(A) The village will comply with the Family and Medical Leave Act of 1993 (FMLA) as required by law. Thus, to the extent the FMLA applies, any employee who has been employed by the village for at least 12 months and who has worked at least 1,250 hours over the previous 12 months is eligible to receive up to a total of 12 weeks of unpaid FMLA leave during a 12-month period.
(B) Eligible employees may request FMLA leave for any of the following reasons:
(1) The birth of a child or the placement of a child with the employee for adoption or foster care;
(2) A serious health condition that makes the employee unable to perform the functions of the employee's job; or
(3) A serious health condition affecting the employee's spouse, child, or parent, for which the employee is needed to provide care.
(C) Employees should direct any requests for FMLA leave to their supervisor or to the Municipal Manager.
(D) As noted, FMLA entitles eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. The village calculates the 12-month period on a rolling period measured backward from the date an employee uses any FMLA leave. Thus, each time an employee requests FMLA leave, the employee's leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.
(E) Employees are required to provide at least 30 days notice of the need for any foreseeable FMLA leave. When the need for leave is unforeseeable or due to an emergency situation, notice is expected to be provided as soon as practicable, which typically will be within one or two days of the time when the need for leave becomes known.
(F) Employees are required to furnish medical certification of the serious health condition that gives rise to their request for FMLA leave. Certification forms are available from the Director of Finance and Records. Failure to provide the required certification may delay the commencement of FMLA leave. If circumstances change during the course of an FMLA leave, employees are required to notify the village of such changes. Employees who are able to return to work earlier than expected are asked to provide notice of such at least two days prior to the new return-to-work date. Employees will be required to present a fitness-for-duty certificate prior to being restored to their employment, and an employee's return to work may be delayed until appropriate certification is provided.
(G) The village requires that employees requesting FMLA leave substitute any vacation/personal leave available for unpaid FMLA leave.
(H) While on FMLA-protected leave, an employee's health benefits will be maintained under the same conditions as if he or she continued to work. This means the employee will continue to be responsible for paying his or her portion of health insurance premiums throughout the FMLA leave. If any portion of the FMLA leave is paid leave, the employee's health insurance premiums will be deducted from his or her paycheck as usual. However, whenever any portion of these premiums cannot be deducted from an employee's paycheck, the employee must deliver timely payments to the Company in the amount of such premium due. If payment is not made timely, the employee's group health insurance may be canceled, provided the village notifies the employee in writing at least 15 days before the date that health insurance coverage will lapse.
(I) If an employee does not return to work following FMLA leave for a reason other than the continuation, recurrence, or onset of a serious heal condition which would entitle the employee to FMLA leave, or other circumstances beyond the employee's control, the employee may be required to reimburse the village for its share of health insurance premiums paid on the employee's behalf during his or her FMLA leave.
(J) At the conclusion of an employee's eligible FMLA leave, he or she will be reinstated to the same job or to an equivalent job with the same pay, benefits, and terms and conditions of employment.
(K) The village will continue to pay the premiums or any other benefits to which an employee is normally entitled during the employee's FMLA leave. However, when the employee returns from leave, he or she will be required to reimburse the village for any such payments made on his or her behalf.
(Ord. 2005-13, passed 12-20-05; Am. Ord. 2019-06, passed 12-17-19)