(a) Family and/or Medical Leave Defined; Approved Circumstances. A family and/or medical leave of absences is defined as all approved absences available to eligible employees for up to twelve weeks of unpaid leave per year under circumstances that are critical to the life of the employee's family. Leaves may be taken:
(1) Upon the birth of the employee's child;
(2) Upon the placement of a child with the employee for adoption or foster care;
(3) When the employee is needed to care for a child, spouse or parent who has a serious health condition; and
(4) When the employee is unable to perform the functions of his or her position because of a serious health condition.
(b) Eligibility. To be eligible for leave under this policy an employee:
(1) Must have been employed for at least twelve months in total; and
(2) Must have worked at least 1,250 hours during the twelve-month period preceding the commencement of the leave.
The twelve-month period for which employees may be eligible for family and medical leave will be calculated on a calendar year basis.
(c) Certification. Medical certification is required to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse or parent. For the employee's own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position. For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. The Village, in its discretion, may require a second medical opinion and periodic recertifications at its own expense.
If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the Village may require the employee to transfer temporarily to an alterative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.
(d) Spouse Employees. Spouses who are both employed by the Village are entitled to a total of twelve weeks of leave (rather than twelve weeks each) for the birth or adoption of a child or for the care of a sick parent.
(e) Notice. When the need for leave is foreseeable, such as the birth or adoption of a child or planned medical treatment, the employee must provide reasonable prior notice and make efforts to schedule such leave so as not to disrupt Village operations. In case of illnesses, the employee will be required to report periodically on his or her leave status and intention to return to work.
(f) Benefit Continuation. Any employee who is granted an approved leave of absence under this policy is advised to provide for the retention of his or her group insurance coverages by arranging to pay the premium contributions during the period of unpaid absence.
If an employee elects not to return to work after completion of an approved unpaid leave of absence, the Village may recover from the employee the cost of any payments made to maintain the employee's insurance coverage unless the failure to return was for reasons beyond the employee's control.
(g) Leave of Absence Form. A family and medical leave of absence form must be completed in detail, signed by the employee, submitted to his or her immediate supervisor for proper approvals and forwarded to the Clerk's Office. If possible, the form should be submitted thirty days in advance of the effective date of the leave.
(h) Request for Leave. All requests for family and medical leaves of absence due to illness will include the following information attached to a completed request form:
(1) Sufficient medical certification stating:
A. The date on which the serious health condition commenced;
B. The probable duration of the condition; and
C. The appropriate medical facts within the knowledge of the health care provider regarding the condition.
(2) For purposes of leave to care for a child, spouse or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care.
(3) For purposes of leave for an employee's illness, the certificate must state that the employee is unable to perform the functions of his or her position.
(4) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.
(i) Use of Paid Benefits. Employees are required to use any paid leave, including paid vacation, paid sick leave and paid holidays concurrent with unpaid family and medical leave. Paid sick leave must be used concurrently with unpaid family and medical leave if the employee is unable to work due to his or her own serious health condition or to care for a family member with a serious health condition, as provided for in the Family and Medical Leave Act.
(j) Workers' Compensation. When a work-related illness or injury also causes a serious health condition and the employee elects to take Workers' Compensation benefits, other paid leave, such as vacation, sick time and holidays, will not be substituted, but the absence will count against the employee's family and medical leave entitlement.
(Ord. 2899. Passed 2-10-98.)
(Ord. 2899. Passed 2-10-98.)