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HomeMy WebLinkAboutD-1490-00 Family LeaveSponsored by: Councilor Battreall Ordinance D- 1490-00 AN ORDNANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDiNG CHAPTER 2, ARTICLE 3, DIVISION II, SECTION 2-47 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel wishes to provide its employees leave opportunities to meet health and family obligations; and WHEREAS, the Family and Medical Leave Act of 1993 (FMLA) mandates the provision of leave under certain circumstances and conditions; and WHEREAS, employees may require leave for reasons other than those covered under the FMLA; and WHEREAS, consistency in granting employee leave is of paramount importance to the City in terms of employee equity. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carreel, Indiana, as follows: 1. Chapter 2, Article 3, Division II, Section 2-47 is amended to read as follows: Sec. 2-47 Leaves of Absence "A. Family and Medical Leave It is the intent of the City of Camel to comply in all respects with the federal Family and Medical Leave Act of 1993 (FMLA). Definitions i. Spouse shall mean a husband or wife as recognized by Indiana law. ii. Son or Daughter shall mean a biological, adopted or foster child, a step child, a legal ward or a child of a person standing in place of a parent who is under 18 years of age or who is 18 years of age or older and incapable of self-care because of a mental or physical disability. iii. Parent shall mean the biological parent of an employee, or an individual who stood in the place of a parent of an employee when the employee was a child. Serious Health Condition shall mean a physical or mental illness, injury, impairment or condition that requires inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider. The latter includes a period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) for a period of more than three (3) consecutive calendar days that also involves treatment two (2) or morn times by a health care provider or treatment on at least one (1) occasion that results in a regimen of continuing treatment. EligibiliW An employee who has worked for the City for at least twelve (12) months and for a minimum of 1,250 hours during the twelve (12) months immediately preceding the commencement of FMLA leave may take up to twelve (12) weeks of unpaid leave in any rolling twelve (12) month period, as described below, for the following reasons: i. For birth of the employee's son or daughter, and to care for the newbom child; ii. For placement with the employee of a son or daughter for adoption or foster care; iii. To care for the employee's spouse, son, daughter or parent with a serious health condition; or iv. Because of a serious health condition that makes the employee unable to perform the essential functions of his or her job. The twelve (12) month period for taking leave will be a rolling twelve (12) month period, measured backward from the date an FMLA leave commences. Leave may be taken all at once or, with approval, intermittently or through a reduced work schedule. Leave taken intermittently or through a reduced schedule is permitted for the care of the employee's spouse, child or parent with a serious health condition, or because of the employee's own serious health condition, whenever medically necessary. Intermittent or reduced schedule FMLA leave for the birth or placement of a child may be taken only with the prior approval of the Board of Public Works and Safety. Reouesting Leave The City reserves the right to designate any qualifying leave as FMLA leave regardless of whether the employee has specifically requested FMLA leave. An employee who uses or plans to use more than five (5) consecutive sick days shall apply for, or be deemed to have applied for, FMLA leave. Whenever foreseeable (e.g., birth or child placement, planned medical care), the employee shall provide the department head with not less than 30 days advance notice of intended FMLA leave. If circumstances prevent providing 30 days advance notice, the employee shall provide as much notice as is reasonably possible. In addition, the employee shall make every reasonable effort to schedule medical trealment so as not to disrupt the ongoing operations of the department. If the employee falls to provide required notice of foreseeable leave with no reasonable excuse, the City, in its discretion, may deny the raking of leave until the employee provides adequate notice of the leave. 2 All leave requests shall be in writing. An employee, with the aid of his or her department head, must submit an FMLA leave of absence request to the Director of Human Resources. If the employee is unable to complete the form due to a medical emergency, the department head may do so on the employee's behalf. Completed requests will be reviewed by the Director of Human Resources, or, in the Director's absence, by the City Attomey, who shall respond within two (2) working days of receipt of same. If the leave is approved, the Director of Human Resources or City Attomey shall provide the employee with written notice detailing the specific rights and obligations of the employee. If FMLA leave is for the care of an employee's spouse, child or parent with a serious health condition or the employee's own serious health condition, a written medical certification must be obtained from the health care provider and submitted along with the leave of absence request form. Certification from the health care pmvider shall include: i. The date the serious health condition began; ii. The probable duration of the condition; iii. Pertinent medical facts within the knowledge of the health care provider regarding the condition; iv. Ifthe leave is required forthe employee's own serious health condition, astatement that the employee is unable to perform the essential job functions of his or her job; If the leave is required for the care of the spouse, child or parent, a statement that the employee is needed to provide the care and an estimate of the amount of time the need will continue; vi. In the case of intermittent leave or leave on a reduced hours basis for planned medical treatment, the date(s) the treatment is expected to be given and the duration of the treatment. If the employee fails to provide the required medical certification in a tunely manner, the employee may be denied leave until such certification is provided. The City may, at its own expense, require a second and third medical opinion as regards the medical condition at issue. Additionally, employees may be required, in the City' s sole discretion, to report periodically on the status of their (or their family member's) condition and their plans for retuming to work. Comoeusation and Benefits under the Family and Medical Leave Policy Leave taken under the Family Medical Leave Policy is unpaid. It is, however, the policy of the City to require employees to substitute other applicable eamed or accrued paid time, as set forth below, for all or part of the unpaid leave and count it against the employee's maximum twelve (12) week leave entitlement under the FMLA. For the birth or placement of a child (not including the actual pregnancy and childbirth, which are covered under Section iii below), the employee is required to exhaust all accrued vacation time before the unpaid portion of the FMLA leave commences. The employee may elect, but is not required, to use accrued holidays and compensatory time off. The employee may not me accrued sick time under this section. ii. To care for the employee's spouse, child or parent with a serious health condition, the employee is required to exhaust all accrued sick time before the unpaid portion of the FMLA leave commences. The employee may elect, but is not required, to use accrued vacation, holidays and compensatory time off. iii. For a serious health condition that makes the employee unable to perform the essential functions of his or her job, the employee is required to exhaust all accrued sick time and then all time off provided under the Police and Fire Department Catastrophic Medical Leave Bank Policy before the unpaid portion of the leave commences. (For civilians, a period during which short-term disability and long-term disability benefits are paid by an insurance company is considered unpaid leave.) The employee may elect, but is not required, to use accrued vacation, holidays and compensatory time off. The above requirement notwithstanding, a swom member of the Carmel Police Department or the Carmel Fire Depamnent whose sick leave for the entire year would otherwise be exhausted by using FMLA leave may choose to reserve five (5) hours of sick leave for each full or partial month remaining in the calendar year at the time of the retum from leave. Reserved hours are subject to all restfictions normally placed upon sick leave. Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commences. The following benefits are not affected during unpaid FMLA leave: Employee's longevity (though unpaid while on leave) will continue to accrue showing no break in service while the employee is on eligible leave. The employee's regular base salary and longevity pay shall commence upon his or her remm. ii. Group health insurance coverage will continue on the same basis as coverage would have been provided had the employee been continuously employed during the leave period as long as the employee pays his or her regular portion of the premium on a timely basis. Failure of the employee to remm to work at the end of the leave shall give the City the right to collect the employer-paid portion of premium contributions made while the employee was on leave, to the extent permitted by law. iii. Group term life insurance, accidental death and dismemberment insurance and short-term disability insurance (civilian employees only) will remain in force at the City's expense. The following benefits are affected during an unpaid FMLA leave: 4 Although the employee's and employer' s contributions to the Public Employees Retirement Fund (PERF) shall be interrupted during an unpaid leave of absence, no break shall be reflected in the employee's service credit. ii. An employee shall not accrue vacation time for any month for which the employee is on unpaid leave for one-half of the month ( 15 days) or more. iii. An employee shall not accrue sick time for any month for which the employee is on unpaid leave for one-half of the month (I5 days) or more. iv. An employee shall not receive holiday pay for any holiday that falls during a period of unpaid leave. Remmin~ from FMLA Leave During FMLA leave, every effort will be made by the City to hold the employee's position open until he or she retums to work. However, based upon the necessity of continuing operations during the employee' s absence, the City may choose to fill any non-elected position. If the position is filled while the employee is on leave, upon retmrn the employee will be placed in an equivalent position with equivalent benefits, pay and other terms and conditions of employment. In addition, the position in which the employee is placed will have substantially similar duties, responsibilities, skill, effort and authority. An employee who has taken leave for his or her own serious health condition is required to provide a medical certification from the health care pmvider stating that the employee is able to remm to work. If the employee fails to provide a fitness-for-duty certification, retum from leave may be denied until the employee submits the certificate. Special Rules Related to FMLA Leave In the case of spouses who are both eligible City employees, FMLA leave taken by such spouses in any twelve (12) month period shall be limited to a combined total of twelve (12) weeks if the leave is taken for the birth or placement of a child or to care for a parent with a serious health condition. Entitlement to FMLA leave for the birth or placement of a child into an employee's family shall expire, and all such leave time shall be concluded, by the end of the twelve (12) month period beginning on the date of birth or placement. An employee taking FMLA leave intermittently or by working a reduced schedule may be temporarily transferred to an available altemate position with equivalent pay and benefits if the employee is qualified for the position and if it better accommodates the recarring periods of leave. B. Other Employee-Initiated Leaves Leave Requests Leaves of absence may be granted for reasons other than health, for health reasons that do not meet FMLA criteria, or for individuals who do not qualify for FMLA leave. All leave requests must be in writing. Leave requests of two (2) consecutive calendar weeks or less may be approved by the department head, who may require that all applicable paid leave be exhausted by an employee before unpaid leave commences. All leave applications shall be placed in the employee's personnel file in Human Resources. Requests for leave of longer than two weeks must be submitted to the department head. The department head will put the request on the Board of Public Works and Safety agenda and will make a recommendation to the Board. The employee may also speak on his or her own behalf at the Board's meeting. All applicable paid leave must be exhausted prior to requesting unpaid leave of more than two (2) consecutive weeks in length. All leave applications shall be placed in the employee's personnel file in Human Resources. Every leave not mandated by state or federal law is contingent upon the ability of the City to maintain adequate staffing during an employee' s absence. Benefits While on Leave For any month in which an employee is working or on paid leave less than the full month, the City will continue to pay its designated portion of the employee (and family, if applicable) health insurance premium. The remaining portion will be deducted from the employee's pay, if a paycheck is issued, or will be paid directly by the employee if no paycheck is issued. For any month in which the employee is on unpaid status the entire month, he or she will be required to pay 100% of required insurance premium. (An employee will no_it be allowed to return to work for one day a month in the middle of a leave period to avoid paying the entire health insurance premium.) All bi-weekly premiums are due on payday. An employee will accrue vacation or sick leave for any month in which he or she is on paid status for one-half of the month (15 days) or more. An employee will not receive holiday pay while he or she is on unpaid leave. The City will continue to pay premiums for group term life insurance, accidental death and dismemberment insurance and short-term disability insurance (civilian employees only) during the leave of absence. Optional long-term disability payments (civilian employees only) must be paid by the employee on a bi-weekly basis. All bi-weekly premiums are due on payday. 6 PERF service credit during a leave of absence is calculated according to PERF regulations. ReturninK from Leave Provided an employee returns to work by his or her scheduled return date, no further documentation or notification is necessary, unless the leave is for medical reasons not covered by FMLA. In that case, the employee's physician must release the employee to return to work. Leave extensions must be granted by the department head or the Board of Public Works and Safety, as outlined above, based upon the total length of the leave requested and/or taken. C. Disciplinary Leave An employee who is placed on unpaid leave for disciplinary reasons, either by the department head or the Board of Public Works and Safety, shall accrue and/or receive benefits as outlined in Section B above. An employee who is placed on unpaid leave pending the resolution of criminal charges shall also accrue and/or receive benefits as outlined in Section B above." This Ordinance shall be in full force and effect on passage by the Common Council, execution by the Mayor and such publication as may be required by law. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. PASSED by the Common Council of the City of Carmel, Indiana, this fro~'i day of )Xd~cvc~ ,r~c,%~ z" ,2000, by a vote of ~' ayes and ~9 nays. Robert Battreall , R°nZld ?~? Wayn~ WilSon~'' ( 7 TES;~,~q~U/ ? , AT fL~.. Diana L. Cordray, IAMC, Clerk-Tre~er Approved b me, Mayor of the /es~ralnard/(~ayor of the City of Carmel, Indiana the ~.~_7d~ day of iana . or ra , , er - r urer Ci el a day of ATTEST: '~ ~ Diana L.Cordray, IAMC, Clerksurer