Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 63 - Leave › Rule 11-63.5 - Leave Without Pay.

Current through Register Vol. 47, No. 3, July 24, 2024
A permanent or probationary employee, on written request and
				  written approval by the appointing authority, may be granted leave without pay
				  for any reason deemed satisfactory to the appointing authority, subject to the
				  following conditions:
(1) Leave
				without pay shall not originally be granted for more than 12 consecutive
				months. Accrued leave need not be exhausted before leave without pay is granted
				except that accrued sick leave must be exhausted if the reason for leave
				without pay is due to a medically related disability. The determination to
				require the exhaustion of any or all accrued leave shall rest with the
				appointing authority except as provided in subrule 63.5(4). On written request,
				prior to the expiration of a granted leave, the appointing authority may, in
				writing, grant an extension of the leave without pay. The approved leave
				without pay extension may not be for more than an additional 12 consecutive
				months, unless otherwise approved by the director.
(2) Failure by the employee to report back to
				work on the date specified in the written request shall be considered a
				voluntary resignation unless otherwise approved by the appointing authority. A
				written statement accepting the resignation shall be sent to the employee by
				the appointing authority and a copy sent to the director.
(3) Employees who do not supplement workers'
				compensation with sick leave, vacation or compensatory leave, and who are kept
				on the payroll in a nonpay status for more than 30 calendar days, shall be
				placed on leave without pay for purposes of probationary periods and other
				benefits. A written statement to this effect shall be sent to the employee
				within three days following the action by the appointing authority.
(4) When requested in writing and verified by
				the employee's physician or other licensed practitioner, an employee shall be
				granted sick leave for at least an eight-week period when the purpose is to
				provide recovery from a medically related disability. If the employee's accrued
				sick leave is exhausted prior to completion of the eight-week period, the
				employee shall be granted additional leave, paid or unpaid, for the remainder
				of the period, in accordance with these rules. The appointing authority may
				grant leave in excess of the eight-week period. Paid leave shall not be granted
				in excess of that accrued. At any time during the period of leave, the
				appointing authority may require that the employee submit written verification
				of continuing disability from the employee's physician or other licensed
				practitioner. In addition to the reason listed, subrule 63.5(2) shall also
				apply under the following circumstances:
a.
				The employee fails or refuses to supply the requested verification of continued
				disability.
b. The verification
				does not clearly show sufficient continuing reason that would prevent the
				performance of the employee's regular work duties.
c. The employee is shown to be performing
				work which is incompatible with the purpose for which the leave without pay was
				granted.