163.50 FAMILY MEDICAL LEAVE ACT (FMLA) POLICIES AND PROCEDURES.
(a) Basic Leave Requirement.
(1) Employees shall be entitled to up to twelve (12) weeks of unpaid leave during a "twelve (12)-month period," subject to subsection (c)(2), and other requirements set forth herein, for:
A. The birth of a son or daughter and to care for such child;
B. The placement of a child with the employee for adoption or foster care;
C. To care for a spouse, son, daughter under the age of eighteen or, if over eighteen, incapable of self-care, or parent who has a "serious health condition;" or
D. A serious health condition which makes the employee "unable to perform the functions of the employee's job."
(2) The twelve (12)-month period is a "rolling" period measured backwards from the date an employee wishes to use FMLA leave (i.e., we will measure backwards starting with a period beginning twelve (12) months prior to the date leave commences and count how many weeks of leave that employee has had including sick, vacation, injured on duty, workers compensation, personal days, etc. A person who has already used nine (9) weeks of leave in that twelve (12) month period will be eligible for only three (3) more weeks under the FMLA).
The City will count time off for a qualifying FMLA event against the twelve (12) week period when informed by an employee or his/her immediate family representative that the employee is off work for a qualifying event whether or not the employee requests FMLA leave.
(3) Spouses both working for the City are limited to a combined twelve (12) weeks of leave for birth, adoption/foster care and to care for a parent.
(4) A person must have been an employee of the City for at least twelve (12) months before being eligible for any FMLA leave and must have actually worked at least 1,250 hours in the preceding twelve (12) month period before being eligible for any FMLA leave. "Actually worked" does not include hours on sick, worker's compensation, injured-on-duty, maternity, civil service leave of absence, vacation or any other leaves.
(5) The City requires an employee who is taking time off, whether paid or unpaid, for a FMLA qualifying event as outlined below to notify his/her immediate supervisor of the reason for the absence from work. The filing of a lost time claim with the Bureau of Workers’ Compensation will be considered notification by an employee that any subsequent absence is a FMLA qualifying event.
(b) Serious Health Condition.
(1) A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:
A. Inpatient care and a period of "incapacity," or
B. "Continuing treatment" by a health care provider and includes:
1. A period of incapacity of more than three (3) consecutive days that involves:
a. Treatment two (2) or more times by a health care provider; or
b. One (1) treatment by a health care provider which results in a "regimen of continuing treatment."
2. Any period of incapacity due to pregnancy or for prenatal care.
3. Any period of incapacity due to a "chronic serious health condition."
C. A serious health condition does not include cosmetic treatment, the "common cold," flu, earaches, upset stomach, minor ulcers and headaches unless inpatient hospital care is required or complications arise.
D. Absences due to an employee's use of alcohol or drugs are not covered, duty absences for treatment of substance abuse are covered.
(2) "Regimen of continuing treatment" includes a course of prescription medication or therapy requiring special equipment but does not include taking over-the-counter medication, drinking fluids, exercise and similar activities that can be initiated without visiting a health care provider.
(3) "Chronic serious health condition" is one which requires periodic visits for treatment, continues over and extended period of time and may cause episodic periods of incapacity (e.g., asthma, diabetes, epilepsy).
(c) Procedure for Leave.
(1) Employee's notice obligations.
A. Employees must give thirty (30) days advance notice or "such notice as is practicable" for any leave which is to qualify for FMLA time.
B. If an employee fails to give notice of the reason for an FMLA qualifying leave within two (2) business days after returning to work from the leave, the leave is not FMLA protected.
C. Employees will be required to comply with the department's usual and customary notice requirements for requesting leave (e.g., written notice) and will be required to provide documentation supporting the reasons for the FMLA leave (doctor's certification).
D. The employee must make a reasonable effort to schedule treatments so that they do not unduly disrupt the department's operations and the employee may be reassigned, at the City's discretion, to an alternative position that better accommodates intermittent leave for treatment purposes (that is, leave that is required for periods of less than one (1) day).
E. The employee's failure to notify the City of the FMLA-qualifying reason for leave may result in the City designating the leave as FMLA leave retroactively or denying the leave as FMLA leave.
(2) Substitution of accrued leave.
A. THE CITY REQUIRES THAT THE EMPLOYEE MUST SUBSTITUTE THE FOLLOWING ACCRUED PAID LEAVE FOR UNPAID FMLA LEAVE IF THE EMPLOYEE HAS THE FOLLOWING AVAILABLE:
1. Accrued pad vacation or personal leave,
2. Accrued paid sick or other medical leave,
3. PLEASE NOTE: ALL sick, workers' compensation, injured on duty, maternity, civil service leave of absence, vacation, or any other leaves taken for an FMLA qualifying condition WILL COUNT toward the twelve-week period for FMLA leave calculation.
(3) Certification of a serious health condition.
A. Procedure:
1. The City must have a doctor's certification of an employees need for FMLA leave.
a. If an employee gives thirty (3) days advance notice, certification is due before leave commences.
b. If advance notice is not possible, employee will be given not more than fifteen (15) calendar days on commencement of leave to provide certification.
c. If leave is requested for periods of time of less than three (3) calendar days and sick leave is used, the applicable ordinance or contract notification applies.
d. The City or its representative may contact the employee's health care provider to clarify to confirm the validity of the certification.
2. The City may request a second opinion if there is reason to doubt the certification. An employee is not entitled to pay for time spent obtaining certification or second opinion.
B. A fitness-for-duty certificate may be required before an employee returns to work after leave due to an employee's serious health condition upon the discretion of the department head.
(d) Benefits.
(1) Employees using sick, vacation, personal day, injured on duty, etc., are subject to valid ordinance and/or contractual provisions.
(2) Employees using unpaid leave shall be considered to be "off the payroll" for that period and shall receive no benefits which would otherwise accrue if the employee was working or on paid leave, except as provided below.
A. Hospitalization coverage will be provided to an employee on an FMLA leave only to the completion of twelve (12) week period (i.e., the employee who has used nine (9) weeks of paid leave in nine (9) months and has one week of vacation will be allowed two (2) week of FMLA unpaid leave and hospitalization will continue for these two (2) weeks).
B. An employee who exhausts FMLA but goes on a civil service or contractual leave of absence will not receive City-paid hospitalization benefits but will be subject to the rules and regulations of COBRA.
(Ord. 06-129. Passed 5-22-06.)