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Text of Document: June 9, 2005
When an employee has exhausted sick leave and annual leave accumulated and then is off from work, this is the policy that I recommend: First, determine whether the absence is medically related. If it is in excess of both sick and annual leave, it may be covered under provisions of FMLA. If it is not related to illness, this is the policy that should be used: "After an employee has exhausted all sick and annual leave, and the absence is not due to illness, a leave of absence without pay may be granted at the discretion of the Mayor." If the absences are merely unexcused absences, the Town of Wartrace may terminate the employee. To be at work and to be at work on time, especially for nonexempt employees, is a fundamental consideration due the town. Failure to appear for work may well mean that the town has to pay someone else overtime to fill the temporary vacancy resulting from the employee's absence.
I would caution the town to verify that the absence is not due to illness. If it is and the town terminates the employee, there could be serious consequences.
If you have further questions, please feel free to contact me.
Don J. Darden
Municipal Management Consultant |