HomeMy WebLinkAbout0608 Family and Medical Leave71
608 Family and Medical Leave
.01 Policy
The City complies with the federal Family and Medical Leave Act (FMLA) of 1993
and its amendments. The law allows eligible employees up to 12 weeks of job-
protected leave during a 12-month period to tend to a serious medical condition of
self, spouse, parent, or child under the age of 18 or 18 years of age or older and
incapable of self-care because of a mental or physical disability. This policy also
allows for eligible employees to take a leave for twenty-six (26) weeks during a
single 12-month period to care for an injured service member.
.02 Eligibility Requirements
Under FMLA an employee is eligible for leave if they have been employed for at
least 12 months (time need not be continuous but within the past seven years)
prior to the first date of leave, and have worked for the City at least 1,250 hours
during the immediate 12-month period. Time requirement does not include time
paid but not worked (i.e. sick, vacation pay, administrative leave). FMLA allows
eligible employees to take up to 12 weeks of leave for a qualifying circumstance.
Qualifying circumstances for leave:
1. The birth of a child or placement of a child for adoption of foster care
2. The serious health condition of the employee’s spouse, parent, or
child
3. The employee’s own serious health condition
4. Qualifying Exigency Leave
5. Military Caregiver Leave
Military Caregiver Leave allows an employee to take 26 weeks of leave to care for
a covered service member who incurred a serious injury or illness on active duty.
Leave Entitlement
The hours of leave entitlement depend on the employee’s regular work schedule.
Firefighters working 24 hour shifts will be eligible for 672 hours of FMLA in a 12-
month period. Sworn Law enforcement employees on an 80-hour work period will
be eligible for 480 hours of FMLA in a 12-month period. Full-time employees
scheduled 40 hours per week will be eligible for 480 hours of FMLA leave in a 12-
month period. For regular part-time employees who work variable hours, the
average weekly hours worked during the previous 12 months will be used to
calculate the employee’s FMLA leave entitlement. The 12-month period is
measured forward from the date the employee first takes FMLA leave.
Married couples working for the City may receive up to 12 weeks of leave each.
For example, if a couple qualifies due to the birth of a child, each parent would be
granted up to 12 weeks of leave.
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.03 Procedure
Where possible an employee should give thirty (30) days’ notice of intent to take
FMLA. If 30 days’ notice is not possible the employee should give notice as soon
as conceivable.
The City must then notify the employee of their eligibility to take FMLA leave within
five (5) business days.
Procedures for Certification of Leave
Medical certification may be required from a health care provider to support the
qualifying circumstance and determine a time frame of incapacity. Required
medical certifications must be entirely completed and returned to Risk
Management by the employee within fifteen (15) calendar days. Failure to
complete or return the documentation can be grounds for FMLA denial. It is the
employee’s responsibility to ensure the necessary paperwork is received by Risk
Management. If certification is incomplete or insufficient in anyway the City will
grant seven (7) additional days to correct the medical certification. The City may
contact the health care provider only for purposes of authentication and
clarification of a completed medical certification. The City uses the medical
certifications published by the U.S. Department of Labor and follows GINA Law. A
designation notice will be returned to the employee, within five (5) business days
of obtaining a completed medical certification, explaining the type of leave
approved or explaining denial. If there is sufficient information to designate leave
without the medical certification, then designation will be provided at that time. The
City may also retroactively designate FMLA to the first day leave was taken for a
qualifying condition. The City will provide notice to the employee of this
designation.
The employee may be asked to provide a second medical opinion. If a second
opinion is requested, the City will select the health care provider and will cover the
costs. The health care provider selected will not be employed on a regular basis
by the City. If the initial and second opinions conflict, a third opinion may be
requested. This opinion is final and binding and is at the City’s expense. The third
opinion must be approved jointly by the City and employee.
Utilization of Paid Leave and Benefits:
Employees on FMLA leave will be required to exhaust accrued paid leave before
taking an unpaid status during the 12 week leave period. Accruals will run
concurrently with FMLA and be taken in the following order, unless otherwise
requested by employee before leave begins.
1. Sick time
2. Vacation time
3. Compensatory time
4. Personal Holiday
5. Holiday
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If an employee enters into an unpaid status for more than half their standard
workdays in a month, vacation and sick leave ceases to accrue.
If an employee is out on continuous leave during a City holiday the entire week will
be counted towards the 12-week entitlement. However, if an employee is on
intermittent leave, and taking time in increments less than one week, the City
holiday will not count against the employees FMLA entitled time unless the
employee was otherwise scheduled and expected to work during the holiday. City
designated holiday pay shall take precedence over paid leave accruals the
employee is using during FMLA leave. If the employee is in an unpaid status
immediately preceding a City holiday, the employee will not be compensated under
holiday pay. In the event of inclement weather an employee not released to work
will continue to use FMLA designated leave accruals. The use of both accruals
and holiday pay resulting in overtime will not be allowed if an employee is out on
FMLA.
Employees out on leave will continue to receive benefits. If the employee exhausts
all paid accruals and goes into an unpaid status the employee will be responsible
for making benefit premium payments directly to Risk Management. The City will
continue to pay for its portion of eligible benefits. Employee’s longevity pay will
continue to accrue while on FMLA leave, regardless of paid status. Employees on
FMLA leave may not be disqualified from the Sick Leave Buy Back or Tuition
Reimbursement programs.
Leave Schedule
If leave is not taken on a continuous basis, it may be taken on an intermittent or
reduced work schedule depending on the qualifying circumstance. If intermittent
leave is taken the dates and duration of treatments must be included in the medical
certification. Where possible, with cases of planned treatments the employee
should work with their supervisor and Risk Management to establish a reduced
work week. Some instances of a reduced work week may be required to apply for
modified duty. The supervisor and employee will agree on the intermittent or
reduced work schedule and submit in writing the schedule to Risk Management.
When intermittent leave is unforeseeable due to an onset of a chronic illness the
employee must follow the City policy on sick absences. Exempt employees
working an intermittent or reduced schedule and have exhausted all paid accruals,
will not be paid for hours not worked. Under these circumstances, the exempt
employee’s regular salary will be reduced when partial days are taken off. The City
may also transfer the employee temporarily to an alternative job with equivalent
pay and benefits that better accommodate the need for leave, if unable to do so
under the employee’s regular job duties.
Birth of child or adoption must be taken in continuous block of time, unless a
reduced schedule is a viable option within the department and approved by the
supervisor. Once an employee returns to their regular work schedule after the birth
or placement of child, FMLA leave ends. An expectant mother may take leave
intermittently for prenatal examinations or work a reduced schedule based off
medical necessity. Expectant fathers may take intermittent leave or work a reduced
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schedule based off the medical needs of the mother, this does not include routine
prenatal visits. For adoptions intermittent leave or a reduce work schedule are
allowable prior to placement for qualifying reasons.
Especially in cases of intermittent or reduced schedule the City may require the
employee to re-certify with their doctor. This requires a new medical certification
be completed.
Workers’ Compensation
Leave for a Workers’ Compensation injury or illness that meets the definition of a
serious health condition will be designated as FMLA leave and run concurrently
with Workers’ Compensation Leave. Employees may not elect to exhaust any form
of accrued paid leave for their work related injury or illness (sick, vacation, etc.)
during any portion of their absence in which the employee is receiving or may
become eligible to receive temporary income benefits. The first 90 days the
employee is out due to a work related injury or illness maybe eligible for a
supplement of the temporary income benefits.
.04 Return to Work
Employees should stay in contact with their supervisor and the Benefits
Administrator regarding return to work options. Employees should notify their
supervisor and the Benefits Administrator as soon as possible to the anticipated
return date. An employee out due to their own serious health condition must have
the Fitness for Duty Certification signed by their health care provider releasing
them to work in a full capacity. If the employee cannot return in full capacity
modified duty may be an option. If the employee misses more than 10 consecutive
shifts they are required to complete a drug screen, and if applicable to the position,
a functional assessment screening. The City will delay restoration of employment
until these requirements are met. Upon returning from FMLA the employee is
entitled to be returned to the same or equivalent position with equivalent benefits,
salary, and working conditions.
If an employee is unable to return to work due to their own serious health condition
after the FMLA leave entitlement is exhausted, they may continue to use their
eligible paid accruals as long as medically necessary. If all paid accruals are
exhausted an employee must request personal leave through the Human
Resources Department. Those on FMLA due to an on the job injury may not
request personal leave or use paid accruals if receiving a Workers’ Compensation
benefit.
.05 Definitions
Serious health condition – means an illness, injury, impairment or physical or
mental condition that involves inpatient care or incapacity for more than 3
consecutive calendar days.
Parent – means the biological parent of an employee or an individual who stands
or stood in loco parentis to an employee when they were a child. This does not
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include parent-in-laws.
Child – means a biological adopted, or foster child, a stepchild, or legal ward who
is under the age of 18 years of age, or 18 years of age or older and incapable of
self-care because of a disability.
Spouse – means a person in a legal recognized union of two individuals in a marital
relationship, including common law marriage as recognized by law.
Qualifying Exigency – Service member is on active duty or called to active duty
status in the National Guard or Reserves in support of a contingency operation.
Military Caregiver – spouse, parent, child or next of kin of a service member who
has incurred a serious injury or illness on active duty.
Needed to Care – medical certification provision in which the employee is needed
to care for a family member and includes both physical and psychological care.
Revised 11/03/2017
Revised 06/16/2021