4.30.170 Duration of service member FMLA.
A. When leave is due to a “qualifying exigency” an eligible employee may take up to 12 workweeks of leave during any 12-month period.
B. When leave is to care for an injured or ill service member, an eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period.
Service member FMLA runs concurrent with other leave entitlements provided under federal, state and local law.
C. Certification.
1. An employee requesting family and medical leave shall provide to the personnel officer certification of the circumstances on which the request is being made, to include documentation of placement or adoption proceedings, the statement of a health care provider of the employee’s pregnancy, spouse’s pregnancy or a serious health condition of the employee or the employee’s spouse, child, or parent.
2. Prior to returning to work, an employee who has been on family and medical leave due to his or her own serious health condition shall present a certificate from the employee’s health care provider that the employee is released for duty.
D. Definition. A covered service member is:
1. A current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
2. A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
E. Measuring Period. The 12-month period during which an employee is eligible for family and medical leave shall be the “rolling” 12-month period measured backward from the date an employee begins any family and medical leave.
F. Coordination with Other Leave.
1. An employee requesting family and medical leave shall first exhaust accrued annual personal leave before utilizing leave without pay.
2. Injury leave due to a serious health condition is considered family and medical leave because of a serious health condition that makes the employee unable to perform the functions of his or her job and shall run concurrently with family and medical leave.
G. Health Insurance Benefit. Health insurance coverage for an employee on family and medical leave shall be maintained on the same basis as such coverage is available to an employee who is actively at work during the first 12 weeks of family and medical leave during the measuring period. An employee on extended family leave shall be eligible for such coverage only to the extent he or she pays for it, which shall be in the manner prescribed by the personnel officer.
H. Personal leave and holidays with pay will accumulate during family and medical leave.
I. Replacement of Employee on Family and Medical Leave. An employee on family and medical leave may be replaced by a temporary or substitute employee depending on the needs of the department and the duration of the family and medical leave. An employee shall resume his or her position upon completion of family and medical leave.
J. In the event that the employee is unable to work upon the expiration of the family and medical leave, such employee would be terminated without prejudice, subject to the discharge procedures in PMC 4.50.060 through 4.50.080.
K. In the event of disability discharge, the city will notify the employee of his or her right to extend health plan coverage. This notice will be in accordance with COBRA, the Consolidated Omnibus Budget Reconciliation Act of 1985. (Ord. 12-001 § 3, 2013)