HomeMy WebLinkAbout4.g. Family and Medical Leave Act Policy ,, � ' CITY OF ROSEMOIINT
EBECIITIVE SIIMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 5, 1994
AGENDA ITEM: FAMILY AND MEDICAL LEAVE ACT AGENDA SECTION: CONSENT
POLICY
PREPARED BY: SUSAN WALSH AGENDA ��� �
ADMINISTRATIVE ASSISTANT
ATTACHMENTB: MEMORANDUM, POLICY APPROVED BY:
Attached for Council's consideration and approval is a Family and Medical
Leave Policy for city employees. The policy has been written because of
the 1993 federal Family and Medical Leave Act which generally requires
employers with 50 or more employees to provide at least 12 weeks of unpaid
parenting and family care leave to eligible employees.
I have written this policy in accordance with the federal law. By adopting
this policy, the Council is allowing employees to take unpaid leave or paid
leave by using vacation, sick leave or compensatory time for a period of
time up to 12 weeks. The federal law also requires employers to pay for
its share of cost for health, dental or life insurance if the employee
chooses to continue insurance while on family/medical leave. The employee
would be responsible for paying his/her portion of the premium.
I have summarized in the attached memorandum the basic elements of the
policy.
This is to advise you that I am working on a personnel policy handbook
which would include this policy. This policy is being brought to you at
this time because federal law mandates that employers have family/medical
leave policies in effect, and the city has employees who will be going on
family/medical leave in the near future. It my goal to have a draft
personnel policy completed for Council review in approximately three
months.
RECOMMENDED ACTION: MOTION TO APPROVE FAMILY AND MEDICAL LEAVE ACT
POLICY, POLICY NO. PE-4.
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CITY OF RO�SE�MOU NT � � � zs�s-`;TMt"�eetWest �
P.O.Box 510
Everything's Coming Up Rosemount!! Rosemounc,MN
55068-0510
Phone:612-423-4411
Fax;612-423•5203
M E M O R A N D U M
TO: Mayor McMenomy
Councilmembers Anderson, Wippermann, Staat , Busho
� �"�'�
FROM: Susan Walsh, Administrative Assistant ��
�
DATE: March 31, 1994
SUBJ: Family and Medical Leave Act (FMLA) Policy
In summary the federal law and the proposed �ity policy provides
the following:
(1) Employees who worked for the city for 12 months and at least
1,250 hours are eligible for up to 12 weeks per 12 month
period for parental care, care of family members who has a
serious health condition or for an employee who has a
serious health condition.
(2) Employee must provide a 30 day notice unless it is an
emergency situation.
(3) Employee must provide medical certification of a serious
health condition.
(4) Leave may be taken intermittently .
(5) Employee will be reinstated to his/her position or a
position equivalent in pay and benefits.
(6) If employee elects unpaid leave, the city will pay its share
of cost for health, dental and life insurance if the
employee wants to pay for his/her share.
(7) Employees may elect to use accumulated vacation or sick
leave. If the employee has accumulated comp time, the comp
time must be used before unpaid leave is granted.
(8) Family/Medical Leave will run concurrently with parental
leave which is regulated by state law. For example, if an
employee takes family/medical leave for 12 weeks, the six
weeks of parental l�ave runs concurrently.
Please feel free to contact me if you have any questions
regarding this policy.
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CITY OF ROSEMOUNT
POLICY TITLB: FAMILY AND MEDICAL LEAVE ACT POLICY
POLICY NtTMBER: PE-4
PROPOSED BY: ADMINISTRATION
DATE APPROVED
BY COUNCIL:
PURPOSE I
In accordance with the Family and Medical Leave Act (FMLA) unpaid
job protected leave will be granted to all eligible employees
(male and female) for up to twelve (12) weeks per twelve (12)
month period for any of the following reasons:
A. Birth, adoption or foster care placement of a child;
B: To care for a spouse, child or parent who has a serious
health condition; or
C. For a serious health condition that makes the employee unable
to perform the functions of the position.
ELIGIBILZTY
An eligible employee is one who has worked for the City of
Rosemount for a period of twelve months and worked at least 1,250
hours for the City during the twelve (12) month period prior to
reguesting the leave.
LENGTH OF LEAVE
The length of FMLA leave is not to exceed twelve (12) weeks in
any twelve (12) month period. The entitlement to FMLA leave for
the birth or placement of a child expires twelve (12) months
after the birth or placement of the child.
LEAVE YEAR
The leave year will commence the first day the employee is absent
from work on FMLA leave.
NOTICE
Exce t in an eme
p rgency, the employee is required to provide
written notice of not less than thirty (30) days before the l$ave
is to begin. If the leave is to begin in less than thirty (30)
days, the employee shall provide such written notice as soon as
practical.
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MEDICAL CERTIFICATION
The employee must submit medical certification to support a
request for leave because of a serious health condition of a
child, spouse, parent or the employee. A "Certification of ,
Physician or Practitioner" form can be obtained from the
Administrative Assistant. It is to be completed by the attending
physician or practitioner and submitted to the Administrative
Assistant within fifteen (15) days after requested, or as soon as
is reasonably practicable.
The City may require a second or third opinion at the City's
expense.
The City may require periodic reports on the employee's status
and intent to return to work. The employee will be required to
submit a fitness for duty report prior to returning to work if
the leave was for the employee's own serious health condition.
SERIOII3 HEALTH CONDITION �
A serious health condition is an illness or injury that involves:
A. An overnight stay in a hospital, hospice or residential
medical care facility;
B. Any period of incapacity that involves continuing treatment
or supervision by a health care provider and that requires
absence from work, school, or other regular daily activities
for more than three (3) days;
C. Continuing treatment or supervision by 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 (3) days; or
D. Prenatal care.
INTERMITTENT I,EAVE
Leave requested because of a serious health condition of either a
family member or the employee or for parenting leave may be taken
intermittently or on a reduced schedule if such leave is deemed
to be medically necessary.
The employer may require the employee to transfer temporarily to
an alternative position, with equivalent pay and benefits that
better accommodates the intermittent leave than the regular
position.
All requests for intermittent leave will be evaluated on a case
by case basis.
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JOB PROTECTION
A. An employee returning from FMLA leave will be reinstated in
• his/her former position or a position equivalent in pay,
benefits and other terms and conditions of employment.
B. The employee's reinstatement rights are the same as they
would have been had the employee not been on leave. Thus, if
the employee's position would have been terminated had the
employee not been on leave, the employee is not entitled to
reinstatement in a former or comparable position. In such
circumstances, the employee retains all rights under the
layoff and recall system under a collective bargaining i
agreement, as if the employee had not taken the FMLA leave. �'�
CONTINIIATION OF INSURANCE AND PAYMENT OF PREMIIIMS
A. An employee granted a leave under this policy will continue
to be covered under the City's group health, dental and life
insurance plans under the same conditions and at the same
level of City contribution as would have been provided if the
employee has been continuously employed during the leave
period. If there are changes in the Gity's contribution
levels while the employee is on leave, those changes will
take place as if the employee was still on the job.
B. The employee will be required to continue payment of the
employee portion of the group health, dental and life
insurance coverages. The employee will be advised in writing
at the beginning of the leave period as to the amount and
� method of payment.
C. If an employee's contribution is more than thirty (30) days
late, the City may terminate the employee's insurance
coverage (subject to COBRA requirements) .
D. If the City pays the employee contribution(s) missed by the
employee while on leave, the employee will be required to
reimburse the City for delinquent payments, on a payroll
deduction schedule, no later than ninety (90) days after
return from leave. The em
ployee will be required to sign a
written statement at the beginning of the leave period
authori2ing the payroll deduction for delinquent payments.
E. If the employee fails to return to work after the
family/medical leave, the City may recover the premiums paid
by the City for group health, dental and life benefits unless
the serious health condition of the child, spouse, parent or
employee continues or for other circumstances beyond the
control of the employee.
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IISE OF ACCRUED SICR LEADE, VACATION AND COMPEN3ATORY
TIME DIIRING FAMILY AND MEDICAL LEAVE
A. During the family and medical leave, employees must use .
accumulated compensatory time prior to taking an unpaid leave
(except where the leave also qualifies for parental leave) .
B. Employees may choose to use accrued vacation or sick leave
while on family/medical leave.
C. Benefits such as sick leave or vacation will not accrue
during the period of unpaid family/medical leave; however,
any benefits accrued prior to commencement of such leave will
not be lost.
PARENTAL LEAVE IN CONJiJNCTION RITH
FAMILY AND MEDICAL LEAVE
Pursuant to Minnesota law, employees who work twenty (20} or more
hours per week and have been employed more than twelve (12)
manths are entitled to take an unpaid leave of absence in
connection with the birth or adoption of a child. The leave may
not exceed six (6) weeks and must begin not more than six (6)
weeks after the birth or adoption of the child.
The employee is entitled to return to work in the same position
and at the same rate of pay the employee was receiving prior to �
commencement of the leave.
If the employee has any FMLA leave eligibility remaining at the
time this leave commences, this leave will also count toward FMLA
leave. The two leaves will run concurrently until the twelve
week FMLA elegibility is exhausted. An employee who uses accured
vacation, sick or compensatory time for FMLA leave is not
required to use this time for any portion of the leave counted as
parental leave.
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