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6.12 Family & Medical Leave (FMLA) <br />Pursuant to the Family Medical Leave Act (FMLA), the City provides up to 12 weeks of unpaid <br />leave to eligible employees for reasons related to medical and family care. In the case of a military <br />caregiver leave, FMLA allows up to 26 weeks. <br />A. Eligible Employees <br />Employees are eligible for family or medical leave if they meet all of the following conditions: <br />• Have worked for the City for at least 12 months (or 52 weeks) prior to the date the leave is <br />to commence. The 12 months or 52 weeks need not have been consecutive. However, the <br />City will not consider any service 7 years prior to the employee's most recent hire date, <br />unless the break in service was due to a military service obligation. <br />• Have worked at least 1,250 (on -the -clock) hours during the 12-month period preceding the <br />start of the leave. Hours worked does not include time spent on paid or unpaid leave. <br />B. Qualifying Events <br />An eligible employee will be granted up to 12 weeks leave during any 12-month period for any of <br />the following qualifying events: <br />1. Birth of a child or placement of a child with the employee for adoption or foster care. This <br />entitlement expires 12 months after the birth or placement. <br />2. To care for a spouse, child, stepchild, or parent who has a serious health condition. This <br />includes psychological, physical care, and sharing care duties. A child is defined as a <br />person less than 18 years of age (or a person incapable of self -care because of a physical <br />or mental disability) who is biological, adopted, a foster child or step child, ward of the <br />employee, or a person with whom the employee is charged with parental rights. An eligible <br />parent includes a biological parent or a person who was charged with parental rights, duties, <br />and responsibilities over the employee when the employee was under the legal age, but <br />does not include in-laws. <br />3. Because of a serious health condition making the employee unable to perform the essential <br />functions of their position. "Serious health condition" is defined in Federal law 29 C.F.R. <br />825.116, but generally includes incapacity requiring absence from work or more than five <br />days that also involves continuing treatment by a health care provider (also includes <br />prenatal care). <br />4. A covered military member's active duty or call to duty or to care for a covered military <br />member. <br />C. Notice Requirements <br />Thirty (30) days written or verbal notice is required if the leave is foreseeable. If 30 days notice <br />is not possible, as much notice as is practical must be given. Planned medical treatments should <br />be scheduled so that they will not unduly disrupt the City's operations. <br />D. Insurance Benefits <br />Health insurance coverage will be continued at the same level and under the same terms as if the <br />employee continued working. Arrangements for payment of the employee's portion of premiums <br />must be made by the employee through the Finance Department. <br />25 <br />