Ariz. Admin. Code § R2-5A-C602 - Leave without Pay
A.
Approval. All leave without pay requires a written request by an employee in
advance, including the reason for the employee's request, and approval by the
agency head.
B. Use of leave.
Except for military leave, an agency head shall not grant leave without pay in
excess of 80 consecutive hours until all annual leave earned for working on a
day on which a state holiday is observed, all accrued annual leave and, if the
leave without pay is for medical reasons, sick leave are exhausted.
C. Return to work.
1. An employee who returns to work after an
authorized period of leave without pay of 80 consecutive hours or less shall
return to the same position occupied at the start of the leave without
pay.
2. Except as provided in
subsection (C)(4), an employee who returns to work after a period of leave
without pay in excess of 80 consecutive hours may return to a position in the
class held at the start of the leave without pay, if a position is available
and funded, and if the leave without pay is terminated in one of the following
ways:
a. Expiration of its term and the
employee's return to work;
b.
Rescission of the leave without pay by the agency head before its scheduled
expiration due to an unforeseen need that results in an insufficient number of
employees available to provide service and for which:
i. The agency head provides written notice of
the rescission to the employee's last known address at least 15 days before the
date the employee is directed to return to work; or
ii. If circumstances beyond the agency's
control do not permit at least a 15-day notice, the agency head provides notice
as soon as possible after becoming aware of the need for the employee to return
to work; or
c.
Curtailment of the leave without pay before its scheduled expiration date upon
request of the employee and with approval of the agency head.
3. An agency head may consider the
failure or inability of an employee to return to work on the first work day
after an approved leave without pay as a resignation.
4. An employee returning to work from leave
without pay granted:
a. For industrial
illness or injury for up to six months shall return to the position occupied at
the start of the leave without pay. If this position or a position in the same
class is not available and funded, the agency head shall conduct a layoff or,
if the employee is covered, a reduction in force in accordance with Subchapter
B.
b. As military leave is subject
to the provisions of the USERRA regulations incorporated by reference in
R2-5A-D603.
c. As FMLA leave is
subject to the provisions of the FMLA regulations incorporated by reference in
R2-5A-D601.
D. Insurance benefits continuation. An
employee who is on leave without pay may continue to participate in the
employee insurance plans as follows:
1.
Health benefit plan participation.
a. An
employee who is on FMLA leave is eligible to continue to participate in the
health benefit plan for the duration of the FMLA leave by paying the employee
premium/contribution. An agency head may recover the state's portion of
premium/contributions paid to maintain health coverage for an employee if the
employee fails to return from FMLA leave under certain circumstances, in
accordance with FMLA regulations incorporated by reference in
R2-5A-D601.
b. An employee who is
on leave without pay for a health-related reason that is not an industrial
illness or injury and who either does not meet FMLA eligibility requirements or
has exhausted FMLA leave and remains absent from work may continue to
participate in the health benefit plan by paying both the state and employee
premium/contribution. Authority to continue participation in the health benefit
plan shall terminate on the earliest of:
i.
Receipt of long-term disability benefits for which there is eligibility to
continue health benefit plan participation under a state-sponsored retirement
plan,
ii. A determination of
eligibility for Medicare coverage, or
iii. 30 months after the incapacity
began.
c. An employee
who is on leave without pay for reasons other than those outlined in subsection
(D)(1)(a), (b), or R2-5A-D602 pertaining to industrial leave, may continue to
participate in the health benefit plan for a maximum of six months by paying
both the state and employee premiums/contributions.
2. Life insurance plan participation.
a. An employee who is on FMLA leave continues
to participate in the Basic Life and Accidental Death and Dismemberment
Insurance Plan and may continue to participate in the supplemental life and
dependent life insurance coverage by paying the full
premium/contribution.
b. An
employee who is on leave without pay for a health-related reason that is not an
industrial illness or injury and who either does not meet FMLA eligibility
requirements or has exhausted FMLA leave and remains absent from work may
continue to participate in the basic life insurance plan by paying the state
premium/contribution. An employee who elects to continue to participate in the
basic plan may also continue any supplemental or dependent life coverage that
is in force at the beginning of the leave without pay by continuing to pay the
premium/contribution. Authority to continue in the life insurance plan shall
terminate in accordance with the time limits specified in subsection
(D)(1)(b).
c. An employee who is on
leave without pay for reasons other than those outlined in subsection
(D)(1)(a), (b), or R2-5A-D602 pertaining to industrial leave, may continue to
participate in the basic life insurance plan by paying the state
premium/contribution. An employee who elects to continue to participate in the
basic plan may also continue any supplemental or dependent life coverage that
is in force at the beginning of the leave without pay by continuing to pay the
premium/contribution. Authority to continue in the life insurance plan shall be
available for a maximum of six months.
3. Termination of insurance. The insurance
coverage of an individual on leave without pay who fails to pay insurance
premiums/contributions when due shall terminate at 11:59 p.m. on the last day
of the period covered by the last premium/contribution paid.
Notes
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