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60 <br />recurring periods of absences or part-time schedules, provided the position has <br />equivalent pay and benefits. <br /> <br />G. Return to Work <br /> <br />As a general rule, an employee that is granted FMLA leave under this policy will be <br />reinstated to the position the employee held when the leave commenced or to an <br />equivalent position with equivalent pay, benefits, and other terms and conditions of <br />employment. <br /> <br />If the employee on FMLA leave is a salaried employee who is within the highest paid 10% <br />of City employees and keeping the job open for the employee would result in substantial <br />economic injury to the City, reinstatement may be denied in accordance with the FMLA. <br /> <br />If during the FMLA leave, the City experiences a layoff and the employee would have lost <br />his/her position had the employee not been on leave, the employee is not entitled to <br />reinstatement in the former or comparable position. <br /> <br />An employee returning from an FMLA leave of more than one (1) month should notify <br />his/her immediate Supervisor at least two (2) weeks in advance of returning to work. <br />Upon approval of the employee's immediate Supervisor, an employee may return to part- <br />time work at any time during the Leave period. An employee shall commence normal <br />working hours when the Leave period has ended. <br /> <br />H. Basis for Leave <br /> <br />MEDICAL LEAVE OF ABSENCE <br /> <br />An unpaid medical leave of absence will be provided in accordance with the FMLA <br />to any employee who has a serious health condition that makes the employee <br />unable to perform the functions of his/her job. A "serious health condition" is <br />defined as any illness, injury, impairment, or physical or mental health condition <br />that requires: <br /> - Inpatient care in a hospital, hospice, or residential medical care facility or <br />- Any period of incapacity due to pregnancy or prenatal care; or <br />- Any period of incapacity requiring absence from work, school, or other regular <br />activities, or more than three (3) calendar days, that also involves continuing <br />treatment by, or under the supervision of, a health care provider; or <br />- Continuing treatment by, or under the supervision of, a health care provider for <br />a chronic or long-term health condition that is incurable or so serious that, if not <br />treated would likely result in a period of incapacity of more than three (3) <br />calendar days. <br /> <br />Medical Certification <br />Before granting a medical leave of absence, the City will require sufficient <br />certification from the employee's health care provider. The certification must