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HomeMy WebLinkAbout2009-014 - Personnel PoliciesBILL N0.2009-14 ORDINANCE NO. 2009-14 AN ORDINANCE APPROVING AMENDMENT TO THE PERSONNEL POLICIES OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a review of the City's Personnel Policies (the "Employee Handbook") applicable to Family and Medical Leave; and WHEREAS, the City and its staff have drafted a revised Section 1000.6 to be included in the current version of the Employee Handbook (the "Amendment") to comply with new regulations under the Family and Medical Leave Act; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the Amendment to be advisable and in the City's best interests. NOW, THEREFORE, be it Ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside Personnel Policies, shall be revised to amend Section 1000.6 as set forth in Exhibit A attached hereto. Section 2. The provisions of the City of Riverside Personnel Policies amended hereby shall not be construed to revive any former clause or provision of the Personnel Policies of the City of Riverside, Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Amendment are severable and if any portion of the Amendment is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Amendment and all provisions of the Amendment not specifically declared to be unlawful shall remain in full force and effect. Section 4. This ordinan2nce shall take effect immediately. Passed and approved this eJ r~ day ofz1~2009. A ity Clerk ~~L.Qc~.t,~-~~° ---•~ Mayor Kathleen L. Rose ~~ ~ g. Family and Medical Leave Effective Date: January 16, 2009 Employees who have worked at least 1,250 hours during the twelve month period immediately preceding the commencement of the requested leave and who have been employed by the City for at least twelve months (the twelve months need not be consecutive months) and who meet the other requirements of the Family and Medical Leave Act (FMLA); may be eligible to take up to twelve (12) work weeks (usually 480 hours for a full time employee) of unpaid FMLA leave during the calendar year for the fallowing reasons: 1. Birth and care of a newborn child of the employee, 2. Placement of a child into the employee's family for adoption or by a foster care arrangement, 3. Care of the employee's spouse, son or daughter or parent who has a serious health condition, 4. Inability of the employee to perform the functions of the position due to a serious health condition. 5. Because of any qualifying exigency (as defined by the Secretary of Labor's regulations) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) as a member of the National Guard or military reserves in support of a contingency operation. Qualifying exigencies may include attending certain military events, arcanging for alternative childcare, addressing certain financial and legal arcangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. 6. To care for an injured or ill servicemember. This leave may extend to up to 26 weeks in a 12-month period for an employee who is the spouse, son, daughter, parent or next-of-kin of a current member of the armed forces (including the regular armed forces) who is injured or recovering from an injury suffered while on active military duty and who is unable to perform the duties of the servicemember's office, grade, rank or rating. An employee is also eligible for this type of leave when the servicemember is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list. This is the only type of FMLA leave that may extend an employee's leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave an: included with this type of leave totaling the 26 weeks. Lenoth of Leave An eligible employee can take up to 12 weeks (or up to 26 weeks of leave to care for an injured or ill servicemember) under this policy during any calendar year. Eligible employees requesting leave due to the birth of a child, placement of a child for adoption or foster care, or a serious health condition of the employee, or the employee's spouse, parent or child are entitled to up to twelve workweeks, or 480 hours, of family medical leave during the calendar year. An eligible part-time employee is entitled to twelve work weeks of FMLA leave (e.g., if that person regularly worked four days per week, that person would be eligible for up to 46 work days or 384 hours of FMLA leave). The right to FMLA leave for the birth and/or placement of a child into an employee's family may only be taken within twelve months after the date of the birth or placement of the child. Married couples who work for the City If a husband and wife both work for the City and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent in-law) with a serious health condition, the husband and w'rfe may only take a combined total of 12 weeks of leave. If a husband and wife both work for the City and each wishes to take leave to care for a covered injured or ill servicemember, the husband and wife may only take a combined total of 26 weeks of leave. Concurrent Leave Employees must use any accumulated sick leave, vacation time, or paid time off (PTO) to the extent available during FMLA leave unless such leave is covered under workers' compensation, in which case the employee may use accumulated leave time only for the purpose of satisfying any waiting period. Absences in excess of these accumulated days will be treated as FMLA leave without pay. Leave taken pursuant to a disability leave plan and leave taken because of an injury or illness covered by workers compensation and sick leave (where the sick leave qualifies as FMLA leave) shall count toward FMLA leave time to the extent allowed by law. An employee using any type of paid leave concurrently with FMLA leave must follow the same terms and conditions of the City's policy that apply to other employees for the use of such leave. The employee is entitled to unpaid FMLA leave if he or she does not meet the City's conditions for taking paid leave, but the City may waive any procedural requirements for the taking of any type of paid leave. Serious Health Condition For purposes of this policy and subject to legal requirements, a serious health condition means an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two timely visits to a health care provider or one timely visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Intermittent Leave When medically necessary for a serious health condition, military caregiver leave or for a qualifying exigency, FMLA leave also is available on an intermittent or reduced schedule basis. When an employee requests intermittent leave or leave on a reduced hours basis, the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations. The City may, where consistent with legal requirements, require the employee to transfer to a temporary alternative job for which the employee is qualified and which better accommodates the intermittent leave or reduced hours leave. The temporary position will have the equivalent pay and benefits as the employee's regular job. Notice of Leave When requesting leave, the employee must: 1. Supply sufficient information to their Department Head and to Human Resources for the City to be aware that the FMLA may apply to the leave request, as well as information regarding the anticipated timing and duration of the leave; 2. Give your Department Head and Human Resources at least thirty (30) days notice, or give notice as soon as practical (generally the same or next business day) if leave starts in less than thirty (30) days or if the need for leave is not foreseeable and comply with the City's usual and customary notice and procedural requirements for requesting leave (if you are not able to notify your Department Head and Human Resources of the need for leave personally because of illness, you should ask someone else to call on your behalf, and unless impossible because of medical emergency, you should give at least a minimum of 30 minutes notice before the start of your shift for unforeseeable leave if more advanced notice is not practical). 3. Make a reasonable effort to schedule the treatment so as not to unduly disrupt the operation of the City, subject to the approval of the health care provider; and 4. Cooperate wtth all requests for information regarding whether absences are FMLA- qualifying. Failure to comply may result in leave being delayed or denied. Medical and other Certifications Employees will be required to provide a medical certification if the leave request is: 1) for the employee's own serious health condition, 2) to care for a family member's serious health condition, or 3) military caregiver leave. Failure to provide the requested certification in a timely manner may result in denial of the leave until it is provided. If an employee refuses to provide a certification, his/her leave request may be denied and the employee may be disciplined. The City, at its expense, may require a medical examination by a health care provider of its own choosing if it has a reasonable question regarding the medical certification provided by the employee. In lieu'of a second opinion, the City may contact the health care provider directly to clarify or authenticate a medical certification, including certifications for military caregiver leave. Second opinions may not be required for military caregiver leave. Separate certification may also be required regarding the nature of the family member's military service and/or the existence of a qualifying exigency. The employee must provide a copy of the appropriate certification to the City within fifteen (15) days of receipt of the form from the City. The City may require subsequent recertification on a reasonable basis consistent with legal requirements. FMLA certification forms are available from Human Resources. Fitness for Dutv Certifications Because the City wishes to ensure the well-being of all employees, any employee returning from FMLA leave for his/her own serious health condition will need to provide a Fitness for Duty (FFD) certification signed by his/her health care provider. An employee who fails to provide an FFD certification will be prohibited from returning to work until it is provided. An employee who fails to provide an FFD certification may be disciplined or terminated. ' FFD certifications may be required when an employee returns from intermittent FMLA leave if serious concerns exist regarding the employee's ability to resume his/her duties safely. Maintenance of Benefits Employees are entitled to receive benefits under the same terms and conditions as when they were on the job. In order to continue receiving benefits, employees on unpaid family and medical leave must continue making their own required contributions for such benefits. If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the City for the cost of premiums paid for maintaining coverage dur(ng the leave period to the fullest extent allowed by law. Except for certain "key employees," upon return from FMLA leave, employees will be restored to his or her original position or an equivalent position with equivalent pay, benefits and other employment terms. You will be notified if you are considered a "key employee." The City may require employees to report periodically on their status, and the intention on the part of the employee to return to work, and City may also require periodic recertification of the medical condition consistent with legal requirements. Return from Leave Upon return from leave, the employee will be restored to his/her original or an equivalent position. An employee who fails to return at the end of FMLA leave will in most cases be considered to have voluntarily resigned his/her position with the City. Employees who do not return to work at the end of their leave will be terminated unless they are entitled to additional leave as a reasonable accommodation under the Americans with Disabilities Act. Internretatlon of Policv and State and Local Laws This Policy shall be interpreted consistent with applicable iaw and regulations. The FMLA and the FMLA regulations issued by the U.S. Department of Labor contain many limitations and qualifications that are not stated in this policy. The City reserves the right to apply the terms of the FMLA and the FMLA regulations tc any individual circumstances. See Employee Rights and Responsibilities Under the Family and Medical Leave Act (WHD Publication 1420 Revised January 2009) which is attached. When state and local laws offer more protection or benefits, the protection or benefits provided by those laws will apply. If you have Further Questlons If you have further questions about FMLA leave or your entitlement to FMLA leave or if you are not sure if a particular situation qualifies for FMLA leave, please contact Human Resources.