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36 City of Little Canada Personnel Policy SECTION 16 - LEAVES WITHOUT PAY Family Medical Leave Act The City provides leave according to the Family and Medical Leave Act of 1993 (FMLA), which provides for unpaid, job-protected leave to covered employees in certain circumstances. Eligibility To qualify for FMLA leave, you must: (1) have worked for the City for at least 12 months, although it need not be consecutive; (2) worked at least 1,250 hours in the last 12 months; and (3) be employed at a worksite that has 50 or more employees within 75 miles. If you have any questions about your eligibility for FMLA leave, please contact the City Clerk/HR Manager. While FMLA applies to the City of Little Canada, because the City does not have more than 50 employees employed at one location or within 75 miles of one location, no employees are eligible for FMLA coverage. Leave Policy If eligible, you may take up to 12 or 26 weeks of family or medical leave whichever is applicable (as explained below), within the relevant 12-month period defined below. While you are on FMLA leave, the City will maintain your group health insurance coverage at the same level and under the same circumstances as when you were actively working, as explained more fully under the section titled, "Medical and Other Benefits." On returning from approved FMLA leave, you have the right to be restored to the same job or an equivalent position, subject to the terms, limitations, and exceptions provided by law. Leave Entitlement You may take up to 12 weeks of unpaid FMLA leave in a 12-month period, using a "rolling" method that is measured backward from the date you use any FMLA leave for any of the following reasons: • the birth of a child and in order to care for that child (leave to be completed within one year of the child's birth); • the placement of a child with you for adoption or foster care and in order to care for the newly placed son or daughter (leave to be completed within one year of the child's placement); • to care for a spouse, child, or parent with a serious health condition; • to care for your own serious health condition, which renders you unable to perform any of the essential functions of your position; or • a qualifying exigency of a spouse, child, or parent who is a military member on covered active duty or called to covered active-duty status (or has been notified of an impending call or order to covered active duty). You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave to care for a spouse, child, parent or next of kin who is a covered service member and who has a serious injury or illness related to active-duty service, as defined by the FMLA's regulations (known as military caregiver leave).