§ 39.165 FAMILY/MEDICAL LEAVE.
   (a)   The mayor and appointive officers and employees, midmanagement, classified, and emergency services employees not covered by a collective bargaining unit shall have eligible family and medical leave administered in a manner consistent with the requirements of the Family Medical Leave Act (FMLA), 29 U.S.C. § 2611 et seq. The city will utilize a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee’s available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave.
   (b)   Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period, provided that the employee continues to pay the employee portion of the premium for that insurance at least one month in advance of the coverage. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee’s control, the employee will be required to reimburse to the city the amount paid by the city for the employee’s health insurance premium during the leave.
   (c)   Employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA.
   (d)   Except as otherwise provided in this section, all FMLA leave will be administered according to the requirements of the Family and Medical Leave Act.
(1992 Code, § 30-133) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001; Ord. 97-16, passed 8-9-2016; Ord. 115-23, passed 12-5-2023)