Agenda - Council Work Session - 02/26/2024

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ourrcnt ith a worker's compensation ab ob injury -or illness also qualm serious health condition under the FMLA. Subject to the terms, conditions, and limitations of applicable plans, eligible employees are entitled under the FMLA to the same health insurance benefits provided by the City while on FMLA leave to the same extent as if the employee were not on FMLA leave. Employees who contribute toward their health car 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, sink, and holiday leave will not be earned during a period of unpaid FMLA leave. FMLA leave whether paid -or unpaid will not constitute a break in service for purposes of computing years of service. To the extent provided in the FMLA, employees generally have the right to return to an equivalent position with equivalent benefits, pay and other terms and conditions of employment upon returning to work Av.- a period of FMLA leave. However, employees who fail return to work following, or require additional time away from work after-oxhaustingrtheAr 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-b-e-termina The City require/3 a m ' employee being allowed to return te-work. The fitness for duty report must be based on the pc'alar 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 determino 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 p rsonnel records except that any medical record will be main arately in accordance with applicable laws. The FMLA is a complex arca of law with detailed federal r gulation that is impacted by other related issucs. Questions should be directed to Human R sources. 6.5 Extended Medical Leave When medically necessary, and upon receipt of a medical certificate from an employee's treating physician, the City Administrator may, at his or her sole discretion, approve a request for an unpaid medical leave extension of up to three months due to the employee's serious medical condition or to care for a spouse, parent or child who has suffered a serious medical condition. 461Page