[Adopted 4-15-1997]
The purpose of this article is to outline the conditions and procedures
under which an employee may request time off for a limited period, as required
by the federally enacted Family and Medical Leave Act (FMLA).
As used in this article, the following terms shall have the meanings
indicated:
An approved absence available to eligible employees for up to 12
weeks of leave per year under particular circumstances.
Leave may be taken:
Upon the birth of the employee's child;
Upon placement of a child with the employee for adoption or foster care;
When the employee is needed to care for a child, spouse or parent who
has a serious health condition; or
When the employee is unable to perform the functions of his/her position
because of a serious health condition.
Note that an employee's entitlement to leave for the birth, adoption
or placement for foster care expires at the end of the twelve-month period
beginning on the date of birth or placement, unless the employer permits a
longer time.
May be paid or unpaid (see discussion below).
Any illness, injury, impairment or physical or mental condition that
involves (but may not be limited to) the following:
Any period of incapacity or treatment in connection with or consequent
to inpatient care in a hospital, hospice or residential medical-care facility;
or
Any period of incapacity that requires absence from regular daily activities
of more than three days and that involves continuing treatment by (or under
supervision of) a health-care provider.
Each department head is responsible for ensuring that this policy is
communicated to the employees. Questions regarding the intent and interpretation
of this policy shall be directed to the Supervisor's office.
The provisions of this policy shall apply to all covered family and
medical leaves of absence for any part of the 12 weeks of leave to which the
employee may be entitled.
To be eligible for leave under this policy, an employee must have been
employed for at least 12 months and must have worked at least 1,250 hours
during the twelve-month period immediately preceding the commencement of the
leave.
A.
For the adoption or birth or care of a child, or care
of a parent or spouse, an eligible employee must use accrued vacation, personal
leave time and sick time.
B.
For an eligible employee's own serious health condition,
the employee must use all accrued leave time, including sick leave.
C.
In the event that the eligible employee has no accrued
leave to his/her credit, the leave provided under this policy will be unpaid.
In the event that an employee requires leave in excess of the twelve-week
maximum described herein, the Town Board may provide additional unpaid leave.
Any employee on unpaid leave will be responsible for his/her medical coverage
during any extended leave.
A.
The employer will require medical certification to support
a claim for leave for an employee's own serious health condition or to care
for a seriously ill child, spouse or parent. For the employee's own medical
leave, the certification must include a statement that the employee is unable
to perform the functions of his/her position. For leave to care for a seriously
ill child, spouse or parent, the certification must include an estimate of
the amount of time the employee is needed to provide care. The employer may
require a second medical opinion and obtain periodic recertification (at its
own expense) only when the employer has reason to doubt the initial medical
certification. If the first and second opinions differ, the employer, at its
own expense, may require the binding opinion of a third health-care provider,
approved jointly by the employer and the employee.
B.
If medically necessary for a serious health condition
of the employee or his/her spouse, child or parent, leave may be taken on
an intermittent basis. Intermittent leaves are not permitted for birth or
adoption, unless otherwise agreed upon by the parties.
C.
Spouses who are both employed by the employer are entitled
to a total of 12 weeks of leave (rather than 12 weeks each) for the birth
or adoption of a child or for the care of a sick parent.
A.
When the need for leave is foreseeable, such as the birth
or adoption of a child or planned medical treatment, the employee must provide
reasonable prior notice and make efforts to schedule leave so as not to disrupt
operations of the employer. In cases of illness, the employee will be required
to report periodically on his/her leave status and intention to return to
work.
B.
The term "reasonable prior notice" shall mean not less
than 30 days' notice or as soon as practicable.
A.
Family leave may be granted for up to 12 weeks during
any twelve-month period.
B.
The employer may deny reinstatement to an employee who
fails to produce a "fitness-for-duty" certification to return to work. This
requirement applies only where the reason for the leave was the employee's
own serious health condition.
C.
Employees on authorized family leaves will be covered
for those medical, dental and other health insurance benefits (with the exclusion
of any employee contributions, which must begin prior to family leave) under
which they were covered prior to their leave.
D.
In the event that an employee elects not to return to
work upon completion of an approved unpaid leave of absence and the employee
so notifies the employer, the employer may recover from the employee the cost
of the premium paid to maintain the employee's health insurance coverage.
A.
Completion of request for family and medical leave of
absence notice. A request for family and medical leave of absence must be
originated by the employee utilizing the approved form. This notice should
be completed in detail, signed by the employee, submitted to the department
head for proper approval and forwarded to the Supervisor's office. If possible,
the notice should be submitted 30 days in advance of the effective date of
the leave.
B.
All requests for family and medical leaves of absence
due to illness will include the following information: Sufficient medical
certification stating:
C.
In addition, for the purpose of leave to care for a child,
spouse or parent, the medical certification should give an estimate of the
amount of time that the employee is needed to provide such care.
D.
For purposes of leave for an employee's own illness,
the medical certification must state that the employee is unable to perform
the functions of his/her position.
E.
In the case of certification for intermittent leave for
planned medical treatment, the dates on which such treatment is expected to
be given and the duration of such treatment must be stated.
A.
An employee returning from leave as covered by this policy
is entitled to the same position held when leave began, or an equivalent position
with equivalent benefits, pay and other terms and conditions of employment.
B.
An employee who fails to return to work promptly at the
expiration of the family and medical leave or fails to obtain an approved
extension will be notified that he/she has been considered to have resigned
his/her employment.
It is the intent of the employer to provide the standards
as articulated in the federal FMLA and as detailed herein.
A.
The town reserves the right to modify this policy as
necessitated by law.
B.
This policy and any other policy which may come within
the jurisdiction of the Family and Medical Leave of Absence provision shall
be read in compliance with the Family and Medical Leave of Absence provision.
The first 12 weeks of any leave shall be Family and Medical Leave of Absence
leave if all conditions of Family and Medical Leave of Absence applicability
are met.