Laserfiche WebLink
56 12/2024 <br /> <br /> <br />#226 FAMILY MEDICAL LEAVE (FMLA)(FEDERAL) <br /> To qualify to take FMLA leave under this policy, an employee must meet all the following conditions: <br /> <br />• Have worked for the City for 12 months (or 52 weeks) before the date the leave is to commence <br />unless the break was due to National Guard or Reserve military service obligation. The 12 months <br />or 52 weeks need not have been consecutive; however, the City will not consider any service 7 <br />years prior to the employee’s most recent hire date. <br />• Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is <br />requested to commence. The principles established under the Fair Labor Standards Act (“FLSA”) <br />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 for adoption <br />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 essential <br />functions of the position; <br />• A covered military member’s active duty or call to duty or to care for a covered military member <br />(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 includes <br />acquiring care and sharing care duties. An eligible “child,” with some exceptions, is under 18 years <br />of age. <br />Parent – Includes a biological parent or a person who was charged with parental rights, duties, and <br />responsibilities over the employee when the employee was under the age of 18. <br />Serious Health Condition – means an illness, injury, impairment, or physical or mental condition <br />that involves one of the following: <br />• Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., an <br />overnight stay) in a hospital, hospice, or residential medical care facility; <br />• Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or childbirth; <br />• Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days <br />that also involves continuing treatment by or under the supervision of a health care provider. <br />• Chronic Conditions Requiring Treatments: An incapacity from a chronic condition that <br />requires periodic visits for treatment by a health care provider, continues over an extended <br />period of time, and may cause episodic rather than a continuing period of incapacity; <br />• Permanent/Long-Term Conditions Requiring Supervision <br />• Multiple Treatments: Any period of absence to receive multiple treatments (including any <br />period of recovery therefrom) by a health care provider or by a provider of health care services <br />under orders of, or on referral by, a health care provider. <br /> <br />LENGTH AND AMOUNT OF LEAVE <br />The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The leave <br />year is calculated based on a fixed or calendar date basis. <br />The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12) <br />months after the birth or placement of that child. <br /> <br />HOW LEAVE MAY BE TAKEN <br />FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically