(A) Pursuant to the Family and Medical Leave Act of 1993, as amended, being 29 U.S.C. §§ 2601 et seq., employees who qualify for this type of leave are eligible for up to 12 weeks of unpaid leave each year for any of the following reasons:
(1) The birth of a child or to care for a newborn child (the leave must be taken within 12 months of the date of birth);
(2) Placement with the employee of a child by adoption or for foster care (the leave must be taken within 12 months of the date of placement);
(3) To care for a spouse, child or parent who has a serious health condition; or
(4) A serious health condition which makes the employee unable to perform the functions of his or her job.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CHILD. A biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is under 18 years of age or who is older than 18 years of age and incapable of self-care because of physical or mental disability.
(2) FAMILY OR MEDICAL LEAVE. Any leave taken pursuant to this section or for any of the reasons listed in division (A) above.
(3) IN LOCO PARENTIS. An individual who has day-to-day responsibility to care for and financially support a child.
(4) PARENT. The biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a minor.
(5) SERIOUS HEALTH CONDITION.
(a) Any illness, injury, impairment or physical or mental condition that involves:
1. Inpatient care;
2. Continuing treatment by a health care provider for a long-term health condition that is incurable or so serious that, if not treated, it would likely result in a period of incapacity of more than three calendar days; or
3. Any period of incapacity requiring absence from regular daily activities for more than three calendar days and that also involves continuing treatment by a health care provider.
(b) Voluntary cosmetic treatments are not considered
SERIOUS HEALTH CONDITIONS unless inpatient care is required.
(6) SPOUSE. Either member of a married pair of the opposite gender in relation to the other; husband or wife.
(C) An employee who has been employed for at least 12 months and who has actually worked at least 1,250 hours during the 12 months immediately preceding the date the leave is to begin is eligible for 12 weeks of family and medical leave in a 12-month period. The 12-month period shall be measured backward from the date the employee uses family and medical leave. If a husband and wife both are employed by the City of Lawrence, they are permitted to take only a combined total of 12 weeks of family and medical leave during a 12-month period if the leave is taken for the birth of a child or after placement of an adopted or foster child, or to care for the child after birth or placement or to care for a parent with a serious health condition.
(D) An employee who desires an unpaid leave as described in this section must notify his or her supervisor of his or her intent to take a leave 30 calendar days in advance of the date the leave is to begin, unless the need for the leave cannot be anticipated, in which case notification must be given as soon as practicable. If an employee will be using only paid leave during his or her leave, departmental requirements for use of the leave time must be fulfilled.
(E) If the leave is for the serious health condition of the employee, all paid leave time must be exhausted prior to beginning the unpaid portion of the leave. Once paid leave time has been exhausted, the remainder of the leave shall be unpaid. An employee on family or medical leave due to his or her serious health condition or the serious health condition of a parent, child or spouse must submit a medical certification from a health care provider to his or her supervisor. The City may require the employee to obtain additional medical certifications at the City’s expense.
(F) An employee may take family and medical leave on an intermittent basis or by reducing the number of hours worked if medically necessary and if the leave is taken in order to care for a family member as defined in this section who is suffering a serious health condition or for the employee’s own serious health condition. Intermittent leave must be taken in increments of at least one hour.
(G) An employee on family and medical leave is entitled to remain on the City’s health insurance policy for the duration of the leave. To maintain coverage, the employee must continue to make his or her contribution to health insurance coverage. If the employee fails to make his or her contribution in a timely manner, health insurance coverage will cease. If an employee on family and medical leave notifies the City that he or she does not intend to return to work for the City, the City’s obligation to provide continued health insurance coverage shall cease.
(H) An employee will be required to provide a fitness for duty report prior to returning to work if the leave was due to his or her own serious health condition. At the end of his or her leave, an employee shall be restored to the same position the employee held when leave commenced or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment unless the employee has been affected by reorganization or reduction in force. Upon reinstatement, an employee who has allowed his or her health insurance coverage to lapse will be entitled to re-enroll. Certain key employees (as defined by the Family and Medical Leave Act) may be denied reinstatement if necessary to prevent substantial and grievous economic injury to the City.
(I) Upon the expiration of family and medical leave, additional leave may be requested in accordance with § 1-2-5-11.