any legally required notices to employees about their rights are posted in appropriate employee work areas. Both departments should have lines of communication to ensure compliance.
 
i.    When it comes to the rights and reemployment under the Uniformed Services Employment and Reemployment Rights Act, the district should have available the Rights poster for this law that may be found at : http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf.

2.    PROCEDURES TO OBTAIN AN APPROVED CITIZENSHIP LEAVE 
 
a.    The Department will maintain an online application and processing procedure to include information advising employees about eligibility and the application process as well as supporting documentation for Citizenship Leave.

b.    Employees shall promptly notify their supervisor regarding any situation where they may be eligible for citizenship leave.

c.    Employees who wish to apply for this leave must go to proper online site to fill out the request for leave and provide the appropriate documentation.
 
i.    For Jury Duty required documentation is the summons for jury duty.

ii.    For Legal Leave required documentation is the Subpoena.

iii.    For Victim Leave required documentation is from the law enforcement agency involved and should evidence that the employee is the victim of juvenile or adult crime and may present information regarding legal proceedings they have a right to attend as defined in A.R.S. 8-420 or 13-4430.
 
1)    Employees utilizing this leave may use accrued paid leave or obtain an unpaid leave of absence.
 
iv.    For Paid military leave (Field Training): documentation should include military orders that document that the employee will be engaged in field training.

v.    For a Military Service leave of absence, the employee must provide documentation of acceptance for military service.  
 
1)    An employee leaving for military leave may be entitled to retain health coverage for up to 24 months including coverage for dependents.
 
d.    After submission of the application for any of the above leaves, the Departments shall review the application, determine eligibility and advise the employee in writing as to whether it has been approved.  If the application has not been approved, the Department shall provide the employee with a written explanation.
 
i.    The Approved leave request notice should also contain information as to the employee’s eligibility to use accrued and accumulated paid leave as well as any rights to continued health care coverage as applicable.

3.    PROCEDURES TO RETURN TO WORK AFTER AN APPROVED CITIZENSHIP LEAVE 
 
a.    Employees on any form of citizenship leave shall have the responsibility to return to work at the conclusion of their approved leave whether paid or unpaid.

b.    Jury Duty:  upon return to work employee has the responsibility to inform the District as to whether they have received payment for jury duty.  
 
i.    Employee must supply a copy of the check to the Payroll and Benefits department.  Failure to do so may result in loss of pay and possible disciplinary action.

ii.    The payroll and benefits department will deduct the amount of the check for jury duty daily rate from pay.  However, the portion of the check for mileage or meals will be retained by the employee and not deducted from pay. 
 
c.    Reemployment under USERRA (The Uniformed Services Employment and Reemployment Rights Act.)
 
i.    This law gives the employee rights to re-employment provided the eligibility requirements outlined in district policy and USERRA are met.  This may include the right to be reinstated to health care plan without penalty.