§ 33.54  LEAVE FOR SERIOUS HEALTH CONDITION.
   (A)   If the employee is eligible, he or she is entitled to take leave because of a serious health condition that makes him or her unable to perform the functions of his or her position or to care for his or her spouse, child or parent who suffers from a serious health condition.
   (B)   A serious health condition is a physical or mental impairment, illness, injury or condition that involves one of the following:
      (1)   Hospital care. Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility;
      (2)   Absence plus treatment. Any period of incapacity requiring absence from work, school or other regular daily activities of more than three consecutive calendar days, that also involves:
         (a)   Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
         (b)   Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
      (3)   Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; or
      (4)   Chronic conditions requiring treatments. A chronic condition which:
         (a)   Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
         (b)   Continues over an extended period of time (including recurring episodes of a single underlying condition); and
         (c)   May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy and the like).
   (C)   (1)   Permanent/long-term conditions requiring supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
      (2) Multiple treatments (non-chronic conditions). Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation and the like), severe arthritis (physical therapy) and/or kidney disease (dialysis).
   (D)   For purposes of this policy, the term HEALTH CARE PROVIDER refers to the following:
      (1)   A doctor of medicine or osteopathy, who is authorized to practice medicine or surgery by the state in which the doctor practice;
      (2)   A podiatrist, dentist, clinical psychologist, optometrist or chiropractor (limited to treatment consisting of manual manipulation of spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the state and performing within the scope of his or her practice as defined under state law;
      (3)   A nurse practitioner or nurse mid-wife who is authorized to practice under state law and who is performing within the scope of his or her practice as defined under state law;
      (4)   A Christian Science practitioner listed with the First Church of Christ Scientists in Boston, Massachusetts. If the employee or his or her family member is receiving treatment from a Christian Science practitioner, the city may require that he or she or his or her family member submit to an examination, though not treatment, to obtain a second or third certification from a health care provider other than a Christian Science practitioner;
      (5)   Any health care provider from whom the city or the city’s group Human Resources Department will accept certification of the existence of a serious health condition to substantiate a claim for benefits; or
      (6)   A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.
   (E)   Both husband and wife are entitled to leave. If husband and wife are employed by the city, and the leave is taken to care for a sick spouse or child, then each employee can take 12 weeks of leave. If the leave is taken to care for a sick parent, then the total number of weeks for both husband and wife cannot exceed 12 weeks.
   (F)   If the need for leave is foreseeable, the employee must give the Human Resources Department 30 days’ notice. If the need for leave or the timing of the leave is unforeseeable, the employee must give the notice of the need for leave as soon as practicable, but in no event later than two working days of learning for the need for the leave.
   (G)   The employee must make a reasonable effort to schedule medical treatment so as not to disrupt unduly the city’s operations, subject to approval of the health care provider.
   (H)   The employee may take leave intermittently or on a reduced scheduled basis if medically necessary. If he or she takes leave intermittently or on a reduced schedule, the city may require him or her to transfer temporarily to an available alternative position for which he or she is qualified that better accommodates recurring leave and has equivalent pay and benefits.
   (I)   If the employee takes leave due to his or her own serious health condition, or that of a spouse, child or parent, he or she must, within 15 days of the beginning date of leave, provide the Human Resources Specialist with written certification from a health care provider of certain basic information about him or her or his or her family member’s condition. The city will provide the employee with a form prepared by the United States Department of Labor in order to collect the information from him or her.
   (J)   If the city questions the certification, the city can, at its own expense, require that the employee get a second opinion from another health care provider of the city’s choice so long as the second provider is not regularly employed by the city. If the second opinion differs from the first opinion, the city may require, at its own expense, a third opinion from a provider jointly selected by the city and the employee, which opinion will be final and binding.
   (K)   If the city questions the certification, the city can also employ a health care provider to contact the employee’s health care provider to obtain clarification and authentication of the information included in his or her certification. The city’s health care provider will not ask the employee’s health care provider for a diagnosis. If the city requests the employee’s permission to have its health care provider contact the employee’s health care provider, the city will expect his or her cooperation.
   (L)   The city may require recertification on a reasonable basis.
   (M)   The city will maintain and treat as confidential all records submitted in connection with requests for family and medical leave.
(1984 Code, § 33.54)  (Ord. O-28-17, passed 11-28-2017)