4.1.1. 
Tardiness. An employee must be ready and able to work at the time the employee is scheduled to begin work. In the event an employee is unable to report to work at the scheduled time, the employee must notify the appropriate Department Head as soon as possible before the employee's scheduled starting time. The reason for tardiness and the expected time of arrival must be indicated to the Department Head.
4.1.2. 
Unscheduled absences. An employee who is unable to report to work must personally notify the appropriate Department Head as soon as possible before the employee's scheduled starting time. The employee must speak directly with the Department Head, unless the Department Head authorizes the use of an answering device for this purpose, indicating the reason for the absence and when the employee expects to return to work. Asking another person to call in on the employee's behalf is not permitted. Notification requirements may be waived in cases of emergency.
An employee who has frequent unscheduled absences may be required to provide documentation of the reason for any future absences.
4.1.3. 
Unexcused absences. Notification of an absence to the Department Head does not automatically mean the absence is authorized. Any time off from work that is without approval of the appropriate Department Head is considered an unexcused absence. An unexcused absence is without pay and may result in disciplinary action, up to and including termination.
4.1.4. 
Daily notification. In the event an employee is unable to report to work, the employee must notify the appropriate Department Head each day of the absence and state the reason for the absence. In the event the absence was pre-authorized, this requirement will be waived.
4.1.5. 
Leaving work. An employee must obtain prior approval from the appropriate Department Head to leave an assigned worksite during working hours due to a non-work related reason.
4.2.1. 
Federal jury duty. A full-time employee who is required to serve on federal jury duty, as certified by the Clerk of the Court, will be paid the difference between the employee's regular daily rate of pay and jury duty pay.
4.2.2. 
State or local jury duty. In the event a full-time employee or part-time employee is required to serve on jury duty on a day the employee is scheduled to work, the employee will receive a leave of absence without loss of pay or leave credits. The employee is obligated to notify the Commissioner of Jurors that the Town is paying the employee for lost time worked during jury duty. A temporary or seasonal employee will not receive paid jury duty leave, however, such employee will be given time off for jury duty.
4.2.3. 
Notification of jury duty. When an employee receives notice to report for jury duty, the employee must immediately submit a copy of the notice to the appropriate Department Head.
4.2.4. 
Return to duty. In the event the employee is released from jury duty on a given day and there are two or more hours remaining in the employee's scheduled workday, the employee must report to work. This does not apply to Federal Court held in New York City or White Plains.
4.3.1. 
Statement of compliance. The Town of Beekman applies the provisions of the Family and Medical Leave Act (FMLA) and Civil Service Law when administering leaves under this policy.
4.3.2. 
Summary. The Town's Family and Medical Leave Policy (FMLP) allows an eligible employee a maximum of 12 workweeks (defined by the employee's normal workweek) of job-protected, unpaid leave in any twelve-month period for certain family and medical reasons. The twelve-month period is a "rolling period" measured backward from the date an employee uses any FMLP leave. At the conclusion of the leave of absence, the employee will be restored to the position the employee held when the leave began or to an equivalent position with equivalent benefits, pay, and working conditions, provided the employee returns to work immediately following such leave.
4.3.3. 
Types of unpaid leave. An eligible employee will receive an unpaid leave under the following circumstances:
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Sick Leave of Absence - An employee who is unable to work because of a serious health condition or disability may be granted a sick leave of absence. This type of leave covers disabilities caused by pregnancy, childbirth, or other related medical conditions. The Town requires certification of an employee's need for sick leave, both before the leave begins and on a periodic basis thereafter, from the employee's health care provider.
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In addition to leave provided under this FMLP, an employee may be eligible for a leave of absence pursuant to Civil Service Law § 71 (work related disability) or § 72 (non-work related disability). Such leaves are concurrent with the designated Family and Medical Leave. Employee should consult with the office of the Town Supervisor for further details regarding these provisions.
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Parental Leave of Absence - A female employee, when not disabled by pregnancy or childbirth (see above), and a male employee may be granted a parental leave of absence to care for a child upon birth or upon placement for adoption or foster care.
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Family Care Leave of Absence - An employee may be granted a family-care leave of absence for the purpose of caring for a child, spouse, or parent who has a serious health condition. The Town requires certification of the family member's serious health condition, both before the leave begins and on a periodic basis, by the family member's health care provider.
4.3.4. 
Eligibility. To be eligible for an unpaid leave under Town's Family and Medical Leave Policy (FMLP), an employee must meet the following requirements:
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The employee must have worked for the Town for at least 12 months before the leave request (these need not be consecutive);
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The employee must have worked for the Town for at least 1,250 hours during the previous 12 months prior to the date the leave commences; and
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Spouses who both work for the Town of Beekman are allowed a combined maximum of 12 workweeks of leave for the birth or care of a newborn child, adoption or foster care of a child and to care for such newly placed child, or the serious health condition of a parent, during any twelve-month period.
4.3.5. 
Definitions. The following terms are fully defined in the Federal Regulations on the Family and Medical Leave Act, 29 CFR Part 825. For the purpose of this policy, the following definitions will apply:
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"Serious health condition" will mean an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility including any period of incapacity (as contained in the Federal Regulations), or any subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider, including, but not limited to:
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A period of incapacity of more than three consecutive calendar days and any subsequent treatment or period of incapacity that also involves continuing treatment by a health care provider;
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A period of incapacity due to pregnancy or prenatal care;
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A period of incapacity or treatment for such incapacity due to a chronic serious health condition;
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A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or
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A period of absence to receive multiple treatments, including any period of recovery, by a health care provider, or by a provider of health care services under orders of or on referral by a health care provider, for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
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"Health care provider" will mean and refer to a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; or any other person defined in the FMLA regulations capable of providing health care services.
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"Family member" will mean and refer to:
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Spouse - as defined or recognized under State law for purpose of marriage;
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Parent - biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in directly below. This term does not include an employee's parents "in law";
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Child - biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care (as defined in the Federal Regulations) because of a mental or physical disability." Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
4.3.6. 
Notification requirements. If the need for leave is foreseeable, the employee must give notice, in writing, to the Town Supervisor at least 30 calendar days prior to the commencement date of the unpaid leave. The employee must complete the Leave of Absence Request Form and submit the form to the Town Supervisor for review. The failure of an employee to give the thirty-day notice with no reasonable excuse for the delay may result in the delay of the employee taking the leave until 30 calendar days from the date of notice. When the need for leave is unforeseeable, verbal notice to the Town Supervisor will be allowed.
4.3.7. 
Status reports. The employee must periodically update the Town Supervisor as to the employee's status and intent to return to work.
4.3.8. 
Medical certification. The employee must produce a medical certification issued by a health care provider which supports the need for a leave under this policy. When required, the employee must provide a copy before the leave begins, or if the leave was unforeseeable, within 15 calendar days from the date the certification was requested. Failure to submit medical certification may jeopardize the employee's eligibility for an unpaid leave of absence and/or the ability to return to work. Medical certification forms are available from the office of the Town Supervisor. The medical certification must include:
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The date the medical condition began;
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The probable duration of the medical condition;
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Pertinent medical facts; and
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An assertion that the employee is unable to perform the employee's essential job functions or that the employee is needed to care for a family member for a specified period of time.
The Town Supervisor may request a second opinion by another health care provider. The Town will pay for the second opinion. In the event a conflict occurs between the first and second opinion, the Town Supervisor may, again at the Town's expense, obtain a third opinion from a health care provider approved jointly by the Town Supervisor and the employee. This third opinion will be final and binding.
4.3.9. 
Leave for the birth, adoption or foster care placement of a child. Leave for the birth of a child or the placement of a child for adoption or foster care must be taken within 12 months from the date of the birth or placement.
4.3.10. 
Certification for adoption/foster care. An employee must produce proper certification from the appropriate agency for an unpaid leave for the adoption or foster care of a child.
4.3.11. 
Employment restrictions during leave of absence. While on an approved unpaid leave, the employee may not be employed by another entity during the same hours that the employee was normally scheduled to work for the Town of Beekman.
4.3.12. 
Use of accrued paid leave credits. An employee taking leave for the birth, adoption or foster placement of a child or to care for a spouse, child, or parent with a serious health condition must first use all vacation leave credits which will be included in the maximum 12 weeks of leave. The substitution of paid leave for unpaid FMLP leave does not extend the twelve-week period.
For leaves taken due to the employee's own serious health condition, the employee must first use all sick leave credits and then all vacation leave credits, which will be included in the maximum twelve-week period. However, in the event that the paid leave credits are greater than the maximum twelve-week period, an employee may use paid leave credits to extend the leave of absence beyond the twelve-week period, up to a maximum of one year. If, after the completion of the one-year leave of absence, the employee is medically unable to return to work (as determined by a health care provider) and the employee has leave credits remaining, the Town Board may authorize an extension of the employee's leave of absence until such benefits are exhausted. However, job reinstatement beyond the one-year leave of absence is not automatic and will be dependent upon job availability, in accordance with Civil Service Law §§ 71, 72 and 73, as applicable, and the rules and regulations of the Dutchess County Civil Service agency.
4.3.13. 
Workers' Compensation. Leaves taken under the Workers' Compensation may invoke the Town's Family and Medical Leave Policy (FMLP), provided the employee meets the eligibility criteria outlined in the eligibility section and the Town notifies the employee that it has designated such leave as FMLP leave. If the Workers' Compensation leave has been designated as FMLP leave by the Town, it can be counted against the employee's FMLP leave.
In accordance with the FMLA, an employee who has elected to receive Workers' Compensation benefits cannot be required to substitute paid leave credits during this period of leave.
4.3.14. 
Medical insurance. During the period of authorized FMLP designated leave, an employee's eligibility status for medical insurance coverage will not change for up to a maximum of 12 weeks. In the event the employee has accumulated paid leave credits that extend beyond the twelve-week period, the employee's eligibility status for medical insurance coverage will not change as long is the employee is in "full-pay" status. (Refer to section in the Town's Compensation and Benefits Manual pertaining to Workers' Compensation regarding "Continuation of Medical Insurance.")
The employee's premium copayments must be paid on a timely basis in order to maintain the continuous coverage of benefits. Premium copayments will be at the same level as if the employee was working. Coverage will cease if premium copayments are not made within a thirty-calendar-day grace period of the due date. In the event the employee falls to return to work after the authorized leave of absence period has expired, provisions of COBRA will apply. In addition, the Town may recover the premium payments it paid during any period of the unpaid leave except for the following circumstances:
The continuation, recurrence, or onset of a serious health condition of the employee or the employee's eligible family member with proper medical certification; or,
Circumstances beyond the employee's control, such as: parent chooses to stay home with a newborn child who has a serious health condition; employee's spouse is unexpectedly transferred to a job location more than 75 miles from the employee's work-site; the employee is laid off while on leave.
4.3.15. 
Return to work. The following conditions for returning to work will apply:
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Job Restoration - At the conclusion of FMLP leave - provided that the employee returns to work immediately following such leave - the employee will be restored to the position the employee held when the leave began, or an equivalent position with equivalent benefits, pay, and working conditions. For an authorized leave of absence beyond one year, job restoration will be dependent upon job availability, in accordance with Civil Service Law §§ 71, 72 and 73, as applicable, and the rules and regulations of the Dutchess County Civil Service agency.
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Medical Statement - Before resuming employment, an employee must submit a statement from the employee's health care provider indicating that the employee is able to return to work either with or without restrictions. Failure to return to work when required may be considered a voluntary termination.
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Early Return - An employee who intends to return to work earlier than anticipated must notify the Town Supervisor at least five business days prior to the date the employee is able to return.
4.4.1. 
General terms. Absences taken beyond an employee's leave accruals shall be considered unauthorized (AWOL) unless prior written approval has been given from the Town Board. Subject to the approval of the Town Board, unpaid leaves of absence may be available to an employee for personal reasons including, but not limited to, personal illness, family responsibilities, and education.
4.4.2. 
Request for unpaid leave. The employee must submit such request and the reasons for the leave, in writing, to the Town Supervisor as soon as reasonably possible prior to planned commencement of the requested leave. The Town Board has sole discretion in approving such leave.
4.4.3. 
Return to work. An employee who fails to return from an unpaid leave of absence at the scheduled expiration date without giving proper notice or receiving proper authorization shall be conclusively presumed to have voluntarily resigned from employment.