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FAMILY AND MEDICAL LEAVE POLICY AND PROCEDURES
AUTHORITY
U.S Department of Labor
Employment Standards Administration
Wage and Hour Division
PURPOSE
FMLA is designed to help employees balance their work and family responsibilities by allowing them to
take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the
legitimate interests of employers to promote equal employment opportunities for men and women.
The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take job -protected,
unpaid leave or substitute appropriate eamed/accrued paid leave for up to twelve (12) workweeks in a
twelve (12) month period for specified family and medical reasons when certification is provided.
Employees are eligible if they have worked for a covered employer for at least twelve (12) months, and
worked a minimum of 1250 hours during the twelve (12) month period preceding the commencement of
the leave, and worked at a location with at least 50 employees at the location or within 75 miles of the
location. The law also allows eligible employees to take up to 26 workweeks for leave during a single
12-month period if the employee is the spouse, son, daughter, parent, or next of kin caring for a military
service member recovering from an injury or illness suffered while on active duty in the armed forces.
The authorization for substitution of paid leave is regulated by the City. The City measures the "12-
month period" as beginning on the first date FMLA leave is taken. The next 12-month period would
begin after completion of any previous 12 month period.
DEFINITIONS
Immediate Family Member: Employee's spouse, children (son or daughter), parents, and grandparents.
Child: Biological son or daughter, adopted, foster child, step -child, legal ward, or child of a person
standing in loco parentis who is under 18, or 18 or older, and incapable of self care due to a mental or
physical disability that limits one or more of the "major life activities" as those terms are defined in
regulations issued by the Equal Employment Opportunity Commission (EEOC).
Parent: A person who stands or stood in loco parentis to an employee when the employee was a son or
daughter. This terin does not include "parent -in-law".
Spouse: Husband or wife of the employee as defined or recognized under state law for the purposes of
marriage in the state where the employee resides.
Next of Kin: Nearest blood relative other than spouse, parent, son or daughter.
REASON FOR TAKING LEAVE
Employees may request FMLA leave for the care of an immediate family member which includes:
parent, spouse, son, daughter, and grandparents.
Interoffice Memorandum
To: All Department Heads
From: Vaunette Davis —Human Resource Specialist
Thru: Debra Krueger -- Director of Hannan Resources
Subject. Family Medical Leave Act Policy & Procedure.
Date: June 24, 2009
Enclosed is our newly revised Family Medical -Leave Act Policy and Procedure. The intent of the
FMLA is to provide up to 12 weeks of job protection to all employees. It is important for your
employees to understand the policy and to be assured that this policy is a benefit.
For our policy to work we must work together as a team. When an employee is absent in excess of
three (3) days for illness for self or family member, the Department Head or supervisor must notify
Human Resources Department so we may begin the process. For those employees already on FMLA
approved absence, you must indicate FNILA on the leave request fo ....
Again, please re -iterate to your employees that this is for their job protection and we must stay in
compliance per the Department of Labor. Failure to provide requested information within a
stipulated time period could result in denial of benefits.
Please have each employee read the policy, sign the attached sheet, and return the signed sheet to the
Human Resources Department.
Please contact me or have your employees contact me with their questions.
Leave inust be granted for any of the following reasons:
The birth of the employee's child, and to care for the newborn child;
2. The placement of a child with the employee for adoption or foster care, and to care for the newly
placed child;
To care for employee's spouse, child, or parent who has a serious health condition.
4. A serious health condition including Worker's Compensation related injuries, which renders the
employee incapable of performing the functions of his or her job.
V. SERIOUS HEALTH CONDITION
"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 (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facility; or
2. Continuing treatment by a health care provider which includes any period of incapacity (i.e.,
inability to work, attend school or perform other regular daily activities) due to:
A health condition (including treatment or recovery) that lasts more than three consecutive days,
and any subsequent treatment or period of incapacity relating to the same condition that also
includes:
A period of incapacity requiring absence from work of more than three consecutive calendar
days from work, or other regular daily activities that also includes:
a. Treatment, two or more times by or under the supervision of a health care provider
within 30 days of the onset of the incapacity. The first visit must be made in the first
seven days; or;
b. One treatment by a health care provider with a continuing regimen of treatment; or
Any period of incapacity due to pregnancy, or for prenatal care. A visit to the health care
provider is not necessary for each absence; or
Any period of incapacity due to a chronic serious health condition; or
6. A period of incapacity that is permanent or long-term due to a condition for which treatment
may not be effective (e.g., Alzheimer's, stroke, terminal diseases etc); or
7. Any absences to receive multiple treatments (including any period of recovery) by, or on referral
by a health care provider for a condition that likely would result in incapacity for more than
three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
VI. MILITARY CAREGIVER LEAVE / COVERED SERVICE MEMBER LEAVE
Eligible employees who are the spouse, parent, son, daughter or next of kin of a service member will be
able to take up to 26 workweeks of leave in a "single 12-month period" to care for a covered service
member with a serious illness or injury incurred in the line of duty on active duty. The service member
must have a "serious illness or injury" incurred while on active duty that may render the member unable
to perform the duties of his or her office, grade, rank or rating, and for which the member is:
a. Undergoing medical treatment, recuperation or therapy
b. An outpatient
C. On a temporary disability retired list.
Where there are multiple family members with the same level of relationship to the covered service
member, all such family members may take military caregiver leave, either consecutively or
simultaneously.
Unless the service member designates in writing a specific person as "next of kin", the Department of
Labor defines "next of kin" as:
a. Blood relative designated in writing
b. Blood relatives granted legal custody
C. Siblings
d. Grandparents
e. Aunts/Uncles
f. First Cousins
V. LENGTH OF MILITARY CAREGIVER LEAVE
The entitlement to military caregiver leave is 26 workweeks in a single 12-month period. The "single 12-
month period" in which military caregiver leave may be taken begins on the first day the employee takes
leave to care for the covered service member and ends 12 months after that date, regardless of the
method used by the employer to determine the 12-month period for any other FMLA qualifying reason.
Although military leave is generally a one-time entitlement that does not renew each year like other
types of FMLA-qualifying leave, it must be applied on a "per covered service member, per injury basis".
Spouses working for the same employer
For service member leave, eligible spouses who both work for the same employer are limited to taking a
combined total of 26 weeks of leave during the "single 12-month" period. This applies even if spouses
work at different locations for the same employer.
VI. OUALIFYING EXIGENCY LEAVE / ACTIVE DUTY LEAVE
This entitlement helps families of members of the National Guard and Reserves manage their affairs
while the member is on active duty in support of a contingency operation. This provision makes the
normal 12 workweeks of FMLA job -protected leave available to eligible employees with a covered
military member serving in the National Guard or Reserves to use for "any qualifying exigency" arising
out of the fact that a covered military member is on active duty or called to active duty status in support
of a contingency operation. The rule defines "qualifying exigency" as:
Short Notice Deployment
To address any issue that arises from the fact that a covered military is notified of an impending
call or order to active duty seven, or fewer calendar days prior to the date of deployment, for use.
during that seven-day period.
2. Military Events and Related Activities
To attend any official ceremony, program or event sponsored by the military that is related to the
active duty status or: family support or assistance programs and informational briefings
sponsored or promoted by the military, military service organizations, or the American Red
Cross that are related to the call to active duty.
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Childcare and School Activities
With respect to the child of the covered military member:
a. To arrange a change to existing childcare.
b. To provide childcare on an urgent, temporary, immediate need basis.
C. To enroll or transfer child to a new school or day care facility when necessary due to
the call to active duty status.
d. To meet with school or day care staff when such meetings are necessary due to the call
to active duty.
4. Financial and Leeal Arraneements
To make or update financial or legal arrangements to address the covered military member's
absence, such as preparing and executing financial and health care powers of attorney,
transferring bank account signature authority, or updating a will; and to act as the covered
military member's representative for purposes of military service benefits while on active duty,
and no more than 90 days following termination of active duty.
Counseline
To attend counseling by someone other than a health care provider for the employee, for the
covered military member, or for the child of the covered military member as defined by the final
rule, when the need arises due to the call to active duty.
Rest and Recuperation
To spend time, not to exceed five days of leave in each instance, with a covered military member
who is on short-term, temporary, rest and recuperation leave during the period of deployment.
7. Post Deplovment Activities
To attend such official military events as arrival ceremonies and reintegration briefings during
the 90-day period following termination of active duty status; and to address issues related to the
death of the covered military member.
Additional Activities
To address other events arising from the call of active duty status, providing that the employer
and the employee both agree that the event is a qualifying exigency and also agree to both the
timing and duration of the leave.
Employee seeking qualifying exigency leave must give reasonable and practicable notice if the exigency
is foreseeable. Leave due to a qualifying exigency may be taken on an intermittent or reduced leave
schedule, and the employer may require certification of the need for leave from the employee, which
may include, a copy of the call, or order to active duty, cite a listed reason for the leave, and give the
anticipated length of absence.
VIl. PAID / UNPAID LEAVE
FMLA leave is unpaid leave, but at the option of the employee or employer, this could be with or
without pay. Employees may choose to use, or employers may require the employee to use, accrued paid
leave (i.e., sick, vacation) to cover some or all of the FMLA leave taken. The employer is responsible for
designating if an employee's use of paid leave counts as FMLA leave based on information from the
employee.
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VIII. CONCURRENT LEAVE
All FMLA Leave time runs concurrent with short term disability, worker's compensation, or any
qualifying event. FMLA may run concurrent with a Worker's Compensation absence when the injury is
one that meets the criteria for a serious health condition, and proper notice is provided by the employer
that it will and has designated the workers' compensation absence as FMLA.
DX. NOTICE AND CERTIFICATION
Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take
FMLA Leave when the need is foreseeable and such notice is practicable.
The employer may also require employees to provide;
1. Medical Certification issued by a health care provider supporting the need for leave for a serious
health condition of the employee or the employee's immediate family member;
2. Second or third medical opinions (at the employer's expense) and periodic recertification; and
3. Periodic reports during FMLA leave regarding the employee's status and intent to return to
work.
The employee is allowed at least 15 calendar days to obtain the medical certification.
When intermittent leave is needed to care for an immediate family member or the employee's own
illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to
unduly disrupt the employer's operation.
If the FMLA leave is for the employee, before the employee can return to work he/she must provide
documentation from his/her health care provider indicating any and all restrictions of work duties and the
necessary accommodations.
The City will try to accommodate the employee providing that it does not cause undue hardship for the
City.
X. HEALTH CARE PROVIDER
1. Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in
which the doctors practice; or
2. Podiatrists, Dentists, Clinical Psychologists, Physicians Assistants, Optometrists and
Chiropractors (limited to manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their
practice, under state law; or
3. Nurse Practitioners, nurse midwives and clinical social workers authorized to practice, and
performing within the scope of their practice, as defined under state law; or
4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts; or
5. Any heath care provider recognized by the employer or the employer's group health plan
benefits manager.
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XI. PROCEDURE TO REOUEST FMLA LEAVE
When an employee is absent from work for three or more consecutive days on sick leave, the
employee will receive a letter from the City advising that the days absent may qualify for
FMLA.
2. If the employee elects to use FMLA, they must notify the Human Resources Department in
writing for the completion of the proper documentation.
If an employee does not have sufficient accrued leave balance to cover such absence, they must
advise Human Resources Department in writing and a "request for donation" may be sent to all
city employees. If no donation is received, the employee's leave will be unpaid.
XII. EMPLOYEE'S RESPONSIBILITY WHILE ON LEAVE
An employee granted a leave of absence in excess of twelve (12) weeks shall contact his/her
department and inform his/her Director, or designee, on a monthly basis, (unless other reporting
arrangements have been approved in advance), of his current status and intent to return to work.
2. An employee on a leave of absence shall keep his department advised of any change in his/her
current address and telephone number, if applicable.
3. An employee who is granted a leave of absence must notify and make arrangements with the
Human Resources Department prior to the effective date of the leave and advise if they wish to
continue or discontinue any form of group insurance coverage.
4. An employee who wishes to return to work on or before his/her leave is scheduled to expire,
shall be required to provide the department with at least one (1) week prior notice.
Extensions requested by the employee beyond the twelve (12) weeks must be requested in
writing and require the approval of the Department Head, the City Manager, and the Human
Resources Director.
XIII. RETURN FROM LEAVE OF ABSENCE / JOB RESTORATION
An employee who returns to work within the twelve (12) week entitlement will be returned to
the same position. If circumstances have changed so as to make that impossible or unreasonable
as determined by the City Manager or Human Resources Director, the employee shall be placed
in an equivalent position with equivalent benefits and pay.
2. An employee who has utilized the twelve (12) week entitlement and is granted an extension shall
be permitted to return to work to his/her prior position or classification providing a vacancy
exists and he/she is able to perform the essential functions of the job with or without
accommodation. If a vacancy does not exist, the City shall make a reasonable effort to transfer
him/her within thirty (30) calendar days to a position for which he/she is qualified. If no position
is available; he/she shall be terminated and shall be eligible for reinstatement to his/her
classification for a period of one (1) year.
An employee wishing to return to work from a medical leave of absence should be required to
provide the department head with a one (1) week notice prior to his/her requested date of return,
to include certification from the health care provider that he/she is available to resume all of the
essential functions of his/her position, including regular attendance and is fit for duty. The City
has a right to request a second or third examination, at the City's expense, prior to approving the
employee's return to work. The City shall not be responsible for the employee's time and
incidental expenses.
XIV. JOB BENEFITS AND PROTECTION
For the duration of FMLA leave, the employer must maintain the health coverage for employee only
under any "group health plan."
An employer's obligation to maintain health benefits under FMLA stops if and when an employee
informs the employer of any intent not to return to work at the end of the leave period, or if the employee
fails to return to work when the FMLA leave entitlement is exhausted.
The employer's obligation also stops if the employee's premium payment is more than 30 days late and
the employer have given the employee written notice at least 15 days in advance that coverage will cease
if payment is not received.
XV. ADVERSE ACTION
No adverse action can result from an employee's use of FMLA leave. For example, no discipline can be
administered for taking FMLA leave and performance evaluations cannot reflect less favorably on the
employee's performance. Questions concerning the interpretation, application and administration of this
section as it relates to the Family Medical Leave Act should be directed to the Human Resources
Director.
In accordance with regulations of the Family Medical Leave Act, when an employee is granted leave for
documented medical reasons and subsequently provides unequivocal medical notice that he/she will not
be able to return to work due to the inability to perform the essential functions of his/her job, the
employee will be separated from employment with the City. The employee's entitlement to continued
leave under the FMLA as well as the illness leave provisions will cease at the time of termination.
XVI. UNLAWFUL ACTS BY EMPLOYERS
FMLA makes it unlawful for any employer to:
1. Interfere with, restrain, or deny the exercise of any right provided under FMLA.
2. Discharge or discriminate against any person for opposing any practice made unlawful by,
FMLA or for involvement in any proceeding under or relating to FMLA.
XVII. ENFORCEMENT
The U.S Department of Labor is authorized to investigate and resolve complaints of violations. An
eligible employee may bring a civil action against an employer for violations. FMLA does not affect any
Federal or State law prohibiting discrimination, or supersede any State or Local law or collective
bargaining agreement which provides greater family or medical leave rights.
For Additional Information
Contact the nearest office of the Wage and Hour Division,
listed in most telephone directories under U.S Government, Department of Labor.
U.S Department of Labor
Employment Standards Administration
Wage and Hour Division
200 Constitution Avenue, NW
Washington, DC 20210
1-866-4-USA-DOL
Created May 2009
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