[Adopted 3-5-1997 by Ord. No. 458-97]
To establish a policy and guidelines for the
use of family or medical leave for municipal employees.
General: As provided by the 1993 Family and
Medical Leave Act (FMLA), all eligible employees shall be entitled
to take up to 12 weeks of unpaid, job-protected leave during any twelve-month
period for specified family and medical reasons.
A.
Covered family and medical reasons. An eligible employee
shall be entitled to 12 weeks of unpaid leave during a twelve-month
period for one or more of the following reasons:
(1)
The birth of a child and to care for such child.
(2)
The arrival of a child for adoption or foster care.
(3)
To care for an employee's child, spouse or parent
who has a serious health condition.
(4)
Because of the employee's own serious health condition
that renders the employee unable to perform the functions of his or
her position.
B.
Employees with questions about whether specific illnesses
are covered under this policy or under the Municipality's sick leave
policy are encouraged to meet with the Chief Administrator.
C.
Employee eligibility. An employee shall be entitled
to family leave when he/she meets the following criteria:
(1)
The employee has worked for at least 12 months for
the Municipality.
(2)
The employee has to have worked for the Municipality
for at least 1,250 hours over the 12 months before the leave would
begin.
(3)
The employee must work for an employer who employs
50 or more employees.
(4)
When both spouses are employed by the Municipality,
they are jointly entitled to a combined total of 12 workweeks of family
leave for the birth or placement of a child for adoption or foster
care and to care for a parent who has a serious health condition.
A.
An eligible employee will be entitled to a total of
twelve workweeks of leave under the Family and Medical Leave Policy
in any twelve-month period for one or more of the circumstances listed
under the subsection above.
B.
The twelve-month period will be a "rolling" twelve-month
period. Each time an employee takes a family and/or medical leave
of absence, the remaining leave entitlement would be any balance of
the 12 weeks which has not been used during the immediately preceding
12 months. For example, if an employee has taken eight weeks of leave
during the past 12 months, an additional four weeks of leave could
be taken. If an employee used four weeks beginning February 1, 1994,
four weeks beginning June 1, 1994, and four weeks beginning December
1, 1994, the employee would not be entitled to any additional leave
until February 1, 1995. However, on February 1, 1995, the employee
would be entitled to four weeks of leave; on June 1 the employee would
be entitled to an additional four weeks, etc.
A.
An employee shall be entitled to maintain group health
insurance coverage on the same basis as if he/she had continued to
work at the Municipality.
B.
If the employee informs the Municipality that he/she
does not intend to return to work at the end of the leave period,
the Municipality's obligation to provide health benefits ends. If
the employee chooses not to return to work for reasons other than
a continued serious health condition, the Municipality will require
the employee to reimburse the Municipality the amount the Municipality
contributed towards the employee's health insurance during the leave
period.
C.
Authorized leaves of absence shall not interrupt service
time.
An employee who utilizes family or medical leave
under this policy will be restored to the same job or a job with equivalent
status, pay, benefits and other employment terms.
A.
If an employee has accrued paid leave of less than
12 weeks, the employee will use paid leave first and take the remainder
of the 12 weeks as unpaid leave.
B.
If an employee uses leave because of his/her own serious
medical condition or the serious health condition of an immediate
family member, the employee will first use all paid vacation, personal
or sick leave, and then will be eligible for unpaid leave.
C.
An employee using leave for the birth of a child will
use paid sick leave for physical recovery after childbirth. The amount
of sick leave utilized after this point will be decided on a case-by-case
basis. The employee then may use all paid vacation, personal or family
leave, and then will be eligible for unpaid leave for the remainder
of the 12 weeks.
D.
An employee using leave for the adoption or foster
care of a child will use all paid vacation or personal leave first,
and then will be eligible for unpaid leave for the remainder of the
12 weeks.
A.
In certain cases, intermittent use of the 12 weeks
of family or medical leave or a part of a reduced workweek may be
allowed by the Municipality. Employees wishing to use leave intermittently
or to utilize a reduced workweek for birth or adoption purposes will
need to discuss and gain approval for such use from the employee's
department head and the Chief Administrator. Employees may also use
family or medical leave intermittently or as part of a reduced workweek
whenever it is medically necessary. If the need to use leave is foreseeable
and based on preplanned and prescheduled medical treatment, then the
employee is responsible to schedule the treatment in a manner that
does not unduly disrupt the Municipality operations. This provision
is subject to the approval of the health-care provider.
B.
In some cases, the Municipality may temporarily transfer
an employee using intermittent or a reduced workweek to a different
job with equivalent pay and benefits if another position would better
accommodate the intermittent or reduced schedule.
A.
All employees requesting leave under this policy must
complete the family/medical leave form available from the Chief Administrator.
B.
When an employee plans to take leave under this policy,
the employee must give the Municipality 30 days' notice. If it is
not possible to give 30 days' notice, the employee must give as much
notice as is possible. An employee undergoing planned medical treatment
is required to make a reasonable effort to schedule the treatment
to minimize disruptions to the Municipality's operations.
C.
While on leave, employees are requested to report
every 14 calendar days to the Municipality regarding the status of
the medical condition and their intent to return to work.
A.
On occasion, the Municipality may require the employee
to provide notice of the need to utilize leave (where it is possible
to know beforehand). The employee should try to respond to such a
request within 14 days of the request or provide a reasonable explanation
for the delay.
B.
Qualified health-care providers include doctors of
medicine or osteopathy, podiatrists, dentists, clinical psychologists,
optometrists and chiropractors.
C.
If deemed necessary, the Municipality may ask for
a second opinion. The Municipality will select and pay for the employee
to get a certification from a second doctor. If there is a conflict
between the original certification and the second opinion, the Municipality
may require the opinion of a third doctor. The Municipality and the
employee will jointly select the third doctor, and the Municipality
will pay for the opinion. The opinion will be considered final.
D.
An eligible employee while on leave under the Family
and Medical Leave Policy is prohibited from securing full- and/or
part-time employment outside of his/her employment with the Municipality.
The employee must report to the Chief Administrator any change in
employment status while on such leave.
[Added 6-16-1999 by Ord. No. 522-99]
An employee that is on leave under this policy
for a personal serious medical condition will be required to provide
certification from their health-care provider or a company physician,
as determined by each location, stating that the employee is able
to return to work and to perform all functions of the job.
