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HomeMy WebLinkAboutR-93-48RESOLUTION NO. R-93-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FAMILY AND MEDICAL LEAVE POLICY; PROVIDING FOR THE INCLUSION OF SUCH POLICY IN THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian needs a policy that clearly states the responsibilities of management, supervisors and individual employees as relates to the Family and Medical Leave ACT. WHEREAS, the policy is necessary to comply with the Family and Medical Leave Act, as passed into law on February 5, 1993. WHEREAS, the City of Sebastian needs to let employees know what their rights are under this law before it goes into effect. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The City of Sebastian Family and Medical Leave of Absence Policy, attached hereto as Exhibit "A" is hereby adopted. SECTION II. The City Clerk is hereby directed to supply a copy of this policy to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the city. The city Clerk shall note the number and date of this Resolution on said policy. SECTION III. All ResOlutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION IV. This Resolution shall take effect immediately upon its adoption. The foregoi~ Resolution was moved for adoption by /! Councilmember _ ~ .-~~ .... The motion was seconded by Councilmember ~ ./r~.~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this ay ~.~ i ,'! , 1993. ATTEST: Kathr~n M. O'Halloran, CMC/AAE CI Y~qF ~.~ASTIAN, FL~DA Lo~nie R. Powe~ll~ MaWyor Approved as to Form and Content: Chalres I. Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 FAMILY AND MEDICAL LEAVE OF ABSENCE POLICY PURPOSE A Family or Medical Leave of Absence shall be defined as an approved absence available to all eligible employees for up to twelve (12) weeks of paid or unpaid leave per year under particular circumstances that are critical to the life of the immediate family. Leave may be taken: for the birth of the employee's child; for the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the functions of his/her job because of a serious health condition. Such leave may be taken intermittently, as a reduced work week, or as a consecutive 12-week period depending on the circumstances. ELIGIBILITY Ail regular full-time and part-time employees are eligible. Temporary or seasonal employees are not eligible. Eligible employees shall have been employed by the City for at least twelve (12) months AND worked for the City at least 1250 hours during the previous 12-month period. The only exception to this policy may be Department Heads, if keeping the job open would result in substantial economic injury to the City. REASONS FOR LEAVE Eligible employees may take this leave for the following reasons: 1. to care for the employee's child upon birth or upon placement of a child for adoption or foster care with the employee; 2. to care for the employee's parent, spouse, or child with a serious health condition; or 3. when an employee is unable to work because of the employee's own serious health condition. NOTIFICATION AND REPORTING REQUIREMENTS When the need for family or medical leave is determined, the employee shall provide reasonable prior notice, generally 30 days, and make efforts to schedule such leave so as to not disrupt normal operations. Employees shall have a doctor's note to support a claim for the leave and the time needed to be off. The City may require another opinion (at the City's expense), and shall require monthly doctor's notes of the employee's health condition and shall require a fitness for duty report prior to an employee returning to work. BENEFITS DURING LEAVE Employees taking a leave under this policy are entitled to receive health benefits during the leave at the same level and terms of coverage as if they had been working throughout this leave. Employees with dependent coverage shall continue to pay for dependent health insurance while on leave. Taking this leave shall not result in the loss of any employment benefit that accrued prior to the start of this leave. Employees shall first use any accrued vacation or sick leave, personal days and compensatory time before they can go into an unpaid leave status. RETURN TO WORK Employees returning to work under this policy shall be placed in the same or equivalent position with equivalent pay, benefits and other employment terms and conditions as they had before they went out on leave. This does not give an employee greater rights to reinstatement than if the employee had been continuously employed during the leave. No employee shall be allowed to return to work who has been out due to personal illness without a doctor's note attesting to his/her fitness to return to work. DEFINITIONS 12-MONTH PERIOD is measured from the date the employee first uses this leave. PARENT means the biological parent of an employee or an individual who stood in the place of a parent when the employee was a son or daughter. SERIOUS HEALTH CONDITION means an illness, injury, impairment, or physical or mental condition that involves: any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical-care facility; any period of incapacity requiring absence of more than five calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or continuing treatment by (or under the supervision of) a health care provider for prenatal care or a chronic or long-term health condition that is so incurable or so serious that, if not treated, would likely result in a period of incapacity of more than five calendar days. SON OR DAUGHTER means the biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person who stood in the place of a parent, who is: under 18 years of age; or 18 years of age or older and is incapable of self-care because of a mental or physical disability. SPOUSE means a husband or wife. NOTE: When both a husband and wife are eligible employees of the City and are entitled to this leave, the aggregate number of work weeks of leave to which both may be entitled may be limited to 12 work weeks during a 12-month period.