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Fit for duty: The City may require a medical certificate attesting to the employee's <br />fitness for duty prior to return to work. The fitness for duty report must be based on the <br />particular health condition(s) for which the leave was approved and must address whether the <br />employee can perform the essential functions of his/her regular job. The City Administrator may <br />consult with a physician or other expert to determine reasonable accommodations for any <br />employee who is a "qualified disabled" employee under the Americans with Disabilities Act <br />(ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is <br />provided. <br />Birth or Adoption: Eligibility for leave after birth, placement for adoption or foster care, <br />expires twelve (12) months after the birth, adoption, or foster care placement. If the child must <br />remain in the hospital longer than the mother, the leave may begin at any time up to six (6) <br />weeks after the child leaves the hospital. <br />Military Family Leave <br />An eligible employee, as defined in the FMLA, shall be entitled to the following Military <br />Family Leave under the FMLA: <br />Qualifying Exigency: An eligible employee may take a total of twelve (12) work weeks <br />of unpaid leave during a rolling twelve (12) month period because of any qualifying exigency, as <br />defined in the FMLA, arising out of the fact that the spouse, a son, a daughter, or a parent of the <br />employee is on active duty in the Armed Forces in support of a contingency operation. The <br />employee must provide notice to the City as soon as practicable that they will be taking FMLA <br />leave. The City requires the employee to provide a "Certification of Qualifying Exigency for <br />Military Family Leave," which is available from the City Administrator. <br />Military Caregiver Leave: An eligible employee is entitled to a total of twenty-six (26) <br />work weeks of unpaid leave during a single twelve (12) month period to care for a <br />servicemember, as defined in the FMLA. For purposes of Military Caregiver Leave, an eligible <br />employee is the spouse, son, daughter, parent or next of kin of a covered servicemember. The <br />employee must give the City at least thirty (30) days advance notice that they will be taking <br />FMLA leave. In unexpected or unforeseeable situations, the employee should give as much <br />notice as is practicable. The City requires the employee to provide a "Certification for Serious <br />Injury or Illness of a Covered Servicemember for Military Family Leave," which is available <br />from the City Administrator. <br />Leave may be taken intermittently or on a reduced schedule when it is medically <br />necessary. If an employee requests intermittent leave or leave on a reduced schedule that is <br />foreseeable due to medical treatment, the employee may be temporarily transferred to another <br />position if the position has equivalent pay and benefits and better accommodates the recurring <br />periods of leave. Any such transfer is subject to a collective bargaining agreement. <br />36 <br />142286x12 <br />