(A) Employees who have worked for the city for at least 12 months and at least 1,250 hours during the prior 12-month period may take up to 12 weeks of unpaid leave (FMLA leave) for the following reasons:
(1) Both birth or care of a child of the employee;
(2) Placement of a child into the employee’s family by adoption or by a foster care arrangement;
(3) Care of the employee’s spouse, child or parent who has a serious health condition; or
(4) Inability of the employee to perform the functions of the employee’s position due to a serious health condition.
(B) Any employee using sick leave, vacation leave or compensatory time for any FMLA purpose will have that paid leave counted toward their 12 weeks of FMLA leave.
(C) Any FMLA leave taken by an employee during the preceding 12-month period will be used to determine the amount of available leave pursuant to the Family and Medical Leave Act.
(D) The right to family leave for the birth or placement of a child in an employee’s family may only be taken within the 12 months after the date of the birth or placement of the child. In the case of unpaid leave for the birth or placement of a child, intermittent leave or working a reduced number of hours is not permitted, unless both the employee and the City Manager agree in writing. If both spouses are employed by the city, the combined leave shall not exceed 12 weeks.
(E) For purposes of this policy, a serious health condition means an illness, injury, impairment or physical or mental condition that involves:
(1) Any period of incapacity or treatment in connection with or consequent to in-patient care in hospital, hospice or residential medical care facility;
(2) Any period of incapacity requiring absence from work or other regular daily activities for more than three calendar days that also involves continuous treatment by or under the supervision of a health care provider;
(3) Continuous treatment by or under the supervision of a healthcare provider for a chronic long-term health condition that is incurable or so serious that if not treated would result in a period of incapacity of more than three calendar days; or
(4) Prenatal care.
(F) In the case of unpaid leave for serious health conditions, the leave may be taken intermittently or on a reduced hours basis only if such leave is medically necessary. Where an employee requests intermittent leave or leave on a reduced hours basis due to a family member’s or the employee’s own serious health condition, the City Manager has the option, in their sole discretion, to require the employee to transfer to a temporary alternative job for which the employee is qualified and which better accommodates the intermittent leave or reduced hours leave than the employee’s regular job. The temporary position will have equivalent pay and benefits as the employee’s regular job.
(G) In order to be paid employees are required to use their available sick, vacation or compensatory time during the 12-week family leave period. That portion of the family leave of absence which is vacation time, compensatory time or sick time will be in accordance with city pay policies. The employee will be notified in writing that their vacation, sick and/or compensatory time will be counted towards the 12 weeks of family leave. If written notice is not given to the employee by the date of expiration of the leave, the leave will not be counted towards the employee’s available 12 weeks of family leave.
(H) When the necessity of leave is foreseeable due to the expected birth or placement of a child, the employee must provide the city with at least 30 days notice of the employee’s intention to take leave. If the date of birth or placement of a child requires the employee’s leave to begin in less than 30 days, the employee must provide notice as soon as practical. Where the necessity of leave is due to a family member’s or employee’s own serious health condition and is foreseeable based on a planned medical treatment, the employee must:
(1) Give at least 30 days notice, or soon as practicable, if treatment starts in less than 30 days; and
(2) Make a reasonable effort to schedule the treatment so as not to unduly disrupt the operation of the city, subject to the approval of the health care provider.
(I) Where the need of leave is unforeseeable, the employee must give notice as soon as practical.
Any leave request based on a family members or employee’s own serious health condition must be supported by certification from a healthcare provider. The employee must provide a copy of the certification to the city in a timely manner. Certification from the healthcare provider must contain the following:
(1) The date the serious health condition began;
(2) The possible duration of the condition; and
(3) The appropriate medical facts regarding the condition.
(J) If the leave is based on the care of a spouse, child or parent, a statement that the employee is needed to provide the care and an estimate of the amount of time that need will continue;
(K) If the leave is based on the employee’s own serious health condition, a statement that the employee is unable to perform the functions of his/her job.
(L) In the case of intermittent leave or leave on a reduced hours basis for planned medical treatment, the date the treatment is expected to be given and the duration of the treatment.
(M) During family leave of absence, the city will continue to pay the health insurance premiums for the employee; the employee must continue to pay his or her share of the dependent premium. Failure of the employee to pay his or her share of the health insurance premium may result in loss of dependent coverage. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the city for payment of health insurance premiums during family leave, unless the employee does not return because of the presence of a serious health condition which prevents the employee from performing his or her job or circumstances beyond the employee’s control.
(N) During unpaid leave, no benefits will be accrued.
(O) The city may require an employee on FMLA to report periodically on his/her status and the intention of the employee to return to work. Also, periodic recertification of the medical condition may be required. An employee taking family leave due to the employee’s serious health condition will be required to provide certification that the employee is able to resume work prior to returning to work.
(P) Employees who return to work from family leave of absence within or on the business day following the expiration of the 12 weeks are entitled to return to their job or an equivalent position without loss of pay or benefits.
(Q) In the event the employee cannot return to work at the end of the 12 weeks and the employee has exhausted all paid leave, the employee may, at that time, request a leave without pay. The request will be reviewed by the City Manager and the employee will be notified as soon as practical if the request is approved or denied.
(R) Applications for family leave of absence must be submitted in writing and signed by the employee’s immediate supervisor or department head. Applications should be submitted at least 30 days before the leave is to commence or as soon as possible if 30 days notice is not possible. Appropriate forms must be submitted to the Human Resource Department to initiate family leave or return to work.
(Ord. passed 10- -98; Am. Ord. passed 1-17-02; Am. Ord. passed 8-29-09)