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(A) With the exception of taking leave due to the birth, placement or adoption of a child or to care for such child, the employee must return to work immediately upon becoming able to return. Failure to do so will be treated as a voluntary termination. In no event shall the employee take more than 12 weeks of family and medical leave during any rolling 12-month period.
(B) The employee will have the same right to restoration and other benefits as he or she would have enjoyed if he or she had been continuously employed during the leave period. Ordinarily, upon return to work, he or she will be restored to the same position he or she held when leave began, if that position is still available. If the position is no longer available, he or she will be restored to an equivalent position with equivalent pay, benefits and other terms and conditions of employment.
(C) As a condition of restoration, when returning from leave taken due to the employees’ own serious health condition, he or she must provide the Human Resources Specialist with a fitness for duty certification. The return to work fitness for duty examination and certification must be conducted and prepared by a health care provider selected or at least agreed upon by the city. The fitness for duty examination and certification shall be limited to the condition which caused the need for leave. The certification must set forth work restrictions, if any.
(D) The city will not guarantee restoration of employment if the employee takes more than 12 work weeks of family and medical leave during any 12-month period.
(E) The city may deny restoration to any “key employee” if denial of restoration is necessary to prevent substantial and grievous economic injury to the city’s operation. A key employee is a salaried employee who is among the highest paid 10% of those employed by the city within 75 miles of the office at which the employee works. If an employee is a key employee, the city will notify him or her when he or she requests leave if the city believes there is a possibility that he or she will not be restored at the end of the leave period. If the city determines that economic injury would result, then the city will immediately notify the employee, in writing, either delivered in person or by certified mail, of its intent not to restore him or her to his or her previous position. If leave has already started, the employee will have the option to return to work and be restored to his or her position.
(F) If the employee is on leave, the city will require him or her to report periodically on his or her status and intent to return to work. If he or she gives notice of his or her intent not to return to work, then the city’s obligation to maintain benefits and restore employment will cease. If circumstances of the employee’s leave change and he or she is able to return to work earlier than the date he or she previously indicated, then he or she must notify the city at least two work days prior to the date he or she intends to return.
(1984 Code, § 33.52) (Ord. O-28-17, passed 11-28-2017)