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HomeMy WebLinkAboutN-231 - FMLA CITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 231 Personnel Policies & Procedures Subject : Family and Medical Leave Act (FMLA) Initial Effective Date : November 22 , 1993 Revised 5/ 1 /06 3/25/09 3/ 17/ 10 Approved GC GC The following Administrative Order is effective March 17 , 2010, and replaces Administrative Order No . 231 dated 3 /25/09 and, supersedes FMLA information in Administrative Order No . 72 , originated November 22 , 1993 and revised May 1 , 2006 . I. PURPOSE . To describe the provisions of the act for eligible employees and the mechanism and criteria of obtaining leave under the act . II. DEPARTMENTS AFFECTED : All , III. POLICY : Recognizing the importance of family and out of concern for the well being of its employees, the City of Pasco ' s family and medical leave program enables employees to take time off, under certain conditions, for health reasons or to care for family members . This administrative order will be administered in accordance with the federal Family and Medical Leave Act (FMLA) and the Washington Family Leave Act (FLA) . A notice entitled "Employee Rights and Responsibilities Under the Family and Medical Leave Act" is posted on City of Pasco employee bulletin boards, is provided to all new employees, is attached as an appendix to this administrative order, and is available in the Human Resources Office. Nothing in this administrative order affects or supersedes any federal or state law or collective bargaining agreement that may provide greater entitlements to family or medical leave than those set forth in this policy. IV. DEFINITIONS , 1 . Eligibility. To be eligible for leave under this family and medical leave policy, an employee must have been employed by the City of Pasco for at least 12 months and must have worked at least 1 ,250 hours in the preceding 12 months . 2 . Leave Entitlement. An eligible employee may request up to 12 workweeks of FMLA leave per "leave year" for one or more of the following reasons : ■ To care for the employee ' s child upon birth, or to care for a child upon the child ' s placement with the employee for adoption or foster care; ■ To care for a spouse, son, daughter or parent who has a serious health condition; I ■ To care for self, if the employee has a serious health condition that makes the employee unable to perform the essential functions of the position (including incapacity due to pregnancy, prenatal medical care or childbirth) ; or ■ For a "qualifying exigency" arising out of the fact that the employee ' s spouse, son, daughter, or parent is a covered military member, military member who is on active duty, or has been notified of an impending call to active duty in support of a contingency operation . I o Covered military members are members of the Armed Forces, the National Guard or Reserves, and certain retired military service personnel, who have been called to active duty or notified of an impending call to active duty. o Qualifying exigencies are generally activities related to the active duty or call to duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangement, attending certain counseling sessions and attending post-deployment reintegration briefings. 3 . Leave Year. The rolling twelve-month period measured backward from the date an employee uses any FMLA leave. (Applies to care of self, care of family member, birth/adoption of child, qualifying exigency leave. ) 4 . Serious Health Condition. An illness, injury, impairment or physical or mental condition that involves : ■ Any period of incapacity or treatment connected with inpatient care (i . e. , overnight stay) in a hospital, hospice or residential medical care facility; ■ A period of incapacity of more than three consecutive, full calendar days from work that also involves continuing treatment by (or under the supervision of) a health care provider; ■ A period of incapacity due to pregnancy or for prenatal care; ■ A period of incapacity or treatment due to a chronic serious health condition, for a permanent or long-term condition for which treatment may not be effective, or for multiple treatments for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e. g. , chemotherapy for cancer or dialysis for kidney disease) . Administrative Order No . 231 .0 : Family and Medical Leave Act (FMLA) Page 2 5 . Intermittent Leave. In certain circumstances eligible employees may take FMLA intermittently or by reducing their work schedule. Intermittent FMLA is allowed for the employee ' s own serious health condition, to care for an eligible family member, or because of a qualifying exigency. Intermittent FMLA for the birth, adoption or foster placement of a child may only be taken with the express permission of the City Manager. ■ Where intermittent leave is needed for planned medical treatment, an employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the City ' s operations . ■ Where an employee needs intermittent leave based upon planned medical treatment, the City may transfer the employee to an alternative position with equivalent pay and benefits that can better accommodate such recurring leave. 6 . Immediate Family: Employee ' s spouse, child, parent. FMLA does not apply to in- laws or grandparents . ■ Parent means the biological parent of an employee or the individual who stood in loco parentis when the employee was the child, whether or not there was a legal relationship between the parent and employee. In other words, the person who took the place of the biological parent for the employee. ■ Child means the biological, adopted or foster child, step-child, legal ward, or a child for whom the employee is standing in loco parentis for. The child must be less than 18 years of age, or if 18 years of age or older is incapable of self-care because of a mental or physical disability. V. USE OF FMLA : 1 . FMLA is an unpaid leave, unless the employee has eligible accrued paid leave. This paid leave is to be used in conformance to the employee ' s regular work schedule. If the employee is eligible to use paid accrued sick leave, the sick leave is to be used first and then the other accrued leaves . (See Administrative Order No . 231 . 5 — Washington Family Care Act.) Leave balances must be used prior to granting an unpaid leave of absence. ■ When taking leave for the birth of a child, the first six weeks (normal delivery) is considered a disability period and use of sick leave is appropriate. For the remaining weeks of FMLA for the purpose of bonding with the newborn , use of vacation leave is applicable. This applies to the father as well as the mother. ■ Spouses employed by the City are jointly entitled to a combined leave of 12 workweeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a parent with a serious health condition. ■ Spouses employed by the City are each eligible for the full 12 weeks of leave in the 12 -month leave period to care for a child or spouse with a serious health condition, or for either employee ' s own serious health condition. Administrative Order No . 231 .0 : Family and Medical Leave Act (FMLA) Page 3 2 . Injured Military Member. An eligible employee may take up to 26 weeks of leave during a single 12 -month period to care for an injured military member who is the employee ' s spouse , parent, child or next of kin who has a serious injury or illness incurred in the line of duty on active duty that may render the military member medically unfit to perform his/her duties for which the military member is undergoing medical treatment, recuperation or therapy; or is in outpatient status ; or is on the temporary disability retired list. ■ Military member: a current member of the Armed Forces, including National Guard or Reserves members and veterans who were service members at any time during the five years preceding the date on which they undergo medical treatment, recuperation or therapy. The law does not apply to dishonorably discharged veterans . ■ For this kind of leave (only) , the 12 -month period begins with the first day the employee takes leave. 3 . The combined total leave for all purposes described in this administrative order may not exceed 26 weeks in the applicable leave year. 4 . Notification and Certification . ■ Requests must be made as soon as practical after the necessity for the leave becomes known to the employee. In cases where a serious health condition is anticipated, the notice shall be provided at least thirty (30) days in advance of the FMLA leave. Where the serious health condition is unanticipated, an oral request, confirmed in writing as soon as practical, usually within one or two days, is required . ■ All requests for leave must be in writing on the form provided and must specify the reason for the medical leave of absence (health condition) , the relationship to the employee of the person needing care, the health condition of the family member necessitating leave, the anticipated length of the leave. ■ Written verification, from the treating physician, is required to substantiate leave taken under this policy and must be provided to the City (Human Resources) within 15 days of the date of the FMLA approval letter. Failure to secure such verification will result in denial of FMLA and, as a consequence, denial of the benefits and protections afforded under FMLA 5 . If the employee ' s serious health condition is the result of an industrial illness/injury, the employee may qualify for workers ' compensation (L&I) time loss benefits. FMLA leave will run concurrently with L&I leave. 6 . There will be no accrual of benefits during the unpaid portion of an FMLA leave. 7 . All eligible FMLA hours taken shall be reported on the payroll time sheet on the applicable FMLA leave line (i . e. , FMLA sick leave, FMLA vacation, FMLA holiday, FMLA comp time, FMLA leave without pay) . Administrative Order No . 231 .0 : Family and Medical Leave Act (FMLA) Page 4 VI . BENEFITS . 1 . The City will continue to provide its portion of health insurance for an employee on FMLA, as long as the employee pays his/her portion of the premium . All premiums are due the first of the month . Premiums not paid by 30 days following the date due will be overdue and insurance will be cancelled, backdated to the first day of that month . No claims will be accepted for months in which the premium is not paid . Premiums will be deducted from pay checks as long as earned leave is available. 2 . The position of an employee on family medical leave shall be considered vacant for the period of the leave and the employee shall not be subject to removal or discharge as a consequence of the leave ( 12 weeks maximum) . 3 . During the leave, the employee will not lose any benefits which accrued before the start of the leave, e. g. , seniority. The employee will not, however, be entitled to accrue such benefits during his/her leave. 4 . Employees on FMLA leave have no more protection from layoff or termination than employees who are not on leave. VII. RETURN TO WORK: 1 . Provided business circumstances have not changed or the position has not been eliminated, the employee, who is fully released to his previous position, will be restored to his/her former job, or an equivalent job, upon termination of the leave, without loss of seniority or other benefit levels during the leave. 2 . If due to a change in circumstances, neither the original position nor an equivalent position is available, the employee shall be reinstated to any other vacant position for which the employee is qualified . 3 . The City may require a fitness-for-duty certification for an employee on leave for his/her own illness/injury from the employee ' s healthcare provider that s/he is able to resume all essential duties of the applicable position. Administrative Order No. 231 .0 : Family and Medical Leave Act (FMLA) Page 5