(A) The town shall comply with all regulations as described in the Family and Medical Leave Act (FMLA) of 1993 including all subsequent revisions. This policy serves as a general description of employee's FMLA rights; therefore, in the event a conflict arises between this policy and applicable law, employees shall be granted all such rights allowed by law. Town of Monon shall adhere to the "General Notice Requirements" prescribed by the Department of Labor through the following actions:
(1) Posting required FMLA information explaining provisions of the Act and procedures for filing complaints of violations of the Act with the Wage and Hour Division of the Department of Labor. This information shall be posted prominently where it can be readily viewed by employees and applicants for employment; and
(2) Providing this general notice to each town employee by including the notice in the Personnel Policies Handbook or other written guidance to employees concerning employee benefits and leave rights. The general notice may be distributed electronically as deemed appropriate by the Town of Monon.
(B) Any full-time employee who has been employed by the Town of Monon for at least 12 months and who has provided at least 1,250 hours of service, shall be given up to 12 unpaid work weeks of leave during any 12-month period. This time would be used to recover from a serious health condition, care for a newly born or adopted child, or care for a spouse, parent or child who is suffering from a serious health condition.
(C) A serious health condition is an illness, injury, impairment or physical or mental condition, involving either inpatient care or continuing treatment by a health care provider.
(D) An employee may take leave for the birth or placement of a child only within 12 weeks of that birth or placement, and an employee must provide 30 days advance written notice before the date on which the leave would begin. If the employee is unable to provide 30 days written notice, he or she must provide "such notice as is practical".
(E) The employee must use their paid vacation and/or sick leave, during the 12 week period, to be paid bi-weekly according to the employee's normal work scheduled hours until exhausted.
(F) The employee desiring to take leave due to his/her own or a family member's serious health condition must provide certification of the condition from a health care provider including the following:
(1) The date on which the serious health condition in question began.
(2) The probable duration of the condition.
(3) Appropriate medical facts regarding the condition.
(4) A statement that the employee is needed to care for the family member along with an estimate of how long the care will be required, or a statement that the employee is unable to perform his/her duties because of the serious health condition.
(G) Failure to return from FMLA without written authorization from the town will be considered a voluntary resignation.
(Ord. 2022-13, passed 12-21-2022)