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PPMR 08-09 Section 9, Leave PolicyNumber: 08 -09 Subject: Leave Village of North Palm Beach Date: 08 -2743 per'" Revised: Village Policy Manual Section 9.0 POLICY AND PROCEDURES MANUAL REVISION 9.0 LEAVE POLICY 9.1 Family and Medical Leave Policy (FMLA): 9.1.1 Introduction: It is the policy of the Village to provide eligible employees leave in accordance with the Family Medical Leave Act of 1993, as amended from time to time. 9.1.2 Village Polic /Le al Authority: The Village policy prohibits the discrimination or retaliation against any individual(s) with regard to access to family and medical leave, or interference with requested leave, under this Policy. The Village has set forth its policy under this Section of the policy and procedures manual. The specific legal authority for the FMLA Act is 29 U.S.C. Section 2601, et seq. 9.1.3 Purpose: The purpose of the Family and Medical Leave Policy is to provide eligible employees up to 12 weeks, or 26 workweeks in the case of service - member family leave, of unpaid family, medical, or exigency leave during a 12 -month period in accordance with the Family and Medical Leave Act of 1993. 9.1.4 Measurement of 12 -Month Period: The 12 -month period is measured backward from the date an employee uses any FMLA leave for all types of leave except to measure the 26 weeks available to care for a covered service- member. The 12 -month period to calculate the 26 weeks available to care for a covered service - member is measured forward from the first date the employee uses leave for this reason. 9.1.5 Definitions: a B. Contingency peration: means a military operation that - 1. is designated by the Secretary of Defense as an operation in which members of the Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or 2. results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of Title 10, chapter 15 of Title 10, or any other provision of law during a war or during a war or national emergency declared by the President or Congress. C. Covered Active Duty: means duty during deployment to a foreign country as a member of the Regular Armed Forces or duty of a Reserve component of the Armed Forces during deployment to a foreign country under a Federal call or order to active duty in support of a contingency operation. D. Covered Service - member: means a current member of the Armed Forces, including a member of the National Guard or Reserves, or covered veteran, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for an injury or illness incurred in the line of duty on active duty in the Armed Forces or that existed before the beginning of the active duty and was aggravated by service in the line of duty on active duty and that may render the member medically unfit to perform the duties of the service - member's office, grade, rank or rating. E. Military Member (for Exigency Leave provisions ): means a spouse, child or parent, who is also a member of the reserve components (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve) or a retired service - member of a regular component of the Armed Forces, is on covered active duty or called to covered active duty status F. Eligible Employee: An employee who has: 1. Been employed for at least twelve (12) months by the employer with respect to whom leave is requested. The twelve (12) months of employment do not need to be consecutive, and 2. Worked, excluding paid and unpaid leaves of absence, for at least 1,250 hours of service during the twelve (12) month period immediately preceding the leave. F. Equivalent Position: A position with equivalent pay, benefits and working conditions, including privileges, prerequisites, and status. The equivalent position must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority. G. Health Care Provider: A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which he or she practices. Anyone determined by the Secretary of Labor to be capable of providing health care services will also qualify as a health care provided. Included are: 1. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x -ray to exist) authorized to practice in the State. 2. Nurse practitioners, nurse midwives, clinical social workers, and physician assistants who are authorized to practice in the State. 3. Christian Science practioners listed with the First Church of Christ, Scientist in Boston, Mass. H. Incapable of Self Care: The individual requires active assistance or supervision to provide daily self -care in several "activities of daily living or "ADL's ". ADL's include adaptive activities such as caring for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones, using a post office, etc. I. Next of Kin of Covered Service Member: means the nearest blood relative of that individual. Outpatient Status: with respect to covered service - member, means the status of a member of the Armed Forces assigned to — 1. Military medical treatment facility as an outpatient; or 2. Unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. K. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves: 1. Any period of incapacity or subsequent treatment connected with inpatient (overnight) care in a hospital, hospice, or residential medical care facility; or 2. A period of incapacity requiring absence of more than three consecutive, full calendar days from work, school, or other regular daily activities and any subsequent treatment or period of incapacity relating to the same condition that also involves: a. Treatment two (2) or more times within thirty (30) days of incapacity, unless extenuating circumstances exist, by (or under supervision of) a health care provider; or b. Treatment by a health care provider on at least one (1) occasion that results in a regimen of continuing treatment under supervision of a health care provider. The first, or only, treatment visit under Subsections (a) or (b) must take place in person within seven (7) days of the first day of incapacity. 3. Any period of incapacity due to pregnancy, or for prenatal care; 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition, which is defined as: a. A condition that requires visits at least two(2) times per year for treatment by (or under the supervision of) a health care provider; b.Continues over an extended period of time, including episodes of a single underlying condition; and c. May cause episodic rather than a continuing period of incapacity such as asthma, diabetes and epilepsy. 5. A period of incapacity that is permanent or long -term due to a condition for which treatment may not be effective such as Alzheimer's, stroke, or terminal diseases; 6. Any absences for restorative surgery after an accident or injury or to receive multiple treatments (including any period of recovery there from) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated, such as chemotherapy, physical therapy, or dialysis. L. Parent: A biological, adoptive, step or foster parent or an individual who legally stands or stood in the place of the biological parent. M. Child: A biological, adopted or foster child, a stepchild, a legal ward or child of a person standing in the place of the biological parent who is either under the age of 18, or age 18 or older and incapable of self -care due to a mental or physical disability at the time FMLA leave is to commence. N. Spouse: A spouse is defined in accordance with applicable state law in effect at the time of the leave. 4. Reduced Leave Schedule: A leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. P. Exigency: one that is related to, or necessitated by, the active duty or call to active duty status of a covered military member and is also one of the following: 1. Short- notice deployment; a. Leave for this purpose may be used for seven (7) calendar days beginning on the date the covered military member is notified of an impending call or order to active duty in support of a contingency operation. b. Leave for this purpose is used to address issues that may arise from the fact that a covered military member is notified of an impending call or order to active duty in support of a contingency operation seven (7) or less calendar days prior to the date of deployment. 2. Military events and related activities; a. To attend any official ceremony, program, or event sponsored by the military; and b. To attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross. 3. Childcare and school activities; a. To arrange for alternative childcare when the active duty or call to active duty status of a covered military member necessitates a change in the existing childcare arrangement for a child of a covered military member at the time FMLA leave is to commence; b. To provide childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis); c. To enroll in or transfer to a new school or day care facility a child of the covered military member when enrollment or transfer is necessitated by the active duty or call to active duty status of a covered military member. d. To attend meetings with staff at a school or a daycare facility, such as meetings with school officials regarding disciplinary measures, parent- teacher conferences, or meetings with school counselors, for a child of the covered military member. 4. Financial and legal arrangements; a. To make or update financial or legal arrangements to address the covered military member's absence while on active duty or call to active duty status, such as preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust. b. To act as the covered military member's representative before a federal, state, or local agency for purposes of arranging or appealing military service benefits while the covered military member is on active duty or call to active duty status, and for a period of 90 days following the termination of the covered military member's active duty status. 5. Counseling; a. To attend counseling provided by someone other than a healthcare provider far: 1. The employee; 2. The covered military member; or 3. The child of the covered military member. 6. Rest and recuperation; a. Leave may be taken for up to fifteen (15) days for each instance of rest and recuperation. b. To spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment. 7. Post - deployment activities; a. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member's active duty status; and b. To address issues that arise from the death of a covered military member while on active duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements. 8. Parental Care where the parent of the military member is incapable of self -care; a. To arrange for alternative care when the military member's call to active duty necessitates a change; b.To provide care on an urgent, immediate need basis arising from the call to active duty of the military member; c.To admit or transfer to a care facility necessitated by the call to active duty of the military member; or d.To attend meetings at the care facility due to the call to active duty of the military member. 9. Additional activities. a. To address other events provided that the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave. 9.1.6 Policy: A. Notice: Employees must provide Human Resources with no less than 30 days written notice of their intent to take FMLA leave when the leave is foreseeable. If the FMLA leave is unforeseeable, the employee must provide notice as soon as possible after the employee learns of the need for the leave. B. Eligibility: To be eligible for family or medical leave, an employee must have been a Village of North Palm Beach employee for at least 12 months and have worked for at least 1250 hours during the previous 12 -month period. In addition to the foregoing eligibility requirements, the employee must also show that the reason for the leave falls into one of the following categories: I . the birth of a son or daughter, and to care for the newborn child; 2. the placement with the employee of a child for adoption or foster care, and to care for the newly placed child; 3. to care for an immediate family member (spouse, child, parent, and parent "in -law ") with a serious health condition; 4. when the employee is unable to work because of a serious health condition; 5. to care for a covered service - member who is a member of the Armed Forces, including the National Guard or Reserves, or a covered veteran, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for an injury or illness incurred in the line of duty on active duty in the Armed Forces or that existed before the beginning of the active duty and was aggravated by service in the line of duty on active duty and that may render the service - member medically unfit to perform the duties of the service - member's office, grade, rank or rating. The employee must be the family member or the next of kin (nearest blood relative) of the covered service - member; or 6. to address any qualifying exigency arising out of the fact that a spouse, child, or parent who is also a covered military member in the reserve components of the U.S. National Guard, Reserves, or retired members of the regular Armed Forces or Reserves is on active duty or called to active duty status in support of a contingency operation and deployed to a foreign country. Such leave is not available to an employee who is the family member of a service - member of the Regular Armed Forces unless the military member is deployed to a foreign country. Additionally the call to active duty refers to a Federal call and not a State call, unless the State call was ordered by the President of the United States under certain circumstances. C. Birth, Adoption or Foster Care of a Child 1. An eligible employee can take up to 12 weeks of leave during a 12 -month period measured backward from the first date family or medical leave is used. This applies equally to mothers and fathers. However, if both the mother and father are employed by the Village of North Palm Beach, the aggregate number of workweeks of leave that both can receive is limited to 12 work weeks during any 12 -month period. 2. The entitlement to leave expires at the end of the 12 -month period beginning on the date of the birth, or placement of a child. 3. Employees meeting the requirements of the Sick Leave policy are required to use their applicable sick leave and then the accrued vacation leave concurrently with FMLA before the leave becomes unpaid. After any accrued vacation leave is exhausted, employees may request to use their remaining accrued sick leave if they did not meet the requirements of the Sick Leave Policy, or only met the requirements for a portion of the absence, before the leave becomes unpaid leave. To request to use the accrued sick leave, Employees must submit the form "Employee Request to Apply Sick Leave to Unpaid FMLA Leave Based upon Birth or Placement of a Child" to the Human Resources Department. Any accrued compensatory time off shall be used prior to the leave becoming unpaid. All paid leaves of absence shall run concurrently with the FMLA leave. 4. This type of leave shall not be taken by employees intermittently or on a reduced work schedule. D. Leave due to serious health condition of the employee or to care for a family member having a serious health condition. 1. For purposes of this section, Family Member is defined as a spouse, parent, or child. 2. An eligible employee can take up to 12 weeks of leave during a 12 -month period measured backward from the first date leave is used. 3. Employees using FMLA leave for a serious health condition are required to exhaust their sick and vacation leave balances before FMLA leave becomes unpaid. Any accrued compensatory time off shall be used prior to the leave becoming unpaid. 4. Spouses employed by the Village of North Palm Beach are limited to a combined total of 12 workweeks of family leave for the care of an employee's child who has a serious health condition. 5. Leave due to a serious health condition may be taken intermittently if medically necessary as certified by the treating health care provider. E. Service - Member Family Leave 1. For purposes of this section, family member is defined as a spouse, parent, or child. 2. Next of kin is the nearest blood relative of the service - member (other than the spouse, parent, or child of the covered service- member) in the following order of priority: blood relative who has been granted legal custody of the covered service - member by court decree or statute; brothers and sisters; grandparents; aunts and uncles; and first cousins; unless the covered service - member has specifically designated in writing another blood relative as the nearest blood relative for purposes of military caregiver leave under the FMLA. 3. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service - member, who is recovering from a serious illness or injury sustained in the line of duty on active duty, may take up to a total of 26 workweeks of leave during a 12 -month period to care for the service- member. The leave described in this paragraph shall only be available during a single 12 -month period; 4. During the single 12 -month period, eligible employees are entitled to a combined total of 26 workweeks of leave for all types of FMLA leave; 5. If both a husband and wife are employed by the Village, the aggregate number of workweeks of leave that both can receive is limited to 26 workweeks during the single 12 -month period for service - member leave or a combination of service - member leave and the other types of FMLA leave available; 6. If an eligible employee does not take all of his or her 26 workweeks of leave entitlement under this section during the single 12 -month period, the remaining part of the 26 workweeks of leave entitlement is forfeited. However, the leave entitlement is applied on a per- covered service - member, per - injury basis such that an eligible employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for a different covered service - member or to care for the same service - member with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any single 12 -month period. When the eligible employee takes leave to care for more than one covered service- member or for a subsequent serious injury or illness of the same covered service - member, and the single 12 -month periods corresponding to the different military caregiver leave entitlements overlap, the employee is limited to taking no more than 26 workweeks of leave in each single 12 -month period; 7. Where leave qualifies as both leave to care for a covered service - member and leave to care for a family member with a serious health condition during the single 12 -month period, the Village must designate such leave as leave to care for a covered service - member in the first instance. This leave must not be designated and counted as both leave to care for a covered service- member and leave to care for a family member with a serious health condition; S. Service - member leave may be taken intermittently or on a reduced leave schedule when medically necessary; 9. Employees using FMLA leave for service - member leave are required to exhaust their sick leave then their vacation leave balance before FMLA leave becomes unpaid. Any accrued compensatory time off shall be used prior to the leave becoming unpaid. F. Leave due to a qualifying exigency arising out of the fact that a spouse, child or parent, who is also a National Guard, Reserve, or retired service - member of a regular component of the Armed Forces, or member of the regular Armed Forces is on active duty or called to active duty status in support of a contingency operation and deployed to a foreign country 1. Leave taken due to a qualifying exigency may be taken on an intermittent or reduced leave schedule basis. 2. Eligible employees may take up to 12 weeks of leave measured forward from the first date leave is taken for a qualifying exigency. 3. Employees meeting the requirements of the Sick Leave policy are required to use their applicable sick leave, if the leave qualifies under the Sick Leave policy, and then the accrued vacation leave concurrently with FMLA before the leave becomes unpaid. Any accrued compensatory time off shall be used prior to the leave becoming unpaid. All paid leaves of absence shall run concurrently with the FMLA leave. G. Medical Certification 1. The employee shall provide the Village of North Palm Beach Human Resources office with complete and sufficient certification of the need for leave from the health care provider of the employee, family member, covered service- member, or military member within 15 days of notification of the need for leave. The certification shall state: a. The date on which the serious health condition began; b. Health care provider contact information; c. The probable duration of the condition; d. The appropriate medical facts of the condition; e. If the patient is the employee, information sufficient to establish the employee cannot perform the essential functions of the job, any other work restrictions, and the duration of the inability; f. For family leave or service - member leave: a statement that the employee is needed to care for the family member and an estimate of the amount of time that such care is needed. g. In the case where an employee is unable to return to work because he /she is caring for a service- member who is recovering from a serious injury or illness sustained in the line of duty while on active duty, a certification must be issued stating such by the health provider of the service - member. h. The medical necessity of any intermittent leave request and estimate of the frequency and duration of episodes of incapacity. 2. The Village shall provide the appropriate certification form to be used for all employees requesting FMLA leave. When the certification is returned incomplete or insufficient, the Village will notify the employee in writing what additional information is necessary. A certification is not sufficient if it is complete, but the information provided is vague, ambiguous, or non - responsive. The Village will give the employee seven (7) calendar days to correct an incomplete or insufficient certification. 3. The certification shall be signed by the health care provider responsible for providing such services and not by a staff member employed by the health care provider. The employee will be required to obtain subsequent re- certification on a reasonable basis. 4. The Village of North Palm Beach may require, at its own expense, that the employee obtain the opinion of a second health care provider designated or approved by the Village, however, the health care provider cannot be employed on a regular basis by the Village. If the two opinions conflict, the Village can, at its own expense, require a third and binding opinion. 5. Employees failing to provide complete and sufficient certifications as required, and after any opportunity to correct, may be denied the taking of FMLA leave. H. Re- Certifications The employee will be required to submit a recertification if any of the following occurs: 1. Every thirty (30) days in connection with the employee's absence, but if the minimum duration of the condition is more than 30 days, the Village will not request a recertification until after the initial duration of the condition expires or when one of the situations below occurs, whichever occurs first. 2. The Village may require recertification within thirty (30) days if: a. The employee's own, their immediate family member's or covered service - member's medical condition or duration or frequency of absences changes significantly; b. The Village receives information that casts doubt upon the stated reason for the absence or the continuing validity of the certification; or c. The employee's need for leave extends beyond the time their own, their immediate family member's or covered service - member's health care provider indicates on the most recent medical certification. 3. After six (6) months of the date the most recent medical certification that was completed by the attending physician, in connection with an absence by the employee (regardless of the duration of the condition); 4. A qualifying exigency arises out of a different covered active duty or call to covered active duty status of the same or different covered military member; or, 5. The employee's need for leave due to the employee's own serious health condition, or the serious health condition of a covered family member, lasts beyond a single leave year. 6. Employees bear the entire cost of obtaining re- certifications required by the Village. 7. Employees failing to provide complete and sufficient re- certifications as required, and after any opportunity to correct, may be denied the taking of FMLA leave. Failure to provide any re- certification may result in denial of leave under the FMLA policy. Employees who fail to provide requested documentation of the reason for an absence from work may be subject to disciplinary action up to, and including, termination. I. Intermittent or Reduced Work Week Leave 1. Leave can be taken intermittently or on a reduced work schedule when medically necessary or as a result of a qualifying exigency. The taking of the leave intermittently or on a reduced work schedule shall not reduce the total amount of leave to which the employee is entitled. However, the employee must provide a certification from the health care provider stating that the employee's reduced work schedule is necessary and the expected duration and schedule of the intermittent leave or reduced work schedule. Such certification must also include the information listed under the foregoing "Medical Certification" section and shall also be signed by the health care provider responsible for providing such services and not by a staff member employed by the health care provider. 2. If an employee requests intermittent leave or leave on a reduced work schedule that is foreseeable based on a planned medical treatment, the employee: a. May be required to transfer temporarily to an available alternative position (for which they are qualified) which has an equivalent pay and benefits and which better accommodates recurring periods of leave than the regular position of the employee. b. Must make reasonable efforts to schedule the treatment so as not to unduly disrupt operations. 3. If an employee was absent from work due to a previously approved FMLA reason that was unforeseeable, the employee is required to follow the Village's Sick Leave Policy's unforeseeable use of sick leave procedures to notify the Village of the need for leave, and explicitly state that the need for leave is related to the previously approved FMLA condition. Upon returning to work, the employee must complete and submit to the Human Resources Department an Intermittent Leave of Absence under FMLA Request Form within 5 business days of the employee's return to work for the time to be designated as FMLA. In the absence of such timely notification by the employee, the employee may not subsequently assert FMLA protections for the absence. J. Concurrent Use of Paid Leave As mentioned in each of the sections above, employees are required to use sick and/or vacation leave concurrently with FMLA. The Village further requires that the employee satisfy the procedural requirements set forth in the paid leave policies in order to ensure payment pursuant to the paid leave policy. K. Health Insurance and Other Benefits During FMLA Leave 1. During approved FMLA leave, the Village is required to maintain group health insurance benefits. Maintenance of such group health insurance requires that the employee continue to contribute any co- payment of his or her normal portion of the insurance premiums to the Village in order to maintain insurance coverage. For details on continuation of health insurance benefits for dependents, contact the Village of North Palm Beach's Human Resources Department. 2. Once FMLA leave becomes unpaid, employees do not continue to accrue seniority, vacation leave or other benefits that are not accrued during other types of unpaid leaves of absence. L. Return from FMLA 1. Employees returning from an FMLA leave are required to submit a fitness for duty certification by their healthcare provider prior to returning to work demonstrating the employee can perform the essential functions of the job. Failure to provide that certification prior to the scheduled return date may delay the employee's reinstatement. 2. After the beginning of the leave an employee may discover that circumstances have changed and the amount of leave time originally anticipated is either reduced or needs to be extended. In foreseeable circumstances where it is necessary to change leave time the employee is required to give the Village notice within two (2) business days. 3. Upon the employee's return to work, the employee is reinstated to the same or a substantially equivalent position. The Village will not guaranty the employee's position or an equivalent position if their leave extends past twelve (12) weeks. 4. An employee who accepts other employment, or who fails to return to work on the next regularly scheduled work day following the expiration of the leave, or who does not accept a position offered by the Village when returning from a leave, will be considered to have voluntarily resigned from their employment. Employees are prohibited from performing any work during FMLA leave, for the Village or any other entity or individual, and may be terminated immediately upon discovery of same. 5. If the employee decides not to return to work: If the employee does not return from the approved leave, the Village shall require the employee to reimburse the Village for its portion of their health coverage premium that was paid for the employee under the group health plan during the employee's leave. 6. Exceptions. The Village will not require the employee to reimburse the Village for maintaining coverage if the employee does not return to work for one of the following reasons: a. If the leave is for the employee's serious health condition and the employee was unable to return to work because of the continuation, recurrence or onset of the condition. b. If the leave is for the serious health condition of a family member and the employee was unable to return to work because he/she -was still needed to care for that family member. c. Certification: If the employee does not return from their approved leave because of one of the two reasons just stated above, the employee must present certification from his/her health care provider or the health care provider of the family member in question. This certification must be presented as soon as possible, but no later than fifteen (15) days after the last day of the employee's scheduled leave. d. The certification must contain the following information: i. If the leave is for the employee's serious health condition, the certification must include a statement that the employee is unable to perform the functions of his/her position on the date the employee's approved leave expired. ii. If the leave is for the serious health condition of a family member, the certification must include a statement that the employee is needed to care for that family member on the date that the employee's approved leave expired. M. Confidentiality The Human Resources Department shall maintain the confidentiality of information obtained from employees regarding the qualifying conditions and medical information during the FMLA process. Supervisors, Department Heads, and other employees are generally not provided this confidential information. However, Human Resources will supply the Supervisors and Department Heads, as applicable, information regarding the dates of leave, anticipated return to work dates, and any limitations or restrictions imposed upon the employee by his or her health care provider to ensure the employee's safety in working on an intermittent or reduced schedule, or upon his or her return to work. 9.1.7 Forms for the Family and Medical Leave: The forms for Family and Medical Leave are to be used in application and other various actions for the Family and Medical Leave Policy and are available in Human Resources. 9.2 Other Leave Policies: 9.2.1 Vacations: A. General: 1. The Village determines and schedules the vacation period of each employee eligible for a vacation. Consideration is given where possible to the preference of the employee as to the time of his or her vacation. 2. No one shall take a vacation of such length as to jeopardize the effectiveness of the duties of that position. The Department Head and/or the Village Manager shall determine, based on the conditions specific to the period sought for the vacation, whether or not the length of the vacation is appropriate. If the Department Head and/or the Village Manager deem the vacation to be inappropriate, the vacation length may be limited. B. Eligibility Requirements: 1. Vacation days accrue, but may not be taken during the first ninety (90) days of the employee's probationary period. All full -time personnel who have completed the first ninety (90) days of their probationary period may take vacation with pay in accordance with the following accrual schedule: a. 0 -59 months 80 hours b. 60 -119 months 120 hours c. 120 and over 160 hours 2. In the event a paid holiday should occur during an employee's vacation period, the employee's vacation time shall not be credited against the paid holiday. An employee shall not lose his vacation with pay if incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be reassigned upon return to duty. 3. Vacation time shall be credited and reportcd per pay period to indicate hours accrued, less hours taken, reflecting net vacation hours available per pay period. 4. Vacation schedules shall be approved by the Department Head. 5. The maximum number of vacation days an employee may accrue is the unused days accrued during the employee's previous two year period. Any employee, who voluntarily terminates, retires or dies while employed by the Village shall receive payment equal to 100% of the unused days of vacation accrued during the two year period prior to termination, retirement, or death. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation time. However, in the Village's sole discretion, payment may be made directly to the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no children, to the employee's father or mother in accordance with Florida Statute 222.15, as amended from time to time. Any employee who fails to complete his /her probationary period, is terminated for cause, or fails to give appropriate notice of resignation , shall not receive payment for earned vacation time. Exceptions may be made for employees unable to provide full notice of resignation as recommended in writing by the Department Head and approved by the Village Manager. 9.2.2 Personal Leave without _Pa_y_: The Village Manager may authorize Regular Employees in regular full -time positions to be absent without pay for a period not to exceed one hundred eighty (180) days. A. Leave requests must first have the approval of the affected Department Head. B. These types of leaves shall be for candidacy for elected office, voluntary military service, education or training that will benefit the Village or other substantial reason. C. Employment shall be automatically terminated at the end of approved leave if the employee does not return to work. D. Employees shall request such leaves in advance of the date so desired. The best interest of the Village shall be the primary consideration in granting a personal leave without pay. E. In no instances shall an employee be granted a personal leave without pay if he /she can use accumulated paid leave. Health insurance and /or other fringe benefits may be continued at the employee's own expense during said unpaid leave. F. During unpaid Personal Leave, employees do not continue to accrue seniority, vacation leave, sick leave, or other benefits. 9.2.3 Holidays: A. The following calendar days and such other days as the Village Council may designate are deemed holidays with time off with full pay to all full -time employees in regular positions. If the holiday falls on a Saturday, the previous Friday shall be designated as the official holiday and if the holiday falls on a Sunday, the following Monday shall be designated as the official holiday. All official holidays shall be considered to commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty -four (24) hours thereafter. Holidays New Year's Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day B. Regular full -time employees shall receive pay for official holidays at their normal rate of pay; provided they are in pay status the last regular shift to which they would have been assigned prior to the holiday and the first regular shift to which they would have been assigned following the holiday. 9.2.4 Sick Leave: A. The basic sick leave policy of the Village shall be to earn one (1) day of sick leave for each month of employment. B. All regular full -time employees are eligible to earn one (1) day of sick leave per month of employment. All regular full -time employees who work less than a full month due to separation during the month or leave of absence without pay shall not earn sick leave credits for that month. C. Employees taking sick leave shall be compensated at their straight time hourly rate of pay for the time off work. Sick leave shall continue to accrue during periods of authorized absence on which the employee is in active pay status. An employee may accrue an unlimited number of sick days for uses in the event he or she is sick. However, an employee terminated for cause shall not be entitled to receive accumulated sick leave pay. Cause shall include theft, intoxication on the job, violence or threat of violence, conviction of a felony, negligent, careless or intentional performance that results in damage to property or individuals or the risk thereof, performance problems which are determined to be due to skill deficiency rather than rule violations or neglect of duty, or any cause for termination identified in any then applicable collective bargaining agreement or the personnel policies as amended from time to time. Regular employees shall receive, upon voluntary termination, retirement or death, while in the service of the Village, a sick leave payment of fifty percent (50 %) of the unused, accrued sick leave days, not to exceed thirty (30) days total. D. Uses of sick leave shall not be authorized prior to the time it is earned and credited to the employee and shall only be used with the approval of the Department Head for the following reasons: 1. Employee's personal illness. 2. Medical or health treatment which is necessary during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with workers' compensation 5. Pregnancy and maternity of employee. 6. When required to personally attend to an immediate family member who is seriously ill. For purposes of this provision, family member is defined as parent, child, sibling, uncle, aunt, first cousin, nephew, niece, spouse, parent -in -law, son - in -law, daughter -in -law, sibling -in -law, step- parent, step- child, step - sibling, half - sibling, grandchild or grandparent. Additionally, in the Village's sole discretion, the Department Head, Human Resources Director, or the Village Manager may require medical certification regarding the necessity for the employee's absence. 7. Any qualifying FMLA reason. E. In situations where a foreseeable absence due to a qualifying sick leave reason arises, the employee must provide no less than 30 days written notice to the Department Head or to Human Resources. An employee who is unexpectedly incapacitated and unable to work shall notify the Department Head no later than thirty (30) minutes after the scheduled reporting time, or before the start of the scheduled shift for Public Safety employees, giving reason for absence and expected period of absence. This procedure shall be followed for each day the employee is unable to work unless prior approval is given by the Department Head or for approved FMLA absences. The Department Head shall determine to his/her satisfaction that an employee was actually too ill to work. Also, the Department Head shall: 1. Investigate suspected abuse of sick leave privileges. 2. After three (3) consecutive workdays of absence, require a medical certification of the employee's illness before authorization of any additional sick leave by the employee. Additionally, a Department Head may require that an employee provide a medical certification of the employee's illness where in the sole discretion of the Department Head, Village Manager, or Human Resources it appears the employee is abusing sick leave. 3. After three (3) consecutive workdays of absence, or where it appears the absence is due to a reason qualifying for FMLA regardless of the length of the absence, the Department Head must notify Human Resources that the employee may have an absence giving rise to qualification under the FMLA policy. Human Resources shall provide the employee with the FMLA Eligibility and Notice of Rights within 5 business days. 4. If a medical certification furnished by the employee is questionable, require the employee to submit to a medical examination which shall be paid for by the Village. Based on this medical examination, the Department Head shall: a. not approve further use of sick leave if the employee is evaluated as fit for work. b. allow the employee to use accrued sick leave until all sick leave has been used or until the employee is able to return to work (whichever occurs first) if the employee is evaluated as unfit for work. 5. An employee who, upon the request by the Department Head, refuses to comply with these rules shall not be eligible to use accrued sick leave. b. Abuse of sick leave privileges or a false claim for sick leave shall be considered sufficient cause for dismissal. Abuse of sick leave shall include, but not be limited to, an employee taking sick leave as it is earned, establishing a pattern of taking certain days off without any medical basis, or requesting sick leave after other leave of absence requests have been denied. Abuse of sick leave may also be demonstrated by an employee's failure to maintain an adequate sick leave balance, as determined in the Village's sole discretion. The employee must ensure that he/she has sufficient sick leave available before requesting or taking time off under the sick leave policy. Additionally, a Department Head may require that an employee provide a medical certification of the employee's illness where in the sole discretion of the Department Head, Village Manager, or Human Resources it appears the employee is abusing sick leave. The Village Manager may require review of any suspected abuse situation and take appropriate disciplinary action should abuse be confirmed. 7. Should a holiday occur during an employee's sickness, the sick day shall be charged as a holiday. 8. An employee who has less than six (b) months of service with the Village and separates from the Village for any reason, shall forfeit all unused sick leave credits. 9. Sick leave payment for deceased employees shall be remitted to the estate of the deceased. However, in the Village's sole discretion, payment may be made directly to the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no children, to the employee's father or mother in accordance with Florida Statute 222.15, as amended from time to time. 10. A sick leave pool may be established on a volunteer basis to allow non- probationary, regular full -time employees who have used up all their sick leave, compensatory and vacation leave due to FMLA eligible illness to draw, or use, up to thirty (30) days sick pay subject to the recommendation of the respective Department Head and the approval of Village Manager. The availability of "usable days" in the pool is determined by the sick leave time donated by other employees. 11. Regular full -time (non- probationary) general employees who do not use any sick leave within any continuous (6) six -month period are eligible to earn eight (8) hours annual leave time as incentive for not using sick leave. Bargaining unit employees shall receive sick leave incentive(s) in accordance with their respective collective bargaining agreement, unless otherwise negotiated. 9.2.5 Bereavement Leave: Regular full -time employees are entitled to a maximum of three (3) days of leave with pay for a death (or a critical illness in which death appears to be imminent) in the family which is defined as: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father -in -law, mother -in -law, son -in- law, daughter -in -law, brother -in -law, sister -in -law, step - father, step - mother, step -son, step- daughter, step- brother, step - sister, half - brother, half - sister, grandchild or grandparent. Any additional unpaid time which may be granted and charged to accrued and unused vacation leave shall be at the discretion of the Village Manager. 9.2.6 Reserved. 9.2.7 Jury Duty and Other Legal Duties: A. Employees who are summoned to jury duty by a court of competent jurisdiction will be granted time off with pay. Any employee who is released from jury duty and has more than half a normally scheduled workday remaining, shall report to work as soon after release as possible. B. Employees shall be granted leave with pay for appearance before a court, legislative committee or other body as a witness in a proceeding involving the federal government, State of Florida, or a political subdivision thereof in response to a subpoena or direction by a proper authority if such attendance is in connection with the employee's official duties. Such leave shall be approved by the Village Manager. 9.2.8 Meetings, Conferences, or Conventions: Regular full -time employees may attend conferences, conventions, training programs or other meetings if such attendance is in connection with the employee's official duties. In all cases the best interest of the Village shall prevail in granting time off from work. The Department Heads shall approve the time off and shall notify the Village Manager. The Village Manager may authorize travel time and/or expenses necessary to attend such meetings. Probationary employees may be sent for required certified training courses upon approval of the Department Head and the Village Manager. 9.2.9 Military Leaves: A. Annual Milit@M Leave 1. All commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard shall receive a leave of absence without loss of vacation leave, pay, time or efficiency rating, on all days during which they are engaged in training ordered under the provisions of the United States military or naval training regulations when assigned to active or inactive duty. In any one annual period, leaves of absence shall not exceed 240 working hours provided that leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be granted without pay and without loss of time or efficiency rating. 2. Employees will notify their Department Head as soon as they are informed of military service dates. If employees receive written drill schedules for a period of time, they will send a copy of the schedule for all scheduled drill at one time. Department Heads will not require employees to request a leave for each drill, providing schedules remain unchanged. a. The employee shall be required to submit a copy of orders or statement from the appropriate military commander as evidence of such duty to the Department Head. The orders or statement must be sent to the Village Manager at least ten (10) days in advance of scheduled date of departure for proper approval for military leave of absence. 3. Employees must submit a copy of their military orders immediately upon receipt of the orders. If an employee's military unit divides their two -week annual training requirements into two or more time frames, this must be indicated with an attached cover memo. 4. Employees will not be required to, but may choose to use their accrued annual and holiday leave balance for military requirements once they have exhausted their paid military leave. B. Military Leave for Active Duty (Actual Theater of Operations 1. US Army, Air Force, Navy, Marines, or Coast Guard members called to active duty by order of the President of the United States to participate or support an actual theater of operations (defined as the land, sea, or air area directly involved in war operations) will be granted up to 30 calendar day paid military leave. The 30 days of paid leave will be for time spent on active duty, in addition to the annual 240 hours of paid military training leave described above. 2. Employees called to active duty by order of the President of the United States will give their Department Head as much information as possible, as soon as possible. Employees will forward a copy of the operational order, through their Department Head, to the Village Manager for review when the order is received. 3. Air/National Guard members activated by order of the Governor of Florida for humanitarian or civil unrest will be entitled to 30 calendar days of paid military leave, in addition to the annual 240 hours of paid military training leave described above. Employees will forward a copy of the activation order, through their Department Head, to the Village Manager for review when the order is received. 4. Employees seeking to invoke military leave shall provide advance notice to the Village unless such notice is precluded by military necessity or otherwise impossible or unreasonable as interpreted under applicable law. S. Employees on military leave for periods of more than 30 days shall provide the Village with such documentation that can be used to establish the employee's basic eligibility for protection under the Uniformed Services Employment and Reemployment Rights Act of 1994. If the employee is unable to provide satisfactory documentation of military service in excess of 30 days, the Village reserves the right to contact the military unit with assistance from the employee to obtain such documentation. b. Military health coverage will be activated as soon as members are called to active duty by the President of the United States. 7. To receive the Village insurance benefits after military benefits cease, employees must contact the Human Resources Director to request coverage during the unpaid military -leave lag time between military coverage and returning to Village employment. C. Induction or Enlistment into Military Service: Any regular full time employee who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All monies due the employee (i.e., sick, vacation, holiday time, etc.) shall be paid at the time of his/her leaving Village employment to enter active military service. D. Health Insurance Benefits: 1. Employees have the right to elect continued health insurance coverage for themselves and their dependents during periods of military service. For periods of unpaid leave of up to 30 days of training or military service, the Village will require employees to pay their share, if any, of the cost of the coverage. 2. For longer periods of unpaid leave, the Village will charge employees the entire premium unless otherwise directed by the Village Manager. E. Reinstatement from Military Service: 1. Upon termination from active military service, an employee who wishes to return to Village employment shall be eligible for reinstatement or re- employment within one year after date of separation from the military service pursuant to Chapter 295, Florida Statutes. An employee requesting reinstatement with the Village shall submit to a medical examination to establish the fact that he /she is physically and mentally capable of performing the duties of his /her position. 2. An employee returning to Village employment in his/her position shall start at the salary he /she would have received, including all adjustments, had he /she remained continuously in the service of the Village instead of entering the armed services. The period of military leave is not considered a break in employment. 3. If the position vacated by an employee who entered the military service is reclassified or re- titled during his/her period of military service, such employee shall be entitled to be reinstated in the new or revised position, unless the employee is not capable of satisfactorily performing the duties of the position. If the former position has been abolished or if he/she is incapable of satisfactorily performing the duties, the employee shall be entitled to reinstatement in a position as nearly comparable as possible in salary and duties to the position he /she vacated, providing vacancies exist. 9.3 Sick Leave Reimbursement: 9.3.1 Purpose: The purpose of the annual sick leave reimbursement policy is to establish guidelines and criteria by which, eligible employees may submit to the Village a reimbursement request for certain levels of unused sick leave. 9.3.2 Criteria: A. This policy is applicable only to those employees not covered by a collective bargaining agreement. B. In accordance with Section 9.2.4 "Sick Leave ", an employee can earn one (1) day of sick leave for each month of employment. This is referred to as sick leave credits. In the defining and implementation of this policy, all remaining aspects of Section 9.2.4 remain in effect and take priority over this reimbursement policy. C. When an employee accumulates four (4) years worth of sick leave credits (i.e. 48 days), they will have achieved the minimum threshold base making them eligible for reimbursement. D. Once the employee has reached the base, all hours accumulated above the base are eligible for reimbursement by the Village. E. Reimbursement by the Village will be on a 50% basis whereby for every sick day credit above the base held by the employee the Village will reimburse one -half of that credit based on the employee's hourly wage rate. F. The reimbursement will be strictly voluntary at the request of the employee. The employee can only submit a request once per year during the month of May. The Village will be obligated to reimburse the employee for its sick leave credit request no later than November 30 of each year. Where an employee is separated from employment for any reason after the reimbursement request has been made, but prior to payment of the reimbursement, any payout to the employee shall be payable in accordance with Section 9.3.2 H and not based on the unpaid reimbursement request. G. Once the employee has received reimbursement for the credit above the base, the employee no longer possesses those sick leave credits, but loses them due to the reimbursement of the credit. The base is not applicable to an employee contributing to a sick leave pool as delineated in Section 9.2.4 E(10) If the employee contributes sick leave days to a pool, or uses sick leave days for illness and their overall total days/hours of sick leave drop below the base, they simply have to earn sick leave credits back until they meet the base to be eligible for reimbursement. H. In the event an employee retires, dies, or voluntarily terminates from the employment of the Village, the employee shall receive payment for unused sick leave time equal to fifty percent (50 %) of the unused accrued sick leave time, up to a maximum cap of thirty (30) days. Payment for deceased employees shall be remitted to the estate of the deceased. However, in the Village's sole discretion, payment may be made directly to the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no children, to the employee's father or mother in accordance with Florida Statute 222.15, as amended from time to time. 9.3.3 Application: A. The Finance Director will be responsible for establishing a reimbursement form and accounting for the base and other data necessary to financially administer this program in accordance with applicable wage and hour laws. B. The employee will be required to sign a certificate /affidavit confirming that the reimbursement for the sick leave credits is final and will not be subject to the grievance process. 9.4 Unused Vacation Reimbursement: 9,4.1 Purpose: The purpose of the annual vacation leave reimbursement program is to establish guidelines and criteria by which eligible employees may submit to the Village a reimbursement request for certain levels of unused vacation. 9.4.2 Criteria: A. This policy is applicable only to those employees not covered by a collective bargaining agreement. B. In accordance with Section 9.2.1 B, regular full -time employees can earn up to a certain number of days based on their length of service with the Village for purposes of vacation. In accordance with Section 9.2.1 B(5), the employee cannot accrue more than two years worth of vacation time. C. When an employee uses ten (10) days of vacation time (i.e. 80 hours) in the same year for which he requests reimbursement, he will have achieved the minimum threshold base for the reimbursement program. D. Once the employee has reached the minimum threshold base, the employee will be eligible for reimbursement by the Village of any unused vacation days. E. Reimbursement by the Village will be on a 100% (dollar for dollar basis) whereby for every unused vacation day above the ten days (80 hours), the employee will be reimbursed at his current hourly rate for each hour /day of unused vacation time. F. The reimbursement will be voluntary at the written request of the employee. The employee can only submit a written request during the month of October, immediately following the fiscal year for which his request is made. The Village will be obligated to reimburse the employee for his annual vacation leave reimbursement request no later than the November 30 following the fiscal year for which his request is made. Where an employee voluntarily terminates, retires or dies after the reimbursement request has been made, but prior to payment of the reimbursement, any payout to the employee shall be payable in accordance with Section 9.2.1 B(5) and not based on the unpaid reimbursement request. Employees who are involuntarily terminated after the reimbursement request has been made, but prior to payment of the reimbursement, shall not be paid the reimbursement and are not eligible for payment under Section 9.2.1 B(5). G. Once the employee has received reimbursement for the unused vacation time above the minimum threshold base, the employee no longer possesses those unused vacation days but loses them due to the reimbursement. Any time an employee's overall total days /hours of vacation time drops below the minimum threshold base, they become ineligible for reimbursement until such time as their minimum threshold base has been achieved. H. The Finance Director will be responsible for establishing a reimbursement form and accounting for the base vacation days and other data necessary to financially administer this program. I. The employee will be required to sign a certification/affidavit confirming that the reimbursement for the annual vacation leave days/hours is final and will not be subject to the grievance process. J. The employee will be reimbursed at the hourly rate earned as of September 30 for the fiscal year for which application was made.