Consistent with the Family and Medical Leave Act of 1993 (FMLA), full-time, part-time and seasonal employees may be entitled to a family or medical leave of absence if certain conditions are met.
(A) Eligibility for family and medical leave.
(1) Any employee who has been employed by the village for at least 12 months, and who has worked at least 1,250 hours with the village during the 12 months preceding the request for a leave of absence, shall be eligible for a family or medical leave of up to 12 weeks in a 12 month period.
(2) An eligible employee may take family or medical leave for the following reasons:
(a) To care for a newborn child or newly adopted or newly placed foster care child, as long as the leave is taken in the year following the child's birth or placement;
(b) To care for their child, spouse, or parent who has a serious health condition; or
(c) To attend to their own serious health condition which prevents them from performing the functions of their job.
(B) Length of leave.
(1) Each eligible employee may be granted FMLA leave for a period up to 12 workweeks during any 12-month period, measured backward from the date an employee uses FMLA, with the following exception.
(2) When a husband and wife both work for the village, the two employees are limited to a combined total of 12 weeks of leave during any 12 month period following the birth or placement of a child. If the leave is necessitated by the serious health condition of the employee or that of the employee's spouse or child, the employees are not limited to a combined total of 12 weeks.
(C) Substitution of other leave programs. If an employee is entitled to paid leave the employee must take the paid leave as provided under the other leave programs and must simultaneously request FMLA leave. Use of paid leave does not extend the family or medical leave of absence period. The total of paid and unpaid leave provided shall not exceed 12 workweeks unless specifically approved by the employee's department head. When accrued leave has been exhausted or does not apply, FMLA leave shall be without pay.
(D) Reduced work schedule/intermittent leave.
(1) Employees taking leave because of their own or their eligible family member's serious health condition may take their 12 weeks of FMLA leave intermittently or on a reduced hour's basis, if such leave is medically necessary. Certification of medical necessity shall be required. If intermittent or reduced hours leave is required, the village may, in its sole discretion, temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates the employee's recurring periods of leave.
(2) Employees taking leave to care for a newly born or newly placed child do not have the legal right to take intermittent leave; such a request for intermittent leave may be approved by the employee's department head.
(Ord. 49-2017, passed 11-21-2017; Ord. 42-2018, passed 10-16-2018)