§ 32.38 FAMILY OR MEDICAL LEAVE.
   (A)   General. As provided by the 1993 Family and Medical Leave Act (FMLA), being 29 U.S.C. §§ 2611 et seq., all eligible employees shall be entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for specified family and medical reasons.
   (B)   Covered family and medical reasons. An eligible employee shall be entitled to 12 weeks of unpaid leave during a 12-month period for one or more of the following reasons:
      (1)   The birth or placement of a child for adoption or foster care;
      (2)   To care for an immediate family member (spouse, child or parent) with a serious health condition; or
      (3)   To take medical leave when the employee is unable to work because of a serious health condition.
   (C)   Serious health conditions. A SERIOUS HEALTH CONDITION shall be defined as an illness of a serious and long-term nature resulting in recurring or lengthy absences. Treatment of such an illness would occur in an inpatient situation at a hospital, hospice or residential medical care facility or would consist of continuing care provided by a licensed health care provider.
   (D)   Questions. An employee may take leave if a serious health condition makes the employee unable to perform functions of his or her position. Employees with questions about whether specific illnesses are covered should meet with their respective department head, as well as a licensed physician.
   (E)   Employee eligibility. An employee shall be entitled to family leave when he or she meets the following criteria:
      (1)   The employee has worked for at least 12 months for the city. The 12 months need not have been consecutive. (If the employee was on the payroll for part of a week, the city will count the entire week. The city considers 52 weeks to be equal to 12 months.)
      (2)   The employee has to have worked for the city for at least 1,250 hours over the 12 months before the leave would begin.
      (3)   When both spouses are employed by the city, they are jointly entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care and to care for a parent who has a serious health condition.
(Prior Code, § 32.18) (Ord. G-98-11, passed 9-8-1998; Ord. G-09-01, passed 2-10-2009)