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APPENDIX D <br />FAMILY AND MEDICAL LEAVE <br /> <br /> <br />ELIGIBILITY <br />To qualify to take Family and Medical Leave Act (“FMLA”) leave under this policy, an employee <br />must meet all the following conditions: <br />• Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is to <br />commence. The 12 months or 52 weeks need not have been consecutive; however, the <br />City will not consider any service seven years prior to the employee’s most recent hire <br />date. <br />• Have worked at least 1,250 hours during the 12-month period prior to the date when <br />the leave is requested to commence. The principles established under the Fair Labor <br />Standards Act (“FLSA”) determine the number of hours worked by an employee. The <br />1250 hours include only on-the-clock hours worked and do not include leave, PTO, or <br />vacation hours. <br /> <br />Types of Leaves 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 <br />for adoption 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 <br />essential functions of the position; <br />• A covered military member’s active duty or call to duty or to care for a covered military <br />member (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 <br />also includes acquiring care and sharing care duties. An eligible “child,” with some <br />exceptions, is under 18 years of age. <br />• An eligible “parent” includes a biological parent or a person who stood in the place of a <br />parent. <br />• “Serious Health Condition” means an illness, injury, impairment, or physical or mental <br />condition that involves one of the following: <br />o Hospital Care: Any period of incapacity or treatment connected with inpatient care <br />(i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; <br />o Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or <br />childbirth; <br />o Absence Plus Treatment: A period of incapacity of more than three consecutive <br />calendar days that also involves continuing treatment by or under the supervision of <br />a health care provider.