In order to fully implement the provisions of the Family and Medical Leave Act (FMLA) for City of Strongsville employees, the following requirements shall apply:
(a) Except as otherwise provided by collective bargaining agreement(s), full-time employees of the City who become pregnant and who represent in writing their intent to return to work at the completion of such childbirth leave, shall be granted a childbirth leave for up to three months. Where, in the opinion of the director of the employee's department and the Mayor, there exist unexpected circumstances of an extreme and unusual nature, the Mayor or designee may in his or her discretion grant an extension of childbirth leave, provided that the requirements of the employee's position are being and will be fully met without any impact on the daily operation of the Municipality.
(b) Application for childbirth leave shall be in writing to the department head with a copy to the Mayor at least sixty days prior to the requested commencement date, and shall contain the following information:
(1) Expected date of birth;
(2) Expected commencement date of leave;
(3) Return to work date;
(4) Application for earned and unused sick, personal and/or vacation leave; and
(5) Fully completed City of Strongsville Request for Family Medical Leave forms and supporting documentation to the Director of Human Resources.
(c) Employees approved by the City for a childbirth leave shall be entitled to apply for sick, personal leave and/or vacation leave that are earned and unused prior to the commencement date of the childbirth leave. Upon exhaustion of the above specified sick/personal/vacation leave, during the requested and approved childbirth leave period, the employee's status shall revert to leave without pay status for the remaining time of the requested and approved childbirth leave.
(d) Upon return from childbirth leave on the date set forth in the above referenced application for childbirth leave, the employee shall be entitled to reinstatement to the same position held prior to the childbirth leave, or to an equivalent position, or if none exists, to a position with the same pay, with no loss of seniority.
(e) An employee who is physically able to return to work prior to the stated return to work date, may make such request in writing to the City.
(f) As a condition to return to work the employee shall provide certification by the employee's physician that the employee is able to perform all of the job-related requirements upon reinstatement. Failure to present the required medical certification as specified herein shall result in nonreinstatement as an employee of the City.
(g) An employee who is on a childbirth leave shall continue to receive benefits under Section 266.05 during the approved period of childbirth leave. Except as otherwise specified, any and all other accrual and/or applications of benefits shall cease during the specific period of the childbirth leave.
(Ord. 2011-043. Passed 4-4-11.)