§ 2-422. Family and medical leave.

An eligible employee is one who has been employed by the City for at least twelve (12) months (twelve (12) months need not be consecutive) and who has completed at least one thousand two hundred fifty (1,250) hours of service during the twelve (12) month period immediately preceding the commencement of the leave and expresses an intent to return to the City after leave, shall be eligible for Family and Medical Leave as provided in this policy. Employees returning from National Guard or Reserve Duties shall be credited for hours of work that would have been performed but for the military service (based on normal hours). Employees must be actively employed - i.e. employees on layoff status are not eligible for FMLA leave.

An eligible employee, with the appropriate medical authorization, shall be permitted a total of up to twelve (12) work weeks of unpaid leave (basic leave entitlement) or twenty-six (26) work weeks (military caregiver leave entitlement) during any rolling twelve (12) month period without the loss of seniority or benefits for any one, or more, of the following reasons:

A.

Incapacity due to pregnancy, prenatal medical care, or child birth; or

B.

To care for the employee's child after the birth of the child; or

C.

To care for a child after the child is placed with the employee for adoption or foster care; or

D.

To care for the employee's spouse, child, or parent who has a serious health condition; or

E.

Because of a serious health condition that makes the employee unable to perform the functions of the employee's position; or

F.

Due to a qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of a call or order to active duty) in support of a contingency operation. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Employees meeting eligibility requirements are eligible for up to twenty-six (26) weeks of leave in a single 12-month period to care for a current member of the Armed Forces, including a member of the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is in outpatient status.

If an employee qualifies for both types of FMLA leave, leave to care for a service member must be designated first.

Leave may be taken on an "intermittent" or "reduced schedule" basis under certain circumstances. The employee must state the reason why the intermittent-leave is medically necessary and the schedule of treatment. The employee must submit certification from the health care provider stating the intermittent or reduced schedule medical leave is necessary. The City may require an employee taking intermittent leave or reduced schedule leave to transfer temporarily to an alternative position for which the employee is qualified or may modify the employee's current position to better accommodate the employee's recurring periods of leave. Employee's must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the City's operations. An employee, who has a serious health condition that prevents them from returning to work after twelve (12) weeks of family and medical leave, may be placed on an unpaid leave of absence or employment may end at that time, depending upon all of the relevant circumstances, including, but not limited to, the likelihood of the employee being able to return to work in the near future.

An eligible employee who expects or anticipates taking family and medical leave is required to provide the City Administrator, or his/her designee, with at least thirty (30) days advance written notice of the employee's intention to take Family and Medical Leave. The only exception will be when unforeseen circumstances prevent the employee from providing the required notice. In cases where the need for leave is foreseeable, an employee's failure to provide thirty (30) days' notice prior to taking leave may result in the denial or delay of leave. An employee requesting leave under this policy shall submit a completed application (Form #8). The request should set forth the reason, duration, and anticipated start date of leave. If the employee is requesting intermittent leave, the employee shall state the reason why the intermittent leave is necessary.

The City will require the employee to provide medical certification (Form #9. #9.1, #9.2, #9.3 or #9.4) from the employee's health care provider in order to support a leave request to care for a spouse, child, or parent who has a serious health condition; or for leave due to a serious health condition that makes the employee unable to perform the essential functions of the employee's position. Failure to provide such certification may result in a denial or delay of leave. The City reserves the right to require the employee to receive a second opinion from another health care provider (at the City's expense) certifying the serious health condition of the employee or the employee's family member. If the initial certification indicates that the minimum duration of the leave is more than thirty (30) days, the City will not require recertification until the duration of the leave expires unless circumstances described in the initial certification change significantly, in which case recertification may be required before the leave expires. In other circumstances, the City may request recertification no more than every thirty (30) days. In all cases (including, for example, a lifetime condition), the City may require recertification every six (6) months. During the employee's leave, the City may also periodically inquire as to the employee's intent to return to work.

The City will inform employees requesting leave whether they are eligible under FMLA within five (5) days of the employee's request. The notice (Form #10) will specify any additional information required as well as the employee's rights and responsibilities. The City will inform employees (Form #10.1) if the leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement within two (2) days following the City's receipt of the appropriate medical certification form provided by the health care provider. If the City determines that the leave is not FMLA-protected, the City will notify the employee (Form #10.1).

All family and medical leaves are without pay, after exhausting all accrued paid benefit leave time. An employee on approved family and medical leave may continue group health coverage during the leave for both the employee and eligible dependents; however, the employee will remain personally responsible for paying the employee's portion of the insurance premium. Such payments may be deducted from the employee's paycheck or made prior to the leave and must be submitted directly to the City Clerk's office. Failure to pay premiums in a timely manner may result in a lapse of coverage. Employees may also choose not to continue coverage during leave. If coverage for an employee is discontinued, the employee may be reinstated to the plan as long as the employee returns to work within the time period allowed by the FMLA based on the certification provided by the employee.

Payments for other benefits (i.e. life insurance) must be paid in full by the employee during the period of leave. Said payments shall be made directly to the City Clerk's office.

If a husband and wife who are both employed by the City request leave due to the birth or placement with the employee of a child, the total number of work weeks of Family and Medical Leave to which both employees are entitled will be limited to twelve (12) work weeks during the twelve (12) month period.

Employees who have accrued paid benefit leave time including, but not limited to, compensatory time shall be required to use all paid time leave benefits before being placed on unpaid leave status. Paid leave time will run concurrently with unpaid leave time for the duration of the family medical leave. The entire leave period, paid or unpaid will be counted toward the twelve (12) week or twenty-six (26) week maximum family and medical leave provided by the City. All leave taken under this policy shall be counted against the employee's leave entitlement. If the leave is related to the employee's serious health condition, the employee shall exhaust all short-term disability pay before continuing such leave on an unpaid basis.

It will not be considered a break in service when an employee takes leave in accordance with this policy, provided the employee returns to work at the expiration of the approved leave period.

Paid leave time benefits do not accrue during any unpaid portion of a family and medical leave. An employee's credit for length of service is protected, but the employee's anniversary date may be adjusted to reflect the time away from work.

Before returning to work, an employee who is on leave of absence as a result of his or her own serious health condition must submit a health care provider's written certification that the employee may return to work. Failure to provide such certification may result in the delay or denial of job restoration. An eligible employee who takes leave in accordance with this policy shall, upon return from such leave, be restored to the position held by the employee when the leave commenced, or a substantially equivalent position with equivalent pay and benefits.

An employee who fails to return to work immediately following a family and medical leave will be considered to have voluntarily resigned.

(Ord. No. 72-2011, § I(Exh. A), 12-20-2011; Ord. No. 44-2015, § I, 6-16-2015)