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7. Employees returning from a leave of absence will be reinstated to their same job or to an equivalent job with equivalent status and pay, as required by law. Employees returning from a medical leave must provide certification of their ability to perform the functions of their job. Employees returning from a military leave also must comply with all of the reinstatement requirements specified by federal law. If the same job or one of equivalent status and pay is not available as a result of a reduction in force, the employee will be treated in the same manner as though he/she had been actively employed at the time of the reduction of force. 8. Employees who are unable to report for work because of arrest and incarceration will be placed on a special personal leave of absence (in a paid status if the employee has accrued vacation, floating holidays or comp time available). The employee is required to notify the employee's department head within forty-eight (48) hours of incarceration or are subject to separation from employment with the City discipline, including but not limited to termination. If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges. If the employee is freed on bail, the employee's department head, the Human Resources Director and City Manager will decide whether active employment is appropriate pending final disposition of the charges. Notwithstanding the aforementioned, if the employee is unable to return to work within three (3) days, the employee shall be deemed to abandon his/her employment and termination is automatic. 9. If an employee fails to return to work at the conclusion of an approved leave of absence, including any extension of the leave, the employee may be considered to have voluntarily terminated employment. 10.Employees who are absent from work for more than three consecutive days without giving proper notice to the City may be considered to have voluntarily terminated employment unless there are substantiated mitigating circumstances that the City accepts. In the absence of acceptable mitigating circumstances, the City will formally note the termination and advise the employee of the action by certified mail to the employee's last known address. CODING: Words stricken are deletions,words underlined are additions. Policy 704:1 —Leaves of Absence Page 4 of 4