08-26-2024 CC Agenda Packet - Laserfiche WebLink

Home Browse Search

Page 44 of 150 Serious Health Condition: A serious health condition is an illness or injury that is defined in the FMLA. For leaves taken because of the employee's or a covered family member's serious health condition, the City requires that either a "Certification of Health Care Provider for Employee’s Serious Health Condition" or "Certification of Health Care Provider for Family Member’s Serious Health Condition" form be completed within fifteen (15) days, which are available from the Finance Department. In addition, the City may require periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to medical treatment, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Fit for duty: The City may require a medical certificate attesting to the employee’s fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. FMLA is unpaid leave. Employees must to use any accrued sick leave during their FMLA leave. Use of accrued leave time does not extend the FMLA leave beyond the allowed 12 weeks. FMLA Section 11.17 Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable break times to express milk for her infant child during the twelve months following the birth of the child, unless it would cause undue business disruption. The paid break time times must, if possible, run concurrently with any break time times already provided. Nursing mothers and lactating employees will be provided reasonable paid break times (which may run concurrently with already provided break times) to express milk. The city will provide a clean, private and secure room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting nursing rights or remedies. Section 11.18 Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the city administrator on a case-by-case basis. This policy does not guarantee assignment to light duty. Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the city administrator. The city administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician’s report containing a diagnosis, current 103