(a) General Provisions. A leave of absence without pay may be granted for a period not to exceed sixty working days in a twelve-month period, when the granting of such leave is in the mutual interest of the City and the employee. Such leave shall require the approval of the department head and the Mayor and shall be requested in writing by the employee.
(b) Family and Medical Leave Act. A leave of absence which is governed by the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., shall be deemed to be in the mutual interest of the City and the employee.
(1) Scope. The FMLA governs leave for one or more of the following reasons:
A. To care for the employee's child after birth during the twelve-month period beginning on the date of such birth.
B. Because of the placement of a child with the employee for adoption or foster care during the twelve-month period beginning on the date of such placement.
C. To care for the employee's spouse, child, or parent, who has a serious health condition.
D. For a serious health condition that makes the employee unable to perform the functions of the position of such employee.
E. Because of any qualifying exigency, as determined by applicable federal regulation, arising out of the fact that the spouse, child, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the Armed Forces.
(2) Eligibility. Employees who have worked for the City for at least one year, and for 1,250 hours over the previous twelve months are eligible for leave under the FMLA.
(3) Advance notice. The employee must provide thirty days advance notice to the City when the leave is foreseeable: Provided, That when the necessity for leave under paragraph (b)(1)(E) of this section is foreseeable, the employee must provide notice as is reasonable and practicable. If the leave is because of a serious health condition, the City may require medical certification, and may require second or third opinions, at the City's expense, and a fitness for duty report to return to work.
(c) Job Benefits.
(1) For the duration of FMLA leave, the City shall maintain the existing health coverage of the employee, under the City's group health plan. The employee shall be responsible for maintaining employee contributions for such coverage.
(2) Upon return from FMLA leave, the employee shall be restored to his or her original or equivalent position with equivalent pay, benefits, and other employment terms.
(3) Use of FMLA leave shall not result in the loss of any employment benefits that accrued prior to the start of an employee's leave.
(4) The employee may use any accrued sick leave or annual leave for the purposes listed under subsection (b)(1) hereof prior to requesting leave under the FMLA. Use of such leave will be governed by the City Code.
(d) Paid Leave for Foster Placement. A City employee who receives a placement of a non-relative foster child in the custody of the West Virginia Department of Health and Human Resources and who is entitled to take leave under subsection (b)(1)B., of this section shall be entitled to be paid for up to eight hours of such leave from work in connection with such placement and immediate childcare responsibilities during the one-week period beginning on the date of such placement. Paid leave under this subsection shall not exceed twenty-four hours per calendar year. The City is entitled to have the employee substantiate applicability of paid leave under this subsection. (Ord. 2273. Passed 5-2-19.)