The Town is committed to complying with applicable federal regulations concerning the Family and Medical Leave Act of 1993 (FMLA), 29 CFR Part 825. This Article
XXI provides information in regard to the subject matter covered and shall be interpreted by the Mayor. In the event of any inconsistencies between this article and the federal law, the federal law will govern.
Family and medical leave (FML) is the equivalent of 12 work
weeks of job-protected leave granted to eligible employees who have
been employed for at least 12 months and who have 1,250 hours of service
during the previous twelve-month period. Only one grant of FML pursuant
to this article can be approved within a calendar year.
For purposes of this article only, the following terms shall
have the following meanings:
CONTINUING TREATMENT
A.
A period of incapacity of more than three consecutive calendar
days, and any subsequent treatment or period of incapacity relating
to the same condition, that also involves two or more treatments by
a health-care provider or treatment by a health-care provider on at
least one occasion which results in a regimen of continuing treatment;
B.
A period of incapacity due to pregnancy, or for prenatal care;
C.
A period of incapacity or treatment for a "chronic" serious
health condition which requires periodic visits for treatment by a
health-care provider, continues over an extended period, and may cause
episodic rather than a continuing period of incapacity;
D.
A period of incapacity which is permanent or long-term due to
a condition for which treatment may not be effective; or
E.
A period of absence to receive multiple treatments for an injury
or condition which would result in incapacitation of more than three
days if not treated.
HEALTH-CARE PROVIDER
Includes licensed doctors of medicine or osteopathy, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors (limited
to treatment consisting of manual manipulation of the spine or to
correct a subluxation as demonstrated by X-ray to exist) authorized
to practice in the State of Maryland, nurse practitioners, nurse-midwives,
and clinical social workers authorized under state law, and Christian
Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts, or any health-care provider that is recognized
by the Town or accepted by the group health plan of the Town as authorized
to provide certification for purposes of claim.
PARENT
A biological parent of an employee or an individual who stood
in loco parentis (in place of a parent) to an employee when the employee
was a child.
SERIOUS HEALTH CONDITION
An illness, injury, impairment, or physical or mental condition
that involves overnight inpatient care in a hospital, hospice, or
residential medical care facility, or continuing treatment by a health-care
provider.
SON OR DAUGHTER
A biological, adopted or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis (in place of
a parent). The child must be under 18 years of age, or 18 years of
age or older and incapable of self-care because of mental or physical
disability.
WORK WEEK
The standard number of hours an employee is regularly scheduled
to work in seven consecutive calendar days. If a part-time employee's
schedule varies from week to week, a weekly average of the hours will
be used for calculating the employee's normal work week.
It is the department head's obligation, whenever possible,
to designate leave as FML before the leave starts, and the designation
of FML may be made only on the basis of information provided by the
employee. The department head may not designate leave that has already
been taken as FML after the employee returns to work, with two exceptions:
(1) if an employee is out for a reason that qualifies for FML and
the department head does not learn of the reason for the leave until
the employee returns to work, the department head may designate the
leave as FML within two business days of the employee's return;
or (2) if the department head has provisionally designated the leave
under FML and is awaiting receipt from the employee of documentation.
Similarly, an employee may not retroactively claim that paid or unpaid
leave was for an FML purpose.
[Amended 10-18-2007 by Ord. No. O-07-8]
During an approved period of FML, the Town must maintain coverage under its group health plan at the level and under the conditions coverage would have been provided if the employee had continued to work for the duration of such leave. If paid leave is substituted for unpaid FML, the Town will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the employee's leave is unpaid, the employee must contact the Office of the Mayor to make arrangements to pay the employee's portion of the health plan premium as well as any other payroll deductions and to complete applicable retirement forms. Any employee who is in a non-pay status is not entitled to retirement credit or to earn annual, sick, personal, or holiday leave. If an extension is needed beyond the 12 work weeks of FML, paid leave or an unpaid leave of absence may be approved. The employee is responsible for determining the impact upon the leave on the employee's benefits under any retirement, pension, deferred compensation, disability or life insurance plan, or other employee benefit plan authorized by §
50-60 and except as required by federal or state law, this section shall not alter or amend such plan or the employee's entitlement to benefits under such a plan.