06/22/2009 Council Packet - Laserfiche WebLink

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21A-4 Certification Requirements Military Caregiver Leave: The employee must submit the required certification forms to include medical certification to support a request for leave to care for a covered servicemember with a serious injury or illness. Qualifying Exigency Leave: The employee must submit a copy of the covered military member's active duty orders and certification providing the appropriate facts related to the particular exigency for which leave is sought, including contact information if the leave involves meeting with a third party. The required information and certification forms for either type of leave request must be provided to the Human Resources Department within 15 days from the date the leave is requested, or as soon as reasonably practicable. (The required certification forms are available in the Human Resources Department). Intermittent Leave FMLA leave may be taken intermittently whenever medically necessary to care for a covered servicemember with a serious injury or illness. However, when leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operation. FMLA leave also may be taken intermittently for a qualifying exigency arising out of the active duty status or call to active duty of a covered military member. All requests for intermittent leave will be evaluated by the Department Director and Human Resources Director on a case by case basis. The City may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates the intermittent leave schedule than the regular position. Job Protection An employee retuming from FMLA leave will be reinstated in his/her former position or a position equivalent in pay, benefits and other terms and conditions of employment. The employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if the employee's position would have been eliminated or the employee would have been dismissed but for the leave, the employee would not have the right to be reinstated upon retum from leave. An exception to the Job Protection provisions of this policy may be made if the employee on leave is a salaried employee and is among the highest paid 10% of the City's employees, and restoring employment of the employee would result in • • •