(a) In accordance with the Family and Medical Leave Act of 1993, the Village employees who have worked at least 1,250 hours in the past twelve months shall be provided up to twelve weeks of unpaid leave each year for one or more of the following qualifying reasons:
(1) To care for a newborn son or daughter;
(2) For placement of a son or daughter with the employee for adopting or foster care;
(3) To care for a seriously ill spouse, child or parent; or
(4) Because of their own serious health condition.
Entitlement to child care shall end upon the child reaching age one or twelve months after the date of adoption or foster placement.
(b) Intermittent or Reduced Leave Schedule Basis.
(1) A qualified employee shall not be eligible to use family and medical leave on an intermittent or reduced leave schedule basis for reasons (a)(1) and (2) above, unless the employee and the appointing authority mutually agree otherwise.
(2) A qualified employee shall be eligible to use family and medical leave on an intermittent or reduced leave schedule basis for reasons (a)(3) and (4) above when medically necessary. Medical certification may be required to substantiate the need for intermittent leave.
(3) When an employee uses family and medical leave on an intermittent or reduced leave schedule basis, the appointing authority may temporarily transfer the employee to an alternative position with equivalent pay and benefits which would better accommodate the recurring periods of leave and not disrupt the services provided to the public. Upon return from leave, the employee shall be restored to his/her former position or an equivalent position.
(c) Employee Benefits and Health Insurance.
(1) Employees shall be restored to their former position or an equivalent position upon returning to work.
(2) Health insurance benefits shall continue during the period of leave, not to exceed twelve weeks each year.
(3) The Village shall continue to pay the Village’s share of the health insurance premium. The Village may recover any premiums paid if the employee fails to return to work, unless the failure to return due to the continuance, recurrence or onset of a serious health condition or due to other circumstances beyond the employee’s control.
(4) Employees using family and medical leave shall not accrue seniority while on unpaid leave, unless the employee is using paid sick leave or vacation leave.
(d) Restrictions.
(1) Spouses employed by the Village shall only be eligible for a combined twelve weeks for the qualifying reasons (a)(1) and (2) above. Leave used for a serious health condition of a spouse, child, parent or the employee shall not be limited to this twelve week combined total.
(2) Employees shall be required to use their paid sick leave prior to using unpaid leave for the purpose of family and medical leave (i.e., four weeks of paid sick leave and eight weeks of unpaid leave for a total of twelve weeks).
(3) Medical certification shall be required to substantiate leave for the reasons of (a)(1) through (a)(4) above with the Mayor having the option of requiring second and third opinions, at the Village’s expense. Medical certification shall include the following:
A. The date the condition began;
B. The probable duration of the condition;
C. Appropriate medical facts regarding the condition and the necessity for the leave; and
D. A statement that the employee is unable to perform essential functions of his/her position.
(e) Employee Responsibility.
(1) Employees are required to give the Appointing Authority at least a thirty day notice, or as much as is practicable in foreseeable situations.
(2) When applying for leave, an employee shall designate “family and medical leave” on their leave application. (Use form designated for family and medical leave.)
(f) The Village shall maintain records regarding employee usage of family and medical leave in compliance with the Department of Labor’s requirements.
(Ord. 11-96. Passed 4-2-96.)