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29 <br /> <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 <br />is to commence. The 12 months or 52 weeks need not have been consecutive. However, <br />the City will not consider any service 7 years prior to the employee’s most recent hire <br />date, 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 <br />the 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 <br />eligible parent includes a biological parent or a person who was charged with parental <br />rights, duties, and responsibilities over the employee when the employee was under the <br />legal age, but does not include in-laws. <br />3. Because of a serious health condition making the employee unable to perform the <br />essential functions of their position. “Serious health condition” is defined in Federal law <br />29 C.F.R. 825.116, but generally includes incapacity requiring absence from work or more <br />than five days that also involves continuing treatment by a health care provider (also <br />includes 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 is <br />not possible, as much notice as is practical must be given. Planned medical treatments should be <br />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 <br />the employee continued working. Arrangements for payment of the employee's portion of <br />premiums must be made by the employee through the Finance Department. <br />If an employee fails to return from FMLA leave for reasons other than the continuation of the <br />serious health condition of the employee or covered family member, the City may seek <br />reimbursement for the premiums paid for group insurance benefits during the period of unpaid <br />leave. <br />71