The Town is committed to complying with applicable federal regulations concerning the Family and Medical Leave Act of 1993 (FMLA), 29 CFR Part 825. This Article XXI provides information in regard to the subject matter covered and shall be interpreted by the Mayor. In the event of any inconsistencies between this article and the federal law, the federal law will govern.
Family and medical leave (FML) is the equivalent of 12 work
weeks of job-protected leave granted to eligible employees who have
been employed for at least 12 months and who have 1,250 hours of service
during the previous twelve-month period. Only one grant of FML pursuant
to this article can be approved within a calendar year.
For purposes of this article only, the following terms shall
have the following meanings:
A period of incapacity of more than three consecutive calendar
days, and any subsequent treatment or period of incapacity relating
to the same condition, that also involves two or more treatments by
a health-care provider or treatment by a health-care provider on at
least one occasion which results in a regimen of continuing treatment;
A period of incapacity due to pregnancy, or for prenatal care;
A period of incapacity or treatment for a "chronic" serious
health condition which requires periodic visits for treatment by a
health-care provider, continues over an extended period, and may cause
episodic rather than a continuing period of incapacity;
A period of incapacity which is permanent or long-term due to
a condition for which treatment may not be effective; or
A period of absence to receive multiple treatments for an injury
or condition which would result in incapacitation of more than three
days if not treated.
Includes licensed doctors of medicine or osteopathy, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors (limited
to treatment consisting of manual manipulation of the spine or to
correct a subluxation as demonstrated by X-ray to exist) authorized
to practice in the State of Maryland, nurse practitioners, nurse-midwives,
and clinical social workers authorized under state law, and Christian
Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts, or any health-care provider that is recognized
by the Town or accepted by the group health plan of the Town as authorized
to provide certification for purposes of claim.
A biological parent of an employee or an individual who stood
in loco parentis (in place of a parent) to an employee when the employee
was a child.
An illness, injury, impairment, or physical or mental condition
that involves overnight inpatient care in a hospital, hospice, or
residential medical care facility, or continuing treatment by a health-care
provider.
A biological, adopted or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis (in place of
a parent). The child must be under 18 years of age, or 18 years of
age or older and incapable of self-care because of mental or physical
disability.
The standard number of hours an employee is regularly scheduled
to work in seven consecutive calendar days. If a part-time employee's
schedule varies from week to week, a weekly average of the hours will
be used for calculating the employee's normal work week.
FML may be used for:
A.
Birth of a son or daughter of the employee and in order to care for
such son or daughter.
B.
Placement of a son or daughter with the employee for adoption or
foster care.
C.
Care of the spouse, son or daughter or parent of the employee, if
such spouse, son or daughter or parent has a serious health condition,
hereinafter referred to as "illness of a family member."
D.
A serious health condition that makes the employee unable to perform
the essential functions of his or her position, hereinafter referred
to as "illness of an employee."
A.
The entitlement to leave for birth or placement of a child shall
expire at the end of the twelve-month period generally beginning on
the date of birth or placement and shall not be taken by an employee
intermittently or on a reduced-leave schedule unless the employee
and the department head agree otherwise.
B.
If an employee requests intermittent leave or leave on a reduced-leave
schedule for illness of a family member or an illness of the employee
that is foreseeable based on planned medical treatment, the Town may
require the employee to transfer temporarily, to accommodate recurring
periods of leave, to an available alternative position for which the
employee is qualified and that has equivalent pay and benefits. Intermittent
leave or leave on a reduced-leave schedule should be limited solely
to treatment, recovery from treatment or recovery from illness.
C.
The employee may choose to substitute any available accrued paid
leave to which he or she may be entitled, i.e., annual, sick, personal,
compensatory leave, etc., in accordance with the authorized uses of
such leave as prescribed in the corresponding article of this Personnel
Ordinance. All paid leave taken will be subtracted from the 12 work
weeks of FML entitlement so that an employee will have a cumulative
total of 12 work weeks of paid and unpaid FML.
D.
If spouses are employed by the Town, they are entitled, in aggregate,
to a total of 12 work weeks of FML within a calendar year if the leave
is because of the birth or placement of a child or illness of a parent.
Otherwise, married employees are entitled to the same individual leave
usage as other employees and may take FML at the same time.
A.
An employee shall provide at least verbal notice to make the employee's
department head aware that the employee needs FML-qualifying leave
and must follow up with a Request for Family and Medical Leave Form.
The completed form must state the reason for the leave, the type of
leave (paid or unpaid), duration of the leave, the starting and ending
dates of the leave, and other pertinent facts.
B.
An employee who intends to use FML which is foreseeable as a result
of birth or placement of a child must give his or her department head
at least 30 days' written notice before the date leave is to begin.
If the date of the birth or placement of the child requires leave
to begin in less than 30 days, the employee must provide notice as
soon as practicable.
C.
An employee who intends to use FML for illness of a family member
or for himself or herself and where foreseeable medical treatment
is planned shall make a reasonable effort to schedule treatment so
as not to disrupt unduly the operations of the Town. The employee
shall also provide the employee's department head with not less
than 30 days' notice before the date the leave is to begin, except
that if the date of the treatment requires leave to begin in less
than 30 days, the employee shall provide such notice as soon as practicable.
It is the department head's obligation, whenever possible,
to designate leave as FML before the leave starts, and the designation
of FML may be made only on the basis of information provided by the
employee. The department head may not designate leave that has already
been taken as FML after the employee returns to work, with two exceptions:
(1) if an employee is out for a reason that qualifies for FML and
the department head does not learn of the reason for the leave until
the employee returns to work, the department head may designate the
leave as FML within two business days of the employee's return;
or (2) if the department head has provisionally designated the leave
under FML and is awaiting receipt from the employee of documentation.
Similarly, an employee may not retroactively claim that paid or unpaid
leave was for an FML purpose.
A.
A request for FML for illness of a family member or employee must
be supported by a Medical Certification Statement Form within 15 calendar
days. If it is not practicable under the circumstances to obtain and/or
complete the above form, a doctor's certificate is required stating
the following information:
(1)
The name of the patient (if other than employee) who is in need of
care and the approximate amount of time the employee is needed to
care for the patient;
(2)
A description of the "serious health condition" and medical facts
which support medical certification;
(3)
The approximate date on which the condition commenced;
(4)
The probable duration of the condition;
(5)
The regimen of treatment to be prescribed, if any; and
(6)
A statement as to whether the employee is able to perform the essential
functions of the employee's position.
B.
Failure to provide requested medical certification in a timely manner
may result in denial of leave until it is provided.
C.
In any case where the department head has reason to doubt the validity
of the initial medical certification provided, the department head
may require a second doctor's opinion (not regularly employed
by the Town) designated by and at the expense of the Town.
D.
In any case where the second opinion differs from the original opinion,
the Town may require a third opinion from a mutually agreed upon doctor
at the Town's expense. The third opinion shall be considered
to be final and shall be binding on the Town and the employee. The
department head may require the employee to obtain subsequent medical
recertifications, designated by and at the expense of the Town, on
a reasonable basis. The department head may request such recertifications
not more often than every 30 calendar days unless:
[Amended 10-18-2007 by Ord. No. O-07-8]
During an approved period of FML, the Town must maintain coverage under its group health plan at the level and under the conditions coverage would have been provided if the employee had continued to work for the duration of such leave. If paid leave is substituted for unpaid FML, the Town will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the employee's leave is unpaid, the employee must contact the Office of the Mayor to make arrangements to pay the employee's portion of the health plan premium as well as any other payroll deductions and to complete applicable retirement forms. Any employee who is in a non-pay status is not entitled to retirement credit or to earn annual, sick, personal, or holiday leave. If an extension is needed beyond the 12 work weeks of FML, paid leave or an unpaid leave of absence may be approved. The employee is responsible for determining the impact upon the leave on the employee's benefits under any retirement, pension, deferred compensation, disability or life insurance plan, or other employee benefit plan authorized by § 50-60 and except as required by federal or state law, this section shall not alter or amend such plan or the employee's entitlement to benefits under such a plan.
A.
Upon completion of FML and return to work, the employee will be reinstated
in a position held by the employee or be restored to an equivalent
position with employment benefits, pay, and other terms and conditions
of employment as when the leave commenced. An employee who returns
to work after the employee's serious illness must submit a Return
to Work Medical Certification Form. If it is not practicable under
the circumstances to obtain and/or complete the above form, a doctor's
certificate is required stating the following:
B.
The Town may require periodic reports on the status and intention
of the employee to return to work. The employee may not be permitted
to resume a position with Town until a completed Return to Work Medical
Certification Form or a doctor's certificate is provided to the
Town.
C.
An employee who does not return to work or obtain approved paid leave
or an unpaid leave of absence is considered absent without leave (AWL).
D.
An employee who does not return to work may be required to reimburse the Town for all premiums paid to maintain his or her health coverage during the unpaid FML period, provided his or her failure to return to work is for a reason other than the continuance, recurrence or onset of an illness of a family member or employee, or other circumstances beyond the employee's control. An employee who is unable to return to work for continuance, recurrence, or onset of an illness of a family member or employee shall provide a medical certification from the appropriate health-care provider. See § 50-93, Medical certification of leave. If the employee fails to furnish the requested certification within 30 calendar days of the department head's request, the Town may recover the health insurance premiums if paid during the period of unpaid leave.
