9.01 Family and Medical Leave 9.01 FAMILY A:~D ~1EDIC.-~L LE:~VE
9.01.01. PURPOSE:
The purpose of the Family and Medical Leave Policy is to implement the Family and
Medical Leave Act (F'NILA) that was signed into law on February 1993. The Fi~ILA
provides eligible employees up to twelve weeks of unpaid leave during any twelve month
period. The leave can be taken for one or more of the following reasons:
a. Because of the birth of a son or daughter of the employee and in order to
care for that child.
b. Because of the placement of a son or daughter with the employee for adoption
or foster care.
c. In order to care for the spouse, child or parent of the employee, if such
spouse, child or parent has a serious health condition.
d. Because of a serious health condition that makes the employee unable to
perform the functions of his/her position.
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9.01.02 DEFL\TITIONS:
Eligible employee: In order to be eligible for the Fl-ILA leave, employees must meet both
of the following criteria:
a. An employee must have worked for the employer for at least twelve (12),
non-consecutive months before the first day of leave begins;
and
b. An employee must have worked at least 1,250 hours during the previous
twelve (12) month period.
c. The criteria set forth in this Paragraph II for qualification by an employee
for family and medical leave is not intended nor shall it be construed to
confer other benefits upon such employee that are set forth in the Personnel
Rules and Regulations.
9.01.03 POLICY:
a. BEFORE LEAVE BEGINS:
Notification of employee's leave
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In the case of the birth, adoption or placement of a child, or in the case of
a foreseeable medical condition, the employee must notify their respective
department head, in «Titing, as soon as possible, but no less than thirty (30)
days before the date the employee's leave is scheduled to begin.
If for some reason the employee must take leave and cannot notify the
department head within the appropriate time, they are required to report as
soon as possible to the department head to explain the circumstances and
situation.
`Vritten notification must be received before all family and medical leaves are
taken.
1. Paid and unpaid Leave
The Village requires the employee to exhaust all of the employee's accrued
vacation, sick leave, comp time and any other personal leave, prior to taking
any part of the approved family or medical leave.
2. Certification for employee's leave
a) All eligible employee's who request a medical leave as outlined above
must present certification from their health care provider or the health
care provider of the family member in question. The certification must
be presented before leave can be approved.
b) The certification must contain the following information:
1) The date on which the serious health condition began; and
2) The probable duration of the condition; and
3) All appropriate medical facts regarding the condition; and
4) If the leave is for the employee's serious health condition, the
employee's health care provider must state that the employee
is unable to perform his/her respective job duties;
or
If the leave is for the serious health condition of a family
member, the family member's health care provider must state
-- that the employee is needed to care for that family member.
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ci The ~~ifla?z can, at its oti~~n expense, require a second opinion concerning a
serious medical condition. If the ttivo opinions conflict, the Village can, at its
own expense, require a third and binding opinion.
b. DL~2L~G THE EMPLOYEE'S LEAVE:
1. Health and benefits
During the employee's approved leave, the employee will maintain all benefits
including group health coverage, pension, etc., but the employee must
continue to make any co-payments that he/she now makes. Failure to make
these co-payments will jeopardize the employee's health coverage.
However, the employee will not accrue seniority or other employment
benefits, including paid vacation leave, medical leave, etc.
2. Recertification
During the employee's approved leave, the Village may require, for a time
not to exceed six (6) months, at its own expense, that a serious medical
condition be recertified.
3. Regular contact with the Village
During the employee's approved leave, the employee is responsible to keep
in contact ~r1th the Village on a regular basis. For leaves of more than thirty
(30) days, the employee should contact the Village at least one time every
week and let the Village know of the employee's status and when the
employee plans to return to `vork.
Regular contact is necessary during the employee's approved leave to help
ensure all appropriate insurance coverage is in order, benefits are
maintained, etc.
c. RETURNIPIG TO WORK:
1. Necessary notification of employee's return
Before returning to work from the employee's approved leave, he/she must
contact the Village. At least seven calendar days before the employee plans
to return to work, the employee must contact the Village or department head
and let them know when they intend to return to work.
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\~otitication is necessary before the employee returns to help ensure that the
employee is reactivated on the payroll s~~stem as soon as possible.
Failure to return to work following an authorized leave will subject the
employee to disciplinary action in accordance with the Village's normal
policies.
2. Certification of the employee's return
Before returning to work from the employee's approved medical leave, the
employee must present certification from their health care provider that
he/she is able to return to their respective job duties. This certification must
be presented before the employee's return to work can be approved.
3. The employee's position upon return
When the employee returns to work from their approved leave, the employee
will be able to return to their same position or an equivalent position. The
Village will not guaranty the employee's position or an equivalent position if
their leave extends past twelve (12) weeks.
4. If the employee decides not to return
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a) 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.
b) Exceptions:
The Village will not require the employee to reimburse the Village for
maintaining coverage if the employee does not return for one of the
following reasons:
1) 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.
or
2) 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.
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Certification: If the emplor~ee does not return from their appro~-ed lea~•e
because of one of the tw•o 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.
The certification must contain the following information:
3) 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.
4) 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.
9.01.04 FORiI~IS FOR THE FAi~1ILY AND MEDICAL LEAVE POLICY:
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 attached as Appendix I:
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