Houston Fire Department Scheduled Leaves and Absences Policy (I-22 A)

Purpose and Objectives of Scheduled Leaves and Absences

• Purpose ($1.00$):

  • To provide information and guidelines concerning scheduled leaves and absences for Houston Fire Department ($HFD$) employees.

  • To ensure compliance with Federal, State, and local laws regarding Military and Urban Search and Rescue ($USAR$) Leave.

  • To provide general guidelines regarding scheduled vacation for all department employees.

• Objectives ($2.00$):

  • To define and categorize scheduled leaves/absences and required notifications for: Court Related Absence, Holiday Leave, Unpaid Leave of Absence, Military Leave, Personal Leave, Training, Vacation, Voting, and Wellness.

  • To establish guidelines for employees receiving military or $USAR$ orders for active duty ($Federal$ or $State$), scheduled drills, or annual training.

  • To establish a consistent procedure for District Chiefs to follow when scheduling accrued vacations.

Formal Definitions and Departmental Timelines

• Assigned Shift/Workday ($3.01$): The normal time period or shift schedule assigned to an employee for their duties.

• Benefit Year ($3.02$): The $12$-month period starting September $1\text{st}$ and ending August $31\text{st}$.

• Calendar Year ($3.03$): The period from January $1\text{st}$ to December $31\text{st}$.

• City Business ($3.04$): Job responsibilities requiring an employee to be excused from regular duties to perform other city-related tasks.

• Court Related Absences ($3.05$): Leave to appear in legal proceedings due to a subpoena or summons, distinct from jury duty.

• Employee ($3.06$): All individuals performing duties for the City of Houston, including hired, appointed, full-time, part-time, temporary, permanent, classified, or non-classified.

• Fiscal Year ($3.07$): The period from July $1\text{st}$ to June $30\text{th}$ of the following year.

• Floating Holiday ($3.08$): A paid holiday granted by City Council each calendar year that must be taken in a single day increment or forfeited.

• Form $48$ ($3.09$): The $HFD$ form used for health care provider verification of non-occupational illness, disease, injury, or wellness. Validity requirements include:

  • Sections $1$ and $2$ completed for family member conditions.

  • Sections $1$, $2$, and $3$ completed for the employee's own condition.

  • Must cover all dates of absence and be signed by an authorized health care provider.

  • Submission must occur within $10$ calendar days (excluding the initial date) and every $30$ calendar days thereafter.

• Guaranteed Holiday ($3.10$): The ability to use a set number of accrued holidays per fiscal year with advance notice. This can be suspended by the Fire Chief.

• Health Care Provider ($3.11$): A Doctor of Medicine or Osteopathy authorized by the state, or others determined by the Secretary of Labor (see Appendix A).

• Holiday ($3.12$): Benefit days off with pay associated with recognized holidays; referred to as a "Deferred Holiday."

• Jury Duty Leave ($3.13$): Paid leave granted for summons to serve as a juror.

• Military Benefit Year ($3.14$): The period from October $1\text{st}$ to September $30\text{th}$ of the following year.

• Military Coordinator ($3.15$): A Human Resources employee assisting with Military/$USAR$ paperwork for deployment and return.

• Personal Leave ($3.17$): Paid leave based on sick leave usage ($SICK$, $SFAM$, $FMLS$) during the previous benefit year.

• Vacation Leave ($3.18$): Accrued benefit for time off with pay, requiring prior approval.

• Veteran ($3.19$): A person who served in the active $U.S.$ military, naval, or air service and was discharged under conditions other than dishonorable.

• Wellness Leave ($3.20$): Up to $8$ hours off for annual physicals and preventive care each benefit year.

Scope and General Responsibilities

• Scope ($4.01$): Applies to all full-time classified and unclassified employees of the Houston Fire Department.

• General Responsibilities ($5.02$): Responsibilities assigned to District Chiefs also apply to supervisors of equivalent rank at locations where no District Chief is assigned.

Court Related Absences and Jury Duty Guidelines

• Supervisor Responsibilities ($6.01.A$):

  • Notify the District Chief and ensure documentation in Form $42$ and $HFD$ Timesheets.

  • File copies of subpoenas or summons in the personnel file.

• Member Responsibilities ($6.01.B$):

  • For city-related court: Notify supervisor immediately, contact Professional Standards Office within $24$ hours, and review applicable $EMS$ or Arson records before appearing.

  • For Jury Duty: Provide subpoena as soon as possible, notify supervisor if seated on a panel, and return to work immediately upon release with a validated court slip.

  • For non-city related business: Provide subpoena/summons and return to work immediately after release.

• City Business Code ($CBUS$) ($6.01.C$): Granted for subpoenas on behalf of city/county/state/federal government, witness duty in private cases resulting from official duties, or appearing before boards/commissions.

• Exclusions from City Business/Overtime ($6.01.E$):

  • Outside employment duties.

  • Personal matters.

  • Witness duty between private litigants NOT resulting from $HFD$ duties.

  • Serving as a witness against the City.

• Compensation: Municipal employees may receive overtime for city business outside of regular schedules but are not eligible for mileage reimbursement ($6.01.G$).

Holiday Leave Accrual and Usage

• The Ten Traditional Holidays ($6.02.A$):

  1. New Year’s Day

  2. Martin Luther King Day

  3. Memorial Day

  4. Independence Day

  5. Labor Day

  6. Veterans’ Day

  7. Thanksgiving Day

  8. Friday after Thanksgiving

  9. Christmas Eve

  10. Christmas Day

• Accrual for $46.7$-hour Averaged Workweek ($6.02.B$):

  • Regularly scheduled shift on a holiday: Accrue $2\times 8$-hour holidays ($16$ hours total) if the entire shift is completed.

  • Not scheduled but called in: Accrue $1\times 8$-hour holiday plus overtime ($1.5\times$ pay rate).

• Standard Accrual: All other classified employees accrue one ($1$) $8$-hour holiday per holiday event.

• Usage Values ($6.02.F$): Eight ($8$) hours are deducted from accrued totals, but hours granted off vary:

  • $46.7$-hour workweek: $12$ hours off.

  • OEC $42$-hour workweek: $12$ hours off.

  • $10$-hour workday: $10$ hours off.

  • Other classified: $8$ hours off.

• Day-of and Prescheduled Holidays ($6.02.G$):

  • Shift Commanders determine day-of holidays.

  • District Chiefs maintain a day-of holiday list and grant them fairly if the list is empty.

• Floating Holiday ($6.02.H$):

  • Granted on January $1\text{st}$ to employees hired before July $1\text{st}$.

  • Must be used in its entirety (no hourly increments).

  • Code: $FHOL$.

Guaranteed Holidays ($GH$)

• Eligibility: Classified employees ($46.7$ or $42$-hour $OEC$) receive an allotment identified by the Fire Chief based on seniority.

• Exclusion Dates ($6.02.I.5$): No $GH$ allowed during:

  • Spring Break ($Saturday$ before through $Sunday$ after).

  • March $17\text{th}$ (if not in Spring Break).

  • Memorial Day Weekend.

  • July $3\text{rd}$ - July $5\text{th}$.

  • Labor Day Weekend.

  • October $31\text{st}$.

  • The $Saturday$ before through the $Sunday$ after Thanksgiving.

  • December $15\text{th}$ - January $1\text{st}$.

• Submission ($6.02.I.6$): Online via $HFD$ Desktop. Staffing Office reviews and approves $10$ days in advance.

Unpaid Leave of Absence Regulations ($6.03$)

• Up to $14$ Days: May be granted by the Fire Chief.

• More than $14$ Days: Requires Civil Service Commission approval.

  • Limit of $90$ consecutive days per approval.

  • Total limit of $180$ days in a $12$-month period.

• More than $180$ Days: Authorized only by City Council.

Military and USAR Leave Protocols ($6.04$)

• Paid Leave: Max of $15$ working days in a military fiscal year (Oct $1$ - Sept $30$).

• Salary Differential ($6.04.E$): If military salary is less than city salary during a state of war/emergency, the city pays the difference.

• Reporting Back Timelines:

  • Deployment of $1$ to $30$ days: Report at start of first shift on the next calendar day after travel time and an $8$-hour rest period.

  • Deployment of $31$ to $180$ days: Notify Military Coordinator within $14$ days of completion.

  • Deployment of $181$+ days: Notify Military Coordinator within $90$ days of completion.

• Drug Testing ($6.04.I.2$): Required for absences exceeding $30$ calendar days.

• Re-Orientation Program ($ROP$): Required for absences from Operations of $180$ days or longer.

Personal Leave Earnings Table ($6.05$)

• Firefighters (Chapter $143$):

  • $0$ hours sick leave used: $16$ hours earned.

  • $1\text{ min}$ to $8$ hours used: $8$ hours earned.

  • >8 hours used: $0$ hours earned.

• Non-Classified (Compensable Sick Leave):

  • $0$ hours used: $24$ hours earned.

  • $1\text{ min}$ to $8$ hours used: $16$ hours earned.

  • $8\text{ hr } 1\text{ min}$ to $16$ hours used: $8$ hours earned.

  • >16 hours used: $0$ hours earned.

• Forfeiture: Unused leave is forfeited on August $31\text{st}$.

Vacation Leave Accrual and Scheduling

• Scheduling Priorities ($6.07.F$): Conducted by rank and seniority in rank. No more than $50\text{\%}$ of any rank may be on vacation simultaneously.

• Summer Limits: During June, July, and August, maximum of $2$ continuous tours ($4$ shifts).

• Classified Accrual Rates ($6.07.P$):

  • Years $1-15$: $120$ hours ($15$ days); Bi-weekly rate: $4.62$.

  • Year $16$: $128$ hours ($16$ days); Bi-weekly rate: $4.92$.

  • Year $17$: $136$ hours ($17$ days); Bi-weekly rate: $5.23$.

  • Year $18$: $144$ hours ($18$ days); Bi-weekly rate: $5.54$.

  • Year $19$: $152$ hours ($19$ days); Bi-weekly rate: $5.85$.

  • Year $20$: $160$ hours ($20$ days); Bi-weekly rate: $6.15$.

  • Year $21$: $168$ hours ($21$ days); Bi-weekly rate: $6.46$.

  • Year $22\text{ or more}$: $176$ hours ($22$ days); Bi-weekly rate: $6.77$.

• Maximum Accrual: Classified employees can accrue up to $720$ hours ($90$ days).

• Non-Classified Accrual: Starts at $10$ days/year, maxing out at $25$ days after $18$ years of service.

Voting and Wellness Leave ($6.08 - 6.09$)

• Voting: Up to $2$ hours (code $VOTE$) if requested in advance and schedule doesn't permit time. Overtime workers are not compensated for voting time.

• Wellness: $8$ hours per benefit year. Requires Form $48$ verification. Code: $WELL$. Unused hours are forfeited on August $31\text{st}$.

Appendix A: Health Care Provider Definition

• Primary Definition: An $M.D.$ or $D.O.$ authorized to practice in the State.

• Other Authorized Entities:

  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to spinal subluxation correction via X-ray).

  • Nurse practitioners, nurse midwives, clinical social workers, and physician assistants.

  • Christian Science Practitioners (listed with First Church of Christ, Scientist, Boston).

Appendix B: Exception Codes

• Scheduled Codes:

  • $CBUS$ (City Business), $DHOL$ (Deferred Holiday), $FHOL$ (Floating Holiday), $GHOL$ (Guaranteed Holiday), $JURY$ (Jury Duty), $MILT$ (Military), $PERS/PLH/PLV$ (Personal), $TRNG$ (Training), $VACS$ (Vacation), $VOTE$ (Voting), $WELL$ (Wellness).

• Unscheduled Codes:

  • $AWOL$ (Dock hours), $DFAM$ (Death in Family), $DSCK$ (Donated Sick), $FMLA$ (FMLA), $OUT$ (Out of leave), $SICK$ (Sick), $VACU$ (Unscheduled Vacation).