Agenda Packets - 1999/12/06 - Laserfiche WebLink

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6) SECTION 1.43—SERVICE TIME: a) This policy provides that "[o]ther absences, including but not limited to FMLA, Parental Leave, or other unpaid leaves, will not affect employment dates but may affect step adjustments." Care must be taken in enforcing this policy, because the Family and Medical Leave Act (FMLA) requires that employees returning from FMLA leave be returned to the same or an equivalent position. Employees are also entitled to any unconditional pay increases they would have received had they not been absent on FMLA leave. 7) SECTION 1.55—USE OF CITY PROPERTY: a) Subparagraph I.3, addressing motor vehicle records, contains a statement of disciplinary action that will be taken if an employee is unable to perform his or her job functions because of the revocation of his or her driver's license. The disciplinary steps do not conform to the discipline policy set out at Section 1.05. Therefore, I recommend removing subparagraph 1.3's statement of disciplinary action. 8) SECTION 2.01 —ALTERNATE DUTY: a) This policy must be carefully examined to ensure it does not contravene the requirements of the Americans with Disabilities Act(ADA). 9) SECTION 2.05—FAMILY AND MEDICAL LEAVE: a) The subparagraph entitled "Use of Vacation, Sick Leave and Holiday Pay" should be examined and rewritten to clarify what is intended. This subparagraph appears to state that employees may not use their accrued sick leave in conjunction with FMLA leave if they do not meet the qualifications for use of sick leave under the City's sick leave policy. Such a requirement is not permissible. Under the FMLA, employers may require employees to use their sick leave in conjunction with FMLA leave or employees may choose to do so. However, an employee's right to use his or her accrued sick leave in conjunction with FMLA leave may not be limited by other sick leave requirements. b) The subparagraph entitled "Medical Certification" contains a provision that the City may request medical information and"such other factors as the City deems appropriate." This provision must be enforced with caution. The City may only ask for medical information about the serious health condition for which the employee is taking FMLA leave. 10)SECTION 2.10—MISCELLANEOUS PAID/UNPAID LEAVES: a) Subparagraph A, entitled "Blood Donation" should state whether such leave is paid or unpaid. There is no legal requirement either way. Note that this policy, unlike the policy for paid leave for the purposes of donating bone marrow (see subparagraph B), is not required. CARLSK-172664v1 3 MU210-18