09-12-2022 Council Packet - Laserfiche WebLink

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37 221698v1 If an employee is on a regular leave without pay and is not working any hours, the employee will not accrue (or be paid for) holidays, sick leave, or vacation leave (annual leave). Employees who are working reduced hours while on this type of leave will receive holiday pay on a prorated basis and will accrue sick leave and vacation leave (annual leave) based on actual hours worked. Leave without pay hours will not count toward seniority and all accrued vacation leave and compensatory time must normally be used before an unpaid leave of absence will be approved. To qualify for leave without pay, an employee need not have used all sick leave earned unless the leave is for medical reasons. Leave without pay for purposes other than medical leave or work- related injuries will be at the convenience of the city. Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position only for absences of thirty calendar days or less. Employees receiving leave without pay in excess of thirty calendar days, for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their original position or a position of similar or lesser status is available, it may be offered at the discretion of the city administrator subject to approval of the City Council. Section 11.16 Family and Medical Leave The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools). To be eligible for FMLA leave, an employee must work for a covered employer and: • have worked for that employer for at least 12 months; and • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and Family and Medical leave ("FMLA leave") provides up to twelve (12) weeks of unpaid leave to an eligible employee for certain family and medical reasons. Maximum Leave: An employee may take a maximum of twelve (12) work weeks of FMLA leave in any rolling twelve (12) month period. Entitlement to Leave: FMLA leave may be granted for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care; b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes the employee unable to perform the employee’s job. d. A covered military member’s active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave).