[Ord. No. 7328 §1, 8-28-2006]
A.
Family and medical leaves are available to eligible employees as follows:
1.
An employee is entitled to take up to twelve (12) weeks of unpaid leave under this Section in a twelve (12) month period. Leave may be taken for any of the following reasons:
B.
For purposes of this Section, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves:
1.
Any period of incapacity or treatment in connection with or consequent to in-patient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility;
2.
Any period of incapacity requiring absence from work, of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; and
3.
Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or for prenatal care.
C.
The twelve (12) month period during which an eligible employee is entitled to a total of twelve (12) weeks leave under this Section begins on each employment anniversary date for each eligible employee. An eligible employee is only entitled to a total of twelve (12) weeks leave in any twelve (12) month period regardless of the number of qualifying conditions that may arise in any twelve (12) month period.
D.
For any leave taken in accordance with this Section, each employee is required to substitute accrued paid vacation and accrued paid sick leave to the extent available in the following manner:
1.
Sick leave. For any leave taken under this Section because of the employee's own serious health condition, including birth of a child, the employee is required to substitute all accrued paid sick leave while on leave.
2.
Vacation. For any leave taken under this Section for whatever reason, the employee is required to substitute all accrued paid vacation while on leave.
E.
An employee on leave in accordance with this Section during any of the holidays designated in Section 125.295 of the Code will not be compensated for said holiday(s) unless the holiday falls within the accrued paid sick leave or vacation substituted for any portion of the leave, in which case the employee receives his/her regular pay.
F.
A husband and wife who are both employed by the City are permitted to take only a combined total of twelve (12) weeks leave during a twelve (12) month period if the leave is taken: for the birth of a child or to care for the child following birth; for placement of a child for adoption or foster care or to care for the child after placement; or to care for a parent with a serious health condition. Each spouse is entitled to twelve (12) weeks of leave during a twelve (12) month period if the leave is for his/her serious health condition or the serious health condition of the other spouse or child.
G.
An employee's entitlement to leave for the birth or placement for adoption or foster care of a child expires at the end of the twelve (12) month period beginning on the date of the birth or placement.
H.
All employees requesting leave under this Section are required to provide thirty (30) days' advance written notice of the need to take leave if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care of a child, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days' notice is not practicable under the circumstances, such as because of the lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. The notice under this Section must set forth the reason(s) for the requested leave, the anticipated duration of the leave and the anticipated start of the leave. Notice should be given to the employee's immediate supervisor.
I.
An employee undergoing planned medical treatment must consult with his/her supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations, consistent with the health care provider's medical judgment.
J.
When leave is taken because of the birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only upon approval of the employee's department head. When leave is taken to care for an employee's own serious health condition or for a sick family member, leave may be taken intermittently or on a reduced leave schedule at the employee's request and when medically necessary.
K.
An employee that takes leave under this Section for a spouse, child or parent with a serious health condition, or because of the employee's own serious health condition, must provide written certification of the serious health condition issued by the health care provider for the employee or the employee's ill family member. The certification is due fifteen (15) days after the City's written request for certification directed to the employee. The City will provide a form certification to the employee requesting leave at the time the certification is requested by the City. The certification of a serious health condition must include the following:
1.
The date the serious health condition began;
2.
The health care provider's judgment concerning the probable duration of the condition;
3.
The diagnosis of the serious health condition;
4.
A statement of the course of treatment;
5.
An indication of whether in-patient hospitalization is necessary;
6.
A statement that the employee either cannot perform any type of work or cannot perform the essential functions of the employee's job (only when the leave is for the employee's own serious health condition); and
7.
A statement that the family member needs assistance or that the employee's presence would be beneficial or desirable for the care of the family (only when leave is for the purpose of caring for a family member with a serious health condition).
While on leave, the employee may be asked to periodically report on the status of the employee or family member and when the employee intends to return to work.
L.
Prior to being returned to work following a leave taken under this Section, an employee whose leave was occasioned by the employee's own serious health condition must obtain and present certification from the health care provider that the employee is able to return to work.
M.
For the duration of any leave taken under this Section, the City will maintain the employee's health care coverage on the same basis as coverage would have been provided if the employee had not taken leave. An employee who takes leave under this Section will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms.
N.
When an employee takes paid leave (i.e., sick leave or vacation) which would otherwise qualify as leave under this Section except that the employee has not specifically requested leave under this Section, the time spent on such a leave will be designated as family and medical leave and be counted towards an employee's total number of weeks to which the employee is entitled hereunder.
O.
Other leaves without pay, that are not governed by this Section, will continue to be governed by Section 125.365 of the Code.
P.
Section 125.345 of the Florissant Code of Ordinances entitled "Vacation in lieu of leave of absence, etc." does not apply in situations where the leave at issue qualifies as leave under this Section.
Q.
Any interpretation of this Section and of the benefits and obligations under the Family and Medical Leave Act of 1993 shall be governed by all regulations issued thereunder.