(A) The city will grant family and medical leaves of absence in accordance with the Family and Medical Leave Act (FMLA) and applicable state or other laws. The law is complex, so we encourage you to contact Human Resources if you are anticipating a need to take a leave and/or if you have questions about the law or this policy.
(B) Eligibility.
(1) You may be eligible for FMLA leave if you:
(a) Work at a city facility with at least 50 employees within a 75-mile radius;
(b) Have worked for the city for at least 12 months; and
(c) Have worked for at least 1,250 hours during the 12 months preceding your requested leave of absence.
(2) Note: Certain high-level salaried employees may be exempt from the law if granting a leave would cause the city economic hardship.
(C) Reasons for FMLA leave.
(1) You may take FMLA leave for any of the following reasons:
(a) The birth or care of a newborn child;
(b) The placement of a child with you for adoption or foster care, or the care of the newly placed child;
(c) The care of a spouse, child, or parent (but not in-law) with a serious health condition;
(d) Your own serious health condition;
(e) Any qualifying exigency related to a spouse, child, or parent who is a member of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty; or
(f) The care of a spouse, child, parent, or nearest blood relative recovering from an injury or illness sustained while on active duty in the Armed Forces or a veteran who was a member of the Armed Forces at any time during the period of five years preceding the date the FMLA leave is to begin.
(2) A SERIOUS HEALTH CONDITION generally means an illness, injury, or other medical condition that renders you unable to perform your job, such as a period of hospitalization or a period of incapacity exceeding three days while under the continuing care or treatment of a health-care provider.
(D) Leave time allowed.
(1) FMLA allows eligible employees to take up to 12 unpaid workweeks of leave during a rolling 12-month period for the family and medical reasons listed above.
(2) Eligible employees with a spouse, son, daughter, or parent who either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may use their 12-week leave entitlement for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: (1) short-notice deployment, (2) military events and activities, (3) child care and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation, (7) post-deployment activities, (8) parental care leave to provide care necessitated for the military member’s parent who is incapable of self-care, and (9) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave.
(a) COVERED ACTIVE DUTY means:
1. In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country.
2. In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.
(b) The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period.
(3) FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave during a single 12-month period to care for a covered servicemember. The eligible employee may be the servicemember’s parent, child, spouse, or next of kin (defined as the closest blood relative of the injured or recovering servicemember).
(a) The term COVERED SERVICE-MEMBER means:
1. A member of the Armed Forces (including a member of the National Guard or Reserves) 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; or
2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the need for FMLA leave begins.
(b) The term SERIOUS INJURY OR ILLNESS:
1. In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
2. In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(4) Husband and wife employed. If you and your spouse are both employed by the city, each of you may take 12 workweeks’ leave for your own serious illness or to take care of your sick child or each other. However, a married couple is limited to a total of 12 workweeks for the birth, adoption, or foster placement of a child; the care of a sick parent; or the care of a healthy infant or adopted child.
(5) Intermittent or reduced-schedule leave. You may take intermittent or reduced-schedule leave for the serious health conditions of yourself, your spouse, your child, or your parent when medically necessary. If your need for intermittent leave requires you to miss only part of the workday, we expect you to work the remainder of your shift, whether before or after the requisite period of intermittent leave. Under certain circumstances, if you are using intermittent leave or reduced-schedule leave, we may temporarily transfer you to an alternate position for which you are qualified and that better accommodates your leave. You may not take intermittent leave for the birth or placement of a child without approval by the city.
(6) If you use FMLA leave for any purpose other than its intended purpose, we will consider it as grounds for disciplinary action, up to and including termination.
(7) We will consider authorized absences for family or medical leave as excused absences for purposes of our attendance policies. But whenever the need for leave is for planned, periodic, or foreseeable medical treatments of a serious health condition, please schedule the treatments to minimize any absence from work and so as not to disrupt the operations of the city.
(E) Notice. Whenever the need for leave is foreseeable, you must request the leave not less than 30 days before it is to begin. Failure to submit the request at least 30 days in advance may result in the leave being delayed. In this instance, any absences that occur prior to the beginning of the leave may be counted as unexcused under the city’s attendance policy. If leave is unforeseeable, you (or a family member if you are physically or mentally incapable of notification) must notify Human Resources of your need for leave as soon as possible, but generally not more than two days following the day that the need for leave was required.
(F) Medical certification.
(1) The city may ask you to produce a satisfactory medical certification in support of your leave request, or during the leave, or as a condition of returning to work at the expiration of the leave. In addition, we may require you to obtain a second opinion at our expense. In certain circumstances, we also have the right to require follow-up medical certifications during your leave.
(2) Human Resources will provide you with certification forms for your specified type of leave. You must have your attending physician complete a Certification of Health Care Provider form for all medically related leave requests. You must return the leave of absence certification forms to Human Resources within 30 days prior to your leave if the need for leave is foreseeable, or as soon as practicable if the leave is not foreseeable (at least within 15 days of the date you receive the request for certification). If you fail to provide the required certifications in a timely manner, your leave may be denied and the absences in question may therefore be considered unexcused under the city’s attendance policy.
(G) Use of accumulated time off. The city reserves the right to require you to use any accrued paid time off, such as accrued vacation or personal days, during any part of the 12-week period. If the leave is for a work-related injury for which you are receiving workers compensation benefits, the city may require you to take FMLA leave concurrently with your workers compensation leave.
(H) Benefits. The city will continue your existing health insurance coverage under the same conditions applicable to active employees. You must continue paying your portion of the health insurance premium during this time. Failure to do so may result in your coverage being cancelled with 30 days’ notice. If you do not return to work after the leave, we may require you to reimburse us for the health-care premiums/expenses we paid during your leave. During periods of FMLA leave, you are not entitled to unemployment compensation.
(I) Working while on leave. Some employees may hold other jobs in addition to working for the city. If you are on FMLA leave, you may not work for another employer unless you first seek approval from your direct supervisor. If you have not received approval, working for another employer while on FMLA leave may be grounds for disciplinary action, including termination of employment.
(J) Reinstatement.
(1) Upon the expiration of the leave, the city will return you to the job that you held prior to the leave of absence or to an equivalent position, unless your position has been affected by a reduction-in-force or reorganization, or unless you qualify as a key employee under certain circumstances.
(2) If you find that you do not require the amount of time originally contemplated for your FMLA leave, it is your responsibility to notify Human Resources in writing immediately. We require a minimum of two days’ notice of your intention to return to work early.
(3) You must have your attending physician provide you with written authorization prior to returning to work. If you fail to return to work at the conclusion of an unpaid FMLA leave, we will proceed with the understanding that you have voluntarily resigned your employment.
(Ord. 19, 2015, passed 5-4-15)