Employees with scheduled 1250 hours or more during the twelve (12) month preceding the leave shall be eligible for an unpaid leave.
(a) Eligible employees shall be those who have worked a total of 1250 scheduled hours or more during the twelve (12) months preceding the leave.
(b) To be eligible for unpaid FMLA leave, the employee shall first exhaust all available vacation leave, holidays and personal leave which shall be inclusive of FMLA leave entitlement. After exhaustion of vacation, holiday and personal leave, the employee may, at its discretion, require an employee to utilize sick leave. The employer shall not require an employee who has forty (40) hours of vacation and forty (40) hours of sick leave to exhaust such time, which will be maintained in separate "banks" of accumulated time under this article.
(c) Employees requesting an unpaid family or medical emergency leave must advise their immediate supervisor of such request at least thirty days in advance of the anticipated commencement of said leave, unless an emergency prevents such notice. In that event, as much advance notice as possible shall be given.
(d) The total amount of leave available to any employee is twelve (12) weeks in a "rolling year". Employees are entitled to FMLA leave up to twelve (12) weeks in a year and such leave shall be calculated when first approved. Such FMLA leave is inclusive of both paid and unpaid leave.
(e) Employees must request such leave in writing and are required, if requested by the immediate supervisor, to provide medical verification from the appropriate attending physician. Employees requesting such family or medical leave may be examined by the City's physician to confirm eligibility for the leave.
(f) Employees who request and are approved for an unpaid family medical or emergency leave shall continue to receive paid health insurance benefits, assuming the employee is otherwise eligible for such benefits in accordance with the provisions of the agreement.
(g) Such leave will be provided only in the following circumstances:
(1) Birth of a child;
(2) Adoption of a child or placement of a foster child;
(3) To care for a sick spouse, child or parent suffering from a serious health condition where the employee's attendance is necessary to such care; or
(4) To address the employee's serious health condition renders the employee incapable of performing the function of her/his job. "A serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves (1) impatient care in a hospital, hospice or residential medical facility, or (2) continuing treatment by a health care provider.
(h) The City at its sole discretion, may grant employees additional unpaid leave on a case by case basis.
(i) A husband and wife employed by the City in any capacity are eligible for FMLA leave up to a combined twelve (12) weeks of leave during the twelve (12) month period if the leave is taken.
(1) For the employee's son or daughter or to care for the employee after birth;
(2) For the placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement;
(3) To care for the employee's parent with a serious health condition.
(Ord. 2021-015. Passed 9-23-21.)