Agenda - Council Work Session - 04/23/2024

Home

the leave is to begin in less than 30 days,the employee shall provide such written notice as soon as practicable. Employees are required to use all accrued sick leave, vacation leave, and any other accrued paid leave, except a combined 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 time. FMLA leave may run concurrently with a worker's compensation absence if the on-the-job injury or illness also qualifies as a 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 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 employ Vacation,sick,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 after a period of FMLA leave. However,employees who fail return to work following,or require additional time away from work after exhausting,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 in accordance with applicable laws. 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. 451Page