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HomeMy WebLinkAboutResolution No. 030-09 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City amend its personnel policy regarding Family Medical Leave. A copy of the amended policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ,Zlsr DAY OF , 2009. PRESIDENT OF SAID COMMON COUNCIL ATTEST: � /� G `^� CITY CLERK APPROVED THIS ?�w'� DAY OF 2009. MAYOR OF SAID CITY (Sea[ of the City of Rochester, Minnesota) Res05'Adopt PersPolicy.FamMedLeave2 CITY OF ROCHESTER ORGANIZATIONAL POLICY FAMILY AND MEDICAL LEAVE • A. Policy It is the policy of the City of Rochester, to provide up to twelve (12) workweeks of leave during any 12-month period for employees for the birth or adoption of their child, a serious health condition affecting the employee or a family member, "any qualifying exigency" that arises from a spouse's, child's or parent's active duty in the Armed Forces, including an order or call to duty, and up to (26) workweeks of leave during one 12-month period to care for a service member. This policy is adopted in accordance with the federal "Family and Medical Leave Act and National Defense Authorization Act of 2008". B. Eligibility An employee qualifies when employed by the City for at least twelve (12) months and worked at least 1250 hours in the twelve (12) months preceding the commencement of the leave. If employed for less than the specified.period, refer to provision M "Employment of Less Than 12 Months" of this section. C. Family - Parental Leave Guidelines 1. Eligible employees may take family leave for the birth of a child, and to care for the newborn child; or for the placement of a child for adoption or foster care. A • "son or daughter".is defined as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care because of a mental or physical disability." 2. An employee's entitlement to leave for the birth or placement of a son or daughter expires at the end of the 12-month period beginning on the date of the birth or placement. Circumstances may require that leave begin before the actual date of birth or placement. For example, an expectant mother may take medical leave for:'serious health conditions before the birth of her child if her condition is such that she is unable to work right up to the birth. In the case of a placement for adoption or foster care, leave may be taken on the placement of a child or may. begin before placement if an absence from work is required for the placement to proceed. 3. A husband and wife who are eligible for leave and are both employed by the City are permitted to take twelve (12) weeks of leave each during any 12-month period if the leave is taken: a. for birth of a son or daughter or to care for the child after birth; b. for placement of a son or daughter for adoption or foster care, or to care for c. to care for a parent (but not a parent "in-law") with a serious health condition. (Limit does not apply to children or spouses). CITY OF ROCHESTER ORGANIZATIONAL POLICY A husband and wife who are eligible for leave and are both employed by the City are permitted to take a GOmbined tetal G twenty six (26) weeks of leave each in a single 12-month period to care for their child if the child is a service member. Where the husband and wife both use a portion of the total 12-week leave entitlement for either (a), (b) or (c) above, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for leave for a purpose other than those contained in either (a), (b) or (c) above. 4. The City has chosen to allow intermittent leave for the birth or placement of a child provided the intermittent leave does not unduly disrupt the department's operations The department has the right to temporarily transfer an employee on intermittent parental leave to an alternative job that better accommodates recurring periods of leave. 5. An employee who is pregnant may continue to work until such time as the baby is born unless the work is such that to continue would cause harm to the mother/fetus as determined by their physician. D. Family - Medical Leave Guidelines 1. Eligible employees may take family medical leave to care for a spouse, son, daughter, or parent, if that family member has a serious health condition or for a personal serious health condition that makes the employee unable to perform the essential functions of their position. A "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves: a. any period of incapacity or treatment in .connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential care facility; b. any period of: incapacity requiring absence from work, school, or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or c. continuing treatment by (or under the supervision of) 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) calendar days; or for prenatal care. Examples of a "serious health condition" include: • • heart attack, CITY OF ROCHESTER ORGANIZATIONAL POLICY • heart conditions requiring heart bypass or valve operations, . • most cancers, • back conditions requiring extensive therapy or surgical procedures, • strokes, • severe respiratory conditions, • spinal injuries, • appendicitis, • pneumonia, • emphysema, • severe arthritis, • severe nervous disorders, • injuries caused by serious accidents on or off the job, • ongoing pregnancy, severe morning sickness, the need for prenatal care, childbirth and recovery from childbirth. 2. With respect to an employee, the term"serious health condition is intended to cover conditions or illnesses that affect the employee's health to the extent that he/she must be absent from. work on a recurring basis for three (3) days or more and involves continuing treatment by a health care provider. With respect to family members, the term "serious health:condition" is intended to cover conditions or illnesses that affect the health of the family member so that he/she is similarly unable to participate in school .or in his/her regular daily activities. Family leave may be taken because of the`illness of a son, daughter, spouse, or • parent. An eligible "parent" includes a biological parent or a person who was charged with a parent's rights, duties, and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws. 3. The employee will be able to exhaust their entire accrued sick leave account in the event he or she has a serious health condition that makes them unable to perform the essential functions of their position. 4. Employees may use intermittent leave or leave on a reduced schedule, subject to requirements for notice and certification, for the care of a spouse, son, daughter, or parent with a serious health condition, or for their own serious health condition, when leave on this basis is medically necessary. Intermittent leave would be a few hours off, or a day or a week off at intervals as the employee's needs require. A reduced leave schedule would be a regular schedule of a three-day week, or working only mornings. A temporary transfer to an alternative job that better accommodates recurring periods of leave is permitted only if the leave is foreseeable based on planned medical treatment for the employee or a family member. An employee on unforeseeable intermittent leave cannot be transferred to an alternative iob. • l CITY OF ROCHESTER ORGANIZATIONAL POLICY E. Service Member Family Leave • Guidelines 1. Eligible employees may take up to 26-weeks of leave to care for a spouse, child, parent or next of kin (nearest blood relative) who is a service member with an illness or injury that occurred during active duty in the Armed Forces. This leave is available only during one 12-month period and is combined with all other family medical leaves in that period, resulting in a maximum total leave entitlement of 26-weeks. 2. Eligible employees may take up to 12-weeks of family medical leave in a 12- month period to deal with *"any qualifying exigency" that arises from a spouse's, child's or parent's active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation. This leave is not confined to a single 12-month period. The 12- weeks is reduced by leave for any other qualifying family medical leave during the 12-month period. 3. Employees may use intermittent leave or leave on a reduced schedule, subject to requirements for notice and certification, for the care of a spouse, child, parent or next of kin (nearest blood relative) who is a service member with an illness or injury that occurred during active duty in the Armed Forces or to deal with *"any qualifying exigency" that arises from a spouse's, child's or parent's • active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation. A "qualified exigency" is a non-medical activity that is directly related to the covered military member's active duty or call to active duty status. For an activity to qualify as an exigency, it must fall within one of seven categories of activities or be mutually agreed to by the employer and employee. The seven categories of qualifying exigencies are short-notice deployment (leave permitted up to seven days if the military member receives seven or less days' notice of a call to active duty), military events and related activities, certain temporary childcare arrangements and school activities (but not ongoing childcare) financial and legal arrangements, counseling by a non-medical counselor (such as a member of the clergy), rest and recuperation (leave permitted up to five days when the military member is on temporary rest and recuperation leave) and post-deployment military activities. For the purposes of exigency leave, the term "active duty or call to active duty status" means duty under a Federal call or order to active duty (not a State call to active duty unless by order of the President of the United States) in support of a contingency operation pursuant to specific enumerated provisions of Section 688 of Title 10 of the United States Code. Such active duty or call/order to active duty is only made to members of the National Guard or Reserve components or a retired member of the Regular Armed Forces or Reserves. Therefore, an employee may not take exigency leave if the servicemember is a member of the Regular Armed Forces. r CITY OF ROCHESTER ORGANIZATIONAL POLICY For purposes of military caregiver leave, a covered servicemember is a current • member of the Regular Armed Forces, National Guard, or Reserve, including those on the temporary disability retired list (TDRL), but not including former members or members on the permanent disability retire list. Generally, a former member of the military whose injury or illness manifests itself after the member's discharge from military service (except for those on the (TDRL) is not a covered servicemember. The servicemember must be receiving medical treatment or oversight by a Department of Defense or Veterans Affairs health care provider or by a Department of Defense TRICARE network or non- network authorized private health care provider. Certifications 1. In regard to Military Exigency Leave, the City may require an employee to provide certification that the covered military member is a member of the National Guard or Reserves who is on active duty or called to active duty in support of a contingency operation, as well as, a statement from the employee (including available written support documentation) about the nature and details of the specific exigency, the amount of leave, needed, and the employee's relationship to the military member. 2. In regard to Military Caregiver Leave, the City may require information from the heath care provider and from the employee and/or covered servicemember to support military caregiver leave. Should the Department of Defense determine • the injury or illness is serious enough to warrant the immediate presence of a family member at the servicemember's bedside, they will issue an invitation referred to as an "invitational travel order" (ITO) or "invitational travel authorization" (ITA) which constitutes automatic certification of the serious injury or illness and remains in effect for the duration specified on it. F. Interaction with Paid Leave A full-time employee may retain up to forty (40) hours of accrued vacation before being placed on an unpaid leave of absence. All other hours of accrued/saved sick leave and vacation must be used prior to being placed on an unpaid leave of absence. (Except when an employee elects to use unpaid leave during their first six (6) weeks of parental leave as permitted by Minnesota Law). The paid leave under this section is used concurrently with the unpaid leave entitlement. G. Notification 1. When the need for leave is foreseeable based on planned medical treatment, the employee must give at least thirty (30) days' notice before the date that the leave is to begin. Request for a leave should be made by completing a "Leave of Absence" form. When planning medical treatments, employees should consult with their • respective Department and/or Division Head when giving notice and make CITY OF ROCHESTER ORGANIZATIONAL POLICY reasonable efforts to schedule the leave so as not to unduly disrupt the department's operations, subject to the approval of the health care provider. When unforeseen events occur that require leave, employees must give notice as soon as practicable, ordinarily within one or two working days. Notice should be given either in person or by phone when medical emergencies are involved, and may be given by the employee's spouse, other family member or other responsible party if the employee is unable to do so due to a serious health condition. Written notice will not be required in the case of a medical emergency. 2. When active military duty of a family member is foreseeable, whether because the spouse, or a son, daughter, or parent, is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice as is reasonable and practicable. H. Medical Certification 1. Upon requesting leave because of a serious health condition of a spouse, son, daughter, parent or an employee's own serious health condition, or to care for a spouse, son, daughter, parent or next of kin (nearest blood relative) who is a service member with a serious illness or injury incurred during active duty in the Armed Forces, the employee must have the .health provider of the person with . the condition complete the "Certification of Physician or Practitioner" form. If this form is not'available, a letter must be provided from the health provider which must include: a. the date on which the serious health condition began; b. its probable duration; c. the appropriate:medical facts regarding the condition; d. that the employee is needed to care for a son, daughter, parent, or spouse, with an estimate of the amount of time that the care will require; e. for purposes of an employee's own serious health condition, that the employee is unable to perform the functions of the job; f. in the case of intermittent leave for planned medical treatment, the dates on which the treatment is expected to be given and the treatment's duration; g. in the case of certification for intermittent or reduced schedule leave for an employee's own serious health condition, a statement of the medical necessity for an intermittent or reduced schedule leave; and h. in the case of certification for intermittent or reduced schedule leave for family members, a statement that this type of leave is necessary for the case of the family member, or will assist in their recovery, and the expected duration and schedule of the intermittent or reduced schedule leave. 2. Medical certification for a family medical leave must be provided in advance or at the start of the leave. If the need for the leave does not permit this timing, medical certification should be provided within 15 calendar days after the leave begins, unless it is not practicable to do so under the circumstances. l CITY OF ROCHESTER ORGANIZATIONAL POLICY 3. If there is reason to doubt the validity of the medical certification, the City may require, at its own expense, the opinion of a second health care provider designated or approved by the City, but not employed regularly by the City. 4. If the second opinion differs from the first opinion, the City may require, at its own expense, the opinion of a third health care provider, designated or approved jointly by the City and the employee. The third health care provider's opinion is final and binding by both the City and the employee. 5. The City may require the employee to obtain subsequent medical recertification on a reasonable basis. 1 GtiVe Duty / Call Te AGtiVe DUtV GeFtifiGatinn The City may FequiFe that a Fequest fGF leave be supperted by a GeFt;fiGat;E)R issued nmr+IT�_1 n��shala l PFGVide,iR a timely aRR , a GGPY Gf i Gh GeFtifiGatiGR. I. Restoration to Prior Position 1. Upon signifying his/her interest to return (a minimum of two (2) weeks - ten (10) working days notice may be. required). to work within the authorized leave period. The employee shall be reinstated to the position he/she held when the leave began, or to an equivalent position, with equivalent employment benefits, pay, and other terms and conditions of employment. 2. Prior to returning to work, an employee must provide certification from a health care provider that he/she is able to resume work. 3. If during the leave, the City experiences a layoff and the employee would have lost a position had the employee not been on leave, the employee shall be subject to the same layoff and recall as if the,employee had not been on leave. J. Benefits 1. Taking a leave will not result in the loss of any employment benefits accrued before the date the leave began. "Employment benefits" is defined as all benefits provided or made available to employees by the City, including group health and dental coverage, sick leave, vacation, educational benefits, and pension. 2. The City will maintain coverage under the group health plan, for the duration of the leave, at the level and under the conditions that coverage would have been provided if the employee had continued working and had not taken leave. 3. The City may recover the cost of maintaining group health coverage for an employee during unpaid leave if: • CITY OF ROCHESTER ORGANIZATIONAL POLICY a. the employee fails to return from leave after the leave period has expired, • and b. fails to return for a reason other than the continuation, recurrence, or onset of a serious health condition affecting the employee's spouse, child, parent, or himself/herself that entitles the employee to take leave, or other circumstances beyond the employee's control 4. If an employee claims that he/she cannot return from leave because of a serious health condition, the City may require that this claim be supported by medical certification from a health care provider. The employee must provide a copy of the medical certification within 30 calendar days from the date of the City's request. 5. Sick leave and vacation will continue. to accumulate only during the period of compensated leave. 6. Unpaid leave hours will not count towards seniority. K. Penalty Claiming sick leave when physically able to perform normal duties except as provided elsewhere in this section, may be cause for disciplinary action, including cancellation of sick leave benefits, suspension, demotion or termination of employment. L. Employment of Less than 12 Months 1. Employees are eligible for a minimum of six weeks leave. 2. The leave may be approved for a period of up to twelve workweeks by the department head and the Director of Human Resources. 3. To maintain health coverage for the duration of an unpaid leave, the employee will be responsible for the entire payment of the premium. 4. Employees will otherwise have the rights and responsibilities provided under this policy. *MN State Law provides that an employee has the right to take up to six (6) workweeks of job-protected leave for the birth or adoption of a child. To be eligible for this leave, an employee must have worked a minimum of one year and have worked at least 1,040 during the year prior to the requested leave. The leave rights under the state law expire upon the six weeks from the date of the birth or placement of adoption / foster care. Employees are expected to pay the entire cost of the premium to maintain health insurance coverage. For more information, see your department head or the Human Resources Department. November 3,2004 • March 17,2008 September 2008