(a) General Rules Governing Leave and Attendance. The importance of regular work attendance cannot be overemphasized in terms of productivity, efficiency, and the ultimate ability of the City to accomplish its goals. Employees are expected to maintain regular attendance and report for work on time except for time off which is approved by management under the following leave provisions. Abuse of time-off privileges and/or unauthorized absences will be dealt with in accordance with the City's policy.
Employees may not leave work during their shift or while on duty for the City to perform work for another employer or for other employment, except on an occasional basis as may be approved each time by the City Manager when arrangements have been made for make-up time equal to the time the employee is absent. Employees are not prohibited from performing other employment during time off so long as it does not substantially interfere with their employment by the City.
Paid leave is an employee benefit designed to enhance overall efficiency, maximum productivity, and high morale. Both annual and sick leave are personal to the individual employee, and shall not be loaned, donated, or sold to another employee under any circumstances. Employees and/or managers apprehended in such practice shall be subject to disciplinary action. Employees shall be granted authorized leave only for its intended purpose. This section prescribes the types of leave authorized for City employees. The City Manager, through appropriate members of his/her staff, shall develop and implement appropriate administrative instructions and procedures for accurate accountability of all paid leave.
Total creditable service for leave accumulation purposes shall be computed from the date of appointment to, or conversion to, a permanent full-time position with the City. Employees who formerly occupied permanent full-time positions, convert to other than full-time permanent status, and later return to permanent full-time status within ninety (90) calendar days shall have their former permanent full-time service credited for leave accumulation category purposes. Permanent full-time employees who are also members of one of the reserve components of the United States Armed Forces and who are called to active duty for short periods of training (not to exceed 15 calendar days in any given 12 month period) or emergency military duty (not to exceed 30 calendar days in any given 12 month period) shall continue to accumulate annual and sick leave during such periods and shall be credited with such service for leave accumulation category purposes.
(b) Accumulation of Leave During Periods of Absence. Permanent full-time employees shall continue to accumulate annual and sick leave and shall be granted service credit for all periods of absence in any authorized paid leave status. A permanent full-time employee in a non-pay status while receiving benefits under the Worker's Compensation Act shall not accumulate sick leave or annual leave. An employee who enters an extended active duty with a component of the Armed Forces of the United States shall not accumulate annual or sick leave, but the period of active duty shall be creditable service for leave accumulation category purposes, provided the employee applies for reinstatement to his/her former position with the City within ninety (90) calendar days after date of discharge from the military service.
(c) Vacations.
(1) Employees shall be entitled to one (1) full week of vacation (annual leave) upon their hire date. Such vacation must be used during the remaining work days left in the year of employment after their hire date.
(2) A week's vacation (annual leave) shall be understood to mean seven (7) calendar days, with five (5) days' pay.
(3) Except for the first year of employment, eligibility for vacation (annual leave) shall be determined by the number of hours worked in the year previous to the vacation (annual leave).
A. Employees of all departments shall be required to work at least 1,040 hours in the year immediately preceding the vacation year to be eligible for vacation (annual leave) in that year.
B. Vacation days, sick leave days, holidays not worked, parental leave, and leave without pay shall not be counted as hours worked to determine vacation (annual leave) eligibility.
C. Overtime hours, military leave (in case of a national emergency), and normal military leave (not to exceed 1.5 days) shall be counted as hours worked to determine eligibility for vacation (annual leave) time.
(4) All employees must schedule their vacations during a full calendar week. Employees must use their accrued vacation during the year earned. Department Heads will be responsible for enforcing that employees use their accrued vacation within the twelve months issued.
(5) Vacations will not be scheduled for less than seven (7) consecutive days and shall be scheduled in one (1) work week increments.
(6) Any City employee may, with appropriate approval, convert five (5) vacation days to be used non-consecutively. Such converted days must be used in increments of not less than four (4) hours.
(7) Should an employee choose to use one (1) week of their vacation such days shall be at the discretion of the department head.
(8) The amount of vacation (annual leave) time each employee receives shall be determined by the employee's anniversary date as follows:
Hire date | 1 Week | 40 Hours Pay |
(New hirees shall use the 1 week vacation between the hire date and before December 31st of their first year) | ||
1st day of January after hire date | 1 Week | 40 Hours Pay |
1st Year Anniversary + 1 Week = | 2 Weeks | 80 Hours Pay |
2nd, 3rd, 4th Years | 2 Weeks | 80 Hours Pay |
5th Year Anniversary | 3 Weeks | 120 Hours Pay |
10th Year Anniversary | 4 Weeks | 160 Hours Pay |
15th Year Anniversary | 5 Weeks | 200 Hours Pay |
20th Year Anniversary | 6 Weeks | 240 Hours Pay |
25th Year Anniversary | 7 Weeks | 280 Hours Pay |
(9) Any employee on vacation shall not be considered for overtime or call out during the full calendar week in which the vacation occurs.
(10) When a holiday observed by the City falls during an employee's scheduled vacation period, said employee shall receive eight (8) hours of holiday pay at a straight time rate in addition to his/her normal vacation pay or a holiday off at later date with department head's approval.
(11) On or before December 1 of the year preceding the calendar year in which vacations are to be taken, vacation preference forms shall be given to all eligible employees by their Department Head. Employees must return these vacation selection forms by January 15 of the calendar year in which the vacation occurs.
A. Employees will be given vacation preferences by order of seniority, with the most senior employees being given first choice.
B. First choice vacations shall be limited to a maximum of two (2) weeks until all department employees have been granted vacations.
C. Third and fourth week vacations shall then be granted by seniority in those weeks in the calendar year in which no other department employee has chosen a first choice vacation.
D. Employees not returning their vacation preference form by January 15th of the vacation year shall be assigned vacation weeks at the discretion of the department head, after all other employee vacations have been scheduled.
(12) Departments that have less than nine (9) employees shall allow only one (1) employee off on vacation at a time.
(13) Departments that have more than nine (9) but less than eighteen (18) employees shall allow only two (2) employees on vacation at a time.
(14) Vacation schedules shall be posted in each department by the department head in plain view and easily accessible to all employees.
(15) A copy of all vacation schedules shall be sent to the City Manager by each department head or other individual responsible for vacation posting and such copies shall be given to each Council member.
(16) Annual Leave Administration. To ensure that employees do not forfeit annual leave which they would otherwise accumulate, department heads should establish a tentative annual leave schedule for their activities each year. Insofar as workload and other pertinent factors permit, employees shall be allowed to use their annual leave according to their personal desires; however, the final decision to approve or disapprove requests for annual leave shall rest with the department head. Employees shall not be placed on annual leave as a disciplinary measure. Annual leave shall be requested and approved in writing on a form prescribed by the Director of Finance. Under no circumstance shall annual leave be granted in advance of its accrual in accordance with this article.
(17) Lump Sum Payment. Employees shall be paid for all accumulated annual leave to their credit on the date of their separation from employment with the City of Moundsville. Payment shall be computed by multiplying the employee's hourly rate of pay at the time of separation by the number of hours of accumulated annual leave to their credit.
(18) Changing Positions: Payment For Credit. Permanent full-time employees who convert to other than full-time positions in which they are not eligible for paid leave shall be paid for any accrued annual leave to their credit at the time of placement in the new position.
(Ord. 5-16-23.)
(d) Sick Leave. Sick leave is paid time off from work by reason of: personal illness or injury (except job incurred injury) sufficient to preclude performance of official duties; exposure to a contagious disease that could jeopardize the health of others; illness or incapacity of a dependent member of the employee's immediate family requiring the presence of the employee (for this purpose "immediate family" is defined as the employee's spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister, foster parent, or guardian); routine visits to doctors, dentists, or other medical specialists; or other circumstance of physical incapacity. Sick leave shall be accumulated and credited to the employee's individual leave account on a calendar month basis.
(1) Covered employees.
A. An employee must have completed their six month introductory period for employment before being eligible for sick leave. Upon completion of the six month introductory period, sick leave will be retroactive to date of employment.
B. Temporary, seasonal, or part-time employees are not eligible for sick leave. (Passed 2-20-01)
(2) Sick leave accrual.
A. Each eligible employee will receive one working day of sick leave for each month worked.
B. Sick days will be accumulated on the first day of the month for the previous month.
C. The maximum sick leave a full-time employee may accumulate is 300 days. No sick leave shall be accumulated beyond the maximum permitted by this section. (Passed 4-20-04)
(3) Charge to Sick Leave. Charges to sick leave shall be as follows:
A. Employees on a forty (40)-hour workweek shall be charged sick leave in one (1) hour increments on the basis of one (1) hour of sick leave for each hour of absence. The minimum charge shall be one (1) hour.
B. Substitution of sick leave for annual leave. If illness occurs during a period of annual leave, approved sick leave may be substituted for annual leave on the basis of one (1) hour of sick leave for one (1) hour of annual leave.
(4) Negative pool.
A. After the first year of employment, an employee may utilize a negative sick leave pool of twelve (12) days in the event of an extended illness in which all accumulated sick leave has been exhausted. City Manager approval must be granted before the negative sick leave pool can be utilized.
B. In the event an employee has an extended illness beyond the twelve (12) day negative pool as granted by the City Manager, requests for additional negative pool days must be taken before Council for approval.
C. In granting negative pool extensions, Council shall consider the following:
1. Years of service;
2. Past work performance;
3. Past sick leave;
4. Department head recommendations.
D. Any employee may use unused vacation days, if they desire, to replace sick days in the negative pool.
E. Termination policy. Any City employee that terminates employment with the City of Moundsville, either voluntarily, involuntarily, or as a result of disciplinary action shall have deducted from any accumulated annual leave the sum total of all days owed to the "sick leave" policy negative pool.
(5) Call off procedure.
A. Any employee reporting in sick shall contact the City Dispatch Center a minimum of one hour prior to his/her scheduled starting time.
B. Dispatchers shall prepare a report to be provided to the employee's Department Head and the City Manager.
C. Violation of this procedure may subject an employee to loss of pay and/or other disciplinary actions.
(6) Medical certification.
A. Medical certification may be required when deemed administratively necessary. (Passed 9-1-98)
B. Medical certification shall be required in all cases after an employee has utilized sick leave for any occurrence consisting of three (3) or more consecutive days. Medical certification must be provided prior to payment of sick leave benefits or wages due. (Passed 5-3-05)
C. Any employee failing to provide satisfactory medical documentation when required shall be in violation of this section, shall not receive sick leave pay, and may be subject to disciplinary action.
(7) Call off on holidays.
A. Any scheduled employee calling off sick on a holiday will be granted holiday pay only. Sick leave will be counted toward sick leave occurrence but not deducted from accrual.
(8) Coordination of benefits.
A. Election of Option. An employee absent from work due to a work related injury or illness may elect to receive accumulated sick leave or temporary total disability benefits, but not both for the same period of absence. The employee must complete an "election of option" form designating his or her election and the form must be filed with the Report of Occupational Injury. If the employee does not file the "election of option" form, the default option is accumulated sick leave.
B. Interim Payment of Sick Leave. An employee electing to receive temporary total disability may collect sick leave benefits, and, upon exhaustion of sick leave benefits, annual leave benefits until he or she receives temporary total disability benefits. Upon receipt of the initial temporary total disability payment the employee shall pay or assign to the City the net value of the sick leave, or sick and annual leave paid, after which his or her sick leave and annual leave, if used, shall be restored.
C. Temporary Total Disability After Exhaustion of Sick Leave. An employee electing to receive accumulated sick leave may receive temporary total disability benefits upon exhaustion of his or her accumulated sick leave if he or she remains eligible for such temporary total disability benefits under the Workers' Compensation Act.
D. Annual Increment Pay. An employee electing to receive accumulated sick leave continues to accrue annual increment pay and years of service credit while being paid sick leave. An employee electing to receive temporary total disability benefits continues to accrue annual increment pay while receiving temporary total disability benefits but does not accrue credit for years of service.
E. Leave. An employee electing to receive accumulated sick leave continues to accrue sick and annual leave and service credit. An employee electing to receive temporary total disability benefits shall apply for a medical leave of absence without pay, and, for purposes of leave, is treated the same as any other similarly situated employee granted a medical leave of absence without pay.
F. Police and Fire Department employees receiving temporary disability pension benefits may elect to receive sick leave pay, provided that sick pay shall be reduced so that the combination of pension benefits and sick pay does not exceed an employee's regular rate of pay. Employees shall be charged only with the amount of sick leave actually used.
G. Police and Fire Department employees receiving temporary disability pensions and Workers' Compensation shall not be eligible for sick leave pay.
H. Employees on sick leave shall continue to be covered by the City's hospitalization and life insurance on the same basis as other employees for a period of six months after expiration of all sick leave.
I. Employees shall not lose seniority benefits as a result of the utilization of sick leave. (Passed 5-20-03)
(9) Retirement options. When an employee reaches retirement age, defined for the purposes of this section only, as accumulating years of service with the City plus his or her age equal to 70 or greater, the employee shall have the following right, and be given the choice, to accept one of the following:
A. A lump sum payment for accumulated sick days equal to one hundred percent (100%) of the monetary value of the accumulated sick days, based on their hourly wage at the time of their retirement; or
B. A retiring employee may receive a paid hospitalization plan, based on the hourly wage of the employee at the time of retirement and the cost of such hospitalization insurance in effect at any given time, and as the cost of the same should change from time to time, e.g.
Employee's accumulated sick days at time of retirement 100 days
100 x Employee's Hourly wage
$80.00 a day ($10.00 an hour) = $8,000.00
Cost of insurance per month $500.00
Employee's accumulated value @ 100 % of parity = $8,000.00
Divided by Insurance cost per month = ÷$500.00
Months of paid health insurance received by employee = 16
Employee would receive 16 months of paid health insurance. (Ord.11-3-10)
C. All necessary taxes shall be withheld from the sick leave cash settlement and the paid hospitalization insurance. This includes state, federal, FICA, Medicare, and whatever other obligations are imposed by law at the time of the receipt of the same.
D. Further, the benefits provided in subsection "A" above shall be available upon the death of an employee, regardless of the employee's age or years of service, to a survivor or survivors that the employee has pre-selected in writing and provided to the City Manager. If the employee fails to make such pre-selection, this benefit shall be paid to the employee's spouse if married at the date of death. If the employee has failed to pre-select and has no surviving spouse, this benefit shall lapse and not be payable to any person. (Passed 7-15-08)
(10) Budget preparations. During budget preparations, each Department Head shall project the accumulated sick time of each employee who will reach retirement age during that fiscal year.
This list will be provided to the Finance Director for inclusion into the budget.
(11) Deposits. The City Manager shall cause a sum of money, equal to the monetary value of all employees' accumulated sick days, to be deposited in an account of interest bearing nature each year. Such account to be held exclusively for the purpose of meeting the financial requirements of the sick pay policy.
(12) Presentation of expenses. The City Finance Officer shall present to the City Manager (who will in turn present to City Council) such expenses of this sick pay plan. Such expenses are to be included in the budget as encumbered money.
(13) Cessation of funding. In the event the sick pay fund reaches a funding level sufficient to cover future expenses plus twenty-five percent (25%) of projected funds needed to keep the fund solvent, payments to the fund will stop until such need exists again.
(14) Abolishment. In the event future Council deems it necessary to abolish sick days for City employees, employees with sick days accumulated will be compensated equally from this fund and the fund abolished.
(15) Abolishment compensation. Compensation will be determined by the number of sick days accumulated and the hourly rate of pay of each employee. Under no circumstances will any employee receive more than one hundred percent (l00%) of parity of money due them under this program.
(16) Employee package. Since "sick pay" is a gratuitous action of City Council, it is Council's desire to improve attendance at work of its employees and to improve relations with the work force of its City. Therefore, be it understood that this Council considers this action to be an integral part of the agreement between Council and the City employees and is to be considered a part of the employee benefit package.
(e) Other Authorized Absences With Pay. Employees may request, and under the conditions and circumstances stated for each category of absence, may be granted time off from work without loss of pay or charge to leave as follows:
(1) Military duty. A military leave of absence will be granted to employees who are absent from work because of service in the United States uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required unless military necessity prevents such notice or it is otherwise impossible or unreasonable.
Employees will receive pay for two week training assignments and shorter absences. The portion of any military leaves of absence in excess of two weeks will be unpaid. However, employees may use any available paid time off for the absence.
Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible.
Employees on military leave in excess of two weeks are required to return to work for the first regularly scheduled day after the end of service, allowing reasonable travel time.
Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed, or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service. Contact the City Manager for information or questions about military leave. (Ord. 3/6/12)
(2) Court duty. An employee who is required to perform jury duty or to appear in court outside his/her regular prescribed official duties as a witness on behalf of the City of Moundsville, or the U. S. Government, may upon presentation of court order, subpoena, summons, or other judicial notification, be granted sufficient time off to perform such duties. Employees called to jury duty should be compensated for jury duty by reimbursing an employee the difference between jury pay and the employee's regular pay.
(3) Education. Under circumstances in the opinion of the City Manager and Council wherein the interests of the City and the community are served by such action, a permanent full-time employee may be granted paid time off for education purposes. Such time off may be without loss of pay (either full salary or any lesser amount to include full or partial payment of benefits determined to be appropriate) or may be charged to leave, must be recommended by the employee's department head, and approved by the City Manager and Council. The recommendation to allow paid time off under the provisions of this section shall be in writing, shall show specifically how the course of study relates to the employee's present position or reasonable promotional objectives within the City, and shall show specifically how the City and/or the community's interest will be served. Any specific future service obligations and/or payments shall be supported by a written agreement signed by the employee, his or her department head, and the City Manager.
(4) Emergencies. The City Manager may at his/her discretion close all or any part of the City governmental structure when, in his/her judgment, a situation exists which endangers life or City property, which involves the safety and welfare of employees, or which otherwise warrants such action. In such cases all employees involved in such cessation of activities may be excused from duty without loss of pay or charge to leave for a period not to exceed one (1) workday during each such period of closure. Any further time off shall be charged to annual leave, sick leave, or leave without pay as appropriate and available to individual employees.
(f) Funeral Leave and/or Memorial Service.
(1) All full time City employees shall be granted three (3) days of paid funeral leave in the event of the death of any of the following family members i.e.; wife, husband, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, grandparents, step-child, grandson, granddaughter, or live-in member of the employee's family that currently resides with the employee for more than five (5) years.
(2) All City employees shall be granted one (1) day of funeral leave to attend the funeral services of the following: great grandparents, brother-in-law, sister-in-law, uncle, aunt, nephew, niece, son-in-law, and daughter-in-law.
(3) In the event a death occurs in the family of a City employee while he is on vacation, the three (3) days or one (1) day, whichever is applicable, will be added to the employee's vacation at the end of the vacation period. In the event the additional time at the end of the vacation period conflicts with the normal vacationing schedule and creates an uncompromisable situation in the department's vacationing schedule, the department head may (with the City Manager's approval), either reschedule such days at a more convenient time, or pay the employee for the number of eligible days at a straight time rate of pay.
(4) In the event authorized days of funeral leave are not enough to complete all arrangements necessary to the employee's situation, additional days may be applied for, by written request, to the department head and the City Manager. Such days must come from the employee's annual leave days or from accumulated sick leave.
(5) Funeral leave days are non-accruable, non-earned days and cannot be carried over, transferred, traded, or applied to any other type of leave described in this policy regulation.
(6) Compensation for funeral leave days shall be paid at the employee's straight time rate.
(7) In the event of the death of more than one member of an employee's immediate family at the same time or within two (2) calendar days of the first family member's death, additional days may be granted to the affected employee at the discretion of the department head and the City Manager. Such additional time is not to exceed two (2) days. This applies only to subsection (f)(1) hereof.
(g) Family and Medical Leave. If eligible, employees of the City of Moundsville, are allowed to take unpaid Family and/or Medical Leave under federal law, the Family and Medical Leave Act (FMLA).
(1) Eligibility
To be eligible for leave, you must be employed by the City for at least 12 months. In addition, in the 12 months immediately preceding the beginning of the leave, you must have worked at least 1,250 hours to qualify for federal FMLA.
(2) Amount of Leave Available
As stated above, eligible employees are generally eligible for up to a total of 12 weeks of protected leave, except for service member family leave, within a rolling twelve-month period, measured backward from the date an employee uses any Federal leave for any combination of reasons listed below. Where leave is taken to care for a covered service member who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness, a spouse, son, daughter, parent, or next of kin may take up to 26 weeks of unpaid leave during a single 12-month period.
Under the federal FMLA, spouses employed by the City are jointly entitled to a combined total of 12 weeks of family leave for the birth or placement of a child for adoption or foster care, to care for a parent who has a serious health condition, and for any qualifying exigency regarding active duty of a family member in the military. (The federal FMLA does not cover care for a parent-in-law.) Spouses employed by the City are jointly entitled to a combined total of 26 weeks of family leave to care for a covered servicemember with a serious injury or illness.
(3) Type of Leave Available
A. Birth or Placement for Adoption or Foster Care: Family leave is available to eligible male and female employees for the birth of a child or for placement of a child with the employee for purposes of adoption or foster care. Federal leave must be completed within 12 months of the birth or placement.
Non-continuous leave. Federal leave may not be taken intermittently. See below for more details on intermittent leave.
Certification process. The need for leave must be documented by your treating healthcare provider through our medical certification process (see below) or documented proof of placement of a child.
B. Serious Health Condition of Employee: If, as an eligible employee, you experience a serious health condition as defined by federal law, you may take medical leave under this policy (see "Definitions" for the definition of serious health condition). A serious health condition generally occurs when you:
• Receive inpatient care in a hospital, hospice, or nursing home;
• Suffer a period of incapacity accompanied by continuing outpatient treatment/care by a healthcare provider; or
• Have a history of a chronic condition that may cause episodes of incapacity.
Non-continuous leave. Medical leave may be taken all at once or, when medically necessary, intermittently (see below).
Certification process. The need for leave must be documented by your treating healthcare provider through our medical certification process (see below).
Fitness-for-duty statement. A fitness-for-duty statement will be required in order for you to return from a medical leave. Failure to provide the statement will result in a delay in the return to work.
C. Serious Health Condition of Immediate Family Member: If, as an eligible employee, you need family leave in order to care for your son, daughter, spouse, or parent who experiences a serious health condition as defined by federal law (see "Definitions" for definitions of child, spouse, parent, and serious health condition), you may take medical leave under this policy.
Non-continuous leave. Medical leave may be taken all at once or, when medically necessary, intermittently (see below).
Certification process. The need for leave must be documented by the family member's treating healthcare provider through our medical certification process (see below).
D. Active Duty Because of Any Qualifying Exigency: If, as an eligible employee, you need family leave because of any qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is on active duty, or has been notified that they will be called or ordered to active duty in the Armed Forces in support of a contingency operation, you may take family leave under this policy.
Non-continuous leave. Family leave for any qualifying exigency arising out of the active duty of a family member may be taken all at once or intermittently (see below).
Certification process. The need for leave must be documented by a certification in a form and in such manner as the U.S. Department of Labor and the Secretary of Defense prescribe (see below).
E. Servicemember Family Leave: If, as an eligible employee, you need family leave to care for a covered service member who is your spouse, son, daughter, parent, or next of kin, and who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty, you may take up to 26 weeks of unpaid leave during a single 12-month period under this policy.
Non-continuous leave. Service member family leave may be taken all at once or, when medically necessary, intermittently (see below).
Certification process. The need for leave must be documented by the family member's treating healthcare provider through our medical certification process (see below).
(4) Notifying the City of the Need for Family or Medical Leave
Generally, an application for leave must be completed for all leave taken under this policy. The need to take non-emergency leave should generally be requested from the Human Resources department at least thirty (30) days, or as soon as practicable, in advance of the need. In cases of emergency, verbal notice should be given as soon as possible (by your representative if you are incapacitated), and the application form should be completed as soon as practicable. Failure to provide adequate notice may, in the case of foreseeable leave, result in a delay or denial of the leave. It is your responsibility to notify your manager and Human Resources of absences that may be covered by FMLA.
You must provide sufficient information regarding the reason for an absence for the City to know that protection may exist under this policy. Failure to provide this information will result in delay and/or forfeiture of rights under this policy. This means the absence may then be counted against your record for purposes of discipline for attendance, etc.
(5) Medical Certification Process
In addition to an application for leave, you will be required to complete a medical certification form where leave is for a family member's or your own serious health condition. The certification form needs to be signed by the health care provider. A short-term disability certification may be sufficient where the information required is duplicative. These forms are available from Human Resources. Second or third certifications from health care providers and periodic recertification at the City's and/or your expense may be required under certain circumstances.
We may also require periodic reports during federal FMLA leave regarding your status and intent to return to work.
(6) Certification for Active Duty Because of Any Qualifying Exigency
In addition to an application for leave, you will be required to complete a Certification of Qualifying Exigency for Military Family Leave form and to furnish to the City in a timely manner any certification that your family member is issued regarding their active duty or call to active duty in the Armed Forces.
(7) Substituting Paid Leave for Unpaid Leave
Federal FMLA leave is unpaid. The City requires you to utilize annual leave time and sick time while on FMLA leave. You may also choose to use banked sick time that you accrued after you have exhausted your annual leave time. Use of annual leave and banked sick time runs concurrently with FMLA leave.
When an employee is absent due to a work related illness or injury that meets the definition of a serious health condition, the absence will be counted against the employee's entitlement under this policy. In other words, the employee is using FMLA leave concurrently with the workers' compensation absence. An employee is not required to substitute paid time off for an absence covered under workers' compensation.
You may be paid for all or part of a medical leave to the extent you are eligible for benefits such as short-term disability.
(8) Non-Continuous Leave
Intermittent and/or reduced leave will be permitted only when it is medically necessary or for a qualifying exigency/call to active duty as explained above. In all cases, the total amount of leave taken in a calendar year should not exceed your total allotment as defined earlier in this policy.
Intermittent and reduced schedule leave must be scheduled with minimal disruption to an employee's job. To the extent an employee or family member has control, medical appointments and treatments related to an employee's or family member's serious health condition should be scheduled outside of working hours or at such times that allow for a minimal amount of time away from work.
If you request non-continuous federal FMLA leave which is foreseeable based on planned medical treatment for purposes of providing care to a child, spouse, or parent with a serious health condition, for your own serious health condition, or for service member family leave, you may be required to transfer temporarily to an available alternative position offered by the City for which you are qualified and which better accommodates recurring periods of leave than your regular employment position. You will be entitled to equivalent pay and benefits but will not necessarily be assigned the same duties in the alternative position.
(9) Benefit Continuation During Leave
The City will maintain group health insurance coverage and other employment benefits (such as group life insurance, AD&D, health, and dependent flexible spending accounts, etc.) for you while on FMLA leave whenever such insurance was provided to you before the leave was taken and on the same terms as if you had continued to work. You will be required to pay your regular portion of insurance premiums - contact City Manager for an explanation of your options.
Benefits that are accumulated based upon hours worked shall not accumulate during the period of FMLA leave.
In some instances, the City may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave.
(10) Returning to Work
If the reason for FMLA leave is for your own serious health condition, you will be required to present a Fitness-For-Duty certification immediately upon return to work.
If you wish to return to work before the scheduled expiration of an FMLA leave, you must notify the City of the changing circumstances as soon as possible but no later than two (2) working days prior to your desired return date.
An employee who fails to return to work immediately after the expiration of the leave period will be considered to have voluntarily terminated his/her employment.
(11) Rights Upon Return From Leave
Upon return from Family or Medical Leave, you will be returned to the position you held immediately prior to the leave if the position is vacant. Certain exceptions exist for Key Employees as defined by law. If the position is not vacant, you will be placed in an equivalent employment position with equivalent pay, benefits, and other terms and conditions of employment. If you exhaust all leave under this policy and are still unable to return to work, your situation will be reviewed to determine what rights and protections might exist under other City policies.
The law provides that an employee has no greater rights upon a return from leave than the employee would have if the employee had continued to work. Therefore, you may be affected by a layoff, termination, or other job change if the action would have occurred had you remained actively at work.
If you do not qualify for the types of leave described in this policy, we may approve a personal leave of absence, depending on your circumstances. Except where mandated by law, we cannot guarantee that benefits will continue or that your position will remain open in your absence.
This policy provides an introduction to the rights and provisions of the federal FMLA. Questions you may have about this law should be directed to Human Resources. Department of Labor WHD Publication 1420 is attached to this policy and further explains the FMLA's provisions. See Appendix.
(12) Definitions
A. "Spouse" - A husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides.
B. "Parent" - A biological parent or an individual who provides or provided day-to-day care and financial support to the employee when the employee was a child. This includes foster parent, adoptive parent, step-parent, and legal guardian. Parent does not mean a parent-in-law.
C. "Child" - A biological, adopted, or foster child, stepchild, legal ward, or under the federal FMLA, the child of a person having day-to-day care and/or financial responsibility for the child who is under age 18. Child includes a person 18 years of age or older who is incapable of self-care because of a mental or physical disability. For Qualifying Exigency Leave or Servicemember Family Leave, the child does not have to be a minor (under the age of 18) and can be of any age.
D. "Incapable of Self Care" - The child requires active assistance or supervision to provide daily self care in three or more "activities of daily living" or "instrumental activities of daily living" including adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, or instrumental activities such as shopping, taking public transportation, maintaining a residence, etc.
E. "Physical or Mental Disability" - A physical or mental impairment that substantially limits one or more major life activities of the individual.
F. "Next of Kin" - Used with respect to an individual, means the nearest blood relative of that individual, other than spouse, parent, or child. See Human Resources for more details.
G. "Serious Health Condition" - Illness, injury, impairment, or physical or mental condition that involves:
• Inpatient care in a hospital, hospice, or residential medical care facility
• A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves: 1) treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by or under the orders of a health care provider; or 2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider. The first (or only) visit must occur in person within seven days of the first day of incapacity.
• Any incapacity due to pregnancy or for prenatal care.
• Chronic conditions requiring periodic treatment by or under the supervision of a health care provider which continue over an extended period of time and may cause an episodic rather than continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)
• Permanent/long-term conditions requiring supervision for which treatment may not be effective (e.g., Alzheimer's, a severe stroke, or the terminal stages of a disease).
• Multiple treatments by or under the supervision of 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 calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy), severe arthritis (physical therapy) or kidney disease (dialysis).
H. "Serious Injury or Illness" - In the case of a member of the Armed Forces, including a member of the National Guard or Reserves, an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. (Ord. 3/6/12)
(h) Leave Without Pay (LWOP). Absences may be charged to LWOP only when the employee has insufficient amounts of appropriate paid leave available to cover an approved absence, except in the case of employees who are also members of the organized reserve forces of any of the uniformed services of the United States when engaged in federally funded military duty, to include training duty. The granting of LWOP shall be at management's discretion, except in the case of military duty as specified in subsection (e)(1) hereof. An employee cannot demand that he/she be granted LWOP. LWOP may be granted when in the opinion of the department head it will result in increased job ability, protection or improvement of the employee's health, the retention of a desirable employee, and would be in the best interests of the City.
Costs and inconveniences to the City as a result of granting extended LWOP include encumbrances of a position, loss of services, complication of retention registers in event of reduction-in-force, and the obligation to provide employment at the end of the approved leave period. These costs and inconveniences shall be weighed against the benefits to be gained by granting LWOP.
Initial grants of LWOP may not exceed six months without City Manager and Council approval. If an additional grant is deemed justified, the employee's request for extension shall be submitted to the City Manager and City Council for approval.
(i) Fitness For Duty. In cases where an employee's continued and/or periodic absences severely impact productivity, the supervisor may arrange for a fitness for duty examination by a physician at the City's expense. The City Manager will assist supervisors and department heads in making these arrangements. If, in the opinion of the examining physician, the employee is unable to perform his/her assigned duties, the employee may be reassigned or separated from employment. If the examining physician finds the employee able to perform his/her assigned duties, it is then the Supervisor's responsibility to deny paid leave and/or leave without pay to such employees, and to take appropriate disciplinary action for excessive absenteeism. The events surrounding these actions shall be thoroughly documented and made a part of the employee's official personnel folder. However, no employee shall be terminated or disciplined in violation of the Americans with Disabilities Act.
(j) Managing Absenteeism. The most important consideration for supervisors in managing absenteeism problems is that of approval of absences and patterns of leave usage. Supervisors should exercise careful judgment in deciding whether or not to approve leave so that employees who have legitimate need or reason to be absent from work are not penalized. This can be accomplished through discussion with the employee and thorough review of his/her previous record, performance appraisal, and medical documentation.