§ 2-669. Procedures.

(a)

An eligible employee will be granted up to 12 weeks of leave of absence in any 12-month period beginning with the first date of absence. This leave may be either paid or unpaid according to benefit time eligibility. In the case of spouses who are both employed by the employer, the total leave available will depend on the reason for the leave.

(b)

To be eligible for leave, an employee must have been employed by employer for at least 12 months preceding the requested leave. All periods of employment will count towards the 12-month requirement even if there have been breaks in employment. Furthermore, the employee must have worked at least 1,250 hours within that 12-month period.

(c)

The employee shall request FMLA through the Department of Human Resources using the appropriate request forms as prescribed by the U.S. Department of Labor.

(d)

The employee's health care provider must designate that the leave appears to qualify under FMLA and Human Resources will request that the medical certification by a health care provider be completed after the appropriate notice is given from the employee.

(e)

If the employee is absent more than three consecutive days, the absence will be counted toward FMLA leave unless the employee documents the absence does not qualify.

(f)

If the leave is of a type which can be planned or anticipated, the employee shall provide the employer with not less than 30 days' notice, except that if the date of the illness or treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

(g)

A family leave of absence will be granted for:

(1)

The birth of the employee's child and in order to care for the child;

(2)

The placement of a child with the employee for adoption or foster care except when the employee is a licensed foster parent and receiving compensation as an agent of the Department of Public Welfare;

(3)

The care of the employee's spouse, child or parent who has a serious medical condition; and

(4)

Eligible employees are entitled to up to 12 weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active military duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency."

(h)

A medical leave of absence will be granted for:

(1)

An injury incurred arising outside of the scope of employment or in the course of the employment;

(2)

A serious medical condition is defined in the FMLA to mean an illness, injury, impairment, or physical or mental condition that (1) involves period of incapacity or treatment connected with in-patient care at a hospital, hospice or residential medical care facility or (2) involves continuing treatment by a health care provider or (3) a chronic health condition which requires periodic visits to a healthcare provider or (4) pregnancy or pre-natal care.

(i)

Leave may be taken intermittently or on a "reduced leave schedule" if:

(1)

The leave is for the employee's own illness or the care of an ill spouse, child, or parent;

(2)

The leave is medically necessary; and

(3)

The employer and employee agree to the arrangement;

(4)

Provided, however, to accommodate intermittent or reduced schedule leave due to planned medical treatment, the employer can require the employee to transfer to another position, with equivalent pay and benefits, that would accommodate recurring time off and lessen the impact to the employer's operation; and

(5)

Intermittent leave will not be granted for bonding with newborns or adopted children. This leave time must be taken in one continuous block of time.

(j)

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active military duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the military service member. This provision became effective immediately upon enactment. This military caregiver leave is available during "a single 12-month period" during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

(k)

The employee may be requested to submit periodic medical certifications while on leave. In its discretion, the employer may require a second medical opinion, and/or periodic recertification, at its own expense. If the first and second opinions differ, the employer, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the employer and the employee.

(l)

All provisions of this policy shall prevail except as follows:

(1)

Teamsters—No occurrence shall be incurred for the use of a sick day; also no bonus day shall be earned for the same period of the following year.

(2)

IBEW—The labor agreement shall prevail when the language is less restrictive that the federal FMLA guidelines.

(3)

EMS—The labor agreement shall prevail when the language is less restrictive that the federal FMLA guidelines.

(4)

Firefighters—Nothing in this division should be construed to limit or deny sick leave benefits provided to firefighters in the labor agreement between the city and the firefighters.

(5)

Police officers—Nothing in this division should be construed to limit or deny sick leave benefits provided to police officers in the labor agreement between the city and the police officers.

(Ord. No. 5183, §§ 1, 2, 10-20-2008)

Editor's note

Ord. No. 5183, §§ 1, 2, adopted Oct. 20, 2008, repealed former § 2-669 and enacted new § 2-669 as set out herein. The former § 2-669 pertained to similar subject matter. See the Code Comparative Table for complete derivation.