As a result of the Federal Family and Medical Leave Act of 1993, signed into law on February 5, 1993, unpaid family and medical leave is available under certain circumstances. Therefore, the following will be the policy of the City of Geneva: Eligible full-time employees will be provided up to twelve weeks of unpaid leave during any twelve-month period for one or more of the following reasons:
• Birth of a son or daughter;
• Placement of a child with the employee for adoption or foster care;
• A serious health condition that makes the employee unable to perform the functions of the employee's job; and/or
• A serious health condition of a member of the employee's immediate family which requires the attendance and/or care of the employee.
(a) Eligible full-time employees are those employees who have been employed by the employer for at least twelve months and who have worked 1,250 hours during the previous twelve-month period.
(b) Immediate family, for the purposes of this policy, shall be defined as a:
(1) Spouse;
(2) Child, including stepchild; and
(3) Parent
(c) The twelve-month period, for the purposes of this family and medical leave policy, shall be determined as twelve months from the first date that the employee takes leave under this policy.
(d) A father and a mother, both working for the employer, are entitled to an aggregate total of twelve weeks of unpaid leave under this policy.
(e) An employee who exercises his or her options under this policy will be continued to be covered by the health insurance plan provided by the City.
Such coverage shall be under the same conditions as health insurance would have been provided if no leave were taken.
(f) If, at the conclusion of the maximum leave time allowed under this policy, the employee is unable to return to work, the employee may continue to participate in the health insurance plan by the employee paying the premiums, per COBRA regulations.
(g) Employees who take leave under this policy are entitled to return to the same or equivalent positions, with equivalent benefits, pay and other terms and conditions of employment. The employer may deny a position to an employee who is among the highest ten percent where the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer and where the employer notified the employee of its intent to deny restoration and the basis for the denial.
(h) Employees who are on unpaid leave under this policy shall not accrue any employment benefits during any period of leave, but shall maintain their seniority with the employer, provided that such employees immediately return to work at the conclusion of the leave.
(i) Employees, whenever possible, are to provide at least thirty days advance written notice to the employer before beginning to take leave under this policy.
(j) Leave resulting from the birth of a child or the placement of a child for adoption cannot be taken intermittently or on a reduced leave schedule, unless requested by the employee and approved by the employer. Employees who are requesting leave for childcare purposes must take the leave within twelve months of the qualifying event.
(k) Leave resulting from a serious illness of the employee, or an employee's spouse, child or parent, can be taken intermittently or on a reduced leave schedule when medically necessary.
(l) When leave is requested as a result of a serious health condition, the employer may require the employee to provide a written certification issued by a health care provider verifying said serious health condition.
(m) The employer may require a second or third opinion by a health care provider if there is doubt of the validity of the certification provided by the employee. The cost of said additional opinions shall be paid by the employer.
(n) Family Medical Leave Act will run concurrently with paid time off per the Family Medical Leave policy.
(o) At the time an employee exhausts Family Medical Leave Act leave and does not report to work or request an unpaid disability leave, the employee shall be considered terminated from employment with the City.
(p) Reinstatement following a duly authorized disability leave shall be in the form of a written statement by a reputable physician certifying that the employee's physical condition will enable him to perform the duties of his former position with the City.
(q) The City will follow the regulations set forth by the USERRA regarding military service.
(Ord. 2453. Passed 4-10-95; Ord. 3263. Passed 11-25-19.)