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HomeMy WebLinkAboutResolution 7563RESOLUTION NO. 7563 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING SECTION 2.05 OF THE PERSONNEL MANUAL IN REGARD TO THE FAMILY MEDCIAL LEAVE ACT (FMLA), BY ADDING A PROVISION ON MILITARY FAMILY LEAVE AND MILITARY CAREGIVER LEAVE WHEREAS, on October 28, 2009, President Obama signed the 2010 National Defense Authorization Act (NDAA), which expands coverage for military exigency leave and military caregiver leave under the Family and Medical Leave Act (FMLA); and WHEREAS, NDAA provides exigency leave coverage to family members of those in the Armed Forces during deployment to a foreign country; and WHEREAS, in accordance with 29 CFR § 825.126 of the Federal Code, eligible employees may take FMLA leave for a qualifying exigency involving the employee's spouse, son, daughter, or parent of an active military service member or is notified of an impending call or order to active duty (Military Family Leave); and WHEREAS, in accordance with 29 CFR § 825.127 of the Federal Code, eligible employees may also take FMLA leave to care for a spouse, son, daughter, parent, or next of kin who is ill or injured in the line of duty during active duty (Military Caregiver Leave);and WHEREAS, Section 2.05 of the Personnel Manual is required to be revised to comply with the new Federal Regulations under the Federal Medical Leave Act (FMLA). NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council revises Section 2.05 of the Personnel Manual as shown as Exhibit A as attached hereto. Adopted this 11th day of January, 2010. oe a e , ayor ATTEST: ~J ~ Jim Ericson, Clerk-Administrator (SEAL) EXHIBIT A POLICY: FAMILY AND MEDICAL LEAVE SECTION: 2.05 A. Medical Leave B. Family Care Leave C. Parental Leave D. Military Famil Ly eave E. Military Careqiver Leave The Family Medical Leave Act (FMLA) is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended to benefit employees as well as employers by providing up to finrelve weeks of unpaid, job protected leave for the birth of a child, adoption, foster care and certain family and medical reasons. Family and Medical Leave include the following types of leave of absences: A. MEDICAL LEAVE. Leave of absences for personal illness. B. FAMILY CARE LEAVE. Leave of absences for the illness of a family member. C. PARENTAL LEAVE. Leave of absence related to the birth of a child, adoption of a child or placement of a child with the employee for foster care. If an employee qualifies for FMLA Leave and Parental leave, these leaves occur simultaneously. D. MILITARY FAMILY LEAVE: Leave of absence arising out of the fact that a spouse, son, daughter, or parent of an employee is on active dutv, or has been notified of an impending call or order to active duty, in the Armed Forces in support of a contingency operation. Eliqible employees must meet "qualifyinq exiqency" requirements, as defined in Part D of this Section. E. MILITARY CAREGIVER LEAVE: Leave of absence arising out of the fact that a s~ouse, son, daughter, parent, or next of kin is ill or injured in the line of dutv during active duty, An eliqible employee who is the spouse, son, dauahter, parent, or next of kin (closest blood relative) of a covered military service member who is recoverinq from a serious illness or injury sustained in the line of duty while on active duty, is entitled Military Careqiver Leave to care for the military service member, as defined in Part E of this Section. The fundamentals of the City's policy regarding these various types of unpaid leaves in accordance with the Federal Family and Medical Leave Act are set forth below. Certain circumstances may require special interpretation of the policy or involve application of laws other than the Federal Family and Medical Leave Act. As it is impossible to anticipate every circumstance which might arise under the policy, employees are encouraged to contact the Human Resource Representative if they believe that the policy description below is applicable in whole or in part to their specific circumstance. ELIGIBILITY Unless otherwise required by law or indicated below, the combined total of available leave under this policy is 12 weeks in any 12-month period measured backwards from the date an employee initially uses the Family or Medical Leave. Parentaf leave however, may be up allowed up to a maximum of 6 months at the discretion of the City Clerk-Administrator. EXHIBIT A An employee is eligible for Family and Medical Leave if they: • Have been employed by the City of Mounds View for at least 12 months, which need not be 12 consecutive months; and • Have worked a minimum of 1,250 hours within the previous 12-month period. Hours of service are defined as the number of hours actually worked and do not include other paid or unpaid leave taken by the employee during the previous 12- month period. • Parental leave may be available for employees who work less than 1,250 hours pursuant to the Minnesota Parenting Leave Act, which provides for six (6) weeks of unpaid leave for the birth or adoption of a child. Insurance Continuation Except where otherwise provided below, the City will continue to make group health insurance available to an eligible employee during an approved Family and Medical Leave of Absence. This means the City will continue to pay its portion of the applicable premiums for the employee and his/her dependents during the time of leave. The employee is still responsible to continue payment of the employee's portion of the health, life and/or dental premiums. For leaves without compensation for 30 days or less, the City will continue to pay its normal premium contribution or as the policy allows. If a Family and Medical Leave Absence extend beyond the approved period, the employee becomes responsible for the full amount of the group health insurance premiums with no co-payment from the City. In the event an employee elects not to return to work upon completion of an approved Family and Medical Leave of Absence, the City may recover from the employee the cost of any payments made to maintain the employee's insurance coverage, unless failure to return to work was for reasons beyond the employee's control. If an employee is laid off during the Family and Medical Leave Absence and employment is terminated, the City's responsibility to maintain group health insurance ceases at the time of the layoff. Status of Benefits Unpaid Leave/Combination of Unpaid and Paid The employee will not accrue benefits such as vacation leave, sick leave or holiday pay while on Unpaid Family and Medical Leave of Absence. Employees using a combination of paid and unpaid leave, or intermittent unpaid leave, will accrue benefits on a pro-rated basis. Step adjustments will be extended by the length of the unpaid leave. Employees on intermittent leave will be evaluated on a case-by-case basis with regard to extending the length of the step increases. Paid Leave Employees using Paid feave will continue to accrue benefits. Step adjustment will occur at the regularly scheduled time. EXHIBIT A Paid and Unpaid Leave does not constitute a break in service for purposes of eligibility for pension and retirement benefits. Use of Vacation, Sick Leave and Holiday Pay The City may require an employee to use accrued paid vacation leave or sick leave in conjunction with any part of the employee's Family or Medical Leave. If the City does not require the employee to use accrued vacation or sick leave in conjunction with his or her Family or Medical Leave, the employee may choose to do so. If accrued vacation or sick leave is exhausted prior to the end of the Family or Medical Leave, the remainder of the Leave may be taken without pay. The use of accrued vacation and/or sick leave used in conjunction with Family or Medical Leave does not extend the length of the Family or Medical Leave. Intermittent Leave When medically necessary, a Medical Leave of Absence may be taken intermittently or as part of a reduced work schedule. In such cases, the City may require the employee to temporarily transfer to an available alternative position which better accommodates recurring periods of absences or part-time schedules, provided the position has equivalent pay and benefits. Return to Work As a general rule, an employee that is granted a Family and Medical Leave of Absence under 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 finro 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. A. MEDICAL LEAVE 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 ~ EXHIBIT A 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 supervision 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 the case where such notice is not possibie, the employee should give as much notice as practicable. The City may require periodic reporting from the employee as to his/her status and intention to return to work. The City may also require periodic medical recertification on a reasonable basis. As a condition of reinstatement, the City will require a certification from the employee's health care provider that the employee is able to resume work. B. FAMILY CARE LEAVE The City understands the need for employees to maintain the health and security of their families and will comply with the Family and Medical Leave Act. The City will grant an eligible employee an unpaid leave so the employee may care for a spouse, child, or parent who has a serious health condition or is unable to care for his/her own hygienic or nutritional needs or safety due to medical impairment. The term "serious health condition" is defined above. "Child" includes a biological, adopted or foster child, a step child, legal ward or a child for whom the employee stands in loco parentis, who is under 18 years of age, or 18 years of age or older and incapable of self care because of a mental or physical disability. "Spouse" is the legally recognized marital partner of the employee. "Parent" EXHIBIT A means the biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child; the term does not include in- laws. Medical Certificate The City will require medical certification to support a claim for leave to care for a seriously ill child, spouse, or parent. The certification must include an estimate of the amount of time the employee is needed to provide care. Notice When the need for a Family Care Leave is foreseeable based on planned medical treatment, the employee must give the City at least 30 days' notice before the date the Family Care Leave is to begin. When the need for Family Care Leave is unforeseeable, the employee must provide notice as soon as practicable. C. PARENTAL LEAVE Eligible employees will be provided an unpaid leave of absence of up to 12 work weeks for the birth or adoption of a child (including any necessary court appearance), or for the placement of a child in foster care, in accordance with the Family and Medical Leave Act of 1993. The Parental Leave may begin at a time designated by the employee and must start within 12 months from the date of the birth, adoption or placement of the child. Employees who have used other forms of Family and Medical Leave during the preceding 12 months period are still eligible for six weeks of Parental Leave, although leave in excess of the 12 weeks is subject to the limitations imposed by the Minnesota Parenting Leave Act, including discontinuation of payments by the City for insurance premiums and limitations on the timing of the leave. Upon written request, the City Clerk-Administrator may authorize leave in excess of 12 work weeks up to a maximum period of six months. Employees who have been employed for the previous 12 months and have worked more than 1,040 hours but less than 1,250 hours required under the Federal Family and Medical Leave Act are eligible for six weeks of unpaid leave under the Minnesota Parenting Leave Act. Parental Leave under the Minnesota Parenting Leave Act must begin within six weeks of the birth, adoption, or placement of the child in foster care, unless the child is hospitalized at birth. Employees are responsible for all insurance premiums during such leave. Parental Leave may not be extended by use of other forms of paid leave. Return to work is administered in the same way as with other Family and Medical Leaves. Notice When the need for a Parental Leave is foreseeable, such as the expected birth, adoption or placement of a child, the employee must provide the City with at least 30 days' notice. If the exact date of the birth, adoption or placement is unforeseeable, the employee must provide notice as soon as practicable. EXHIBIT A D. MILITARY FAMILY LEAVE Elgible employees will be provided up to twelve (12) weeks of unpaid leave of absence for "any qualifyinq exiqency" arisinq out of the fact that an emplovee's spouse, son, daughter or parent is on active duty or have been notified of an impending call to active duty status in the National Guard or Reserve in support of a contingency operation. The period for talking Military Family Leave shall be measured forward from the first date an emploYee takes leave and shall expire twelve (12) months thereafter. A"qualifyinq exiqency" includes the followinq categories: a. Short-notice deployment (leave taken for this purpose can be used for a period of 7 calendar davs beqinnin~on the date a covered military member is notified of an impendinq call or order to active dut : b. Militarv events and related activities (includinq famil~_ sup op rt or assistance proqrams and informal briefinqs); c. Childcare and school activities ~e.a. to arranqe for alternative childcare, provide childcare on an urqent, immediate need basis or to attend meetings at a school or daycare facilitv) d. Financial or legal arrancLements (e.q., to prepare and execute powers of attorne~ enroll for military health care or to prepare a will or living trust): e. Rest and recuperation (e.q., to spend time with a covered military member who is on short term, temporaryl rest and recuperation leave during the period of deployment. Eligible employees mav take up to 5 days of leave per instance). f. Post-deplovment activities (e.g., to attend ceremonies and briefings, or to address issues arisinq from the militarv member's death. E. MILITARY CAREGIVER LEAVE An eliaible emplovee who is the spouse, son, dauqhter, parent, or next of kin (closest blood relative) of a covered military service member who is recoverinq from a serious illness or injury sustained in the line of duty while on active dutv, is entitled up to twenty-six (26) weeks of unpaid leave in a sinqle twe{ve (12 month period to care for the militarv service member. A covered military service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. The military service member must be medicallv unfit to perform his or her duties for which the military service member is under~oinq medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disabilitv retired list. The 12-month period will commence the first day leave is used. An eliqible EXHIBIT A emplo rLee may be entitled to take more than one period of 26 work weeks of leave (in a subsequent 12-month period) if the leave is to care for a different covered military service member or to care for the same military service member with a subsequent serious injury or illness. A medical certification verifyinq the illness/injurv will be required in order for this leave to be used. General Summary• Section 2.05 is intended to be a qeneral summarv of the law. Each situation will be evaluated on a case-by-case basis. When this policv and Federal law conflict, Federal law will prevail.