(A) The Family and Medical Leave Act of 1993 (“Act”) provides eligible employees with up to 12 weeks of unpaid leave for their own serious health condition which makes the employee unable to perform the essential functions of his or her job, the birth or care of a newborn child, the placement with the employee of an adoptive child or a foster care child, or the care of the employee’s child, spouse or parent with a serious health condition.
(B) All requests for Family and Medical Leave Act leave must be submitted in writing to the supervisor for determination. Such requests shall be supported by medical certification on FMLA forms provided by the town.
(C) For an employee to be eligible for Family and Medical Leave, the employee must have been employed by the town for at least 12 months, and to have worked 1,250 hours within the previous 12-month period. For purposes of time worked, the town will follow the IRS guidelines, which currently state that any time employed prior to a seven-year break in service will not be counted toward the 12 months employed.
(D) The town requires medical certification to support a claim for leave for an employee’s serious illness or the serious illness of a child, spouse or parent. For an employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of their position. For leave to care for a seriously ill child, spouse or parent the certification must include an estimate of the amount of the employee’s time that will be needed to care for the child, spouse or parent. The town reserves the right to require a second medical opinion from an independent medical provider. The town will pay for the second opinion and will designate a provider who is not an employee of the town. If the two opinions conflict, the town will pay for a third opinion. The opinion of the third provider is final and binding on both the town and the employee.
(E) When an employee plans to take family or medical leave under the Act, the employee is required to give the employee’s supervisor 30 days written notice or if this is not possible, as much notice as is practical.
(F) An employee undergoing planned treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the town operations.
(G) The town may require an employee to report periodically during the leave period on the employee’s leave status and the employee’s intention to return to work. The town may consider an employee failure to report to work at the end of the leave period as an employee resignation.
(H) The employee may choose or the supervisor may require the employee to use any sick leave, compensatory leave, paid time off, or regularly scheduled holidays for any part of the 12-week period of FMLA leave.
(I) Sick leave shall not continue to accrue during the period of the employee’s FMLA leave; however, the employee remains responsible for their share of any benefits costs. Any health plan, including self-insured plans, provided by the town will be continued for the employee on Family and Medical Leave on the same terms as such coverage would have been provided if the employee had continued their work during the period that they were on leave covered by the Family and Medical Leave Act; provided that, if the employee fails to return to work, the employee must repay the premium costs, unless the employee’s failure to return to work is beyond the employee’s control.
(J) An employee who completes a period of leave will be returned either to the same position the employee was in prior to the leave or to a position equivalent in pay, benefits and other terms and conditions of employment.
(K) For purposes of calculating an employee’s entitlement to subsequent FMLA leave, the “12-month period” is measured forward from the date when the employee’s previous FMLA leave began. For example, under this method an employee would be entitled to 12 weeks of leave during the year beginning on the first date FMLA is taken (such as March 5, 2003); the next 12-month period would begin the first time leave is taken after completion of that 12-month period ending (such as March 4, 2004).
2015 S-10
(L) FMLA leave to care for a newborn child or a newly adopted child must be taken within 12 months from the date of birth or the date of placement. If both the husband and wife work for the town, their combined total leave is limited to 12 weeks.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 10-10, passed 6-28-2010; Am. Ord. 2012-05, passed 1-9-2012)