Eligibility: The purpose of the Family and Medical Leave Act ("F.M.L.A.") is to balance the needs of families with the demands of the workplace. Any employee who has been employed for at least twelve (12) months and worked at least 1,250 regular scheduled hours during the previous twelve (12) months is eligible for this leave.
Calculation of Leave: The Village counts FMLA leave on a "rolling backward basis" from the date an employee uses any FMLA leave. A rolling forward basis, however, is used to track the 26 weeks of family military leave available to care for an injured service member.
Employees are entitled to take up to 12 weeks' unpaid leave per rolling calendar basis for the following purposes:
A. The birth of the employee's child.
B. The placement of a child with the employee for adoption or foster care.
C. To care for the employee's spouse, child or parent who has a serious health condition.
D. A serious health condition rendering the employee unable to perform his/her job.
Under FMLA, employees will be required to use all accrued leave prior to going on unpaid leave.
All employees are required to provide at least thirty (30) days' notice, if possible, of their intention to take leave. This notification must be in writing to the respective Department Manager.
The Village may require medical certification that the leave is needed due to the employee's own serious health condition or that of a family member. The Village may also, at the Village's expense, require a second medical opinion. If the first and second opinions differ, the Village may request a third opinion, at the Village's expense, which would then be determinative of eligibility. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
An employee on such leave does not accumulate sick leave or vacation leave during the period he/she is on unpaid leave. Further, the employee's anniversary date shall be adjusted by the same number of days during this leave.
When an employee wishes to return to work following a medical leave, the Village may require a doctor's release stating the employee is fit to work.
Upon returning from leave, an employee is entitled to return to his/her same or equivalent position with equivalent pay, benefits and other terms and conditions of employment.
Military Family Leave:
1. Eligible employees may use their 12-week leave entitlement to address certain qualifying exigencies when his or her spouse, son, daughter, or parent 1) is a member of the Reserves or National Guard and has been called up to active duty or notified of an impending call or order to active duty in support of a "contingency operation"; or 2) is a member of a regular component of the Armed forces. Qualifying exigencies may include short notice deployment, attending military events and related activities, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling, rest and recuperations, attending certain post-deployment activities and such other eligible additional activities to address other events that arise out of the covered service member's active duty or call to active-duty status.
2. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member where the employee is a spouse, son, or daughter, parent or next of kin of the covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list; or 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 the National Guard and Reserves, at any time during the five-year period preceding the date on which the veteran undergoes medical treatment, recuperation or therapy.
(Ord. 23-1853, passed 5-3-23)