(A) Absence without leave. An employee is absent without leave whenever he/she is absent from work without proper notification to the supervisor within two hours of regular starting time. The employee shall receive no pay for these absences and these absences may result in an immediate suspension or termination.
(B) Bereavement leave.
(1) If there is a death in the immediate family of an employee, necessary time off from the attendance of the funeral will be approved with pay.
(2) The bereavement leave days shall include the calendar day of the death not to exceed five working days for the death of the following persons: spouse, child (step and foster included), mother, father, brother, sister, step-father, step-mother, grandchild, grandparents, spouse’s mother, father, brother, sister and grandparents.
(3) At the discretion of the department head or supervisor, full-time employees may be given time off without pay to attend funerals.
(C) Civic leave.
(1) An employee who is required to serve as juror, or to attend court or a coroner’s inquest as a witness, shall be excused from work for the days on which the employee serves.
(2) The employee shall receive for each day of service the difference between his or her regular pay and the payment received for that service.
(3) The employee shall present proof of service (subpoena), and the amount of payment received from the Clerk of the Court or Coroner.
(4) If an employee is released from jury duty prior to noon, the employee shall report to work within one hour after the release.
(D) Military leave.
(1) Any Nonprobationary employee of the city who is a member of any reserve component of the armed forces of the United States or National Guard unit, shall be entitled to leave while engaging in the performances of official duty or training.
(2) While on this leave, he/she shall be paid his/her regular salary. This pay shall not exceed a period of 15 days per calendar year. The employee must provide copies of his/her orders and pay receipt.
(3) Employees who are called to active military duty at the direction of the President of the United States and/or the Governor of the state will be paid the difference between their regular city salary and their military base pay for the duration of their military duty up to a period of 12 months.
(4) City employees who are called to active military duty are entitled to the continuation of health insurance coverage for their dependents for a period of 12 months from the date the employee reports to active duty. Dependent is a relative of the employee as specified on the enrollment card maintained in the Personnel Department. The health insurance coverage is subject to the same exclusions and limitation currently in effect by the carrier or as may be placed in effect by the carrier subsequent of the passage of this chapter. The premium for the 12-month period of time shall be paid by the city. Continuation of insurance benefits and the payment of premiums beyond the 12-month period will be offered to the employee under his or her COBRA rights.
(5) The Mayor, or his or her designee, is authorized and directed to negotiate with the exclusive bargaining representatives for the affected employees so as to implement the provisions of this chapter.
(E) Family and medical leave.
(1) Policy. The city recognizes that under certain conditions, vacations and sick days are not enough time to remedy family or personal emergencies. Therefore, in compliance with federal law, the city establishes a 12-week per calendar year unpaid family and medical leave policy.
(2) Scope. The scope of this policy covers all employees who have been employed at least 12 months and worked at least 1,250 hours during the previous 12-month period.
(3) General.
(a) Any employee who has been employed at least 12 months and has worked at least 1,250 hours during the 12 months before the leave is requested is entitled to 12 weeks unpaid leave for:
1. The birth of a son or daughter of employee and in order to care for a sick son or daughter under 18 years old unless handicapped.
2. The placement of a child with the employee for adoption or foster care.
3. To care for the employee’s spouse, child or parent who has a serious health condition.
4. A serious health condition rendering the employee unable to perform his or her functions of their position.
5. The entitlement to leave under divisions 1. and 2. expires at the end of the 12-month period after the birth or placement of the child.
6. A “qualifying exigency” arising out of the fact that the spouse, child or parent of the employee is on active duty, in support of a contingency operation or to care for the employee’s spouse, child or parent who has been injured in the line of duty while on active duty in the Armed Forces.
(b) Employees are to provide 30 days notice, if possible, of their intention to take leave.
(c) The employee must use any accrued sick days and vacation days for any part of the 12-week period of the leave.
(d) The city requires medical certification that the leave is needed due to the employee’s own serious health condition or that of a family member. The city may also, at their expense, require a second medical opinion. If the first and second opinions differ, the city may request a third opinion, at their expense, which is then binding.
(e) The city will continue health insurance under the same conditions as if the employee were working.
(f) The employee shall provide certification from the employee’s health care provider stating that the employee is able to resume work.
(g) Upon returning from leave, the employee is entitled to be restored to the same or equivalent position with equivalent pay, benefits and other terms and conditions of employment.
(h) An employee who fraudulently obtains family or medical leave will not be protected by job restoration or maintenance of health benefits provisions.
(`81 Code, § 35.19) (Ord. 1848, passed 3-18-86; Am. Ord. 95-2167, passed 3-6-95; Am. Ord. 01-2414, passed 11-5-01; Am. Ord. 01-2419, passed 12-17-01; Am. Ord. 02-2454, passed 12-16-02; Am. Ord. 08-2624, passed 11-17-08)