Agenda - Council Work Session - 02/26/2024

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Eligible emple-yees may be entitled to take unpaid leave pursuant to the Family and Medical Leave Act ("FMLA") for the purposes described in 2-9 U.S.C. § 2612 (as amended). All sueh leave, including the responsibilities of the City and its employees related to such leave, is subject to the conditions prescribed in the FMLA and the Department of Labor' a regulations implementing the FMLA. For additional information regarding FMLA leave, including the circumstance3 in which such leave may be taken, employees should consult the posted notices. In aeon, as permitted by the FMLA, the City places the following restrictions on eligible employee/3' use of FMLA leave: The City has designated a "rig" 12 month period for purposes of determining employees' entitlement to FMLA leave. The "rolling" 12 month period begins on the date the employee uses "any" FMLA leave. An eligible husband and wife couple employed by the City arc permitted to take a combin d total of 12 work weeks of FMLA leave in a single 12 month period if the FMLA leave is: (1) due to the birth of a son or daughter of the employees, (2) due the placement of a son or daughter with the employees for adoption or foster care, or (3) in order to care for a parent of the eligible employee. E nployeci may request leave under this policy based on: (1) the birth of a son or daughter of the employee; (2) the placement of a son or daughter with the employee for adoption or foster care; (3) their own serious health condition; (4) to care for a parent, spouse, or child's serious health condition; (5) military caregiver leave; (6) a qualirg military exigency as defined in the FMLA or, (7) or any another eligible circumstances contingent upon the FMLA. Employees are required to submit a completed medical certification that complies with the requirements of the FMLA. Medical certification forma are available -from Human P_esource3. Employees who request leave under this policy are required to submit medical certificate outlining the dates on which treatment is expected and the expected duration The City reserves the right to request a second opinion, at the expense of the City, to the extent permitted by the FMLA. If the results of the employee's certification differs from the results of the City's certification, the City may obtain a third opinion at the City's expense. The City also reserves the right to require periodic recertification, tie extent allowed by the FMLA and to contact the certifying medical provider to authenticate or clarify the medical certification in lieu of seeking a second opinion. Separate certification may also be required regarding the nature of the family membe3 milit service and/or the existence of a qualifying exigency, if leave is requested for that purpose. Except in emergency situations, the employee is required to provide written notice of the need to take leave to the employee's supervisor not less than 30 days before the date the leave is to begin. If the leave is to begin in less than 30 days, the employee shall provide such written notice as soon as praeticabl Employees arc required to use all accrued sick leave, vacation leave, and any other accrued paid leave, excropt-a-eombined total of forty hours of accrued paid leave and/or compensatory time off, concurrently with leave provided under the FMLA. The combined paid and unpaid leave cannot exceed the applicable 12 week or 26 week maximum FMLA leave timo. FMLA leave may run 45 1Page