A.
Notification of tardiness. An employee must be ready
and able to work at the time the employee is scheduled to begin work.
In the event that an employee is unable to report to work at the scheduled
time, the employee must notify the employee's department head prior
to the employee's scheduled starting time.
B.
Disciplinary action. Tardiness may be cause for appropriate
disciplinary action in accordance with the Civil Service Law, § 75.
A.
Daily notification. In the event that an employee
is unable to report to work, the employee must notify the employee's
department head each day of the absence and state the reason for the
absence. In the event that the absence was preauthorized, this requirement
will be waived.
B.
Notification of sick leave. In the event that an employee
must take sick leave, the employee must notify the appropriate department
head prior to the employee's scheduled reporting time. This procedure
must be followed to receive sick leave pay.
C.
Early departure. In the event that an employee must
leave work during the workday, the employee must notify the employee's
department head prior to the start of a shift, or in the case of an
emergency, prior to leaving.
A.
Jury leave. In the event that an employee is required
to perform jury duty on a day the employee is scheduled to work, the
employee will receive a paid jury leave. Such leave will not be subtracted
from any of the employee's leave credits.
B.
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 employee's department head.
C.
Return to duty. In the event that 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. The employee will be allotted time to return home and prepare
for work.
A.
Immediate family. In the event of a death of a full-time
or intermediate employee's immediate family member, the employee may
take a paid leave of absence for up to three days from the employee's
regularly scheduled work. Such leave will not be subtracted from any
of the employee's leave credits.
B.
Part-time, temporary or seasonal employees. A part-time,
temporary or seasonal employee is not eligible for paid bereavement
leave but may be allowed to take time-off without pay, provided that
the employee has prior approval from the department head.
D.
Extended bereavement leave. An employee may use vacation
leave credits to extend a bereavement leave. The department head will
have total discretion in the approval of an employee's extended bereavement
leave.
A.
Military leave (New York State law). This section
refers only to a paid leave for military service under New York State
law and does not affect an employee's entitlement to leave needed
for military service under federal statute. The Town of Esopus recognizes
the importance of the Military Reserve and National Guard and will
permit any employee the use of military leave to participate in annual
encampment or training duty. The Town will grant such leave with pay
for up to 22 workdays or 30 calendar days in a calendar year, whichever
is greater. Such military leave beyond the 22 workdays or 30 calendar
days in a calendar year will be unpaid, however accumulated vacation
or compensatory time may, at the employee's option, be used at any
time during the leave. In accordance with applicable New York State
law, the employee may keep all pay received for military service.
B.
Military leave of absence (federal law). An unpaid
leave of absence for a period of up to the federal statutory limits
will be granted to an employee to serve in any of the uniformed services
of the United States. The employee's accumulated vacation or compensatory
time may, at the employee's option, be used at any time during such
leave of absence.
A.
Statement of compliance. The Town of Esopus complies
with the provisions of the Family and Medical Leave Act (FMLA).
B.
Summary. FMLA entities an eligible employee to 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 FMLA leave. At the conclusion of
a leave of absence under the FMLA, 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
that the employee returns to work immediately following such leave.
C.
Eligibility.
(1)
To be eligible for an unpaid leave under FMLA, an
employee must meet the following requirements:
(a)
The employee must be employed at a work-site
where 50 or more employees are employed within a seventy-five-mile
radius of each work location, for each working day during each of
20 or more calendar workweeks per year.
(b)
The employee must be an employee of the Town
for at least 12 months before the leave request (these need not be
consecutive) who has worked for at least 1,250 hours during the previous
52 weeks prior to the date the leave commences.
(2)
The Town of Esopus currently does not employ 50 or
more employees who work 20 or more calendar workweeks per year. Therefore,
Town employees are not presently eligible for leave under FMLA. If
the Town of Esopus should employ 50 or more employees for 20 or more
calendar workweeks in the current or preceding year, eligible employees
will be afforded leave under FMLA under the following circumstances:
(a)
Upon the birth of the employee's child and to
care for the newborn child;
(b)
Upon the placement of a child with the employee
for adoption or foster care and to care for the newly placed child;
(c)
To care for the employee's spouse, son, daughter
or parent who has a serious health condition; and
(d)
Because of the employee's own serious health
condition which makes the employee unable to perform one or more of
the essential functions of his or her job.
D.
Return to work. At the conclusion of the leave, the
employee, provided that the employee returns to work immediately following
such leave, will be restored to the position he or she held when the
leave began or an equivalent position with equivalent benefits, pay
and working conditions.
A.
Policy statement. It is the policy of the Town of
Esopus to grant a full-time employee a leave of absence without pay
for a period of up to 12 weeks, under certain circumstances. The Town
of Esopus complies with the provisions of the Family and Medical Leave
Act which will take precedence over this policy if and when any employee
meets the eligibility requirements under the Act.
B.
Granting of leave of absence. The granting and duration
of each leave of absence will be determined by the Town Board in conjunction
with applicable federal and state laws and the Rules for the Classified
Civil Service of Ulster County.
C.
Types of leave. The following types of leaves of absence
will be considered:
(1)
Sick leave of absence. Employees who are 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, by
the employee's health care provider.
(2)
Parental leave of absence. Female employees, when
not disabled by pregnancy or childbirth (see above), and male employees
may be granted a parental leave of absence to care for a child upon
birth or upon placement for adoption or foster care.
(3)
Family care leave of absence. Employees 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.
D.
Eligibility. To be eligible, an employee must meet
the following requirements:
(1)
The employee must have completed at least one year
of full-time, continuous service during the previous 52 weeks prior
to the date leave commences.
(2)
Spouses who both work for the Town of Esopus 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 child,
spouse or parent during any twelve-month period.
E.
FAMILY MEMBER
(1)
(2)
(3)
HEALTH CARE PROVIDER
SERIOUS HEALTH CONDITION
(1)
(2)
(3)
(4)
(5)
Definitions. For the purpose of this policy, the following
definitions will apply:
Refers to:
Spouse: husband or wife as defined or recognized
under state law for purpose of marriage.
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 indirectly below. This term does
not include an employee's parents-in-law.
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 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.
Refers 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.
Refers to an illness, injury, impairment or physical or mental
condition that involves inpatient care in a hospital, hospice or residential
medical care facility or any subsequent treatment in connection with
such treatment; or continuing treatment by a health care provider,
including, but not limited to:
A period of incapacity of more than three consecutive
calendar days that also involves continuing treatment by a health
care provider.
A period of incapacity due to pregnancy or prenatal
care.
A period of incapacity or treatment for such
incapacity due to a chronic serious health condition.
A period of incapacity which is permanent or
long-term due to a condition for which treatment may not be effective.
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.
F.
Notification requirements. Unless there are unusual
circumstances, such as a sudden serious illness, the employee must
give notice, in writing, to the department head at least 30 calendar
days prior to the commencement date of the unpaid leave.
G.
Status reports. The employee must continuously update
the appropriate department head as to the employee's status as it
relates to eligibility.
H.
Medical certification.
(1)
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, 15 calendar
days from the date the leave 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. The medical
certification must include:
(a)
The date the medical condition began.
(b)
The probable duration of the medical condition.
(c)
Pertinent medical facts.
(d)
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.
(2)
The Town of Esopus reserves the right to request a
second opinion by another health care provider. The Town will pay
for the second opinion. In the event that a conflict occurs between
the first and second opinion, the Town may, again at its own expense,
obtain a third opinion from a health care provider approved jointly
by the Town and the employee. This third opinion will be final and
binding.
I.
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.
J.
Benefits during an unpaid leave of absence. For the
purpose of this policy, the following will apply:
(1)
Use of accrued paid leave credits. An employee must
first use all vacation leave credits which will be included in the
maximum 12 weeks of leave. For leaves taken due to the employee's
own serious health condition, the employee must first use all sick
leave credits, which will be included in the maximum 12 weeks of leave.
(2)
Accrual of paid leave credits while on unpaid leave.
An employee will not accumulate vacation leave or sick leave while
on an unpaid leave. An employee will not receive holiday pay for any
holidays that may occur while on an unpaid leave of absence.
(3)
Medical insurance. During the unpaid leave, an employee's
eligibility status for medical insurance coverage will not change.
All employee contributions must be paid on a timely basis in order
to maintain the continuous coverage of benefits. Contributions will
be at the same level as if the employee was working. Coverage will
cease if payments are not made within a thirty-calendar day grace
period of the due date. Premium payments or policy coverage are subject
to change. In the event the employee fails to return to work after
the unpaid leave of absence period has expired, the Town may recover
the premium that it paid for maintaining the coverage during any period
of the unpaid leave, except for the following circumstances:
(a)
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,
(b)
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;
a relative or individual other than an immediate family member has
a serious health condition and the employee is needed to provide care;
or, the employee is laid off while on leave.
K.
Employment restrictions during leave of absence. While
on an approved unpaid leave, the employee may not be employed by another
employer during the same hours that the employee was normally scheduled
to work for the Town of Esopus.
L.
Return to work. The following conditions for returning
to work will apply:
(1)
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.
(2)
Early return. An employee who intends to return to
work earlier than anticipated must notify the department head at least
five business days prior to the date the employee is able to return.
The department head shall in turn notify the Town Supervisor.
(3)
Extension of unpaid leave of absence. An employee
who wants an extension of the leave previously requested must notify
the employee's department head at least two business days from the
date the change occurred which necessitates the change in leave time.
The Town Board reserves the right to approve all leave extensions.
