10-27-25 - City Council Agenda - Laserfiche WebLink

Home Search

Page 34 An employee’s reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee’s position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. N. Notice of Intent to Return from Leave The City requires an employee on leave to report periodically on the employee’s status and intent to return to work. O. Additional Leave Employees who cannot return from an approved FMLA leave may request an extension (up to the maximum of 12 weeks allowed under FMLA). If the 12 extended FMLA weeks have already been used, the employee can request to go on a regular unpaid leave of absence subject to approval. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee’s control prevented the employee from requesting additional leave, a retroactive leave request may be allowed. P. Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable paid break times (which may run concurrently with already provided break times) to express milk. The city will provide a clean, private and secure room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting nursing rights or remedies. Q. Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula: • More frequent or longer restroom, food, and water breaks • Seating • Limits on lifting over 20 pounds Additionally, an employer must provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with Page 95 of 166