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If there are changes in the City's contribution levels while the employee is on leave, those <br />changes will take place as if the employee were still on the job. <br />Rights to additional continued benefits will depend on whether leave is paid or unpaid. <br />Any paid disability leave benefits (Short -Term Disability or Long -Term Disability), sick leave, <br />or compensatory time off available to employees for a covered reason (an employee's serious <br />health condition or a covered family member's serious health condition, including worker's <br />compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA. <br />Minnesota Parenting Leave and all forms of paid time off (sick leave, disability leave, workers' <br />comp leave, vacation, and compensatory time off) run concurrently with FMLA. <br />Minnesota Parental leave will run concurrently with any other applicable leave, such as FMLA, <br />STD, paid parental leave, sick leave, or accrued vacation, and that paid leave cannot be utilized <br />to extend FMLA or parental leave beyond twelve (12) weeks. <br />Failure to Return to Work After FMLA <br />Under certain circumstances, if the employee does not return to work at the end of the FMLA <br />leave for at least thirty (30) calendar days, the City may require the employee to repay the <br />portion of the monthly cost paid by the City for group health plan benefits. The City may also <br />require the employee to repay any amounts the City paid on the employee's behalf to maintain <br />benefits other than group health plan benefits. <br />Activities Prohibited During FMLA <br />While on leave, an employee may not engage in activities (including employment) that have the <br />same or similar requirements and essential functions of the employee's current position. <br />While on leave, an employee may not engage in any activity that conflicts with the best interests <br />of the City. Such conduct will result in disciplinary action, up to and including termination of <br />employment. <br />Seniority <br />Unless required by a contract provision, seniority does not accrue during any period of unpaid <br />FMLA, except as allowed when the leave is covered by worker's compensation. However, <br />seniority accrued prior to commencement of FMLA leave will not be lost. <br />FMLA — QUALIFIED EXIGENCY AND MILTARY CAREGIVER LEAVE <br />Qualified Exigency: Eligible employees (as described above) whose spouse, son, daughter, or <br />parent has been notified of an impending call or order to covered active military duty, or who is <br />already on covered active duty, may take up to 12 weeks of leave for reasons related to or <br />affected by the family member's call-up or service. <br />The qualifying exigency must be one of the following: (1) short -notice deployment; (2) military <br />events and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) <br />counseling; (6) rest and recuperation; (7) post -deployment activities; (8) parental care; or (9) <br />341Page <br />