§ 2-30. Benefits and leave.
(a)
Worker's compensation. The city maintains worker's compensation coverage for all employees, which covers the cost of medical care and regular income payments for employees who are injured or become ill in the course and scope of their employment. It is important that any workplace injury/illness, no matter how minor, be reported to the city timely and accurately. Failure to report an injury may affect an employee's eligibility to receive worker's compensation benefits, as well as delay the receipt of benefit payments.
Providers .
Employees who sustain a workplace or job-related injury/illness that requires medical attention must see a doctor within the city's worker's compensation insurance network. The injured employee may choose any doctor within the network. The city may not instruct an employee to see a specific doctor, but it can provide a list of the in-network doctors for an employee to choose from.
If an injured employee chooses to be treated by an out-of-network doctor, the employee assumes the risk and responsibility of payment for the medical treatment and the potential loss of income benefits through the state workers' compensation system.
Reporting procedure .
In the event of any workplace injury/illness, the following steps should be taken:
(1)
The employee should report the injury immediately to his/her supervisor, regardless of the extent of the injury. The supervisor shall be responsible for informing the department head and department of human resources of the employee's injury.
(2)
The employee must comply with requests from the director of human resources and/or the workers' compensation insurance carrier pertaining to the administration of the claim. This shall include providing details relating to the injury (i.e. how the injury occurred, witnesses, what part of body was injured, location of where injury occurred, events that led up to the injury).
(3)
If an employee is unable to work due to a workplace injury/illness, the employee shall report to his/her supervisor or department head, either in person or by telephone to report on his/her condition.
(4)
While on leave due to a workplace injury/illness, employees must refrain from moonlighting activities or performing any other work for pay that would be inconsistent with or interfere with their recovery.
(5)
Prior to returning to work, the injured employee must provide a written statement from an appropriate physician certifying the employee has been released to return to work and specifying the type(s) of work the employee is capable of performing, as well as any limitation(s). Employees will not be allowed to return to work without this documentation.
Failure to comply with the provisions of this policy may result in disciplinary action up to and including termination.
Payment for first week of absence .
To assist non-civil service employees who experience a workplace injury/illness resulting in lost time, the city will pay up to forty (40) hours of the first seven (7) calendar days of an employee's absence at the rate of two-thirds (⅔) the employee's regular rate of pay. In cases where an employee's absence due to a workplace injury/illness extends beyond the third week and the employee receives disability benefits from the city's worker's compensation insurance carrier retroactive to the first week of absence, the employee shall refund the amount paid by the city for the first week of disability via a payroll deduction.
(b)
Insurance.
Unemployment insurance .
All employees are covered by unemployment insurance at the city's sole cost.
Health, dental and life insurance .
Regular, full-time city employees are eligible to participate in the city's health, dental and life insurance plans at the city's sole cost. Dependents may be covered under the city's health and dental insurance plans at an employee's expense. For information regarding the city's plans, employees should consult with the department of human resources.
(c)
Retirement. The city participates in the federal Social Security program, which covers all employees. Additionally, all regular full-time City employees are required to participate in the city's retirement plan with the Texas Municipal Retirement System ("TMRS"), unless specifically excluded by law. Under the city's TMRS plan, five percent (5%) of an employee's gross compensation will be deposited to an employee's account and matched by the city on a 2-1 ratio.
(d)
Educational reimbursement policy.
Purpose .
Subject to funding availability, the city may offer an educational reimbursement program to regular full-time employees who attend a course of study at a pre-approved institution or through an approved correspondence school. Educational reimbursement is intended to help employees maintain a satisfactory level of knowledge and expertise in their present position, as well as help them develop their skills and increase their potential for future advancement with the city. Employees participating in this educational reimbursement program shall not be permitted to attend courses during work hours unless authorized by the department head and approved by city manager, or designee. Additionally, employees attending courses under this educational reimbursement program shall not be compensated for their course work as hours of work.
Scope .
The course of study must be directly related to the employee's employment with the city (as determined by the employee's department head) and must be approved by the city manager, or designee, on the city's pre-approval form prior to registration.
This benefit is intended to be used for tuition and textbooks and not for costs covered by state or federal educational assistance programs, or any incidental expenses such as supplies and/or other personal expenses. Employees will provide any additional documentation to the city upon request in order to be eligible to participate in this educational reimbursement program.
Commitment of continued employment .
Employees requesting educational reimbursement assistance must commit to continued employment with the city for a minimum period of two (2) years upon attaining a degree in the pre-approved course of study. Employees must acknowledge and agree that educational reimbursement assistance is a financial investment by the city and it is both reasonable and appropriate for the employee to reimburse the city subject to the following terms and conditions:
(1)
One hundred percent (100%) if:
a.
The employee fails to successfully attain said degree and/or vocational training/certification;
b.
The employee makes a conscious decision to no longer pursue the degree and/or vocational training/certification; or
c.
The employee separates from employment with the city prior to the one-year anniversary of the employee's graduation date.
(2)
Fifty percent (50%) if the employee separates from employment prior to the two-year anniversary but after the one-year anniversary of the employee's graduation date.
Responsibilities of the department head .
Each department head must inform their department staff of this educational reimbursement policy prior to the new fiscal year in order to budget accordingly and determine the availability of funding. Employees must express their intent to request educational reimbursement assistance when the department head informs the staff about the policy and prior to the applicable fiscal year.
Procedure .
To be eligible to receive educational reimbursement assistance, employees must comply with the following procedures:
(1)
Prior to registration, the employee must submit the following documents to the employee's department head for review and consideration:
a.
The name of the college or institution the employee is attending;
b.
The employee's degree and/or vocational training/certification plan or course of study;
c.
The name and description of each course the employee intends to enroll in for the semester, including a brief summary of how the course relates to the employee's job;
d.
The start and end date of the course;
e.
The costs for tuition and/or books the employee expects to incur for the course; and
f.
Any amount of state or federal educational assistance the employee will receive or has requested.
(2)
The employee's department head will review and confirm the following information before approving a request for educational reimbursement and returning the pre-approval form to the employee:
a.
The department head must ensure funding is available to support the reimbursement;
b.
The department head must ensure the proposed course(s) is/are directly related to the employee's job; and
c.
The department head shall provide a recommendation regarding approval of the request.
(3)
If the department head approves the course(s), the employee must then submit the pre-approval form to the human resources department. The human resources department will review the employee's documentation for accuracy and will forward the pre-approval form to the city manager, or designee, for final determination.
(4)
The human resources department is responsible for informing the employee (or department head) of the city manager's final determination on pre-approval of the courses and shall return the pre-approval form to the employee.
(5)
Upon receipt of a final passing grade of "C" or better, the employee must submit the educational reimbursement request, grade report, and paid invoice to the human resources department within thirty (30) days. The city may reimburse an employee up to a maximum of three-thousand dollars ($3,000.00) per fiscal year for the cost of tuition, lab fees and books for pre-approved courses.
(e)
Holidays. The city council will determine the official city holidays for each fiscal year.
(f)
Vacation leave. All regular city employees shall be entitled to paid vacation leave at their regular rate of pay upon completion of each year of service. Eligible employees start earning vacation leave during the first year of employment but may not use any earned vacation leave until completing six (6) months of service. An employee's ninety (90) day probation period shall be included in computing the first year of service.
A year for the purposes of computing vacation leave shall begin on the anniversary date of an employee's first day of employment, except as otherwise provided herein.
Accrual schedule—Non-civil service employees: .
(1)
Individuals who have been in the continuous employment of the city for a period of one (1) to four (4) years, inclusive, shall earn ten (10) days of vacation leave per year.
(2)
Individuals who have been in the continuous employment of the city for a period of five (5) to nine (9) years, inclusive, shall earn twelve (12) days of vacation leave per year.
(3)
Individuals who have been in the continuous employment of the city for a period of ten (10) to fourteen (14) years, inclusive, shall earn fifteen (15) days of vacation leave per year.
(4)
Individuals who have been in the continuous employment of the city for a period of fifteen (15) years or more shall earn twenty (20) days of vacation leave per year.
Accrual schedule—civil service personnel: .
Civil service personnel shall earn fifteen (15) days of vacation leave per year, except that personnel with fifteen (15) years of service or more shall earn twenty (20) days of vacation leave per year.
Use of vacation leave .
(1)
Vacation leave credit shall not carry over from year to year. Any vacation leave credit earned that is not taken in the following year of service, shall be lost; provided, however, if it is in the best interests of the city, an employee may be required to forego previously scheduled vacation time with the understanding that such re-scheduled vacation time shall be taken as soon as practicable within the same or following year of service.
(2)
Department heads and supervisors shall schedule employees' vacation leave in such a manner that shall not impair the efficient operations of the department. All employees must submit their request for vacation leave no later than ten (10) calendar days prior to the requested date(s) of vacation leave.
(g)
Sick leave. All regular city employees are eligible for paid sick leave. Sick leave shall be earned but shall not be granted to any employee during the probationary period.
Accrual schedule .
(1)
Non-civil service employees shall earn eight (8) hours each month for a total of twelve (12) days per year.
(2)
Civil service employees shall earn ten (10) hours each month for a total of fifteen (15) days per year.
(3)
For non-civil service employees, sick leave accumulated over and above the maximum of two hundred forty (240) hours shall be placed in reserve for use in the event of a prolonged illness or may be cashed in at the end of each fiscal year at the rate of fifty percent (50%). However, any reserved hours will not be considered for termination pay purposes.
(4)
Civil service employees shall accumulate sick leave and receive payments for accumulated sick leave in accordance with the Texas Local Government Code and City's Civil Service Rules.
A year, for the purpose of computing paid sick leave, shall begin on the anniversary of the date the employee first began full-time employment.
Procedure: .
(1)
Sick leave shall be granted to an employee for personal illness, physical incapacity, or the illness, physical incapacity or funeral of an employee's immediate family member. An employee must notify and obtain the approval of his/her immediate supervisor or department head prior to taking sick leave.
(2)
If an employee is absent for three (3) or more consecutive working days due to personal illness or the illness of an immediate family member, the employee's department head shall require a doctor's certificate before sick leave is approved.
(3)
Sick leave shall be charged in increments of fifteen (15) minutes or 0.25 hours. When the use of sick leave is for an FMLA-qualifying event, the sick leave shall be charged concurrently with any available FMLA leave.
Accumulation and substitution with other leave .
(1)
If an employee has forty (40) hours of available sick leave, the employee may substitute some of their sick leave for personal leave, not to exceed sixteen (16) hours in a calendar year of employment. Firefighter employees may substitute up to twenty-four (24) hours of sick leave for personal leave during any calendar year of employment.
(2)
Unused vacation time, including accrued, may be used in place of sick leave after all sick leave benefits and any available compensatory time have been exhausted during a prolonged illness.
(3)
Occupational injury leave will generally not be counted against an employee's sick leave benefit unless the employee voluntarily elects to utilize any available paid sick leave prior to receiving temporary income benefits. An employee with available sick leave who is medically cleared to return to work following leave for an occupational injury must return to work before requesting to use sick leave.
(h)
Occupational injury leave. Employees who suffer a workplace injury/illness that results in absence from work shall be granted unpaid leave for occupational injury.
Leave for occupational injury shall run concurrently with any available leave under the FMLA to the extent the employee's workplace injury/illness qualifies as a "serious medical condition." While an employee is on leave due to occupational injury, the city shall continue the employee's health insurance benefits for the duration of available FMLA leave or paid leave, whichever is longer. Thereafter, an employee who remains on unpaid leave due to an occupational injury will be responsible for remitting the full amount of the employee benefit premium to the city, as well as the amount of any dependent benefit premium, for any period of unpaid leave.
Return to work .
Generally, an employee on occupational injury leave will only be allowed to return to work in his/her original position when a complete release from a medical provider is presented to the city. Failure to return to work following certification from a medical provider may result in disciplinary action, up to and including termination.
The city does not normally have "light duty work" assignments. Therefore, if an employee has a medical form indicating the employee must only work in a "light duty" capacity, such work may not be available, and the employee may have to remain on leave until able to return to work without restrictions. If, however, "light duty work" is available, an employee placed on restrictions may be given the opportunity to perform such work if capable and qualified. In the case of employees whose workplace injury/illness qualifies as a "disability" under the Americans with Disabilities Act, the city will discuss any reasonable accommodations that may be available to allow the employee to return to work, to the extent the employee is able to perform the essential functions of his/her position.
Termination proceedings .
The city may initiate termination proceedings if a regular or part-time non-civil service employee who is injured or becomes ill in the scope of work is not able to return to work and/or perform the essential functions of his/her job after twelve (12) calendar weeks from the first day of lost time.
Civil service employees .
Civil service employees who are injured in the line of duty shall be entitled to up to one (1) year of paid leave from the date said employee was unable to work due to an injury or illness suffered in the line of duty, in accordance with the Texas Local Government Code and the city's Civil Service Rules.
(i)
Leave for inclement weather. The city manager or a department head may grant employees leave due to inclement weather when said weather prevents the employee from performing his/her normal job duties. Such leave will be unpaid unless employees have accrued compensatory time or other paid leave if compensatory time is not available. Only the first two (2) hours of inclement weather leave will be paid to those employees who report to work and are subsequently ordered to leave.
(j)
Civic leave. Absence from work due to service as a juror, attendance at court by summons, or a coroner's inquest as a witness shall be paid minus the amount of any fees received by an employee for such service to the extent the employee's wages exceed the amount earned for service. Employees are expected to return to work once the reason for the civic leave is completed.
(k)
Military leave. Employees who are members of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service will be granted a leave of absence for military service, training or related obligations in accordance with applicable law. Employees on military leave may substitute their accrued paid leave time for unpaid leave. At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally has a right to return to the same position he or she held prior to the leave or to a position with like seniority, status and pay that the employee is qualified to perform.
Leave for active or reserve duty .
Upon receipt of orders for active or reserve duty, an employee should notify his/her supervisor and department head as soon as possible. The employee should also submit a copy of the military orders with the request for leave (unless he/she is unable to do so because of military necessity or it is otherwise impossible or unreasonable).
Return from military leave .
Upon return from military service, an employee must provide notice of or submit an application for reemployment in accordance with the following schedule:
(1)
An employee who served for less than thirty-one (31) days or who reported for a fitness examination, must provide notice of reemployment at the beginning of the first full regular scheduled work period that starts at least eight (8) hours after the employee has returned from the location of service.
(2)
An employee who served for more than thirty (30) days, but less than one hundred eighty-one (181) days must submit an application for reemployment no later than fourteen (14) days after completing his/her period of service, or, if this deadline is impossible or unreasonable through no fault of the employee, then on the next calendar day when submission becomes possible.
(3)
An employee who served for more than one hundred eighty (180) days must submit an application for reemployment no later than ninety (90) days after the completion of the uniformed service.
(4)
An employee who has been hospitalized or is recovering from an injury or illness incurred or aggravated while serving must report to Human Resources (if the service was less than thirty-one (31) days) or submit an application for reemployment (if the service was greater than thirty (30) days), at the end of the necessary recovery period (but which may not exceed two (2) years).
Required documentation .
An employee whose military service was for more than thirty (30) days must provide documentation within two (2) weeks of his/her return (unless such documentation does not yet exist or is not readily available) showing the following: (i) the application for reemployment is timely (i.e. submitted within the required time period); (ii) the period of service has not exceeded five (5) years; and (iii) the employee's separation or dismissal from service was not disqualifying.
Benefits .
If military leave is less than thirty-one (31) days, benefits will continue without interruption. If an employee has military orders for more than thirty (30) days, the employee and covered dependents may elect to continue health and dental coverage for up to twenty-four (24) months under a COBRA-like plan. In such a case the employee will be responsible for remitting the full amount of the employee and dependent insurance benefit premium to the city.
During any period of leave for which the employee is not receiving a paycheck from the city, the employee will be responsible for remitting the amount of the dependent benefit premium, if any, to the city.
Military leave for state service .
An employee who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team is entitled to a paid leave of absence from the employee's duties on a day on which the employee is engaged in authorized training or duty ordered or authorized by proper authority for not more than fifteen (15) workdays in a fiscal year. This paid military leave for state service shall be in addition to any other paid leave available to the employee.
Employees requiring leave for state service shall schedule their leave and submit any supporting documentation to their supervisor and their department head. Employees requiring military leave for state service are entitled to return to the same job position held when ordered to training or duty and will not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. Employees should, as soon as practicable after release from duty, provide their supervisor and/or department head with written or actual notice of intent to return to employment.
Employees on military leave for state service as described above shall be entitled to fifteen (15) working days of leave with pay. After the first fifteen (15) working days, employees may, at their option, use any or all paid vacation time or other leave during their absence until such accrued paid leave has been expended.
Unused military leave for state service in a fiscal year cannot be carried over to a subsequent year.
Civil service employees .
Civil service employees may be granted a military leave of absence without pay to enable the individual to enter a branch of the United States military service. The leave of absence and reinstatement of employment shall be governed by the Texas Local Government Code, as referenced in the city's civil service rules.
In addition, the city shall maintain military leave time accounts for the fire and police departments, with a separate military leave time account for each department, in accordance with the Texas Local Government Code, as referenced in the city's civil service rules.
(l)
Family Medical Leave Act (FMLA). The Family and Medical Leave Act (FMLA) provides eligible employees up to twelve (12) weeks of unpaid leave for certain family and medical reasons during a twelve (12)-month period and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to twenty-six (26) weeks of FMLA leave in a single twelve (12)-month period to care for a covered service member with a serious injury or illness.
Eligibility .
To be eligible for leave under this policy an employee must have been employed with the city for at least twelve (12) months and must have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period preceding the commencement of the leave.
In determining FMLA eligibility, an employee re-employed following military service will be given credit for (i) the period of uniformed service towards the months-of-employment eligibility requirement, and (ii) the hours of service that would have been performed but for the period of uniformed service.
FMLA leave may be taken for any one (1), or for a combination of, the following reasons:
• The birth of the employee's child or to care for the newborn child;
• The placement of a child with the employee for adoption or foster care or to care for the newly placed child;
• To care for the employee's spouse, child or parent (but not in-law) with a serious health condition; and/or
• The employee's own serious health condition that makes the employee unable to perform one (1) or more of the essential functions of his or her job.
• "active duty leave": the employee's responding or attending to a "qualifying exigency" arising out of a covered family member's active duty or notification of an impending call or order to active duty in the Armed Forces, including the National Guard or Reserves, in support of a contingency operation. A "covered family member" for purposes of this leave includes a spouse, son, daughter or parent of the employee; or
• "Service member family leave": the employee's care of a spouse, son, daughter, parent, or next of kin (nearest blood relative) who has incurred a serious illness or injury in the line of duty while on active duty in the Armed Forces, including the National Guard or Reserves, and that illness or injury has rendered the service member medically unfit to perform the duties of the member's office, grade, rank or rating.
A "serious health condition" is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
A "qualifying exigency" may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
Twelve-month period .
FMLA leave is not cumulative and cannot be "carried over" if not used. The city uses a "rolling" twelve-month period measured backward from the date an employee uses any FMLA leave. Under this method, each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the twelve (12) weeks, which has not been used during the immediately preceding twelve (12) months. For example, if an employee has taken eight (8) weeks of FMLA leave during the past twelve (12) months, an additional four (4) weeks of leave could be taken. If an employee used four (4) weeks beginning February 1, four (4) weeks beginning June 1, and four (4) weeks beginning December 1, the employee would not be entitled to any additional leave until February 1 of the following year. However, on February 1 of the following year, the employee would only be entitled to four (4) weeks of leave; on June 1 the employee would be entitled to an additional four (4) weeks, etc.
Length of service member family leave .
An eligible employee is entitled to a combined total of twenty-six (26) weeks of unpaid leave within a single twelve-month period for service member family leave. Leave to care for an injured or ill service member, whether or not combined with other FMLA-qualifying leave, may not exceed twenty-six (26) weeks in a single twelve-month period. The amount of leave available to an employee will be calculated by looking backward at the amount of leave taken within the twelve-month period immediately preceding the first date of leave. If both a husband and wife are employed by the city, and are eligible for service member leave, the two (2) may take a combined total of twenty-six (26) weeks. Intermittent leave or a reduced schedule may be approved for service member family leave where medically necessary and where the need for such leave is best accommodated through such scheduling. An employee requesting intermittent leave/reduced schedule may be transferred temporarily to an available alternative position with equivalent pay and benefits, or to a part-time position if such a position better accommodates the need for intermittent leave/reduced schedule.
Service member family leave runs concurrent with other leave entitlements provided under federal, state, and local law.
Limitations on FMLA Leave .
Leave to care for a newborn or for a newly placed child must conclude within twelve (12) months after the birth or placement of the child.
When both spouses are employed by the city, they are together entitled to a combined total of twelve (12) weeks of FMLA leave within the designated twelve-month period for the birth, adoption or foster care placement of a child with the employees, for aftercare of the newborn or newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken individually for any of the above reasons and twelve (12) weeks, but not more than a total of twelve (12) weeks per person). Any service member family leave, whether paid, unpaid, or a combination thereof, either taken by itself or together with any other family and medical leave and/or active duty leave, whether paid, unpaid or a combination thereof, will be counted toward the twenty-six-week leave entitlement.
Intermittent or reduced work schedule leave .
Intermittent leave is leave taken in separate blocks of time. A reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per work week or hours per workday. Leave to care for a newborn or for a newly placed child may not be taken intermittently or on a reduced work schedule unless the city agrees with respect to an individual leave request.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the city's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the city may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave.
Requests for FMLA Leave .
A request for FMLA leave must be on the appropriate form, signed by the employee, submitted to the employee's immediate supervisor for proper approval, and forwarded to the department of human resources.
When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee's or family member's serious health condition, the employee should provide his/her immediate supervisor and Human Resources with at least thirty (30) days advance notice, or such shorter notice as is practicable (i.e., within two (2) business days of learning of the need for the leave). When the timing of the leave is not foreseeable, the employee must provide the immediate supervisor with notice of the need for leave as soon as practicable (i.e., within two (2) business days of learning of the need for the leave).
Required documentation .
When leave is taken to care for a family member, the city may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document).
An employee may be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms are available from the department of human resources.
If the city has reason to doubt the employee's initial certification, the city may: (i) with the employee's permission, contact the employee's health care provider in an effort to clarify or authenticate the initial certification; and/or (ii) require the employee to obtain a second opinion by an independent city-designated provider at the city's expense. If the initial and second certifications differ, the city may, at its expense, require the employee to obtain a third, final and binding certification from a jointly selected health care provider.
During FMLA leave, the city may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA. In addition, during FMLA leave, the employee must provide the city with periodic reports regarding the employee's status and intent to return to work. If the employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the city with reasonable notice of the employee's changed circumstances and new return to work date. If the employee gives the city notice of the employee's intent not to return to work, the employee will be considered to have voluntarily resigned.
Before the employee returns to work from FMLA leave for the employee's own serious health condition, the employee may be required to submit a fitness for duty certification from the employee's health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work.
FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment.
Designation of leave .
The city will notify the employee whether leave has been designated as FMLA leave. The city may provisionally designate an employee's leave as FMLA leave if the city has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. If the employee has not notified the city of the reason for the leave, and the employee desires that leave be counted as FMLA leave, the employee must notify the department of human resources within two (2) business days of the employee's return to work that the leave was for an FMLA reason.
Use of paid and unpaid leave .
FMLA provides eligible employees with up to twelve (12) weeks of unpaid leave. If an employee has accrued paid leave (e.g., vacation, sick leave, compensatory time off), however, the employee must use any qualifying paid leave first. "Qualifying paid leave" is leave that would otherwise be available to the employee for the purpose for which the FMLA leave is taken. The remainder of the twelve (12) weeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee's entitlement to FMLA leave. This includes leave for disability or workers' compensation injury/illness, provided that the leave meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the twelve-week leave period (i.e. paid leave shall run concurrently with FMLA leave).
Maintenance of health benefits .
During FMLA leave an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. To the extent that an employee's FMLA leave is paid, the employee's portion of insurance premiums will be deducted from the employee's salary. For the portion of FMLA leave that is unpaid, the employee's portion of insurance premiums may be paid on the same schedule as payments under COBRA.
If the employee's payment of insurance premiums is more than thirty (30) days late, the city may discontinue insurance coverage upon notice to the employee.
Return from FMLA Leave .
Upon return from FMLA leave, the city will place the employee in the same position the employee held before the leave or an equivalent position with equivalent pay, benefits and other employment terms. However, an employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time job restoration is sought.
The city reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten (10) percent of city employees employed within seventy-five (75) miles of city hall ("key employees") if such denial is necessary to prevent substantial and grievous economic injury to the city's operations.
If an employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The city may recover insurance premiums that the city paid on behalf of the employee during any unpaid FMLA leave; except the city's share of such premiums may not be recovered if the employee fails to return to work because of the employee's or a family member's serious health condition, or because of other circumstances beyond the employee's control. In such cases, the city may require the employee to provide medical certification of the employee's or the family member's serious health condition. Benefit entitlements based upon length of service will be calculated as of the last paid workday prior to the start of the unpaid leave of absence.
Employees should contact the department of human resources for additional information or clarification about the city's FMLA leave policy.
(m)
Authorized leave of absence. Upon application to the city manager, and at his/her discretion, all regular full-time employees are eligible to take an unpaid leave of absence of up to five (5) working days within a twenty-four-month period, if leave hours are unavailable. Any exceptions to this five-day limit shall be made on a case-by-case basis at the city manager's discretion and for emergency purposes only. Any authorized leave of absence must be approved in writing by the city manager before it can be taken.
(n)
Unauthorized leave of absence. Any absence without permission of an employee's respective department head or supervisor will constitute an unauthorized leave of absence and shall be unpaid. Such instances shall subject an employee to discipline, up to and including termination, in accordance with these policies.