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FAMILY MEDICAL LEAVE (FMLA) #226 <br /> <br /> <br />To qualify to take FMLA leave under this policy, an employee must meet all the following conditions: <br />• Have worked for the City for 12 months (or 52 weeks) before the date the leave is to <br />commence unless the break was due to National Guard or Reserve military service obligation. <br />The 12 months or 52 weeks need not have been consecutive; however, the City will not <br />consider any service 7 years prior to the employee’s most recent hire date. <br /> <br />• Have worked at least 1,250 hours during the 12-month period prior to the date when the <br />leave is requested to commence. The principles established under the Fair Labor Standards <br />Act <br />(“FLSA”) determine the number of hours worked by an employee. <br /> <br />TYPES OF LEAVE COVERED BY FMLA <br />Leave will be granted to all eligible employees for any of the following reasons: <br />• The birth of a child, including prenatal care, or placement of a child with the employee <br />for adoption or foster care; <br />• To care for a spouse, child, or parent who has a serious health condition; <br />• Due to a serious health condition that makes the employee unable to perform the <br />essential functions of the position; <br />• A covered military member’s active duty or call to duty or to care for a covered military <br />member (Military Caregiver and Qualified Exigency Leave) (described below). <br /> <br />DEFINITIONS <br />• “Spouse” does not include domestic partners or common-law spouses. <br />• “Caring for” a covered family member includes psychological as well as physical care. It also <br />includes acquiring care and sharing care duties. An eligible “child,” with some exceptions, is <br />under 18 years of age. <br />• An eligible “parent” includes a biological parent or a person who was charged with <br />parental rights, duties, and responsibilities over the employee when the employee <br />was under the age of 18. <br />• “Serious Health Condition” means an illness, injury, impairment, or physical or <br />mental condition that involves one of the following: <br />o Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., <br />an overnight stay) in a hospital, hospice, or residential medical care facility; <br />o Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or child birth; <br />o Absence Plus Treatment: A period of incapacity of more than three consecutive <br />calendar days that also involves continuing treatment by or under the supervision of a <br />health care provider. <br />o Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which <br />requires periodic visits for treatment by a health care provider, continues over an <br />extended period of time, and may cause episodic rather than a continuing period of <br />incapacity; <br />o Permanent/Long-Term Conditions Requiring Supervision