(a) Federal regulations. The terms used in this section that are not defined in Section 34-4 of this chapter have the meanings given them in the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. All interpretations and applications of this section must be made in compliance with the minimum requirements of the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. If any provision of this section conflicts with a provision of the federal law governing family and medical leave, the federal law prevails.
(b) Eligibility. Every employee is eligible for family and medical leave if the employee has:
(1) been employed by the city for at least 12 months; and
(2) worked at least 1,250 hours during the 12-month period immediately preceding the commencement of family and medical leave.
(c) When family and medical leave may be taken. An eligible employee may take family and medical leave only in the following circumstances:
(A) for the birth of the employee's son or daughter or to care for the child after its birth;
(B) for the placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement;
(C) to care for a spouse, son, daughter, or parent of the employee, if the spouse, son, daughter, or parent has a serious health condition;
(D) for a serious health condition that makes the employee unable to perform the functions of the employee's position;
(E) for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member who is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation; or
(F) to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
(d) Administration of family and medical leave. Specific procedures and requirements for the administration of the Family and Medical Leave Act are outlined in the administrative directives of the city. No procedure or requirement adopted by administrative directive may conflict with the Family and Medical Leave Act or Part 825, Title 29 of the Code of Federal Regulations, as amended.
(e) Disciplinary action. Disciplinary action, up to and including discharge from city employment, may be taken against an employee who:
(1) falsifies or misrepresents any facts in order to obtain family and medical leave; or
(2) shares confidential medical information relating to a request for family and medical leave with any person not authorized to receive the information. (Ord. Nos. 22195; 24873; 28024; 29320; 31745)