05/07/2012 Council Packet - Laserfiche WebLink

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practices and is licensed in a country other than the United States. [Refer to 29 C.F.R. 825.118 for a complete list.] I. Recertification Recertification will be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Recertification may also be required if there is a question as to the validity of the certification if the employee is unable to return to work due to the serious health condition. J. Fitness for Duty Certification The City requires a medical certificate attesting to the employee's fitness for duty prior to the employee's return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). The City will deny reinstatement until a fitness for duty certificate is provided. K. Record Retention Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately in the employee's medical record file. L. Affect on Pension FMLA leave counts as continued service for purposes of retirement or pension plans. M. Reinstatement Employees returning from FMLA leave will return to their same position or an equivalent position upon return from FMLA leave (employees returning from FMLA leave due to a child with a serious health condition will be returned to the same position). 6.13 Parental Leave An employee who works 20 or more hours per week and has been employed more than 12 months is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin not more than six weeks after the birth or adoption of the child. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. If the employee has any FMLA leave eligibility remaining at the time this leave commences, this leave will also count towards FMLA leave. The two leaves will run concurrently until the 12 -week FMLA eligibility is exhausted. Employees may use accrued sick leave for either FMLA leave or Parental Leave. However, use of accrued sick leave is not required for the portion of leave counted as parental leave. 23