a. Employee eligibility. Family/Medical Leave of Absence (FMLA leave) is available to employees who have been employed by the Town of Schererville for at least one (1) year prior to the date on which FMLA leave is to commence and who has worked at least 1,250 hours during the 12 months immediately preceding the date on which FMLA leave is to commence.
b. Definitions. The terms of this section shall have the following meanings:
1. Health Care Provider - A licensed physician, dentist, optometrist, podiatrist, chiropractor, practitioner, occupational therapist or psychologist.
2. New Child FMLA Leave - To care for the employee's son or daughter immediately after the birth of that son or daughter.
3. Family FMLA Leave - To care for the employee's spouse, son, daughter or parent who has a serious health condition which is defined as an injury, illness or physical or mental condition that requires inpatient hospital care of continuing treatment by a health care provider.
4. Employee Medical FMLA Leave - To care for the employee's own condition defined as a serious health condition, which renders the employee unable to perform his or her job.
5. Spouse - Means a husband or wife as defined by Indiana Law.
6. Parent - Means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law.
7. Son or Daughter - Means a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is either under the age 18 years of age or older and incapable of self-care because of mental or physical disability.
c. FMLA leave availability. An eligible employee is entitled to FMLA Leave as follows:
1. New child FMLA leave: for the birth of a child or the placement with the employee of a child for adoption or foster care.
(a) FMLA leave may be taken prior to the actual birth or placement as circumstances may require.
(b) An eligible employee's entitlement to FMLA Leave expires 12 months after the birth or placement.
(c) In the event that the parents of a son or daughter are both town employees, they shall be entitled to a combined total of twelve (12) weeks New Child FMLA.
2. Family FMLA leave: to care for the employee's seriously ill spouse, child or parent. FMLA Leave is not available to care for unmarried domestic partners.
3. Employee medical FMLA leave: due to a serious health condition that makes the employee unable to perform his or her job functions.
d. Notice and certification requirements.
1. In cases of foreseeable medical FMLA leave, employees shall be required to provide thirty (30) days advance FMLA leave notice and medical certification. FMLA leave shall be denied if these requirements are not met. A medical certification shall also be required to support an employee's request to return to work.
2. In case of family FMLA leave, the town shall also require a certification from a health care provider that the employee is needed to care for the family member.
3. The town shall also require periodic reports from an employee on FMLA leave regarding the employee's status and intent to return to work.
e. Implementation of FMLA leave benefits.
1. An eligible employee is entitled to take up to 12 weeks of unpaid FMLA leave per 12-month period, measured backward from the date FMLA leave is used.
2. An employee who has taken FMLA is entitled to be restored to the same or an equivalent position upon his/her return to work at the end of the FMLA leave period, except in the case of key employees. The town may deny restoration of a key employee to that employee's position if necessary to prevent substantial injury or disruption to the town's operations. The town will notify employees of their status as key employees if it believes there is a possibility that the employee will not be restored at the end of the leave period, upon which notification the employee may voluntarily elect to return to work.
3. Employees seeking FMLA leave for any purpose will be first required to exhaust all available accrued sick leave and vacation leave. Thereafter:
(a) New child FMLA leave: the employee shall be eligible for the balance of the 12 weeks FMLA leave on an unpaid basis. During the balance of the 12 weeks, the town will pay its share and employee will pay the employee's share of the employee's health insurance premiums.
(b) Family FMLA leave: the employee shall be eligible for the balance of the 12 weeks FMLA leave on an unpaid basis. During the balance of the 12 weeks, the town will pay its share and employee will pay the employee's share of the employee's health insurance premiums.
(c) Employee medical FMLA: upon exhaustion of the entire employee's sick and vacation days, the balance of the 12 weeks FMLA leave will be exhausted through the use of short-term disability payments under the town's medical benefits plan. During the balance of the 12 weeks, the town will pay its share and the employee will pay the employee's health insurance premiums. Upon the exhaustion of the 12 weeks, the employee may extend health insurance coverage under COBRA.
f. Employment protection/limitations.
1. The use of FMLA Leave will not result in the loss of any employment benefits (except accrued sick and vacation leave, as provided herein) that accrued prior to the start of the FMLA leave.
2. Sick leave benefits shall not accrue during the FMLA leave. Any vacation leave that accrues during FMLA leave shall, at that time, be taken as a part of the approved FMLA leave.
3. Employees have no greater right to restoration or continuation of benefits than if the employee had been continuously employed during the FMLA Leave period.
4. If an employee fails to return to work after the employee's FMLA leave entitlement has expired, the town may recover health insurance premiums it paid for maintaining the employee's health insurance benefits during any period of unpaid FMLA leave.
g. This policy is subject to and is to be interpreted consistent with 29 C.F.R. Part 825.
h. A request for leave of absence for sickness, disability or for sabbatical purposes as addressed in I.C. 36-8-6-1 et seq. shall not be affected by the terms of this policy and past practices and procedures governing this state authorized leave shall continue in full force and effect.
(Ord. No. 1871, § 2, 7-8-15)