(A) Any FMLA leave taken will be counted against the 12 weeks’ leave per FMLA leave period allowed by statute. Any employee seeking to return to work after leave taken because of the employee’s own serious health condition must submit to a medical certification of fitness to return to duty signed by the attending health care provider before the employee will be allowed to return to work. Failure to comply with this requirement does not extend the leave.
(B) On return from FMLA leave, the employee will be returned 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.
(C) The city reserves the right to deny restoration to key employees, as defined by the FMLA regulations, where restoration will cause substantial and grievous economic injury to the operation of the city.
(D) If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. The employee may, however, fall under the Americans with Disability Act (ADA).
(Prior Code, § 39.31) (Ord. 04-O-1798, passed 4-21-2004)