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28 . 7 Leave Without Pay for Part -time Employees <br /> At the discretion of the department director or his designee , unpaid leave may be <br /> authorized for part-time employees who do not accrue sick and vacation leave <br /> ( hired on or after 06/22/01 ) , up to a maximum of 60 hours per calendar year. <br /> 28 . 8 Arrests and Incarceration <br /> A . Employees who are unable to report for work because of arrest and incarceration <br /> may be placed on a special personal leave of absence without pay provided that <br /> it is requested during the first three working days of the incarceration . If the <br /> employee is unable to secure bail , the leave of absence will continue until final <br /> disposition of the charges depending upon the County' s operational needs . If <br /> the employee is freed on bail , a decision will be made by the employee 's <br /> department head and the Human Resources Director as to whether to allow the <br /> resumption of active employment pending disposition of the charges . They shall <br /> determine whether reinstatement would be consistent with the County's needs <br /> and requirements . If the decision is to not allow resumption of active <br /> employment pending disposition of the charges , a " pre-suspension " hearing will <br /> be set , at which the employee will be advised of the reasons for the suspension <br /> and would have the opportunity to refute the underlying premises for the <br /> suspension and argue for immediate reinstatement . Once an employee has <br /> exhausted all available vacation leave , his vacant position may be posted and <br /> filled in accordance with the provisions of this agreement . If the employee is <br /> reinstated after his position is filled , he shall have the right to fill a vacant position <br /> for which he is fully qualified . If no position is available , he shall be placed in <br /> a <br /> layoff status with recall rights as outlined in Article 25 , Separations . <br /> B . Employees shall immediately notify the department within 3 days of contact <br /> when information has been filed by a prosecuting official against him/her, when <br /> indicted by a Grand Jury , or when arrested , for any offense or violation of law . <br /> The department director shall determine if it is in the best interests of the County <br /> to : <br /> 1 ) Retain the employee in his/her regular position ; and/or <br /> 2 ) Assign the employee to other duties or another position until such time as <br /> any charges are disposed of by trial , acquittal , dismissal , conviction , or <br /> other judicial action ; and/or <br /> 3 ) Place the employee on leave without pay until such time as any charges <br /> are disposed of by trial , acquittal , dismissal , conviction , or other judicial <br /> action ; and/or <br /> 4 ) Initiate disciplinary action up to and including termination . <br /> 39 <br />