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(A) Eligibility. Any employee who 1) has been employed by the employer for at least twelve (12) months, 2) worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period immediately preceding the commencement of the leave.
Eligible employees are entitled to a total of twelve (12) work weeks of leave for the following reasons:
• Because of the birth of a child of the employee, in order to care for that child.
• Because of the placement of a child with the employee for adoption or foster care.
• In order to care for the spouse, domestic partner or parent of the employee if that spouse or parent has a serious health condition, or in order to care of a son or daughter of the employee if that son or daughter has a serious health condition and is under the age of eighteen (18) or, if eighteen (18) years or older, is incapable of self-care because of a physical or mental disability.
• Because of the employee's own serious health condition, that makes the employee unable to perform the functions of his or her position.
The annual entitlement to twelve (12) work weeks of leave is measured on a "rolling" basis which looks backward to the twelve (12)-month period ending on the date an employee uses any FMLA leave. That is, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months.
(B) Hospital Care. Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with such inpatient care.
(C) Absence Plus Treatment. A period of incapacity of more than three (3) consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
• Treatment two (2) or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by a health care provider; or
• Treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
(D) Pregnancy. Any period of incapacity due to pregnancy or for prenatal care.
(E) Chronic Conditions Requiring Treatments. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
• Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health provider
• Continues over an extended period of time (including recurring episodes of a single underlying condition); and
• May cause episodic rather than a continuing period of incapacity (e.g, asthma, diabetes, epilepsy, etc).
(F) Permanent/Long-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but not be receiving active treatment by, a health provider. Examples include Alzheimer's, a stroke, or the terminal stages of a disease.
(G) Multiple Treatments (Non-Chronic Conditions). Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).
Ordinarily, unless complications arise, the common cold, the flue, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc. are example of conditions that do not meet the definition of a serious health condition and do not qualify for family and medical leave.
Substance abuse may be a serious health condition if the conditions of this term are otherwise met. However, family and medical leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than treatment, does not qualify for family and medical leave.
(H) Intermittent Leave. Leave may be taken intermittently or on a reduced hours basis when medically necessary, or to provide care or psychological comfort to an immediate family member with serious health condition. If an employee requests that his or her leave be taken on an intermittent or reduced hours basis, the employer may require the employee to transfer temporarily to an alternative position with equivalent pay and benefits that better accommodates recurring periods of leave than the employee's regular position.
(I) Spouse's Employed by Same Employer. A husband and wife who are both employed by the same employer are entitled to take only a combined total of twelve (12) weeks of leave during the applicable twelve (12)-month period if the leave is taken pursuant to reasons above, or to care of the employee's parent with a serious condition.
(J) Substitution of Paid Leave. Employees are required to use all available accrued paid leave concurrently with FMLA leave to the extent allowed by the FMLA. Any FMLA leave remaining after all applicable accrued leave has been exhausted will be without pay. Employees weekly worker's compensation benefits or benefits pursuant to a temporary disability benefit plan may not supplement these benefits with accrued paid leave unless doing so is agreed on by both the employer and the employee.
(K) Notice. If the necessity for leave is foreseeable, the employee must notify the employer in advance of his or her intention to take leave, at least thirty (30) days before the leave is to begin. If the thirty (30)-day notice is impracticable, the employee shall provide as much advance notice as is practicable. An employee giving notice of the need for unpaid FMLA leave must explain the reasons for the needed leave so as to allow the employer to determine that the leave qualifies under the FMLA. Failure to provide notice as required in this paragraph may result in delay of the leave.
(L) Medical Certification. All requests for leave for a reason set forth in paragraphs above must be supported by a certification issued by the health care provider of the employee or the health care provider of the employee's son, daughter, spouse, domestic partner or parent, as appropriate.
The employer will provide the certification forms for completion by the health care provider. Use of these forms is required. The employee must provide the certification within fifteen (15) calendar days after the employer requests certification, unless it is not practicable under the circumstances to do so despite the employee's diligent, good faith efforts. Where an employee fails to timely provide the required certification, FMLA leave may be delayed or denied.
When the employee provides a certification, which is incomplete or insufficient and the employer provides the employee with notice and opportunity to cure the deficiency, the employee will have seven (7) calendar days to cure the deficiency with a resubmitted certification.
The employer may obtain clarification and authentication of certifications, and may require recertification and fitness for duty certifications as allowed by federal regulation. Certifications may also be subject to second and third opinions.
(M) Return to Work. Where practicable under the circumstances, employees will be required to contact their immediate supervisor every two (2) weeks to report on the employee's status and intent to return to work. Where a change in circumstances modifies the anticipated duration of the FMLA leave, the employee must provide the employer reasonable notice, within two (2) business days, of the changed circumstances where foreseeable. An employee who fails to return to work or contact the employer regarding his or her status following conclusion of FMLA leave will be considered to have voluntarily quit the employment of the conclusion of the FMLA leave.
(N) FMLA for Military Families. An eligible employee who is the spouse, domestic partner, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury which was sustained or aggravated in the line of duty on active duty is entitle to up to twenty-six (26) weeks of leave in a single twelve (12) month period.
(O) Active Duty Family Leave (Exigency Leave). Eligible employees are entitled to up to twelve (12) weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, domestic partner, son, daughter, or parent of the employee is a member of any branch of the Armed Forces, including the National Guard or Reserves, and is on active duty in a foreign country or has been notified of an impending call to active duty status in a foreign country. This leave is subject to the same aggregate twelve (12) weeks of FMLA leave per rolling year as the traditional forms of FMLA leave.
Both types of military family FMLA leave are subject to certification or other verification requirements.
(P) General Provisions. The employer is the sole administrator of this policy and, as such, is the exclusive interpreter of its terms. The employer reserves the right to modify this policy at any time.
All provisions of this policy shall be interpreted consistent with the Family and Medical Leave Act of 1993, as amended.
For further information regarding employee rights and responsibilities under the Family and Medical Leave Act see WHD Publication 1420.
The Village is committed to providing equal employment opportunities to qualified individuals with disabilities. This includes providing reasonable accommodation where appropriate in order for a qualified individual, whether an applicant for employment or an existing employee, to perform the essential functions of the job in question.
It is the policy of the Village of Hamel to provide modified or alternate work when appropriate for an employee injured on the job, who is unable to temporarily or permanently return to his/her regular job classification. Regular modified and alternative work will be provided as available and appropriate in full compliance with the Americans with Disabilities Act (ADA).
It is your responsibility to notify the Village if you need an accommodation. We ask that you make any and all such requests to the Village President and in writing. After receiving your request, the Village will engage in an interactive dialogue with you to determine the precise limitation of your disability on your ability to perform the essential job duties of your position and explore potential reasonable accommodations that could overcome those limitations.
The Village encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, the Village is not required to make the specific accommodation requested by you and may provide an alternative, effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Village.
RECEIPT AND ACKNOWLEDGMENT
I acknowledge receiving a copy of the Village of Hamel Employee Handbook on the date written below. I agree to read the Handbook, study its contents, and follow its policies and procedures.
I understand and acknowledge that I am employed at will, meaning that I may resign from employment for any reason at any time, with or without cause or notice, and that the Village may terminate my employment for any reason at any time, with or without cause or notice. I understand that this description of my employment relationship with the Village supersedes any earlier oral or written representations or statements that may have been made to me. I also understand that the fact that I am employed at will, cannot be changed by any representative of the Village.
I understand that the Handbook replaces and supersedes any previous employee policies or manuals that I may have received from the Village. I also understand that it is distributed as a guide and summary of the Village's current policies, procedures, and guidelines, any of which may be changed or revoked by the Village at any time with or without notice to employees.
I understand that neither the Handbook nor any of the Village's policies or procedures is an express or implied contract.
Employee Signature
Employee Name (Printed)
Date
(Ord. No. 21-001; 2-9-21)
Part-time and seasonal employees can accrue one (1) day of paid, General Use Leave. Part-time and seasonal employees must work forty (40) hours to accrue one (1) hour of General Use Leave. Any part-time and seasonal employees may only accumulate a maximum of eight (8) hours of General Use Leave. Part-time and seasonal employees must use their General Use Leave in, a minimum of, two (2) hour increments. When General Use Leave is foreseeable, any part-time and seasonal employees wishing to use their General Use Leave must provide seven (7) days, written notice to their supervisor. When the use of leave is unforeseeable, any part-time and seasonal employees must provide their supervisor with written notice in a reasonable manner. General Use Leave cannot be accumulated and carried over and does not pay out upon termination or retirement of a part-time or seasonal employee.
(Ord. No. 23-022; 12-12-23)