(A) Unpaid Leave of Absence. Leaves of absence are disruptive and expensive to the city and are not encouraged. Leaves of absence will be granted in cases of bona fide necessity, emergency, or when required by applicable law. The rules for leaves of absence will be strictly enforced.
(B) Unpaid leave of absence for new child care, immediate family invalid care, and employee illness. To be eligible for a leave of absence under this section, an employee must have worked for the city for at least 12 consecutive months prior to requesting leave and, during those 12 consecutive months, the employee must have worked no less than 1,250 hours including vacation leave, compensatory time and paid holidays. Sick leave will not count as hours worked for determining eligibility. This division (B) applies only to unpaid leaves of absence for the following reasons:
(1) To care for the son or daughter of the employee during the child's first year of life.
(2) Because of the placement with the employee of a son or daughter for adoption or foster care when the son or daughter is under 18 years of age or, if over 18 years of age, is incapable of self-care because of disability.
(3) In order to care for the spouse, son, daughter, or parent of the employee, if such spouse, son, daughter, or parent has an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility, or that involves significant continuing treatment by a licensed medical doctor, osteopathic physician or other legitimate provider of recognized efficacious medical treatment.
(4) Because of the inability of the employee to perform the functions of his or her position due to the employee's illness, injury, impairment or a physical or mental condition involving inpatient care in a hospital, hospice or residential medical care facility or that involves continuing treatment by a medical doctor, osteopathic physician, or other bona fide legitimate provider of recognized efficacious medical care.
An employee who meets the service eligibility requirements of this subsection and who submits a written leave request accompanied by appropriate documentation of the need for leave for any of the reasons enumerated in division (B)(1) through (4) shall be entitled to an unpaid leave of absence up to a total of 12 work weeks of leave during the 12-month period immediately following the occurrence or onset of the event for which leave is requested under this division.
Leave for the reasons stated in items (B)(1) and (B)(2) above concerning child care may not be taken intermittently. Leave for reasons listed in items (B)(3) or (B)(4) above concerning invalid care and employee illness may be taken intermittently when medically necessary.
The 12-week period of unpaid leave will automatically begin after the employee uses 15 days of paid leave. From that point forward and during the 12-week period of leave the employee must use any available paid leave, including but not limited to, injury-on-duty leave.
Employees are required to submit leave of absence requests as far in advance as possible. In case of leave-causing events which are foreseeable, the employee must provide the city with a request for leave not less than 30 days in advance of the foreseeable event or occurrence.
In the event that two employees of the city are husband and wife and are both eligible employees of the city, the aggregate number of work weeks of leave to which both may be entitled will be limited to 12 work weeks during any 12-month period if leave is taken for child care under items (B)(1) or (B) (2) above or for invalid care of a sick parent under item (B)(3) above.
(5) When leave is requested for invalid care or employee illness as defined in items (B)(3) or (B)(4) above, the city will require, as a condition of granting leave, adequate documentation of the medical facts claimed by the employee as the basis for requesting leave. The employee shall provide to the city a legible report which provides:
(a) The identity, specialty, address, telephone number, and state professional license number of the health care provider signing the report.
(b) The exact medical diagnosis of the condition for which the leave of absence is requested.
(c) The date of onset, progress summary of the condition, and the probable duration of the condition to the best of the physician' s knowledge with reasonable medical certainty.
(d) Medical facts of the condition, including the objective and subjective signs and
symptoms, test results, and/or X-ray findings which form the basis of the diagnosis and prognosis, the specific cognitive and functional limitations imposed by the medical condition, and, in the case of illness of the employee, a description of the specific job functions of the employee which would be impaired by the medical condition.
(e) A competent opinion describing the nature of, frequency of and duration of the time required of the employee to provide necessary care for the invalid subject of the leave request.
(f) If the leave request involves intermittent leave for planned medical treatment, an opinion setting forth the nature of the treatment, the dates upon which it will be rendered, the duration of the treatment, and the probable convalescent time after the treatment.
In the event that the employee is unable to obtain the above information within ten days after the date of submission of the leave request, the employee may be granted leave temporarily upon execution by the employee of an authorization in favor of the city to obtain directly from the medical providers involved the information set forth above.
(C) If, upon receipt of the information set forth above, the city has reason to doubt the validity or competency of the information provided, the city may require the employee to submit to an independent examination by a health care provider designated by the city and paid by the city. In the event of disagreement between the employee's health care provider and the health care provider designated by the city, the city may require review by a third health care provider designated or approved jointly by the city and the employee. The cost of the third opinion will be borne by the city, and the third opinion will be final as to the facts known at the time of the review. The city may require subsequent evaluation on a reasonable basis as the medical condition progresses or develops.
(D) An eligible employee who takes leave of absence under division (B) of this section for the reasons stated in division (B) of this section will be entitled, on return from such leave, and having complied with the requirements of the city as conditions of the leave, to be restored to the position held by the employee at the beginning of the unpaid leave or an equivalent position with equivalent benefits and pay. Seniority and vacation do not accrue during the period of leave. However, during the period of leave under division (B) of this section, the city shall maintain the employee's group health insurance coverage under the terms, conditions, contributions, and costs that would have applied had the employee not taken the leave of absence. In the event that the city changes insurance companies or plans during the period of leave, the employee on leave will be treated in the same manner as an employee actively at work having the same medical conditions and dependents.
(E) In the event that an employee fails to return from leave after the period of leave to which the employee is entitled has expired and fails to return for a reason other than the continuation, recurrence or onset of a serious health condition entitling the employee to leave under items (B)(3) and (B)(4), or for circumstances clearly beyond the control of the employee, the employer may recover the premium paid by the employer for maintaining health coverage for the employee during the period of unpaid leave.
(F) The city will ordinarily require, in the case of an employee returning from leave due to his or her own illness, appropriate documentation from the employee's physician certifying that the employee is in fact capable of returning to full performance of the essential functions of his or her job.
(Ord. 63-1993, passed 9-21-94; Am. Ord. 36-1995, passed 6-7-95)