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Page 32 <br /> <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 <br />more than five days that also involves continuing treatment by a health care provider <br />(also 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 <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 <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 />E. Intermittent/Reduced Schedule Leave <br />Leave requested because of a serious health condition of either a family member or the <br />employee may be taken intermittently or on a reduced schedule if such leave is deemed to be <br />medically necessary. Intermittent leave or a reduced schedule is not permitted for the birth, <br />placement, or adoption of a child. <br />F. Use of Accrued Sick Leave/ESST, Vacation, and PTO/ESST <br />During leave, employees are required to use accrued Vacation, PTO/ESST or Sick Leave/ESST <br />prior to taking unpaid leave unless their medical condition/injury is covered by worker’s <br />compensation. Employees are not required to substitute compensatory time for unpaid leave. <br />When Vacation, Sick/ESST or PTO/ESST leave have been exhausted, any remaining time will be <br />unpaid. Unpaid hours will not count towards seniority. <br /> <br />Page 93 of 166