Village of Great Neck Estates, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 5-11-2009. Amendments noted where applicable.]

§ 34-1 Purpose.

The purpose of this chapter is to establish a policy and guidelines for the use of family or medical leave for Village of Great Neck Estates employees, consistent with the rules and regulations adopted by the United States Department of Labor.

§ 34-2 Types of leave.

A. 
Family and medical reasons. As provided by the 1993 Family and Medical Leave Act (FMLA), all eligible employees shall be entitled to 12 weeks of unpaid, job-protected leave during a twelve-month period for one or more of the following reasons:
(1) 
The birth and care of a newborn child or placement with the employee of a child for adoption or foster care;
(2) 
To care for a spouse, child, or parent with a serious health condition; or
(3) 
If a serious health condition makes the employee unable to perform the functions of his/her position.
B. 
Military family leave. As provided by the 2008 National Defense Authorization Act, all eligible employees shall also be entitled to unpaid leave during a twelve-month period as follows:
(1) 
Military caregiver leave. Eligible employees who are family members of covered service members of the Armed Forces (including members of the National Guard or Reserves) may take up to 26 workweeks of leave to care for a service member who has a serious illness or injury that was incurred in the line of duty while on active duty and, as a result, is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient services, or is otherwise on the temporary disability retired list. The definition of "family" is broader than "son, daughter, spouse or parent," and includes "next of kin" (which is defined as the nearest blood relative).
(2) 
Qualifying exigency leave. Eligible employees with a spouse, son, daughter, or parent who is a covered military member serving in the National Guard or Reserves may be eligible for up to 12 weeks of unpaid leave to use for any qualifying exigency arising out of the fact that a covered military member is on active duty or called to active duty status in support of a contingency operation. "Qualifying exigency" refers to eight categories for which employees can use this FMLA leave, including short-notice deployment; military events and related activities; child care and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and additional activities not encompassed in the other categories but agreed to by the employer and employee.

§ 34-3 Employee eligibility.

An employee shall be entitled to family leave when he/she meets the following criteria:
A. 
The employee has worked for at least 12 months for the Village. The 12 months need not have been consecutive. (If the employee was on the payroll for part of a week, the Village will count the entire week. The Village considers 52 weeks to be equal to 12 months).
B. 
The employee has to have worked for the Village for at least 1,250 hours over the 12 months before the leave begins.
C. 
When both spouses are employed by the Village, they are jointly entitled to a combined total of 12 workweeks of family leave during any rolling twelve-month period for the birth and care of a newborn child or placement of a child for adoption or foster care, and to care for a parent who has a serious health condition, and for military qualifying exigency leave. For military caregiver leave, spouses both employed by the Village are jointly entitled to a combined total of 26 workweeks of leave.

§ 34-4 Calculation of leave.

Eligible employees can use up to 12 weeks of leave during any twelve-month period. The Village will use a rolling twelve-month period measured backward from the date an employee first uses FMLA leave. (It will not be measured backward before August 5, 1993.) Each time an employee uses leave, the Village computes the amount of leave the employee has taken under this policy and subtracts it from the 12 weeks, and the balance remaining is the amount the employee is entitled to take at that time. For example, if an employee has taken five weeks of leave in the past 12 months, he/she could take an additional seven weeks under this policy. Eligibility for unpaid leave for the birth and care of a newborn child or for the placement with the employee of a child for adoption or foster care expires at the end of the twelve-month period beginning on the date of the birth, adoption or placement. Any such leave must be concluded within this twelve-month period.

§ 34-5 Maintenance of benefits.

A. 
An employee shall be entitled to maintain group health and dental insurance coverages on the same basis as if he/she had continued to work at the Village. To maintain uninterrupted coverage, during a period of family or medical leave, an employee who contributes to group health and/or dental insurance may choose to remain covered under the Village's group health and dental insurance plans on the same conditions, including the payment by the employee of the employee's share of the premiums for coverage, as would have been provided if the employee had been continuously employed during the leave period. While substituting paid leave during the period of family or medical leave, the Village will continue to make payroll deductions to collect the employee's share, if any, of the premiums for such coverages. While on unpaid leave, the employee who contributes must continue to make his/her contributions. Payment must be made monthly and must be received by the Village by the fifth day of the month. Payment must be made by check or money order payable to "Incorporated Village of Great Neck Estates." An employee's failure to pay required premiums within 30 days of the due date will result in the cessation of the employee's group health and/or dental insurance coverages during the entire remaining leave period.
B. 
Generally, if an employee fails to return to work after a period of family or medical leave, for reasons other than the continuation of a serious health condition, the employee will be required to pay to the Village an amount equal to any group health and dental insurance paid by the Village on behalf of the employee during the leave period.
C. 
Other benefits such as the accrual of seniority will not continue during leave. However, the use of family or medical leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined.

§ 34-6 Job restoration.

A. 
An employee who utilizes family or medical leave under this policy will be restored to the same job or a job with equivalent status, pay, benefits and other employment terms.
B. 
The Village may choose to exempt certain highly compensated "key" employees from this job restoration requirement and not return them to the same or a similar position at the completion of FMLA leave. Employees who may be exempted will be informed of this status when they request leave. If the Village deems it necessary to deny job restoration for a key employee on FMLA leave, the Village will inform the employee of its intention and will offer the employee the opportunity to return to work immediately.
C. 
An employee who has been on leave due to the employee's own serious health condition who wants to return to work must provide the Village with a certification from a health-care provider that the employee is able to resume work. Return to employment will be denied if this certification is not provided.

§ 34-7 Use of paid and unpaid leave.

If an employee has accrued paid leave of less than 12 weeks, the employee will use paid leave first and take the remainder of the 12 weeks as unpaid leave.
A. 
If an employee uses leave because of the serious health condition of an immediate family member, the employee will first use all paid leave and then will be eligible for unpaid leave.
B. 
An employee using leave for the birth of a child will use paid sick leave for physical recovery after childbirth. The employee then may use all paid vacation or personal leave for the care of the newborn child and then will be eligible for unpaid leave for the remainder of the 12 weeks.
C. 
An employee using leave for the adoption or foster care of a child will use all paid vacation or personal leave first and then will be eligible for unpaid leave for the remainder of the 12 weeks.

§ 34-8 Intermittent leave and reduced work schedules.

In certain cases, intermittent use of the 12 weeks of family or medical leave or as part of a reduced workweek may be allowed by the Village.
A. 
Employees wishing to use leave intermittently or to utilize a reduced workweek for birth or adoption purposes will need to discuss and gain approval for such use from the employee's department head and the Village Administrator.
B. 
Employees may also use family or medical leave intermittently or as part of a reduced workweek whenever it is medically necessary. If the need to use leave is foreseeable and based on preplanned and prescheduled medical treatment, then the employee is responsible to schedule the treatment in a manner that does not unduly disrupt the Village's operations. This provision is subject to the approval of the health-care provider.
C. 
In some cases, the Village may temporarily transfer an employee using intermittent or a reduced workweek to a different job with equivalent pay and benefits if another position would better accommodate the intermittent or reduced schedule.

§ 34-9 Procedure for requesting leave.

A. 
All employees requesting leave under this policy must complete the appropriate leave certification form available from the Village.
B. 
An eligible employee must provide the Village with at least 30 days' advance written notice before the requested family or medical leave is to begin if the leave is foreseeable. If, under the circumstances, 30 days' notice is not practicable due to an emergency or lack of knowledge as to when leave will be needed, notice must be given to the Village as soon as practicable.
C. 
An eligible employee requesting leave to care for the employee's spouse, child or parent with a serious health condition or because of the employee's own serious health condition is required to provide a certification (in the form acceptable to the Village) of the serious health condition from a health-care provider. This certification must be provided within 15 calendar days after it is requested by the Village. Recertification of the serious health condition will also be required to be provided to the Village no more often than every 30 days during the leave period. Failure to provide the required certification or recertification could result in the leave being refused or the leave being discontinued, as the case may be.
D. 
Qualified health-care providers include doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists and chiropractors, nurse practitioners and nurse-midwives authorized to practice under state law and performing within the scope of their practice under state law, and Christian Science practitioners.
E. 
Employees with questions about coverage under this FMLA policy are encouraged to meet with the Village representative responsible for human resources for guidance and to obtain the necessary certification forms.