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A. Specified: The FMLA entitles eligible employees to job protected, unpaid leave for up to twelve (12) weeks per a single twelve (12) month period for qualifying events.
B. Measurement Of Leave Start: The twelve (12) month period (FMLA year) during which the twelve (12) weeks of FMLA leave can be taken for qualifying events is measured forward from the date the employee's first FMLA leave begins.
C. Military Caregiver Leave: The FMLA provides military caregiver leave for up to twenty six (26) weeks during a single twelve (12) month period after the requested leave date. The single twelve (12) month period during which leave can be taken begins on the first date of covered military caregiver leave and ends twelve (12) months later, regardless of the date used to determine the employee's twelve (12) weeks of leave entitlement for other FMLA qualifying reasons. (2019 Compilation)
The City requires all employees utilizing FMLA leave to use their paid leave allotments before taking unpaid FMLA leave. Employees will be allowed to reserve up to eighty (80) hours of nonlapsing leave as a contingency for future use by submitting a written request to their department Personnel/Payroll Administrator prior to the accruals being used. Leave time will be based on eligibility and used in the following order:
Employees On Plan A |
Compensatory leave1 (upon approval of employee) |
Dependent leave |
Hospital leave/parental leave |
Sick leave1 |
Vacation1 |
Workers' compensation |
Note:
1. Employees may request in writing the order in which available time is used.
Employees On Plan B |
Compensatory leave1 (upon approval of employee) |
Personal leave1 |
Short term disability/parental leave |
Vacation1 |
Workers' compensation |
Note:
1. Employees may request in writing the order in which available time is used.
(2019 Compilation)
A. Permitted: If the City does not initially designate FMLA leave as required, the leave may retroactively be designated as FMLA leave with notice to the employee, provided the failure to timely designate the leave does not harm or injure the employee.
B. Mutual Agreement: In all cases where leave would qualify for FMLA, the Administrator and employee may mutually agree to retroactively designate FMLA leave. (2019 Compilation)
A. Required: The City will require medical certification of any serious health condition of the employee or of the serious health condition of the employee's spouse, parent or child. If the certification is not received within the requested time, the beginning of leave may be delayed or the leave may be denied.
1. If the FMLA is foreseeable, the medical certification is required before taking the leave.
2. If the FMLA is not foreseeable, medical certification is required within fifteen (15) days after being requested to provide certification by the City.
B. Recertification: Recertification of medical conditions or clarification of submitted information can be requested in specific situations pursuant to the FMLA. For example, if an employee's need for FMLA leave exceeds a single leave year, the City may require the employee to provide a new medical certification in each subsequent leave year.
C. Leave For Qualifying Exigencies Or Covered Service Member: The City will require certification to support leave for qualifying exigencies or to care for a covered service member.
D. Additional Opinions At City Expense: The City may require second or third opinions regarding the medical certification, at the City's expense. (2019 Compilation)
A. Permitted: FMLA leave may be taken intermittently or continuously for any approved FMLA qualifying event. When the need for intermittent or reduced schedule FMLA leave is foreseeable, the employee must make reasonable attempts to arrange the schedule of the leave so as not to unduly disrupt the City's operations.
B. Call In Procedures: Employees using intermittent leave must follow call in procedures for the work area.
C. Temporary Transfers: The employee taking intermittent leave under the FMLA may be required to transfer temporarily to an available alternative position for which the employee is qualified.
D. Parental Leave: FMLA leave for birth of a child, adoption or placement of a child may be used intermittently with approval from the employee's supervisor. In accordance with the Leave Practices Policy, chapter 12 of this title, paid parental leave may only be used continuously. (2019 Compilation)
A. No Accrual Of Leave: Employees will not accrue leave time for each full unpaid biweekly pay period while on unpaid FMLA leave.
B. City To Pay Medical Premiums, Life Insurance: The City will pay its portion of the medical premiums and employee basic term life insurance.
C. Employee Share Of Medical Premium: The employee is responsible for paying their share of the medical premium each biweekly period. Premiums will be deducted from the employee's paycheck while on paid leave. When on unpaid leave, an employee is responsible for coordinating payment with Human Resources. If an employee's premium payment is more than thirty (30) days late, coverage will be terminated.
D. Other Voluntary Benefits: Employees have the responsibility to make arrangements to continue their other voluntary benefits when on unpaid leave.
E. Failure To Return To Work: If an employee fails to return to work after unpaid FMLA leave has ended, the employee shall reimburse the City's share of the medical premiums paid by the City while on unpaid FMLA leave from their final paycheck. If there is no final paycheck, the employee will be billed. If payment is not received within thirty (30) days, the employee will be sent to collections, unless the failure to return from leave is due to:
1. The continuation, recurrence or onset of a serious health condition of the employee or the employee's family member that would otherwise entitle the employee to leave under FMLA;
2. Other circumstances beyond the employee's control. (2019 Compilation)
A. Release To Work: If the leave is for the employee's own serious health condition, the employee will be required to submit a Release to Work Notice from their medical provider at the time of reinstatement. If the employee fails to provide a release to work note, the City, through its designee, may delay the employee's return to work until the release form is provided.
B. Former Or Equivalent Position: Upon return from FMLA leave, the employee will return to the former position or an equivalent position in terms of pay, benefits and working conditions. An equivalent position must have substantially similar duties, conditions, responsibilities, privileges and status as the employee's original position.
C. Personnel Actions Or Decisions: The City may take any personnel action/decision that would have happened if the employee had continued to work while the employee is on FMLA leave (discipline, reduction in force, etc.).
D. Term To Determine Return To Work: The employee is considered to have returned to work following FMLA leave if they return for at least thirty (30) calendar days. (2019 Compilation)