Agenda - Council Work Session - 07/22/2014

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required before sick loavo will bo authorized. Paid leave time. FMLA leave may run concurrentivis selnsidera d to b a tadlat% aitauwltatla timely with a worker's compensation absence if the on-the-iob iniury or illness also Qualifies as a serious health condition under the FMLA. family and medical loavo. Subiect to the terms, conditions, and limitations of applicable plans, eligible employees are entitled under the FMLA to the same health insurancelgoalth benefits provided will continua to b a p Rid -by the City while on FMLAfa: aRt si*agav-rilizylvita family a u�isiv. leave toot the same extentlevel as if the employee were not on FMLA leavewerking. Employees who contribute toward their health care coverage must continue to make that contribution while on leave, either through payroll deduction (if using paid leave) or by personal check (if using unpaid leave). If the employee fails to return to work after taking family or medical leave, the City may recover the premiums paid by the City for group health and life insurance unless the serious health condition of the spouse, child, parent or employee continues or for other circumstances beyond the control of the employee. Vacation, sick, and holiday leave will not be earned during a period of unpaid FMLAfamily or medical leave. FMLAUsc of approvei &wally cr ttrAi i leave - whether paid or unpaid — will not constitute a break in service for purposes of computing years of service. Employees generally hav:r' - awplay,x 1a the right to return to an equivalent position with equivalent benefits, pay and other terms and conditions of employment upon returning to work after a period of FMLA&ufail.y ucdical leave. However, employees who fail arc unable to return to work following, or require additional time away from work after exhausting,and have exhausted their FMLA leave in the designated "12 month period" no longer have FMLA protections of leave or job restoration. In addition, an employee who fails to return to work at the end of FMLA leave, in most cases. will be considered to have voluntarily resigned his/her position with the City. Employees who do not return to work at the end of their FMLA leave may be terminated. The City requires a medical certificate attesting to the employee's fitness for duty prior to the employee being allowed to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The Human Resources Manager may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act. If a fitness for duty certification is required, the City may deny reinstatement until it is provided. Records on family and medical leave will be kept along with normal personnel records except that any medical record will be maintained separately as a confid'Mud radical record in accordance with applicable lawstho law. The FMLA is a complex area of law with detailed federal regulation that is impacted by other related issues. Questions should be directed to Human Resources. This policy is effective August 5, 1993 fur all tot union personnol and Jatawwt7 1, 1P91 for all collective bargaining poranull l. Approval by tho City Council on Capiitmb ir 11, 1P99. Revised January 2006. -6.5 Extended Medical Leave 22IPago 1 Formatted: Font: Arial, 14 pt J 4 Formatted: Font: Arial, 14 pt J <'i {Formatted: Heading 2 J Formatted: Font: 12 pt 4 Formatted: Footer, Line spacing: single