Policy #300 – Time, Attendance and Leaves of Absence
Work Services Corporation provides various types of leave for employees covered by a collective bargaining agreement as well as those not covered by a collective bargaining agreement. Leave benefits are determined by the WSC contract to which the employee is assigned, whether the employee’s position is covered by a collective bargaining agreement, and, if so, which one. Employees are informed of the types of leave they are eligible to receive at the time of hire. If an employee is not sure of their leave benefits, they can contact their supervisor or the HR Department. Employees are encouraged to use their accrued Vacation Leave as a beneficial break from work. Except as otherwise stated in a collective bargaining agreement governing an employee’s employment, the procedures for the use of Vacation Leave and Sick Leave are stated below.
1.1 Work Services Corporation recognizes certain designated days throughout the year as paid holidays.
1.2 Holidays are considered paid time away from work during a time or period determined by Work Services Corporation to be observed by employees.
1.3 All non-exempt employees, excluding temporary employees, will receive payment for the holiday at the employee’s regular rate of pay based on the employee’s budgeted full-time equivalent (FTE).
1.4 The amount of paid holiday time is prorated according to the employee’s budgeted full-time equivalent (FTE).
1.5 If a holiday falls on a Saturday, the previous Friday shall be observed; if a holiday falls on Sunday, the Monday following the holiday shall be observed.
1.6 To be eligible for holiday pay, employees must work their scheduled work shift either the day before or the day after the celebrated holiday, or be on paid personal leave.
1.7 An employee on paid leave immediately before or after a designated holiday is entitled to be compensated for that holiday.
1.8 If a Fair Labor Standards Act (FLSA) non-exempt employee is scheduled to work on a designated holiday, the employee will be paid for the holiday at the regular rate of pay plus the number of hours worked.
1.9 Paid holiday hours are not counted towards the calculation of overtime pay unless a non-exempt employee actually works the holiday hours.
1.10 An employee on unpaid leave (leave without pay) immediately before a designated holiday is not entitled to be compensated for that holiday.
1.11 At the present time, WSC recognizes all Federal holidays; however, these are subject to change:
1. New Year’s Day
2. Martin Luther King, Jr. Day 3. President’s Day
4. Memorial Day 5. Independence Day 6. Labor Day
7. Columbus Day 8. Veteran’s Day 9. Thanksgiving Day 10. Christmas Day
2. VACATION LEAVE
2.1 Employees earn Vacation Leave beginning the first day of employment and terminate accrual on the last day of duty.
2.2 Employees must complete 6-months of continuous employment in order to be entitled to take accrued Vacation Leave.
2.3 Part-time employees will earn and accrue Vacation on a pro-rated basis according to the number of hours paid.
2.4 Vacation is accrued based on the hours paid by Work Services Corporation according to the following schedule for full-time employees:
Length of Service Hours Earned Per Month
Hours Earned Annually/Days
Max Hours to Carry forward- anything over rolls to Sick
Less than 2 years 8 96/12 days 180/22.5 days
At least 2 years but less
than 5 years 9 108/13.5 days 244/30.5 days
At least 5 years but less
than 10 years 10 120/15 days 268/33.5 days
At least 10 years but less
than 15 years 11 132/16.5 days 292/36.5 days
At least 15 years but less
than 20 years 13 156/19.5 days 340/42.5 days
At least 20 years but less
than 25 years 15 180/22.5 days 388/48.5 days
At least 25 years but less
than 30 years 17 204/25 days 436/54.5 days
At least 30 years but less
than 35 years 19 228/28.5 days 484/60.5 days
35 years or more 21 252/31.5 days 532/66.5 days
2.5 Vacation Leave accruals will be posted to the employee’s leave record at the end of each pay period of employment.
2.6 When the maximum hours carried forward have been met, any vacation above that amount will roll to Sick Leave. A maximum amount of 720 hours or 90 days, is allowed for sick leave.
2.7 Change in Employment Status
2.7.1 Employees who change from part-time to full-time, and conversely, may carry forward their total accrual, and will begin accruing Vacation at the rate for the new position at the beginning of the pay period in which the transfer becomes effective.
2.8 Lump Sum Payment in the Event of Employee Death
2.8.1 In the event of employee death, a lump sum payment for accrued Vacation Leave will be made on the employee’s final paycheck.
2.9 Requesting Use of Vacation Leave
2.9.1 Vacation Leave is designed to allow employees to manage their time in order to blend their professional and personal lives better.
2.9.2 Employees must request approval from their supervisor to take Vacation Leave.
2.9.3 Whenever possible, requests for Vacation Leave should be made at least ten (10) days in advance.
2.9.4 Approval of Vacation Leave requests are subject to business needs, staffing requirements, and availability of alternate coverage as determined in the discretion of the supervisor.
2.9.5 It is an employees’ responsibility to ensure that the number of hours requested and/or taken are available for use prior to making the request.
2.9.6 If your time worked in any given work week is equal to or exceeds your regular scheduled hours, the Payroll Department will adjust any Vacation Leave time for that pay period so as not to exceed your regularly scheduled hours.
3. SICK LEAVE
3.1.1 Full-time employees will accrue 8 hours of Sick Leave per month (3.69 hours per pay period); 96 hours annually, 12 days per year. A maximum amount of 720 hours, 90 days, is allowed for Sick Leave.
3.1.2 Part-time employees will accrue Sick Leave on a pro-rated basis according to the number of hours paid.
3.1.3 Employees are eligible to take Sick Leave upon receiving their first paycheck.
3.1.4 Employees are strongly encouraged to manage their time conservatively and maintain a balance sufficient to allow for unforeseen illnesses and emergencies.
3.1.5 In the event a Sick Leave in excess of three (3) continuous workdays is requested due to illness, the employee must present to the Human Resources Department a physician’s statement prior to returning to work. The physician must submit sufficient information to permit the Company to determine whether employee is released to return to full duty work and any restrictions.
22.214.171.124 A supervisor may require an employee to take Sick Leave when it is evident the employee is ill or injured and cannot perform his/her job duties. This will be required when it is believed that the employee’s medical condition poses a personal hazard or is detrimental to the health or welfare of other employees or customers.
4. BEREAVEMENT LEAVE
4.1 In the event of a death in the immediate family (including miscarriage), an employee shall be granted no more than two (2) days of leave with pay.
4.2 If the funeral is held 200 or more highway miles from the employees’ primary work location, the employee is eligible for no more than four (4) consecutive days of leave with pay.
4.3 In the event of more than two (2) funerals in a calendar year, management reserves the right to request certification for use of Bereavement leave.
4.4 Immediate Family: For purposes of this section, immediate family includes:
4.4.2 Children (biological, step, foster, adoptive or children-in-law);
4.4.3 Parents (biological, step, adoptive, in loco parentis or parents-in-law);
4.4.4 Siblings (biological sister, brother, step, or brother or sister-in-law);
4.4.5 Grandparents (biological, grandparents in-law, or step grandparents in-law)
4.4.6 Management reserves the right to request certification for use of bereavement leave.
5. EDUCATION / TRAINING: Educational training, i.e. workshops and conferences, is the time in which the
employee is released from regular work assignments and work hours without loss of pay or benefits to attend a job-related educational program and/or other program related to current job assignments to allow the
employee to achieve related personal growth objectives which contribute to increased productivity and competency.
5.1 Workshops and Conferences
5.1.1 Approval of Educational Leave for workshops, conferences or similar programs has the following conditions:
5.1.2 Compliance with procedures for reimbursement of travel and registration or tuition fees;
5.1.3 The employee may be required to instruct, consult, or assist in disseminating new information to other employees upon completion of Educational Leave; and
5.1.4 Reimbursement of travel and registration or tuition fees is contingent upon the availability of funds unless attendance of such programs has been made mandatory by the Project Manager or WSC President.
6. JURY DUTY AND WITNESS SERVICE
6.1 Employees will be granted time off if summoned for jury qualification interviews, jury duty, or subpoenaed by a court or administrative agency to testify as a witness. Unless otherwise provided in a collective
bargaining agreement, leave for witness service is unpaid. Leave for jury duty will be paid not to exceed five (5) days, or 40 hours in a given calendar year, and will be based on the employee’s absence from his/her normal work schedule.
6.2 When an employee is summoned for jury duty or subpoenaed for witness service, the employee must:
6.2.1 Notify his/her supervisor as soon as the formal notice is received and furnish a copy of the formal notice to his/her supervisor. A copy of the summons/subpoena will be retained in the Personnel Record;
6.2.2 The supervisor must notify the Payroll Department and the Human Resources Department for proper accountability and rescheduling of job duties;
6.2.3 The employee must contact his/her supervisor each day regarding his/her availability for work the following day;
6.2.4 The employee will report to work when excused early from jury duty/witness service or if not selected to sit on a jury/dismissed from witness service;
6.2.5 For jury duty, an employee must return the court clerk stamped verification form in order to be paid time away from work. The employee must present the form and the check issued by the court for service to the Payroll Department immediately following jury service. A copy will be made of the check and the check will be returned to the employee. The amount paid by the Court for Jury Duty will be deducted from the employee’s next paycheck.
6.3 Employees are expected to work the portion of a workday or workweek not occupied by service on a jury or as a witness. Employees must contact their Manager as soon as they are released from jury duty or witness service as to whether or not to return to work.
7.1.1 Work Services Corporation encourages employees to exercise their right to vote. However, since the polls often are open for long periods, employees should make arrangements to vote before or after their working hours. If it should be necessary, employees may take up to two hours leave from work to vote if the polls will not be open at least two consecutive hours before or after the
employee’s work hours. Non-exempt employees will not be paid for time away from work to vote, unless otherwise provided under state or local law.
8. LEAVE OF ABSENCE WITHOUT PAY
8.1 WSC allows an official leave of absence without pay to accommodate employees who encounter unusual or unavoidable circumstances that require an extended period of time away from the job. A leave of absence without pay is granted on the assumption that the employee will return to work upon expiration of the leave.
8.1.1 All employees must take accrued Vacation Leave or Sick Leave before they can take leave of absence without pay.
8.1.2 An employee on a leave of absence without pay for more than five (5) consecutive business days will be responsible for paying a prorated portion of their company provided insurance. It is the
employee’s responsibility to contact the Human Resources Office for payment information.
8.1.3 A leave of absence without pay is a privilege and is not granted automatically.
8.1.4 Approval for a leave of absence without pay is based on contractual requirements, staffing needs, and business necessity.
8.1.5 The maximum allowable time for a leave of absence without pay is ninety (90) days.
8.1.6 Leave extensions may be granted under extraordinary circumstances if the employee requests the extension in writing prior to the termination of the original leave of absence, and may be extended for a maximum of thirty (30) days.
8.1.7 The leave of absence without pay must be requested in writing by the employee. The employee’s supervisor or manager, in conjunction with the Human Resources Department, will grant or deny permission for the requested leave in the Company’s discretion.
8.1.8 Seniority is protected while an employee is on a leave of absence without pay. A leave of absence without pay is a COBRA qualifying event, therefore, an employee may choose continuation of coverage of their group health insurance, at their expense.
8.1.9 Employees on a leave of absence without pay must report in every thirty (30) days.
8.1.10 Employees must contact the Department of Human Resources to report their status and their intent to return to work.
8.1.11 Employees may not accept or hold other employment during a leave of absence without pay.
8.1.12 Although the Company cannot guarantee an employee’s return to the position he or she held prior to a leave of absence without pay, the Company will attempt to place the employee in his or her former position or a comparable position if a vacancy exists at the time of the employee’s return.
This may not be possible if the WSC contract to which the employee is assigned terminates or is modified during the employee’s leave of absence without pay. Employees returning from a leave of absence without pay will be restored to their original pay, benefits, and other employment terms and conditions.
8.1.13 An employee does not return to work on the expiration date of the leave of absence without pay will be considered to have voluntarily resigned.
8.1.14 In the event that any of the terms of this policy conflict with the collective labor agreement governing an employee’s employment, then the terms of the collective labor agreement shall control.
9. FAMILY AND MEDICAL LEAVE
9.1 Work Services Corporation provides family and medical leave in accordance with applicable law, including the Family and Medical Leave Act of 1993 (as revised) and the Americans with Disabilities Act (ADA).
9.2 Basic Leave Entitlement: Eligible employees are entitled to up to 90-days of unpaid, job-protected leave per 12 months (a rolling 12-month period measured backward from the date an employee uses any FMLA leave) for
9.2.1 Incapacity due to pregnancy, prenatal medical care or child birth;
9.2.2 To care for the employee’s child after birth, or placement for adoption or foster care;
9.2.3 To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;
9.2.4 For a serious health condition that makes the employee unable to perform the employee’s job.
9.3 Military Family Leave Entitlements: Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 90-day leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include:
9.3.1 (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) for the purpose of making financial and legal arrangements; (e)rest and recuperation;
and/or (f) post-deployment activities;
9.3.2 Eligible employees may take up to 26-weeks of leave for a spouse, parent, son, daughter or next of kin (i.e., nephew or niece) to care for a service member who becomes seriously ill or is seriously injured while on active duty. This may include undergoing medical treatment, recuperations, or therapy, or is in outpatient status, or is on the temporary disability retired list.
9.4 Benefits Protection
9.4.1 Group health insurance is maintained for an employee on FMLA if such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work.
9.4.2 WSC will recoup premiums paid to maintain health insurance coverage for employees who fail to return to work from FMLA leave, unless this failure to return work is the result of a serious health condition that prohibits return to work.
9.4.3 Any employee who takes FMLA leave caused by the employee’s own serious health condition will be required, as a condition of restoration, to obtain and provide certification that the employee is able to resume work. The cost of the certification, if any, is paid by the employee. The Company may delay restoration to employment until a fitness-for-duty certification is provided.
9.4.4 Notification of not returning to work from FMLA leave is a qualifying event under COBRA.
9.4.5 Employees returning from FMLA leave will be restored to their original job, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.
9.4.6 WSC’s contracts are negotiated annually with the Department of the Air Force, Department of the Army, General Services Administration, State of Texas, local and regional entities. If these
contractual relationships are terminated, WSC would be unable to restore employees to their original or equivalent job.
9.4.7 The Company reserves the right not to restore a "key" employee to his or her previous position if doing so would cause substantial economic harm to the Company. Key employees are generally those in the top 10% of compensation.
9.5 Eligibility Requirements
9.5.1 Employees are eligible for FMLA leave for one or more of the qualifying events listed in 9.2 or 9.3 if they have worked for at least one year (12-months), and have worked 1,250 hours over the previous 12-months, and work at a location where the Company employs at least 50 employees within a 75- mile radius of the employee’s worksite.
9.5.2 If an employee experiences an FMLA qualifying event for his/her own medical condition as defined in 9.2 and 9.6 and Military Leave, the total combined leave cannot exceed 26-weeks within a 12- month period.
9.5.3 If both caregivers are WSC employees, the total amount of combined FMLA leave cannot exceed 26- weeks within a 12-month period.
9.6 Definition of Serious Health Condition
9.6.1 A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of their job, or prevents the qualified family member from participating in school or other daily activities, as defined by the Family and Medical Leave Act.
9.7 Definition of Health Care Provider
9.7.1 Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices; or
9.7.2 Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law; or
9.7.3 Nurse practitioners and nurse-midwives authorized to practice and performing within the scope of
9.7.4 Christian Science practitioners listed with the First Church of Christ Scientists in Boston, Massachusetts.
9.8 Use of Leave
9.8.1 FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary.
Intermittent leave may not be taken for the birth of a child or placement of a child for adoption or foster care;
9.8.2 Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the operations of the worksite;
9.8.3 Leave due to qualifying exigencies may also be taken on an intermittent basis.
9.9 Substitution of Paid Leave for Unpaid Leave
9.9.1 If an employee has accrued, unused Vacation Leave or Sick Leave, the Company will require the employee to use the Vacation Leave and Sick Leave while taking FMLA leave. In other words, on commencing FMLA leave, an employee is required to simultaneously take any paid leave for which he/she is eligible. Once paid leave is exhausted, most employees’ FMLA leave will be unpaid. Both paid and unpaid leave count towards the FMLA entitlement limit.
9.10 Employee Responsibilities
9.10.1 Employees must give 30-days advance notice of the need to take FMLA leave when the leave is foreseeable.
126.96.36.199 When 30-days’ notice is not foreseeable, the employee must provide notice as soon as
practicable and generally such notice must comply with the Company’s normal call-in procedure.
9.10.2 When leave is taken on the basis of a serious health condition, the employee must provide sufficient information to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave.
188.8.131.52 Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave.
184.108.40.206 Employees must also inform WSC if the requested leave is for a reason for which FMLA leave was previously taken or certified.
220.127.116.11 Employees may also be required to provide a certification and periodic recertification supporting the need for leave.
9.10.3 WSC may request that the employee seek a second opinion at the expense of the company.
9.10.4 Employees on FMLA leave must report in every 30-days to the HR Department to report their status and their intent to return to work.
9.10.5 Employees returning from medical leave (including pregnancy related leave) will be required to present medical certification which indicates the employee’s fitness for duty and in cases of a
physical illness or injury a Functional Capacity assessment will also be required before the employee is allowed to return to work.
9.10.6 Seniority is protected while an employee is on FMLA leave. Employment benefits accrued prior to the leave are also protected, except that the employee is required to use all accrued Vacation Leave or Sick Leave, if eligible for that leave, before being entitled to unpaid leave.
9.11 Employer Responsibilities
9.11.1 WSC will inform employees requesting leave whether they are eligible under FMLA;
9.11.2 If an employee is eligible, the notice must specify any additional information required as well as the employee’s rights and responsibilities;
9.11.3 If an employee is not eligible for FMLA leave, the company will provide a reason for the ineligibility.
9.12 Taking More FMLA Leave than an Employee Is Entitled under the Law
9.12.1 Employees who fail to return to work after 90 days of FMLA leave (or 26 weeks depending on the nature of the FMLA leave), and who have no other leave options available to them, may be subject to disciplinary action up to and including discharge. An extension may be granted if the Company determines that a leave extension is required in order to comply with federal, state or local law, including the Americans with Disabilities Act and its state equivalent. An employee who fails to timely return to work at the end of an approved FMLA leave, including any extension of the leave as an approved accommodation, will be considered to have voluntarily resigned.
For additional information concerning FMLA leave, please contact the Human Resources Director.
10. MEDICAL LEAVE OF ABSENCE
10.1 WSC provides Medical Leave of Absence (MLOA) for employees who have completed their new
employee introductory period of employment, have a serious health condition (as defined by FMLA), but do not qualify for FMLA leave.
10.2 Medical Leave of Absence can only be used for the employee’s own serious health condition.
10.3 Basic Leave Entitlement: Eligible employees are entitled to up to 90-days of unpaid, job-protected leave per 12 months (a rolling 12-month period measured backward from the date an employee uses any MLOA leave for
10.3.1 Incapacity due to pregnancy, prenatal medical care or child birth;
10.3.2 For a serious health condition that makes the employee unable to perform the employee’s job.
10.4 Benefits Protection:
10.4.1 Group health insurance coverage is not maintained for employees on MLOA leave if such insurance was provided before the leave was taken;
10.4.2 It is the employee’s responsibility to contact the Benefits Office to make arrangements for payment of health insurance premiums and FSA.
10.4.3 Notification of not returning to work from MLOA leave is a qualifying event under COBRA.
10.4.4 If the employee does not pay their insurance premiums, insurance coverage will be cancelled.
10.4.5 Employees returning from MLOA leave will be restored to their original job, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.
10.5 WSC’s contracts are negotiated annually with the Department of the Air Force, Department of the Army, General Services Administration, State of Texas, as well as regional and local entities. If these contractual relationships are terminated, WSC would be unable to restore employees to their original or equivalent job.
10.6 Eligibility Requirements:
10.6.1 Employees are eligible for MLOA leave if they have completed their new employee introductory period of employment or longer;
10.6.2 The employee has worked less than 1,250 hours over the previous 12-months.
10.7 Definition of a Serious Health Condition:
10.7.1 A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or
10.7.2 Continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job as defined by the Family and Medical Leave Act.
10.8 Use of Leave:
10.8.1 MLOA leave may be taken intermittently or on a reduced leave schedule when medically necessary;
10.8.2 Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the operations of the worksite;
10.9 Substitution of Paid Leave for Unpaid Leave:
10.9.1 Employees must first use paid Vacation Leave or Sick Leave, if eligible for the leave, for any part of the MLOA leave entitlement.
10.9.2 If paid leave is available, WSC provides only enough unpaid leave to total 90-days.
10.10 Employee Responsibilities:
10.10.1 Employees must give 30-days advance notice of the need to take MLOA leave when the need is foreseeable.
10.10.2 When 30-days’ notice is not possible, the employee must provide notice as soon as practicable and generally such notice must comply with the company’s normal call-in procedure.
10.10.3 When leave is taken on the basis of a serious health condition, the employee must provide sufficient information to determine if the leave may qualify for MLOA protection and the anticipated timing and duration of the leave.
10.10.4 Sufficient information may include that the employee is unable to perform job functions.
10.10.5 Employees must also inform WSC if the requested leave is for a reason for which MLOA leave was previously taken or certified.
10.10.6 Employees may also be required to provide a certification and periodic recertification supporting the need for leave.
10.10.7 WSC may request that the employee seek a second opinion at the expense of the Company.
10.10.8 Employees returning from a medical leave (including pregnancy related leave) will be required to present medical certification which indicates the employee’s fitness for duty and in cases of a
physical illness or injury a Functional Capacity assessment will be required before the employee is allowed to return to work.
10.10.9 Seniority is protected while an employee is on leave.
10.10.10 Employment benefits accrued prior to the leave are also protected, except that the employee is required to use all accrued Vacation Leave or Sick Leave, if eligible for that leave, before being entitled to unpaid leave.
10.11 Employer Responsibilities:
10.11.1 WSC will inform employees requesting leave whether they are eligible for the requested leave.
10.11.2 If an employee is eligible, the notice must specify any additional information required as well as the employees’ rights and responsibilities.
10.11.3 If an employee is not eligible, the company will provide a reason for the ineligibility.
Work Services Corporation provides various types of leave for employees covered by a collective bargaining agreement.
Leave benefits are determined by the contract for which the employee is assigned, and the negotiated benefits associated with the collective bargaining agreement. Employees are informed of the types of leave they receive at the time of hire. If an employee is not sure of their leave benefit, they can contact their supervisor or the HR Department, or refer to their respective collective bargaining agreement.