DIRECTIVE 11.5 - 1

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 11.5

SUBJECT: LEAVE OF ABSENCE AND SEPARATION

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1. POLICY

A. Personnel of the Police Department who are absent from duty without authorized leave

will be reported on the Daily Attendance Report (75-349) as "Absent Without Leave",

and coded in accordance with Directive 11.6, “Absent Without Permission, Code “A”

(AWOL).”

B. Personnel requesting a leave of absence will do so in accordance with the procedures

outlined in this directive.

C. All approved leaves of absence will be reported on the Daily Attendance Report

(75-349) and coded in accordance with Directive 11.1, “Daily Attendance Report

(DAR).”

D. In the event a Leave of Absence Without Pay is disapproved an appeal may be made in

accordance with Civil Service Regulations, Section 22.02.

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*10 2. MILITARY LEAVE (THIRTY (30) WORKING DAYS OR LESS, WITH PAY)

A. Employees who are members of any Reserve Unit of the Federal Armed Forces or the

National Guard, are entitled to a leave of absence for the purpose of training

encampment or other mandatory military reasons. This absence will be with pay for a

period of thirty (30) days or less during one calendar year.

B. When requesting such leave, personnel will prepare a memorandum in triplicate and

forward through the chain of command to the pertinent Chief Inspector, who will

forward the request to the Personnel Officer. A copy of the employee's military orders

must accompany all requests.

Issued Date: 08-16-85 Effective Date: 08-16-85 Updated Date: 03-18-14

DIRECTIVE 11.5 - 2

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3. MILITARY LEAVE (THIRTY-ONE (31) WORKING DAYS OR MORE, WITHOUT PAY)

A. Employees who are members of the Reserve Armed Forces or National Guard, in the

event of mobilization or call-up, will be granted a military leave of absence without

pay. Employees will prepare a memorandum in triplicate, and upon the approval of the

District/Unit Commander, the memorandum and a copy of the military orders will be

forwarded to the Personnel Officer, Police Headquarters.

*1 1. The Personnel Officer will return one (1) copy of all approved memorandums to

the Commanding Officer for filling and one (1) copy to the Court Liaison Unit,

Room 142, City Hall for the scheduling and/or continuing of court cases.

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4. LEAVE (OTHER THAN MILITARY – FIFTEEN (15) WORKING DAYS OR LESS WITHOUT PAY)

A. Employees requesting a leave of absence for fifteen (15) working days or less, without

pay, will prepare a memorandum in triplicate to the District/Unit Commander stating

the reason for the request. After the request has been approved by the Commanding

Officer, all copies of the memorandum will be forwarded directly to the Personnel

Officer, Police Headquarters.

B. If the request is approved by the Personnel Officer, the approved duplicate copy of the

memorandum will be returned to the District/Unit Commanding Officer for filing. The

employee will then be reported on the Daily Attendance Report as leave without pay

for the specified time requested and approved.

C. Emergency Situation

1. During normal working hours, the District/Unit Commanding Officer may contact

the Personnel Officer by telephone.

2. After normal working hours, the Patrol Supervisor may authorize a leave of

absence without pay up to eight (8) hours.

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5. MEDICAL LEAVE (SIXTEEN (16) WORKING DAYS OR MORE WIHTOUT PAY)

A. Employees requesting leave of absence without pay for medical reasons will prepare a

memorandum in triplicate, and upon the approval of the District/Unit Commander, the

memorandum, along with a doctor's report, will be forwarded to the Personnel Officer,

Police Headquarters.

DIRECTIVE 11.5 - 3

1. The doctor's report will include diagnosis, prognosis, and expected date of return to

duty.

NOTE: If the employee cannot report in person to the Personnel Officer, due to

hospitalization or some other emergency situation, the request may be

submitted through the U.S. Mail, or by other arrangements, through the

District/Unit Commander. All other provisions of the preceding paragraph

must be observed.

B. Employees returning from a medical leave of absence will report to the Personnel

Officer, who will refer the employee to the Chief of the Municipal Medical Dispensary

for the necessary medical examination prior to being returned to duty.

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6. MATERNITY LEAVE

A. Employees requesting a maternity leave of absence without pay will prepare a

memorandum in triplicate, and upon approval of the District/Unit Commander, report

to the Personnel Officer, Police Headquarters. A doctor's report including expected

date of return will be presented.

B. Maternity leave will be granted for a period of six (6) months, however, additional

leave may be requested in accordance with Civil Service Regulations, Section 22.02.

C. Upon approval by the Personnel Officer, an approved copy of the memorandum will be

returned to the District/Unit for filing. The employee will then be reported on the Daily

Attendance Report as leave without pay for the specified time requested and approved.

D. Employees returning from a maternity leave of absence will report to the Personnel

Officer, who will refer the employee to the Chief of the Municipal Medical Dispensary

for the necessary medical examinations prior to being returned to duty.

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7. PARENTAL LEAVE

A. Parental leave of absence without pay will be granted in the following instances:

1. A permanent employee adopting a child, provided that the employee submits a

notarized statement that he/she is the primary care parent. The statement must

include the custody date.

2. A permanent employee who is the natural father, provided that the employee

submits proof of birth, as well as a notarized statement that he is the primary care

parent.

DIRECTIVE 11.5 - 4

B. Employees requesting parental leave will prepare a memorandum in triplicate, and

upon approval of the District/Unit Commander, the memorandum, along with proof of

birth and/or notarized statement, will be forwarded to the Personnel Officer, Police

Headquarters.

C. Parental leave will be granted for a period not exceeding six (6) months, beginning the

date of birth or custody. However, additional leave may be requested in accordance

with Civil Service Regulations, Section 22.02.

D. More than one (1) parental leave will not be granted unless there has been a two-year

working interval between leaves.

E. Upon approval by the Personnel Officer, an approved copy of the memorandum will be

returned to the District/Unit for filing. The employee will then be reported on the Daily

Attendance Report as leave without pay for the specified time requested and approved.

______________________________________________________________________________

8. PERSONAL LEAVE (SIXTEEN (16) WORKING DAYS OR MORE WIHTOUT PAY)

A. Employees requesting a leave of absence for sixteen (16) days or more without pay for

personal reasons will prepare a memorandum in triplicate stating the specific reason for

the request. After approval by the District/Unit Commander, the memorandum will be

forwarded to the Personnel Officer, Police Headquarters. This type of leave is subject

to the approval of the appointing authority with concurrence of the Personnel Director.

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9. DEATH IN FAMILY (FUNERAL LEAVE)

*6/*8 A. Sworn personnel will be granted leaves of absence up to four (4) days in the event there

is a death in the immediate family - husband, wife, children, parents, brother, sister,

mother-in-law, father-in-law, grandmother, grandfather and grandchild. The four (4)

day period will commence with the day after death and will include regularly scheduled

days off. Personnel desiring to attend the funeral of other members of the family such

as, uncle, aunt, cousin will be granted one (1) day leave of absence to attend the

funeral.

*4/*8 B. Civilian personnel (District Council 33) will be granted (4) working days, with

full pay, in the event there is a death in the immediate family: husband, wife,

children, mother, father, brother, sister, mother-in-law, father-in-law, grandmother,

*5 grandfather, grandchildren. In addition, District Council 33 personnel will be

granted (1) day funeral leave, with pay, to attend the viewing or the funeral of a

family member other than the immediate family.

DIRECTIVE 11.5 - 5

*8 NOTE: The DAR entry for Funeral Leave for parents or grandparents will no

longer accept the word “parent” or “grandparent” in the remarks column of

the DAR. You must put in either “mother” or “father” instead of “parent”

and “grandmother” or “grandfather” instead of “grandparent” in the remarks

column.

*3/*4/*9 C. Civilian personnel (District Council 47) will be granted four (4) working days, with full

pay, in the event there is a death in the immediate family - spouse, spousal equivalent,

*5 children, mother, father, brother, sister, grandmother, grandfather, grandchildren. In

addition, District Council 47 personnel will be granted one (1) day funeral leave, with

pay, to attend the viewing or the funeral of a family member other than the immediate

family.

D. Any personnel on vacation requesting funeral leave will be carried "Funeral Leave"

instead of "Vacation" on the Daily Attendance Report (DAR)..

E. When requesting this type of leave, prepare a memorandum in duplicate addressed to

the District/Unit Commanding Officer. The Commanding Officer will forward the

approve memorandum directly to the Personnel Officer, Police Headquarters. The

memorandum should include:

1. The name and relationship of the deceased.

2. The time and place of death.

3. The time and place of viewing, or if none, the name and address of the undertaker.

4. The time and place of burial.

F. Distribution after Approvals:

1. After approval by the District/Unit Commander, the memorandum and copy will be

forwarded to the Personnel Officer. (If any difficulty occurs with the granting of

approval, Personnel Officer will notify District/Unit Commander by telephone.)

2. After approval by the Personnel Officer:

Original - Retained in the Personnel Section File.

Copy - Retained in the District/Unit Administrative File.

DIRECTIVE 11.5 - 6

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10. LEAVE TO COMPETE IN EXAMINATIONS

A. Employees will be excused from work to compete in a scheduled examination for a

City position upon presenting to the immediate supervisor an approved notice to

compete form the Personnel Department. The excused time will include a reasonable

period for reaching and returning from the site of the examination.

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11. RESIGNATION OR RETIREMENT

*2/*7 A. In the event of resignation or retirement, the individual concerned will report to the

Personnel Office at least fifteen (15) days prior to leaving the employment of the Police

Department to obtain the Separation Checklist (Form 75-448 Police and Form ##-###

School Crossing Guard).

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12. FAMILY AND MEDICAL LEAVE ACT OF 1993

A. In accordance with Public Law 103-3, the Family and Medical Leave Act of 1993, full-

time permanent sworn and civilian employees having 12 months of service who can

certify a qualifying need, observe the notice requirements, and otherwise comply with

the provisions of the law are entitled to twelve (12) work weeks of unpaid leave for self

or immediate family (parent, spouse, or child) within any twelve (12) month period.

Leave may be granted for extended occurrences, intermittent occurrences, or as part(s)

of the work day. City-paid medical benefits shall continue until the end of the twelve

work week allowance, but in the event the employee leaves City employment at the end

of such leave, the City may recover any medical benefit payments made during the

course of the leave.

B. Upon termination of the leave, the employee is guaranteed reinstatement to the same or

an equivalent position. Consistent with the Act, the City requires that the employee use

all paid administrative, and all applicable sick leave reserves prior to using any unpaid

allowance of family and medical leave. The usage of vacation, holiday, and

compensatory leave reserves is optional.

C. The employee must provide 30 days advance notice when the leave is "foreseeable."

The employee must contact Police Personnel to obtain a U.S. Department of Labor

form which must be completed by a private physician prior to approval of a Family and

Medical Leave of Absence.

D. Reasons for taking leave:

1. to care for the employee's child after birth, or placement for adoption or foster care;

DIRECTIVE 11.5 - 7

2. to care for the employee's spouse, son or daughter, or parent, who has a serious

health condition; or

3. for a serious health condition that makes the employee unable to perform the

employee's job.

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*11 13. TERMINATIONS A. Employees who fail to apply for a leave of absence or fail to return from a leave of

absence may be terminated under Civil Service Regulations 22.01, 22.02 and 22.022.

B. In order for the termination process to begin, the Commanding Officer must submit a

memorandum through their chain of command stating the reason for the termination

request. The memorandum must state the reason for the termination, attempts to

contact the employee, as well as the results of the attempts to contact the employee.

Once the request is approved by the Police Commissioner, the paperwork will be

forwarded for processing to Police Personnel.

C. Once the termination paperwork is processed, a certified letter will be sent to the

employee along with a Separation Checklist (Form 75-448 Police and Form ##-###

School Crossing Guard) detailing to the employee the equipment that must be returned

to their Commanding Officer. A copy of this letter will also be forwarded to the

Commanding Officer of the unit the employee is assigned to upon termination. A copy

of the letter will not be sent to the Commanding Officer of unit employee is detailed.

D. Employees are to return their equipment to their unit of assignment, not to where

employee was detailed. Commanding Officers are to collect all equipment that is

returned to them. It is the Commanders responsibility to return all equipment to the

pertinent units in accordance with Directive 6.7. All ticket books will be return to

Operation Room Supervisor (ORS) in accordance with Directive 3.2. Once all

equipment is returned, a copy of the Separation Checklist along with the employee’s ID

Card, MPO Card, Badge, Frontispiece and Parking Permit are to be returned to Police

Personnel. Failure to return all equipment to the Commanding Officer may result in the

terminated employee’s final paycheck, terminal leave check and/or pension check

being withheld until such time all equipment is returned. ______________________________________________________________________________

RELATED PROCEDURES: Directive 3.2, Vehicle Laws of Pennsylvania

Directive 6.7, Uniforms and Equipment

Directive 11.1, Daily Attendance Report (DAR)

Directive 11.6, Absent without Permission (Code “A”

(AWOL)

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BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________

DIRECTIVE 11.5 - 8

FOOTNOTE GENERAL# DATE SENT REMARKS *1 3332 12/04/90 CHANGE

*2 9118 01/09/92 DELETION

*3 1453 01/10/92 CHANGE

*4 3095 03/27/98 CHANGE

*5 1639 04/03/98 CHANGE

* (amends Gen. 3095 sent 3-27-98)

*6 8775 10/16/98 ADDITION

*7 2933 04/22/99 ADDITION

*8 4086 08-19-05 CHANGE

*9 1304 08-26-05 CHANGE

*10 9095 03-08-07 CHANGE

*11 1558 03-18-14 ADDITIO