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31 <br /> <br />Records on FMLA leave will be kept along with normal payroll records except that any medical <br />record will be maintained separately in the employee's medical record file. <br />L. Affect on Pension <br />FMLA leave counts as continued service for purposes of retirement or pension plans. <br />M. Reinstatement <br />Employees returning from FMLA leave will return to their same position or an equivalent position <br />upon return from FMLA leave (employees returning from FMLA leave due to a child with a serious <br />health condition will be returned to the same position). <br />An employee’s reinstatement rights are the same as they would have been had the employee <br />not been on leave. Thus, if an employee’s position would have been eliminated or an employee <br />would have been terminated but for the leave, the employee would not have the right to be <br />reinstated upon return from leave. <br />N. Notice of Intent to Return from Leave <br />The City requires an employee on leave to report periodically on the employee’s status and <br />intent to return to work. <br />O. Additional Leave <br />Employees who cannot return from an approved FMLA leave may request an extension (up to <br />the maximum of 12 weeks allowed under FMLA). If the 12 extended FMLA weeks have already <br />been used, the employee can request to go on a regular unpaid leave of absence subject to <br />approval. <br />If the unpaid leave of absence is not approved or the employee fails to request additional leave, <br />the employee will be considered to have voluntarily resigned. If circumstances beyond the <br />employee’s control prevented the employee from requesting additional leave, a retroactive <br />leave request may be allowed. <br />P. Reasonable Work Time for Nursing Mothers <br />Nursing mothers and lactating employees will be provided reasonable paid break times (which <br />may run concurrently with already provided break times) to express milk. <br />The city will provide a clean, private and secure room (other than a bathroom) as close as <br />possible to the employee’s work area, that is shielded from view and free from intrusion from <br />coworkers and the public and includes access to an electrical outlet, where the nursing mother <br />can express milk in private. <br />An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or <br />discriminate against an employee for asserting nursing rights or remedies. <br />Q. Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy <br />The city will attempt to provide a female employee who requests reasonable accommodation <br />with the following for her health conditions related to her pregnancy or childbirth without <br />advice of a licensed health care provider or certified doula: <br />73