(A) What FMLA provides. The FMLA provides eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. Any employee who has questions about this policy should contact their supervisor for guidance. The town will not interfere with, restrain or deny an eligible employee’s use of FMLA leave.
(B) Eligibility requirements.
(1) Employees are eligible to request FMLA leave if they have worked for the town for at least one year, have worked at least 1,250 hours over the previous 12 months and work at a location where at least 50 employees are employed by the town within 75 miles.
(2) While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more are not counted unless the break is occasioned by the employee’s fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA), or a written agreement exists concerning the employer’s intention to rehire the employee after the break in service. If you do not meet these criteria, you are not eligible for FMLA leave.
(C) Qualifying reasons for FMLA leave.
(1) A covered employer must grant an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:
(a) For the birth and care of a newborn child of the employee;
(b) For placement with the employee of a son or daughter for adoption or foster care;
(c) To care for a spouse, son, daughter, or parent with a serious health condition;
(d) To take medical leave when the employee is unable to work because of a serious health condition;
(e) For “qualifying exigencies” arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation (up to 12 weeks); or
(f) "Military caregiver leave” to care for a covered service member with a serious injury or illness related to certain types of military service (up to 26 weeks per year may be taken for this purpose).
(2) A SERIOUS HEALTH CONDITION is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
(3) Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three consecutive full calendar days and two visits to a healthcare provider or one visit to a healthcare provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment.
(4) The maximum amount of leave that may be taken in any 12-month period-for all reasons combined is 12 weeks, with one exception. For leave to care for a covered service member, the maximum combined leave entitlement is 26 weeks, with leaves for all other reasons constituting no more than 12 of those 26 weeks.
(D) Identifying the 12-month period. The town measures the 12-month period in which leave is taken by the “rolling” 12-month method, measured backward from the date of any FMLA leave with one exception. For leave to care for a covered service member, the town calculates the 12-month period beginning on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.
(E) Intermittent or reduced schedule leave. You may request leave for the serious health condition for yourself, spouse, or child on an intermittent or reduced schedule. Under certain circumstances, the town may temporarily transfer you to an alternate position for which you are qualified that provides a solution to your accommodation request. Your pay at the time of the temporary transfer will not be affected during this time.
(F) Employee notice requirements.
(1) Employees must provide 30 days’ notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable. Employees must comply with normal call-in procedures.
(2) Employees must provide sufficient information to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; or circumstances supporting the need for military family leave. Employees also must inform their supervisor if the requested leave is for a reason for which FMLA leave was previously taken or certified. When an employee seeks leave due to a FMLA qualifying reason for which the town has previously provided the employee FMLA protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.
(G) Certifications.
(1) The Town of Sellersburg requires that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. The town may require second or third medical opinions at the expense of the town and periodic recertification of a serious health condition. The Town of Sellersburg may utilize a health care provider, a human resource professional, a leave administrator, or a management official—but not the employee’s direct supervisor—to authenticate or clarify a medical certification of a serious health condition.
(2) The Town of Sellersburg requires employees returning from leave for their own serious health condition to submit a certification that they can resume work. If reasonable safety concerns exist, the company may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.
(H) Compensation and benefits while on family and medical leave.
(1) Family medical leave is unpaid leave. In accordance with applicable state law, employees may be required to apply all accrued and unused paid leave to all leaves covered by this policy.
(2) The Town of Sellersburg will continue to pay its portion of the group health premium for the duration of any approved FMLA leave. The employee continues to be responsible for paying his or her group health insurance premiums as if he were still actively working during this period. Premiums must be submitted monthly. Failure to submit payment within 30 days may result in termination of coverage for the duration of the leave. An employee’s failure to pay his or her portion of the group health insurance premium will result in coverage being canceled. If an employee does not wish to continue group health insurance while on family and medical leave, the town should be notified immediately.
(3) Employees who can return to work within the FMLA approved leave time limits will be entitled to be covered by health insurance at the time they return to work if their coverage has lapsed for any reason during the approved FMLA leave. Any changes to company health coverage while an employee is on a family and medical leave will be applied as if the employee were still actively employed.
(4) Paid time off benefits will cease to accrue while an employee is on FMLA.
(I) Return from leave.
(1) Except as otherwise provided by law, upon returning from FMLA leave eligible employees will be restored to their original job or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Restoration may not be possible if, for example, your position has been eliminated. Additionally, certain key employees may not be entitled to job restoration under certain conditions. If you are a key employee, you will be notified of such status. Use of FMLA leave will not affect the calculation of an employee’s seniority or years of service. If an employee has taken leave due their own medical condition, a clearance to return to work is required from the certifying physician.
(2) For additional information about your rights and responsibilities under FMLA and/or to request leave under this policy please contact your supervisor.
(3) The Town of Sellersburg recognizes that certain states may have laws which provide greater or diverse types of leave and/or may require less advance notice than that set forth above. In such event, the applicable state family and medical leave law shall apply.
(Ord. 2021-OR-031, passed 11-22-21)