09-15-1997 WS - Laserfiche WebLink

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this policy will be reinstated to the position the employee held when the leave commenced or to • an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. If the employee on a Family and Medical Leave of Absence is a salaried employee who is within the highest paid 10% of City employees and keeping the job open for the employee would result in substantial economic injury to the City, reinstatement may be denied in accordance with the Family and Medical Leave Act. If during the Family and Medical Leave of absence, the City experiences a layoff and the employee would have lost his/her position had the employee not been on leave, the employee is not entitled to reinstatement in the former or comparable position An employee returning from a Family and Medical Leave of Absence of more than one month should notify his/her immediate Supervisor at least two weeks in advance of returning to work. Upon approval of the employee's immediate Supervisor, an employee may return to part-time work at any time during the leave period. An employee shall commence normal working hours when the leave period has ended. SECTION 2: MEDICAL LEAVES OF ABSENCE An unpaid Medical Leave of Absence will be provided in accordance with the Family and Medical Leave Act to any employee who has a serious health condition that makes the employee unable to perform the functions of his/her job. A "serious health condition" is defined as any illness, injury, impairment, or physical or mental health condition that requires: • • Inpatient care in a hospital, hospice, or residential medical care facility or • Any period of incapacity due to pregnancy or prenatal care; or • Any period of incapacity requiring absence from work, school, or other regular activities, or more than three calendar days, that also involves continuing treatment by , or under the Supervisor of, a health care provider; or • Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated would likely result in a period of incapacity of more than three calendar days. Medical Certification Prior to granting a Medical Leave of Absence, the City will require sufficient certification from the employee's health care provider. The certification must include a statement regarding the nature of the serious health condition, the employee's inability to perform the functions of his/her position, and such other factors as the City deems appropriate. Certification must be provided, when possible, in advance or at the start of the leave. If the City has reason to doubt the validity of the certification, it will require the employee to obtain a second opinion from the health care provider approved or designated by the City. In the case of conflicting opinions, the City may require a third opinion. The health care provider giving the third opinion shall be jointly approved or designated by the City and the employee. The third health care provider's opinion is final and binding. Second and third medical opinions are at the City's expense. Notice When a Medical Leave of Absence is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to disrupt City operations and must give the City at least thirty days' notice before the leave is to begin, or, in