A. Eligibility. To be eligible for family and medical leave benefits, an employee must have worked for the city for a total of at least twelve months and have worked at least one thousand two hundred fifty hours over the previous twelve months. Eligible employees may receive up to a total of twelve workweeks of unpaid leave during a twelve-month period (measured backwards from the date the leave is first to commence) for one or more of the following reasons:
1. The birth of the employee's child;
2. The placement of a child for adoption or foster care;
3. To care for an immediate family member (spouse, child or parent) with a serious health condition. "Serious health condition" means an illness, injury, impairment or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility or continuing treatment or supervision by a health care provider; or
4. To take medical leave when the employee is unable to work because of a serious health condition.
All time taken off from work for any of the above reasons shall be counted against the remaining balance of FMLA leave.
Leave for the birth, adoption, or placement in foster care of a child must be completed within twelve months of the applicable event.
B. Required Use of Accrued Leave. The city shall require an employee to use all of the employee's accrued and unused sick and vacation days to cover leave prior to going on unpaid leave.
C. Requesting Family and Medical Leave and Medical Certification. Employees requesting family care and medical leave shall be required to provide: (a) thirty day advance notice when the need for the leave is foreseeable; (b) medical certification (both prior to the leave and prior to reinstatement); (c) periodic recertification; and (d) periodic reports during the leave. The medical certification must state the date the condition started, how long it is expected to last, and, if the leave is to care for an immediate family member, how long the employee shall be needed to provide care and that the serious health condition requires the employee to provide such care. If the leave is for the employee's own serious health condition, the certification must also state that the employee is unable to perform the essential functions of the employee's current position. When leave is needed to care for an immediate family member or the employee's own serious health condition and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt department operations.
If the employer has any doubt as to the validity of the certification, a second opinion may be required from a medical provider of the city's choice and at its expense. In addition, the city may require that a third opinion be obtained from a health care provider at the city's expense. In such an event, the opinion of the third provider shall be final and binding.
D. Reinstatement. An employee returning from an approved family and medical care leave of absence that does not exceed the maximum eligible length of leave shall be reinstated to his or her original position or an equivalent one with no loss of seniority or benefits that accrued prior to taking the leave. A medical release to return to work from a leave taken because of the employee's own serious health condition may be required from the employee's health care provider. An employee who does not return to work at the end of an authorized leave and does not obtain an approved extension of leave shall be regarded as having voluntarily resigned.
If an employee on leave is a salaried employee who is among the top ten percent of employees in terms of gross earnings and keeping the job open for the employee during the leave would result in substantial grievous economic injury to the operations of the city, reinstatement may be denied. In such cases, the city must give the employee a reasonable opportunity to return to work after notifying the employee of the intent to refuse reinstatement.
E. Continuation of Benefits. During an approved leave, the city shall continue to provide, if otherwise available, medical coverage under its group health plan on the same conditions that would have applied if the employee had not taken the leave. In no case shall the city continue to pay for such coverage for more than twelve weeks in any twelve-month period. The employee shall remain responsible for paying the employee's portion, if any, of the insurance premium, including the premium for dependent coverage, if available. Failure to pay premiums on a timely basis may result in a lapse of coverage. If the employee fails to return to work when the leave expires, the employee shall be required to reimburse the city for the group health insurance premium paid by the city on behalf of the employee during the leave unless the employee fails to return because of a continuation, reoccurrence, or onset of a serious health condition that entitles the employee to leave under this policy or due to circumstances beyond the employee's control.
No sick or annual leave shall accrue while an employee is on unpaid leave.
F. Intermittent Leave. Intermittent leave or reduced work schedule shall only be permitted if the employee suffers from a serious condition or if an employee's spouse, child, or parent suffers from a serious condition requiring continuing medical treatment. Intermittent leave must be scheduled with the employee's supervisor in advance of the need to take intermittent leave and must not unduly affect the city's business. The city may temporarily transfer an employee requesting intermittent leave to an alternative position under certain circumstances. (Ord. 435 § 10.6, 2001)