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Vacation, sick, and holiday leave will not be earned during a period of unpaid FMLA leave. <br />FMLA leave - whether paid or unpaid — will not constitute a break in service for purposes of <br />computing years of service. <br />Employees generally have the right to return to an equivalent position with equivalent benefits, pay <br />and other terms and conditions of employment upon returning to work after a period of FMLA <br />leave. However, employees who fail return to work following, or require additional time away <br />from work after exhausting, their FMLA leave in the designated "12 month period" no longer have <br />FMLA protections of leave or job restoration. In addition, an employee who fails to return to work <br />at the end of FMLA leave, in most cases, will be considered to have voluntarily resigned his/her <br />position with the City. Employees who do not return to work at the end of their FMLA leave may <br />be terminated. <br />The City requires a medical certificate attesting to the employee's fitness for duty prior to the <br />employee being allowed to return to work. The fitness for duty report must be based on the <br />particular health condition(s) for which the leave was approved and must address whether the <br />employee can perform the essential functions of the job. The Human Resources Manager may <br />consult with a physician or other expert to determine reasonable accommodations for any <br />employee who is a "qualified disabled" employee under the Americans with Disabilities Act. If a <br />fitness for duty certification is required, the City may deny reinstatement until it is provided. <br />Records on family and medical leave will be kept along with normal personnel records except that <br />any medical record will be maintained separately in accordance with applicable laws. <br />The FMLA is a complex area of law with detailed federal regulation that is impacted by other <br />related issues. Questions should be directed to Human Resources. <br />6.5 Extended Medical Leave <br />When medically necessary, and upon receipt of a medical certificate from an employee's treating <br />physician, the City Administrator may approve a request for a medical leave extension of up to <br />three months due to the employee's serious medical condition or to care for a spouse, parent or <br />child who has suffered a serious medical condition. <br />Before using unpaid leave under this section, the employee must use all paid leave except a <br />combined total of forty hours of accrued vacation leave, sick leave, holiday pay, and/or <br />compensatory time off. <br />The medical certificate described herein is required before sick leave will be authorized. <br />Health and life insurance benefits will continue to be paid by the City for an employee who is on <br />extended medical leave at the same level as if the employee were working. Employees who <br />contribute toward their health care coverage must continue to make that contribution while on <br />leave, either through payroll deduction (if using paid leave) or by personal check (if using unpaid <br />leave). If the employee fails to return to work after taking extended medical leave, the City may <br />recover the premiums paid by the City for group health and life insurance unless the serious health <br />condition of the spouse, child, parent or employee continues or for other circumstances beyond the <br />control of the employee. <br />321Page <br />