(A) FMLA. The Family and Medical Leave Act of 1993, enacted February 5, 1993, being 29 U.S.C. §§ 2611 et seq., allows for “eligible” employees to request and, if approved, receive up to a total of 12 weeks of unpaid leave. The city will calculate the leave date, based upon a rolling 12-month period, measured backward from the date an employee uses any FMLA leave. FMLA can be utilized for the following four circumstances:
(1) Because of the birth of a child of the employee and in order to care for the child;
(2) Because of the placement of a child with an employee for adoption or foster care;
(3) Because a spouse, parent, or child (including biological, adopted, foster, and stepchildren) of the employee has a “serious health condition” that requires care by the employee; or
(4) Because the employee suffers from a “serious health condition” that prevents the employee from being able to perform the functions of his or her position.
(B) Service member family leave program. This specifically provides that an eligible employee may take up to 26 weeks of FMLA leave to care for a spouse, son, daughter, parent, or next of kin (“nearest blood relative”) who is a covered service member.
(1) The service member must have a “serious illness or injury” incurred while on active duty that may render the member unable to perform the duties of his or her office, grade, rank, or rating and for which the member is:
(a) Undergoing medical treatment, recuperation, or therapy;
(b) An outpatient; or
(c) On a temporary disability retired list.
(2) This provision also defines several key terms, including “covered service member”, “next of kin”, and “serious injury or illness” as it applies to a member of the Armed Forces.
(3) The FMLA care-giver leave is available only during a single 12-month period.
(C) Start of FMLA and sick leave. The employee will be required to start FMLA leave at the same time he or she begins the extended sick leave.
(D) Eligible employee defined. An ELIGIBLE EMPLOYEE is an employee that has been on the city payroll for at least 12 months, and has worked at least 1,250 work hours during the 12 months preceding the request for leave.
(E) Requests. Requests are to be made in writing to the employee’s supervisor with approvals as required.
(F) Notice for birth or adoption. In the case of leaves for the birth or adoption of a child, an employee is required to provide not less than 30 days advance notice, or as much advance notice as possible, of the intent to take leave.
(G) Notice for foreseeable medical treatment. Employees seeking leave for a foreseeable medical treatment for himself or herself or a family member must also give 30 days notice, or as much notice as possible, and attempt to schedule the treatment so that the leave does not unduly disrupt city operations.
(H) Certification of leave. The city has the right to request that the medical leave be properly certified by the health care provider, and the employee is to provide such certification in a timely manner. If an employee requests a leave to care for a family member, the certification must confirm that this is necessary, and contain an estimate of the amount of time involved. When intermittent medical leave is sought, the certification must recite the anticipated dates and duration of treatment.
(I) Failure to return. Failure to return to work on the determined return to work day will be considered as a resignation by the employee.
(J) Utilization of accumulated paid leave.
(1) Employees are required to utilize accumulated paid leave for all or part of the FMLA 12-week period. Unpaid FMLA shall be authorized when all eligible accrued paid leaves have been exhausted (personal day, vacation). Family and medical leave and paid leave, for conditions that qualify under FMLA, run concurrently. The entire 12-week FMLA is not in addition to the paid leave, just any remaining portion after the paid leave time is subtracted.
(2) Any employee who is participating in the benefit provided through the city of long-term disability will not be required to continue using paid leave once he or she becomes eligible to begin receiving his or her long-term disability payment. The employee will be required to request this exception, in writing, at the time he or she files for FMLA.
(K) Insurance coverage during FMLA. Employees are entitled to maintain the same health benefits during the FMLA. However, it is the employee’s responsibility to make arrangements through the executive officer for his or her portion of the contribution of monthly premiums. Should an employee fail to return to work after his or her FMLA expires, the department head may recover from the employee, the city’s share of health insurance premiums paid during the period of unpaid FMLA. Insurance premiums may not be recovered if the employee fails to return to work due to the continuation, recurrence, or onset of a serious health condition or circumstances beyond the employee’s control.
(Ord. 2013-7, passed 8-28-2013)