[Amended 10-22-2014 by Ord. No. 18-2014]
Employees may be eligible for an unpaid family and medical leave
under the federal Family and Medical Leave Act ("FMLA"). Employees
also may be eligible for family and/or medical leave pursuant to the
New Jersey Family Leave Act ("FLA"). In order to be eligible for such
leave, employees must have: one (1) year of service with the City;
and, at least 1,000 hours of work (for New Jersey leave) and 1,250
hours of work (for Federal leave) during the previous twelve (12)
months and is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of the worksite (for Federal
leave). Eligible employees may receive up to twelve (12) weeks of
leave per year (FMLA) or twelve (12) weeks every twenty-four (24)
months (FLA).
During the leave period, the employee's health benefits will
be continued on the same conditions as coverage would have been provided
had the employee been employed continuously during the entire leave.
The employee will not continue to accrue vacation, sick or personal
days for the period of the leave. The employee will receive seniority
credit for the time that the employee has been on leave under this
section. At the conclusion of the leave period, an eligible employee
is entitled to reinstatement to the position the employee previously
held or to an equivalent one with the same terms and benefits that
existed prior to the exercise of leave.
Upon written notice, eligible employees are entitled to a family
or medical leave for up to twelve weeks to care for a newly born or
adopted child or a seriously ill immediate family member, including
civil union partner, or for the employee's own serious health condition
that makes the employee unable to perform the functions of the employee's
position. Eligible employees who take leave under this policy must
use all accrued available vacation and personal days during the leave.
The use of accrued time will not extend the leave period. After exhausting
accrued time, the employee will no longer be paid for the remainder
of the leave.
The period of leave must be supported by a physician's certificate.
An extension past twelve weeks can be requested, but medical verification
of the need must be submitted prior to the expiration of the leave.
The City of Linwood reserves the right to deny any request for extended
leave. Additional information concerning the Family Leave Policy and
eligibility requirements are available from the CFO.
Commencing July 1 2009, Family Temporary Disability ("FTD")
payments for up to six (6) weeks in a twelve (12) month period will
become available for eligible employees who are caring for a seriously
ill immediate family member who is incapable of self-care or care
of a newborn or adopted child. To be eligible, the employee must have
worked at least 20 weeks at minimum wage within the last 52 weeks
or earned 1000 times the minimum wage. The weekly benefit is 2/3 of
weekly compensation up to a maximum of $524 per week (this amount
is subject to change). FTD will run concurrently with FMLA and/or
FLA leaves and there is a one week waiting period. Employees may also
be required to use accrued sick, vacation or personal leave for up
to two weeks.
Employees taking paid family leave in connection with a family
member's serious health condition may take leave intermittently or
consecutively. Intermittent leave is not available for the care of
a newborn or adopted child. Intermittent leave may be taken in increments
necessary to address the circumstances that precipitated the need
for leave. An employee seeking intermittent paid family leave is required
to provide the City of Linwood with 15 days notice unless an emergency
or other unforeseen circumstance precludes prior notice. The employee
seeking intermittent leave shall make a reasonable attempt to schedule
leave in a non-disruptive manner. Employees requesting such leave
shall provide the City of Linwood with a regular schedule of days
for intermittent leave.
Employees may also be eligible for an unpaid leave for up to
twenty-six (26) workweeks in a year to care for a family member on
active duty in the military or a covered veteran (a covered veteran
is an individual who was discharged or released under conditions other
than a dishonorable at any time during the five-year period prior
to the first date the eligible employee takes FMLA leave to care for
the covered veteran) with a serious injury or illness incurred in
the line of duty on active duty for which the service member is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list,
or up to twelve (12) weeks in a year for a qualifying exigency. A
qualifying exigency occurs when a military member is called to covered
active duty (requires deployment to a foreign country) and a close
member of his/her family must attend official ceremonies or family
support or assistance meetings, there is a short-notice deployment,
to attend to childcare matters, attend to financial and/or legal matters,
or counseling. A serious injury or illness means an injury or illness
incurred by a covered servicemember in the line of duty on active
duty that may render the servicemember medically unfit to perform
the duties of his or her office, grade, rank, or rating.
A serious injury or illness also means an injury or illness
that was incurred by the covered veteran in the line of duty on active
duty in the Armed Forces or that existed before the veteran's active
duty and was aggravated by service in the line of duty on active duty,
and that is either:
1. a continuation of a serious injury or illness that was incurred or
aggravated when the veteran was a member of the Armed Forces and rendered
the servicemember unable to perform the duties of the servicemember's
office, grade, rank, or rating; or
2. a physical or mental condition for which the veteran has received
a U.S. Department of Veterans Affairs Service-Related Disability Rating
(VASRD) of 50 percent or greater, and the need for military caregiver
leave is related to that condition; or
3. a physical or mental condition that substantially impairs the veteran's
ability to work because of a disability or disabilities related to
military service, or would do so absent treatment; or
4. an injury that is the basis for the veteran's enrollment in the Department
of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers.
Any one of these definitions meets the FMLA's definition of
a serious injury or illness for a covered veteran regardless of whether
the injury or illness manifested before or after the individual became
a veteran.
Upon employer's request, an employee must provide a copy of
the covered military member's active duty orders to support request
for qualifying exigency leave. In addition, upon an employer's request,
certification for qualifying exigency leave must be supported by a
certification containing the following information:
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statement or description of appropriate facts regarding the
qualifying exigency for which leave is needed;
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approximate date on which the qualifying exigency commenced
or will commence;
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beginning and end dates for leave to be taken for a single continuous
period of time;
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an estimate of the frequency and duration of the qualifying
exigency if leave is needed on a reduced scheduled basis or intermittently;
and
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if the qualifying exigency requires meeting with a third party,
the contact information for the third party and description of the
purpose of the meeting.
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Eligible employees may also take leave to care for a military
member's parent who is incapable of self-care when the care is necessitated
by the member's covered active duty. Such care may include arranging
for alternative care, providing care on an immediate basis, admitting
or transferring the parent to a care facility, or attending meetings
with staff at a care facility.
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Employees who request qualifying exigency leave to spend time
with a military member on Rest & Recuperation may take up to a
maximum of 15 calendar days. Upon an employer's request, an employee
must provide a copy of the military member's Rest and Recuperation
leave orders, or other documentation issued by the military setting
forth the dates of the military member's leave.
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