4.30.160 Family and medical leave.
The Alaska Family Leave Act (AS 23.10.500 – 23.10.550) and the Federal Family and Medical Leave Act of 1993 (Public Law 103-3) entitle employees to periods of leave for childbirth, adoption, to care for a close relative with a serious health condition, or if the employee is unable to perform his or her duties because of a serious health condition. This section is intended to comply with the requirements of those Acts. The terms used in this section have the meanings defined in those Acts. Family and medical leave is without pay.
A. Eligibility, Notice and Duration.
1. An employee is eligible to take Alaska family and medical leave if the employee has been employed by the city for at least 35 hours a week for at least six consecutive months or for at least 17.5 hours a week for at least 12 consecutive months immediately preceding the leave. Family and medical leave is available to probationary employees who meet the above criteria. Eligibility for family and medical leave is not gender-based and is available to both male and female employees.
2. An eligible employee shall be entitled to a total of 12 work weeks of leave within a 12-month period for one or more of the following:
a. Pregnancy and the birth of a child of the employee and in order to care for such child;
b. Placement of such child with the employee for adoption or foster care;
c. In order to care for the spouse, child, parent of the employee, or parent-in-law, if such spouse, child, or parent or parent-in-law has a serious health condition;
d. Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.
3. Extended Eligibility.
a. An employee shall be entitled to an additional six work weeks of leave within the same 12-month period due to reasons set out in subsections (A)(2)(a) and (b) of this section.
b. An employee shall be entitled to an additional six work weeks of leave within the 24-month period measured backwards from the date an employee uses family and medical leave due to the reasons set out in subsections (A)(2)(c) and (d) of this section.
4. Limitations on Eligibility. An employee’s eligibility for family and medical leave for birth or placement of a child of the employee expires 12 months after the birth or placement.
5. Where the need for family and medical leave is foreseeable based on an expected birth or placement of a child or for planned medical treatment, the employee shall provide the department director with not less than 30 days’ notice before the date the leave is to begin. However, if 30 days’ notice is not possible, the employee shall provide such notice as soon as practicable.
6. In the best interests of the city, the city manager may allow for an additional 90 days leave without pay upon a written prognosis from a physician licensed by the state of Alaska that the disability will not extend beyond this time period.
7. During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, employees must be restored to their original job or equivalent position with equivalent pay, and other employment terms.
8. Service member FMLA provides eligible employees unpaid leave for any one, or for a combination, of the following reasons:
a. “Qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forces in support of a contingency plan; and/or
b. To care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the armed forces; provided, that such injury or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating. (Ord. 12-001 § 3, 2013)