(a) Family and Medical Leave Act. The Family and Medical Leave Act ("FMLA" or "Act") entitles eligible employees of covered employers to take up to a total of twelve weeks of paid and/or unpaid leave during a twelve-month rolling leave period for one or more of the following conditions:
(1) For the birth and care of the newborn child of the employee;
(2) For the placement of a child for adoption or foster care;
(3) To care for a spouse, parent, son or daughter with a serious health condition; or
(4) When the employee is unable to work due to the employee's own serious health condition.
(b) Definitions. The definitions listed in this section apply only to the family and medical leave policy.
(1) "Act" or "FMLA" means the Family and Medical Leave Act of 1993.
(2) "Chronic serious health condition" is one 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).
(3) "Eligible employee" means:
A. An employee who has been employed for a total of at least twelve months by the City on the date on which the FMLA leave is to commence. For the purposes of this policy, a twelve month rolling leave period is defined as twelve months prior to the date leave is requested to the employee's first day of his/her request to use FMLA. The twelve weeks of leave may be taken in a block, or, under certain circumstances, intermittently or on a reduced leave schedule. When taken intermittently, the City's policy provides that leave may be taken in increments of one hour or more.
B. An employee who, on the date on which the FMLA leave is to commence, has been employed for at least 1,250 hours of service during the previous twelve-month period.
C. In addition, eligible employees who request FMLA and who have accrued leave (i.e., sick time, vacation, compensatory time, and/or personal days) on the books shall utilize their FMLA leave and accrued paid leave concurrently.
(4) "Family leave" is leave taken for the birth and/or care of a newborn or child placed into the employee's home as a result of adoption or foster care placement. Family leave must be taken within twelve months of the qualifying event (birth or placement).
(5) "Health care provider" means:
A. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices;
B. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law;
C. Nurse practitioners, nurse-midwives and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice under state law;
D. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts;
E. Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; or
F. A health care provider as defined above who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country.
(6) "Intermittent leave schedule" means leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period and may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken several days at a time spread over a period of six months, such as for chemotherapy.
(7) "Medical leave" means leave requested in order to care for an immediate family member with a serious health condition or for the employee's own serious health condition (includes leaves resulting from a worker's compensation-related injury or illness).
(8) "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child.
(9) "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek or hours per workday, of an employee.
(10) "Serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves:
A. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (meaning inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from), or any subsequent treatment in connection with such inpatient care; or
B. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes a period of incapacity (i.e., an inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
1. 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
2. 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.
C. Any period of incapacity due to pregnancy, or for prenatal care;
D. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is defined above.
E. 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.
F. Any period of absence to receive multiple treatments (including any period of recovery there from) 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 calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
(11) "Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen years of age or eighteen years of age or older and incapable of self-care because of a mental or physical disability.
(12) "Spouse" means a husband or wife as defined or recognized under state law for purposes of marriage in the State of Ohio.
(c) Approval Process.
(1) The following procedures shall be implemented to provide consistency for administering FMLA in the City:
A. FMLA shall commence when an employee meets any one of the conditions, listed under this section.
B. The employee is responsible for providing written notification of such need to the immediate supervisor, and department head or designee thirty days prior to the date the leave is expected to commence unless unforeseen circumstances exist, in which case, written notification shall be provided as soon as reasonably possible.
C. The written notice must contain the anticipated beginning and ending dates of the leave and the reason for (or type of) leave.
D. Employees on family medical leave shall use their accrued leave time, (sick leave, vacation, personal time, compensatory time, in that order, unless otherwise specified in this policy) during their FMLA. Accrued leave (including accumulated and earned while on FMLA) shall be used for all hours while on FMLA until exhausted or until the employee returns to work (whichever is sooner).
E. If all paid leave is exhausted, employees may request an unpaid leave of absence under FMLA which is subject to the prior approval of the department head and Mayor. In addition, civil service employees who request unpaid leave must also be in accordance with civil service rules and regulations covering such request.
F. An eligible employee's FMLA leave entitlement is limited to a total of twelve workweeks of leave during any twelve-month period. The twelve-month period begins with the first day of the leave.
(2) The notification provided by the Finance Director or his/her designee will include a notice of the employee's rights and responsibilities under FMLA, a request for medical certification from the employee's own health care provider or that of the immediate family member (if the leave is to care for such individual) and a waiver form.
A. The employee will be responsible for supplying either the required medical certification for his/her own health care or that of the immediate family member or the waiver within fifteen days of the request by the City.
B. The City retains the right to request periodic medical certifications in order to establish the employee's ongoing need for medical leave in accordance with the conditions established in the FMLA request.
C. Failure to return the waiver or the medical certification by the date established by the City will be considered an express waiver of your right to request FMLA leave and your absence may be considered unauthorized.
D. If the City questions the validity of an employee's health care certificate, the City may request that the employee obtain the opinion of a second health care provider designated by the City. If the second opinion differs from the original certification, the City may require the opinion of a third health care provider jointly selected by the City and the employee. The City will pay for both the second and third exams. The third provider's opinion will be considered final and binding on both parties.
E. In the event an employee on family leave requests an intermittent or reduced leave schedule, the Finance Director or designee will consult with the department head to determine if such a schedule can be approved with minimal disruption to services. An employee on medical leave may take intermittent or reduced leave as certified by his/her health care provider. However, the City retains the right to make a temporary transfer of the employee to an alternative position with equivalent pay and benefits if the temporary position better accommodates recurring periods of leave than the employee's regular position.
(3) Once an employee reaches the twelve week period of job protection provided by FMLA, his/her position with the City is subject to layoff and/or termination if deemed necessary and with legitimate reason, under the Department of Labor's provisions, unless further leave is authorized by the Mayor.
(4) In addition, the National Defense Authorization Act (NDAA) for 2008 amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:
A. Eligible employees are entitled up to twelve weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.
B. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled up to twenty-six weeks of leave in a single twelve-month period of care for the service member. The military caregiver leave is available during "a single twelve-month period" during which an eligible employee is entitled to a combined total of twenty-six weeks of all types of FMLA leave.
(d) Compensation and Benefits While on Family or Medical Leave.
(1) Medical leave.
A. Employees on FMLA leave must use their accrued leave time, (Sick leave, vacation, personal time, compensatory time, in that order unless otherwise specified in this policy) during the period of their FMLA leave. Accrued leave (including accumulated and earned while on FMLA) shall be used for all hours while on FMLA until exhausted or until the employee returns to work (whichever is sooner).
B. Post-partum female employees can only use accrued sick time for that portion of the family leave which is certified as medically necessary (e.g., immediate post-partum recovery of approximately six weeks) then accrued vacation and personal time (in that order) until all such time is exhausted or until the employee returns to work.
C. Male employees who request leave following the birth or adoption of a child may only use accrued sick time for that portion of the family leave which is certified as medically necessary to care for his spouse and/or child, then accrued vacation and personal time (in that order) until all such time is exhausted or until the employee returns to work.
D. An employee will not be required to use all paid leave benefits, if he/she is on a medical leave due to a compensable injury resulting from a certified workers' compensation claim.
(2) Healthcare coverage.
A. Throughout the approved duration of the family or medical leave, the City will continue to pay premiums for City-sponsored health care, prescription and life insurance policies held by the employee prior to the start of the leave in the same percentage and amount as paid prior to the start of the leave.
B. Employees are responsible for the timely payment of their portion of such premiums.
(e) Return to Work.
(1) An employee wishing to return to work before the scheduled end of a leave must give at least two working days advance notice to his/her supervisor.
(2) If the employee is on a medical leave due to a serious health condition, the employee will be required to provide a fitness-for-duty certification before the employee is permitted to return to work.
(3) Upon return from a family/medical leave, an employee will be restored to the position held when leave commenced, or a position with equivalent benefits, pay, and other terms and conditions of employment if the same position is no longer available or vacant.
(4) If an employee is no longer qualified for the position because of his/her inability to attend a necessary course, renew a license, etc. as a result of the leave, the employee shall be given a reasonable opportunity to fulfill those conditions upon return to work.
(5) All benefits accrued prior to the leave will remain intact, however, the employee will not accrue benefits during any unpaid portion of the leave.
(6) An employee who fails to return to work at the expiration or cancellation of an approved family/medical leave of absence, without satisfactory explanation to the department head, will be terminated. The employee's termination date will be established as the first day following the date on which the FMLA leave period expires. In such event, the employee is required to reimburse the City for the cost of benefits paid during any unpaid leave.
(Ord. 1995-033. Passed 1-24-95; Ord. 2022-096. Passed 11-22-22; Res. 2024-007. Passed 2-13- 24.)