[Ord. 1035, 2/5/1997, § 1001]
This Part shall be referred to as the "Quakertown Borough Family
Medical Leave Policy" and shall establish the rights and obligations
of the Borough of Quakertown and its employees with respect to leave
needed for the medical care of employees and their families.
[Ord. 1035, 2/5/1997, § 1002]
In order to qualify for a family medical leave, employees must
have worked for the Borough for at least 12 months and at least 1,250
hours in the year preceding the date the employee seeks to start the
leave.
[Ord. 1035, 2/5/1997, § 1003]
Eligible employees are entitled to take up to 12 weeks leave
480 hours) during the 12 months of the calendar year for the following
purposes:
A.
Child Care. Care of a newborn, adoption of a child or placement of
foster child in employee care.
(1)
Child care leave must be concluded within 12 months from the
date of the birth, adoption or foster-care placement.
(2)
Child care leave may not be taken intermittently.
(3)
Parents who are both employees of the Borough of Quakertown
and who are eligible to take leave are entitled to a combined leave
up to 12 weeks for the birth or adoption of a child. If the combined
total is taken, each employee us entitled to the difference between
the amount he or she has taken individually and 12 weeks for family
medical leave for a purpose other than the birth or adoption of a
child, for example, if each spouse took six weeks leave for the birth
of a child, each could take up to an additional six weeks due to personal
illness in the family as described previously.
(4)
Employees who anticipate taking leave for child care are required
to provide notice of their intent at least 30 days prior to the date
leave is anticipated to begin. If leave becomes necessary before such
thirty-day notice can be given, notice that is reasonable and practical
as determined by the Borough Manager shall be given.
B.
Family Care. Leave may be taken to care for a son, daughter, spouse
or parent who has a serious health condition.
(1)
A serious health condition is one (i) which requires inpatient
treatment or (ii) which causes an absence from work, school or normal
activities for more than three days and requires treatment by or under
the direction or supervision of a health care provider on two or more
occasions.
(2)
Employees requesting leave under this subsection must present
a certification from a health care provider containing the date on
which the serious health condition commenced, the probable duration
of the condition, the appropriate medical facts regarding the condition,
a statement that the employee is needed to care for the family member
and an estimate of time such care will be required.
(3)
Employees taking leave under this subsection may take the leave
intermittently upon production of a health care provider's certification
that the intermittent leave is necessary for or will assist the care
of the family member and that provides the dates and duration any
treatment and leave is expected. Employees using leave on an intermittent
basis must try to schedule the leave to minimize disruption to normal
operations. An employee may be reassigned to an alternative position,
with equivalent pay and benefits, that better accommodates the recurring
periods of leave.
(4)
Employees who anticipate taking leave under this subsection
are required to provide notice of their intent at least 30 days prior
to the date leave is anticipated to begin. If leave becomes necessary
before such thirty-day notice can be given, notice that is reasonable
and practical, as determined by the Borough Manager, shall be given.
C.
Self-Care. Leave may be taken when the employee is unable to perform
the essential functions of the position that the employee holds.
(1)
Employees seeking leave for self-care must have a serious health
condition, as defined by Subsection B(1) above.
(2)
Employees requesting leave under this subsection must provide
a certification from a health care provider containing the date the
serious health condition commenced, the probable duration of the condition,
the appropriate medical facts regarding the condition and a statement
that the employee is unable to perform the essential functions of
the position. Employees seeking the certification must provide the
health care provider with a verbal description of the essential functions
performed by the employee.
(3)
Employees taking leave under this subsection may take the leave
intermittently upon production of a health care provider's certification
that the intermittent leave is medically necessary and the expected
duration of the leave. Employees who elect to use the available leave
on an intermittent basis must try to schedule the leave to minimize
disruption to normal operations. An employee may be reassigned to
an alternative position with equivalent pay and benefits that better
accommodates the recurring periods of leave.
(4)
Employees who anticipate taking leave under this subsection
are required to provide notice of their intent at least 30 days prior
to the date leave is anticipated to begin. If leave becomes necessary
before such thirty-day notice can be given, notice that is reasonable
and practical, as determined by the Borough Manager, shall be given.
D.
Failure to Provide Required Certifications. Failure to provide the
certifications required under this section may result in denial of
the leave or the request for leave on a intermittent basis.
[Ord. 1035, 2/5/1997, § 1004]
Eligible employees will be required to use accrued paid leave
before unpaid leave is taken.
A.
Child or Family Care. Employees taking leave upon the birth, adoption
or placement of a foster child under § 1003A above, or for
the care of a son, daughter, spouse or parent under § 1003B
above, must take accrued vacation, personal or family leave prior
to taking unpaid leave.
B.
Self-Care. Employees unable to perform the essential functions of
their job and who take leave under § 1003C above must use
accrued vacation, personal and sick leave prior to taking unpaid leave.
[Ord. 1035, 2/5/1997, § 1005]
During any period of leave under this policy, an employee's
group health insurance coverage will be maintained at the same level
and under the same conditions as before the leave began.
A.
Employees who normally make a contribution toward their health insurance
coverage must continue to do so. If on paid leave, the employee's
contribution will be collected in the same manner as if the employee
were reporting to work. During periods of unpaid leave, the employee
must arrange with the payroll office, prior to commencement of the
leave, for payment of the employee's share of the premium.
B.
Employees will accrue other benefits while in an unpaid leave status,
including pension benefits.
[Ord. 1035, 2/5/1997, § 1006]
1.
Upon return to duty, an employee is entitled to restoration to the
former position or an equivalent position with equivalent pay and
benefits.
2.
An employee who has taken leave for self-care under § 1003C
above will be required to present a certification of fitness for duty
from a health care provider prior to commencement of work. Failure
to provide the certification may cause denial of reinstatement.
