A.    Purpose. To outline the conditions under which an employee may request time off without pay for a limited period with job protection and no loss of accumulated service if the employee returns to work pursuant to the Family and Medical Leave Act (FMLA).

    B.    Definition. A family or medical leave of absence is defined as an approved absence available to eligible employees for up to twelve (12) weeks of unpaid leave during a twelve (12) month period under particular circumstances set forth in this policy. To determine the amount of FMLA leave to which an employee is entitled, the twelve (12) month period is measured on a rolling basis backward from the date that the employee uses any FMLA leave. In other words, any FMLA leave that was taken by the employee during the twelve (12) months preceding the date that the employee requests additional FMLA leave will be counted to determine the amount of FMLA leave remaining.

    Leave may be taken:

    1.    On the birth of an employee’ s child, provided the leave is concluded within twelve (12) months of the birth;

    2.    On the placement of a child for adoption or foster care with an employee, provided the leave is concluded within twelve (12) months of the placement;

    3.    To care for a child, spouse, or parent who has a serious health condition; or

    4.    For the employee’ s own serious health condition that makes the employee unable to perform at least one essential function of the employee’ s job.

    C.    Scope. This policy applies to all family and medical leaves of absence including leaves that are covered under paid employment benefit plans or policies for any part of the twelve (12) week leave to which the employee may be entitled under this policy. In other words, if an employee takes leave for a purpose covered by the FMLA, the employee must first exhaust any accrued vacation or personal time, plus, if the leave is for the employee’ s serious health condition, any accrued sick leave. Once paid leave has been exhausted, further leave time taken under this policy will be unpaid. Paid leave taken for a purpose covered in this policy will be counted against the employee’ s twelve (12) week annual FMLA allowance so that the use of available vacation, personal or applicable sick benefits will not increase the total amount of FMLA entitlement.

    D.    Eligibility. To be eligible for leave under this policy, an employee must have been employed here for at least twelve (12) months and must have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the beginning of the leave. In addition, the employee must work at a location at which there are at least fifty (50) employees within a seventy-five (75) mile radius.

    E.    Basic Regulations and Conditions of Leave.

    1.    Medical Certification. The city will require medical certification to support a claim for leave for an employee’ s own serious health condition or to care for a seriously ill child, spouse, or parent. (A certification of health care provider form is available at the office of the city clerk.) The city may require a second medical opinion at its own expense. If the first and second opinions differ, the city may require the binding opinion of a third health care provider, approved jointly by the city and the employee and paid for by the city. The city may require periodic recertification, and if the leave is for the employee’ s own serious health condition, may also require certification of the employee’ s ability to return to work.

    Medical certification forms may be obtained from the city. It is the responsibility of the employee to ensure that the health care provider completes the form and that it is returned to the city in a timely manner.

    2.    Intermittent or Reduced Leave. Leave may be taken on an intermittent or reduced-leave schedule if it is medically necessary for a serious health condition of the employee or his or her spouse, child, or parent. If leave is requested on this basis, however, the city may require the employee to transfer temporarily to a part-time schedule or an alternative position that better accommodates recurring absences. The alternative position will have equivalent pay and benefits.

    3.    Spouses Combined Leave. Spouses who are both employed by the city are entitled to a joint total of twelve (12) weeks’  leave (rather than twelve (12) weeks each) for the birth or placement for adoption or foster care of a child or for the care of a sick parent. For any other qualifying FMLA reason, each spouse will be entitled to the full twelve (12) weeks of FMLA leave, or that portion of leave remaining in the relevant twelve (12) month period.

    F.    Notification and Reporting Requirements. When the need for leave is foreseeable, such as the birth of a child, the placement for adoption or foster care of a child, or planned medical treatment, the employee must provide thirty (30) days’  advance notice and make an effort to schedule leave so that it does not unduly disrupt city operations. When the need for leave is not foreseeable, the employee must provide notice as soon as practicable upon learning of the need for leave. Employees who are ill will be required to report periodically on their status and their intention to return to work.

    G.    Status of Employee Benefits During Leave of Absence.

    1.    Health insurance. Group health care coverage will continue for employees on leave as if they were still working. Employees who are granted an approved leave of absence under this policy are advised to arrange to pay their share of premiums during the absence. If the leave is paid, premiums will continue to be paid through payroll deductions. If the leave is unpaid, employees are responsible for making sure the city receives premium payments by the normal payroll dates. The office of the city clerk will provide a schedule of payment amounts and due dates at the beginning of any unpaid leave of absence.

    2.    Recovery of Premiums. If an employee chooses not to return to work, or does not stay at work, for at least thirty (30) days upon return (for reasons other than retirement), after an approved absence under this policy, the city may recover from the employee the cost of any payments made to maintain the employee’ s health insurance during the leave, unless the failure to return is because of a serious health condition or reasons beyond the employee’ s control. Benefit entitlements based on length of service will be calculated as of the last paid work day before the start of the unpaid absence.

    H.    Procedures.

    1.    Request Form. A request for family and medical leave of absence form must be filled out in duplicate by the employee. This form must be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approvals, and forwarded to the office of the city clerk (a "request for family and medical leave of absence" form is available at the office of the city clerk). If possible, the form should be submitted thirty (30) days before the effective date of the leave.

    I.    Job Restoration. Upon return from leave taken under this policy, the employee will be restored to his or her original job, or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

    Exception. If an employee on leave is salaried and among the highest ten (10) percent of city employees within seventy-five (75) surface miles, and keeping the job open for the employee would result in substantial and grievous economic injury to the city, the employee can be denied job restoration after leave. In this situation, however, the employee will be given an opportunity to return to work during leave.

    J.    Nondiscrimination, nonretaliation. An employee’ s exercise of his or her rights under the FMLA will not negatively affect the employee’ s employment or the terms and conditions of employment. However, employees will not be entitled to any benefits or favorable treatment because of the exercise of rights under the FMLA, but rather will receive the same treatment he or she would otherwise have received.

    The city will not interfere with, restrain or deny the exercise of any right provided by the FMLA, nor will it retaliate against any employee for opposing any practice, or because of involvement in any proceeding, related to the FMLA.

    K.    Effect of Labor Agreement. All family and medical leave will be governed by the provisions of this policy unless modified by an applicable labor agreement. (Ord. 1922 § 1, 2001)

2.68.395