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HomeMy WebLinkAboutD-1973-09 Amend FMLA Policy Sponsors: Councilors Snyder and Rider ORDINANCE D- 1973 -09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, DIVISION I1 SECTION 2 -53 OF THE CARMEL CITY CODE WHEREAS, the federal Family and Medical Leave Act was enacted in 1993, and amended on January 14, 2009, and again on October 28, 2009; and WHEREAS, the City of Carmel has complied, and intends to comply, in all respects with the FMLA as amended; and WHEREAS, the City's written policy must be updated to reflect the latest amendments and current practice. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 2, Article 3, Division II, Section 2 -53 of the Carmel City Code should be and the same is hereby amended to read as follows: 2 -53 Leaves of Absence. (a) Family and Medical Leave. (1) Intent. It is the intent of the City to comply in all respects with the federal Family and Medical Leave Act of 1993 (FMLA), as amended. (2) Definitions. Contingency Operation shall mean any operation designated by the Secretary of Defense as one in which members of the armed forces are or may become involved in military actions, operations or hostilities against an enemy of the United States or against an opposing military force; an operation that results in a call to duty of certain members of the Armed forces from retirement, the reserves, the National Guard or state militias; or any other operation which is the result of a national emergency declared by the President or Congress. Covered Military Member shall mean an employee's Spouse, Son, Daughter or Parent on active duty or call to active duty status. 1 Covered Service Member shall mean a current member of the U.S. Armed Forces, including a member of the National Guard or a reserve component of the Armed Forces, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is on the temporary disability retired list for a Serious Injury or Illness incurred in the line of duty. A veteran who is undergoing medical treatment, recuperation or therapy for a Serious Injury or Illness sustained or aggravated in the line of duty on active duty that occurred any time during the five (5) years preceding the date of treatment, even if it did not manifest itself until after active duty, is also a Covered Service Member. Key Employee shall mean a salaried FMLA eligible employee who is among the highest paid ten percent (10 of all City employees. Next of Kin of a Covered Service Member shall mean the nearest blood relative other than the Covered Service Member's Spouse, Son. Daughter or Parent in the following order of priority: blood relatives who have been granted legal custody of the Covered Service Member, brothers and sisters, grandparents, aunts and uncles and first cousins, unless the Covered Service Member has specifically designated in writing another blood relative as his nearest blood relative for purposes of military caregiver leave under the FMLA, in which case the designated individual shall be deemed to be the Covered Service Member's only Next of Kin. Parent shall mean the biological, adoptive, step or foster father or mother of an employee, or any other individual who had day -to -day responsibilities to care for and financially support an employee when the employee was a child. This term does not include parents "in law." Qualifying Exigency shall mean any one or more of the following when it relates to an employee's Spouse. Son, Daughter or Parent (Covered Military Member) who is on active duty or who is notified of an impending call or order to active duty in support of a Contingency Operation: a) Short- notice deployment: to address any issue that arises from the fact that a Covered Military Member is notified of an impending call or order to active duty in support of a Contingency Operation seven (7) or fewer calendar days prior to the date of the deployment; or b) Military events and related activities: to attend any official ceremony, program or event sponsored by the military that is related to the Covered Military Member's active duty or call to active duty, or to attend family support or assistance programs and informational briefings sponsored by the military, military service organizations or the American Red Cross; or c) Childcare and school activities: to arrange for alternative childcare, provide childcare on an urgent, immediate needs basis, enroll in or transfer a child to a new school or day care facility or attend meetings with staff at a school or daycare 2 facility, when any of these activities is necessitated by the Covered Military Member's active duty or call to active duty; or d) Financial and legal arrangements: to make or update financial or legal arrangements to address an absence due to the Covered Military Member's active duty or call to active duty, or to act as the Covered Military Member's representative before a federal, state or local agency for the purposes of obtaining, arranging or appealing military service benefits while the Covered Military Member is on active duty or call to active duty status; or e) Counseling: to attend counseling provided by someone other than a health care provider for the Covered Military Member or a child of the Covered Military Member, provided that the need for counseling arises from the active duty or call to active duty of the Covered Military Member; or f) Rest and recuperation: to spend time with a Covered Military Member who is on short-term, temporary rest and recuperation leave during the period of deployment (eligible employees may take up to five (5) days of leave for each instance of rest and recuperation); or g) Post deployment activities: to attend arrival ceremonies, reintegration briefings and events and any other official ceremony or program sponsored by the military for a period of 90 days following termination of the Covered Military Member's active duty status, or to address issues that arise from the death of a Covered Military Member while on active duty status; or h) Additional activities: to address other events that arise out of the Covered Military Member's active duty or call to active duty status, provided that the City and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. Registered Domestic Partner shall mean an individual in a relationship that meets all the criteria established by the City of Cannel for such status, and who is properly registered with the City. With respect to a Registered Domestic Partner, an employee shall have all the FMLA rights and responsibilities laid out in this policy as they pertain to a Spouse. With respect to the dependent children of a Registered Domestic Partner, an employee shall have all the rights and responsibilities laid out in this policy as they pertain to a Son or Daughter. Rolling 12 -Month Period, which pertains to all FMLA leave except leave for the purpose of caring for a Covered Service Member, shall mean a 12 -month period measured backward from the date each incidence of FMLA leave commences. Serious Health Condition shall mean an illness, injury, impairment or physical or mental condition that involves one or more of the following: 3 a) Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity (i.e., inability to work or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or b) Continuing treatment by a health care provider, which includes: i. A period of incapacity lasting more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves: (i) treatment two (2) or more times by or under the supervision of a health care provider (i.e., in- person visits, the first within 7 days and the second within 30 days of the first day of incapacity unless extenuating circumstances exist for the latter); or (ii) one treatment by a health care provider (i.e., an in- person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment under the supervision of a health care provider; or ii. Any period of incapacity due to pregnancy or for prenatal care; or iii. Any period of incapacity or treatment of such incapacity due to a chronic, Serious Health Condition that: (i) continues over an extended period of time, (ii) requires periodic visits (at least twice a year) to a health care provider, and (iii) may involve occasional episodes of incapacity rather than a continuing period of incapacity. c) Permanent or long -term conditions: a period of incapacity that is permanent or long -term due to a condition for which treatment may not be effective; or d) Conditions requiring multiple treatments: any period of absence to receive multiple treatments by a health care provider (or recover from such treatment) for (i) restorative surgery after an accident or other injury; or (ii) a condition that would likely result in a period of incapacity of more than three (3) consecutive, full calendar days in the absence of medical intervention or treatment. Serious Injury or Illness shall mean an injury or illness incurred by a Covered Service Member in the line of duty that may render the Service Member medically unfit to perform the duties of his office, grade, rank or rating. Sick Leave shall mean the time accrued in a civilian employee's sick leave bank or the paid time off time allotted annually to sworn police officers and firefighters for health- related absences. Single 12 -Month Period, which pertains to leave for the purpose of caring for a Covered Service Member, begins the first day the employee takes FMLA leave for that purpose and ends 12 months after that, regardless of the leave year used by the City for other types of FMLA leave. 4 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 either 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. The age limit does not apply when leave is requested for a Son or Daughter who is a Covered Military Member on active duty or call to active duty status or to care for a Son or Daughter who is a Covered Service Member. Spouse shall mean a husband or wife as recognized by Indiana law, or a Registered Domestic Partner. (3) Qualifying leave (12 weeks maximum). a) An employee who has: (i) worked for the City for at least 12 months; and (ii) has worked a minimum of 1,250 hours during the 12 months immediately preceding the commencement of FMLA leave, may take up to 12 weeks of unpaid leave in any Rolling 12 -Month Period for one or more of the following reasons: i. For the birth of the employee's Son or Daughter or to care for the newborn child or a child newly placed in the employee's custody through adoption or foster care, for a period of up to one year after such birth or placement; or ii. To care for the employee's Spouse, Son, Daughter or Parent with a Serious Health Condition; or iii. Because of a Serious Health Condition that makes the employee unable to perform the functions of his position; or iv. For any Qualifying Exigency arising out of the fact that the Spouse, Son, Daughter or Parent of the employee is a Covered Military Member on active duty (or has been notified of an impending call or order to active duty) in support of a Contingency Operation. b) Leave may be taken intermittently (separate blocks of time for single qualifying reason) or through a reduced schedule (fewer hours per day or fewer days per week) for the care of the employee's Spouse, Son, Daughter or Parent with a Serious Health Condition or because of the employee's own Serious Health Condition, if medically necessary, or for a Qualifying Exigency. Intermittent leave can be taken in increments of 15 minutes or more. Intermittent or reduced schedule FMLA leave for the birth or placement of a child may be taken only with the prior written approval of the employee's department head. c) An employee on intermittent or reduced schedule leave may be required to transfer temporarily to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position. The alternate position will offer equivalent pay and benefits. 5 d) Qualifying leave taken continuously will be designated FMLA leave only after an absence of more than three (3) consecutive work days or shifts (despite the fact that a Serious Health Condition may commence after three (3) consecutive calendar days). (4) Qualifying Leave (26 weeks maximum). a) An employee who has: (i) worked for the City for at least 12 months; and (ii) has worked for a minimum of 1,250 hours during the 12 months immediately preceding the commencement of FMLA leave, may take up to 26 weeks of unpaid leave in any Single 12 -Month Period to care for a Covered Service Member with a Serious Injury or Illness incurred in the line of duty if the employee is the Covered Service Member's Spouse, Son, Daughter, Parent or Next of Kin. b) The leave entitlement to care for a Covered Service Member is applied on a per- Covered Service Member, per- injury basis. An eligible employee may be entitled to more than one 26 -week period of leave if the leave is to care for different Covered Service Members or to care for the same Covered Service Member with a subsequent Serious Injury or Illness, except that no more than 26 weeks may be taken within a Single 12 -Month Period. c) If an eligible employee does not take all of his 26 weeks of leave entitlement during the Single 12 -Month Period, the remaining part of the 26 weeks is forfeited. d) Leave to care for a Covered Service Member may be taken continuously, or, if medically necessary, intermittently or through a reduced work schedule. e) During the Single 12 -Month Period described in this section, an employee shall be entitled to a combined total of 26 weeks of leave for all FMLA- qualifying reasons, which includes no more than 12 weeks of leave during that Single 12- Month Period for one or more of the following: birth of the employee's Son or Daughter, and to care for the newborn child; placement with the employee of a Son or Daughter for adoption or foster care; to care for the employee's Spouse, Son, Daughter or Parent with a Serious Health Condition; because of a Serious Health Condition that makes the employee unable to perform the functions of his position; and /or a Qualifying Exigency. (5) Requesting and scheduling leave. a) Employees have certain notification obligations under the FMLA. While an employee need not specifically assert his rights under the FM LA or even mention the FMLA in requesting leave, the employee must provide infonnation sufficient to enable the City to determine whether the leave may be FMLA qualifying and the anticipated timing and duration of the leave. If the leave is for a condition for which the City has previously approved FMLA leave, the employee must specifically reference that qualifying reason for the leave. 6 If the employee provides at least verbal notice sufficient to make a supervisor aware that the employee needs FMLA qualifying leave, it is the responsibility of the supervisor to ensure that the employee is notified of his potential rights to FMLA- covered leave. b) Whenever foreseeable (e.g., birth or placement of child, 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 reasonable and practicable. In an emergency, notice may be given by the employee's adult family member or other responsible party. If the employee fails to provide required notice of foreseeable leave with no reasonable excuse, the City may delay the FMLA leave to the extent permitted by law. c) The City reserves the right to designate any qualifying leave as FMLA leave, regardless whether the employee has specifically requested FMLA leave. An employee who uses or plans to use more than three (3) consecutive paid or unpaid days or shifts off due to an injury, illness or health condition shall apply for, or be deemed to have applied for, FMLA leave. d) An employee is required to comply with all of his department's usual and customary notice and procedural requirements for requesting leave, absent extenuating circumstances. The employee is also expected to make a reasonable effort to schedule medical treatment and other eligible appointments and events so as not to unduly disrupt the ongoing operations of his department. (6) Documentation. a) Any employee requiring FMLA leave must complete and submit an FMLA Request Form to his department head, who shall sign the form and forward it to Human Resources. If an employee is unable to complete the form, the employee's department head may do so on the employee's behalf. b) If FMLA leave is for the employee's own Serious Health Condition, for the care of a family member with a Serious Health Condition or for the care of a Covered Service Member, a written medical certification must be obtained from the patient's health care provider (or in the case of a Covered Service Member, an authorized DOD provider). Upon receipt of an employee's properly completed FMLA Request Form, Human Resources will provide, within five (5) working days (absent extenuating circumstances), a Notice of Eligibility and Rights and Responsibilities along with the appropriate certification form for the health care provider. c) The City may, at its own expense, require a second and third medical opinion (except with respect to leave to care for a Covered Service Member) if there is a question as to the necessity for leave relating to a Serious Health Condition. The City will designate the health care provider to furnish the second opinion. A third health care 7 provider, whose decision is final and binding, must be designated or approved jointly by the City and the employee. Pending the receipt of the second or third medical opinion, the employee is provisionally entitled to the benefits of the FMLA. d) If FMLA leave is for a Qualifying Exigency, the employee must also submit a copy of the Covered Military Member's active duty orders and a certification form. Upon receipt of an employee's properly completed FMLA Request Form, Human Resources will provide, within five (5) working days (absent extenuating circumstances), a Notice of Eligibility and Rights and Responsibilities along with the appropriate certification form for the employee. e) The Notice of Eligibility and Rights and Responsibilities will indicate, among other things: i. whether the employee is eligible for FMLA leave, and, if not, why not; and ii. the employee's specific obligations with respect to FMLA leave, and the consequences of a failure to meet these obligations. Any certification forms required to complete the leave application process will be included with the Notice. f) After all required documentation is provided by the employee and /or his health care provider, Human Resources will send a Designation Notice, informing the employee whether or not his leave will be designated FMLA qualifying. g) All certification forms will be supplied by Human Resources and will comply with U.S. Department of Labor guidelines. If an employee fails to provide the required certification in a timely manner, the employee may be denied FMLA leave until such certification is provided. h) When an employee's need for intermittent leave due to the employee's own Serious Health Condition or that of a family member lasts beyond a single Rolling 12 -Month Period, the City may require the employee to provide a new medical certification in each subsequent 12 -month period in compliance with applicable law and regulation. i) An employee may also be required to periodically provide a recertification. The City may require such recertification no more frequently than every 30 days, and only in connection with an absence by the employee, except in the following circumstances: i. More than 30 days: If the medical certification indicates that the minimum duration of a condition is more than 30 days, the City will wait until the 8 minimum duration passes before requesting a recertification. However, in no case is the City required to wait more than six months before requesting a recertification. ii. Less than 30 days: The City may request recertification in less than 30 days if the employee requests an extension of the leave, the circumstances described by the previous certification have changed significantly, or the City receives information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification. j) If an employee is requesting leave to care for a family member with a Serious Health Condition, for a Qualifying Exigency, or to care for a Covered Service Member, the City may require the employee to provide reasonable documentation of the requisite family relationship. k) To facilitate the communication required by FMLA absences, an employee may be required to make periodic contact with his supervisor or another designated member of management throughout his absence. Any employee on FMLA leave who is away from the address on file with the City's payroll office for a period of more than three (3) days shall notify the contact person of the phone number and address at which he can be reached. (7) Compensation and benefits under the Family and Medical Leave Act. a) Leave taken under the FMLA is unpaid. It is, however, the policy of the City to require employees to substitute other applicable earned or accrued paid time, as set forth below, for all or part of the unpaid leave. Such paid leave shall run concurrently with FMLA leave and shall count against the employee's leave entitlement under the FMLA. i. For the birth or placement of a Son or Daughter (not including the actual childbirth, which is treated as a Serious Health Condition) or for a Qualifying Exigency, a civilian employee is required to exhaust all PTO in lieu of unpaid leave under the FMLA; a sworn police officer or firefighter is required to exhaust all vacation time. Any employee may elect, but is not required, to use other paid leave, such as compensatory time off and /or floating holidays prior to beginning unpaid FMLA leave. The employee may not use Sick Leave for the birth or placement of a child. ii. For a Serious Health Condition that makes an employee unable to perform the essential functions of his job, to care for the employee's Spouse, Son, Daughter or Parent with a Serious Health Condition, or to care for a Covered Service Member, a civilian employee is required to use PTO until his PTO balance is 75 hours or less and then to exhaust all his Sick Leave in lieu of unpaid leave under the FMLA; a sworn police officer or firefighter is required to exhaust his Sick Leave. Any employee may elect, but is not required, to use his remaining PTO /vacation time and /or other paid leave, such as compensatory time off and floating holidays, prior to taking unpaid FMLA leave. 9 b) Exceptions to the compensation policy stated in Section (a) above: i. An employee who refuses a suitable light duty assignment will not be allowed to use Sick Leave for his own Serious Health Condition. Other paid leave, including PTO /vacation, compensatory time off and floating holidays, may be used with the written permission of the employee's department head. ii. Sworn police officers and firefighters 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 return from leave. Reserved hours are subject to all restrictions normally placed upon Sick Leave. c) Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commences. d) The following benefits are not affected during unpaid FMLA leave: i. Group health insurance coverage will continue on the same basis as coverage would have been provided had the employee been actively employed during the leave period, as long as the employee pays his regular portion of the premium on a timely basis. Failure to pay or timely pay such premiums during leave may result in loss of health insurance coverage. An employee who does not return to full -time work for a period of at least 30 calendar days at the end of the leave, unless the reason the employee does not return is beyond his control, will be expected to reimburse the City for health insurance premiums paid by the City during the leave period. The City shall take action to collect such payments to the extent permitted by law. An employee who chooses not to retain the City's health coverage during FMLA leave will be entitled, upon return from leave, to reinstatement on the same terms as prior to taking the leave. ii. 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. iii. Long -term disability insurance will continue on the same basis as coverage would have been provided had the employee been actively employed during the leave period, as long as the employee pays his premium on a timely basis. Failure to pay or timely pay such premiums during leave may result in loss of long -term disability insurance coverage, and the employee may be required to provide proof of insurability before coverage is reinstated. iv. Although the employee and employer contributions to the Public Employees Retirement Fund will be interrupted during an unpaid leave of absence, no break shall be reflected in the employee's service credit. 10 v. An employee will continue to accrue longevity service credit from the City while on eligible leave. However, the employee will not receive longevity pay during the leave of absence. e) The following benefits are affected during an unpaid FMLA leave: i. A civilian employee shall not accrue PTO for any bi- weekly pay period during which the employee is paid for fewer than 75 hours (80 hours for golf course employees). ii. An employee shall not receive holiday pay for any holiday that falls during a period of unpaid leave. (8) Returning frorn FMLA leave. a) The City may require an employee on FMLA leave to report periodically on his status and intent to return to work. If the circumstances change and it becomes necessary for an employee to take either more or less leave than originally anticipated, the employee is required to provide notice of the changed circumstances within two (2) business days. If an extension is requested a recertification may be required. In no case may the employee be required to take more leave than necessary to resolve the circumstance that precipitated the need for leave. b) In general, upon return from FMLA leave an employee is entitled to be reinstated to the same position he held when leave commenced, or to an equivalent position with equivalent pay, benefits, working conditions and other terms and conditions of employment. In addition, the position in which the employee is placed will have substantially similar duties, skill, effort, responsibility and authority. The right to reinstatement is not absolute reinstatement may be denied if: i. The employee would not have been employed by the City at the time reinstatement is requested even if he had not taken leave; or ii. The reinstatement of a Key Employee will cause substantial and grievous economic injury to the operations of the City; or iii. The employee is unable to perform an essential function of his position or an equivalent position, with or without reasonable accommodation, because of a physical or mental condition; or iv. FMLA leave has been fraudulently obtained. c) An employee who has taken leave for his own Serious Health Condition is required to provide a medical certification from the health care provider stating that the employee is able to resume work. The City may require that the certification specifically address the employee's ability to perform the essential functions of his job, in which case 11 the City will provide the employee with a list of essential job functions to facilitate this requirement. If the employee fails to provide a fitness- for -duty certification, return from leave shall be denied until the certificate is submitted. At the City's discretion, an employee who fails to provide either a fitness for -duty certification or a new medical certification for a Serious Health Condition may be terminated. d) If the City questions an employee's ability to resume work, it may, at its own expense, require a medical examination that is job related and consistent with medical necessity. e) If an employee gives unequivocal notice of intent not to return to work, the City's obligations under FMLA to maintain health benefits and to restore the employee to his position cease. (9) Limitations on FMLA leave. a) An employee who is taking FMLA Leave for his own Serious Health Condition shall not engage in outside employment during the period of leave. b) In the case of Spouses who are both eligible City employees, FMLA leave taken by such Spouses in any Rolling 12 -Month Period shall be limited to a combined total of 12 weeks if the leave is taken for the birth or placement of a Son or Daughter, to care for a Parent with a Serious Health Condition or due to a Qualifying Exigency. If the leave is taken to care for a Covered Service Member, or for a combination of caring for a Covered Service Member and for any other qualifying reason, such Spouses are limited to a total of 26 weeks of leave in a Single 12 -Month Period. c) Entitlement to FMLA leave for the birth or placement of a child into an employee's family shall expire at the end of the 12 -month period beginning on the date of birth or placement. d) Any period of leave that extends beyond 12 weeks in a Rolling 12 -Month Period (or 26 weeks in a Single 12 -Month Period to care for a Covered Service Member) is not FMLA- eligible. After the 12 week (or 26 week) entitlement is exhausted, an employee is no longer entitled to the protections of the FMLA. (10) Non- discrimination/retaliation. a) The City will not interfere with, restrain or deny the exercise of any right provided under the FMLA; discharge or discriminate against any person for opposing any practice made unlawful by the FMLA; or discharge or discriminate against any person for his involvement in any proceeding under or related to the FMLA. b) Any employee who believes that the City has violated the foregoing may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against 12 the City. The City requests, however, that employees bring any such complaints first to the attention of their department head or to Hunan Resources to allow for resolution. The FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement that provides greater family or medical leave rights. (b) Military Family Leave. (1) Purpose. An employee who has a family member ordered to active military duty, but who does not meet the FMLA criteria for a Qualifying Exigency, may be eligible for leave under the Indiana Military Family Leave Act (IMFLA), which provides eligible employees with an unpaid leave of absence to spend time with certain family members who are engaged in or called to active military service. (2) Eligibility. An eligible employee under 1MFLA is an employee who: (i) has been employed by the City for at least 12 months; (ii) has worked at least 1,500 hours during the 12 -month period immediately preceding the leave; and (iii) is the Spouse, Parent, grandparent, sibling, court- appointed guardian or custodian (as construed according to the statute) of an individual who is ordered to active military duty in the Armed Forces of the United States or the National Guard for a period that exceeds 89 consecutive calendar days. (3) Qualifying leave. An eligible employee may take up to ten (10) cumulative working days of unpaid leave per calendar year during one or more of the following periods: a) The 30 days before active duty orders are in effect; b) A period in which the person ordered to active duty is on leave while active duty orders are in effect; and /or c) The 30 days after the active duty orders are terminated. An employee who is eligible for ten (10) or more days of FMLA leave for a Qualifying Exigency that also qualifies as covered leave under the IMFLA shall not also be eligible for IMFLA leave in the same calendar year. (4) Documentation. An employee requesting leave under this policy must submit a Military Family Leave Request Form, with a copy of the active duty orders attached, at least 30 days prior to the beginning date of the leave (unless the orders are issued less than 30 days before the requested leave date). The City may require verification of eligibility for the leave. If the employee does not provide verification of eligibility on a timely basis, the absence shall be considered unexcused and may lead to disciplinary action. 13 (5) Compensation. Although leave taken under the IMFLA is unpaid, the City requires an employee to substitute paid leave, including PTO /vacation, compensatory time off and /or floating holidays, for unpaid military family leave. Such paid leave shall run concurrently with IMFLA leave and shall be counted against the employee's leave entitlement under the IMFLA. Sick Leave may not be substituted for unpaid leave under the IMFLA. (6) Reinstatement. An eligible employee who takes leave under the IMFLA and who returns to work before his IMFLA leave entitlement has expired will be restored to the position the employee held when the leave commenced or to an otherwise equivalent position with respect to seniority, pay, benefits and other terms and conditions of employment. The City will maintain health insurance coverage for an employee who takes IMFLA for the period of such leave. (7) Non discrimination. The City will not interfere with, restrain or deny an employee's exercise of rights under the IMFLA. (c) Other Employee- Initiated Leaves. (1) Leave requests. a) Unpaid 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. Such leave shall not exceed six (6) months in any 24 -month period. All leave requests must be in writing. b) Leave requests of two (2) consecutive calendar weeks or Less may be approved by the department head, who may require that all applicable accrued paid leave be exhausted by an employee before unpaid leave commences. c) Requests for leave of longer than two (2) 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 own behalf at the Board meeting. All applicable accrued paid leave must be exhausted prior to requesting unpaid leave of more than two (2) consecutive weeks in length. d) 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. (2) Benefits while on leave. a) If an employee is on unpaid leave less than the two (2) full pay periods (4 weeks) under this policy, the City will continue to pay its designated portion of the employee (and family, if applicable) health insurance premium. The remaining portion will be paid by the employee. Beginning with the third consecutive pay period of unpaid 14 leave, the employee will be required to pay 100% of required employee and employer insurance premiums. (An employee will not be allowed to circumvent the requirement of paying his entire health insurance premium by returning to work in the middle of a leave period.) All bi- weekly premiums are due on payday unless alternate arrangements are made with the Clerk Treasurer's Office. b) 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. c) 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 unless alternate arrangements are made with the Clerk Treasurer's Office. d) A civilian employee shall not accrue PTO for any bi- weekly pay period during which the employee is paid for fewer than 75 hours (80 hours for golf course employees). e) An employee will not receive holiday pay while he is on unpaid leave. 0 PERF service credit during a leave of absence is calculated according to PERF regulations. (3) Returning from leave. Provided an employee returns to work by his scheduled return date, no further documentation or notification is necessary, unless the leave is for medical reasons. 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. (d) Disciplinary Leave. An employee who is placed on unpaid leave for disciplinary reasons, or pending resolution of criminal charges shall accrue and /or receive benefits as outlined above for employee- initiated leave. Except, however, that benefits for sworn police officers and firefighters shall be consistent with all requirements of Indiana Code." Section 3. This Ordinance shall be in full force and effect on and after its passage and signing by the Mayor. Section 4. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 5. If any portion of this Ordinance is declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction such unconstitutionally, invalidity or unenforceability shall not affect any of the remaining portions of same. 15 PASSED by the Common Council of the City of Carmel, Indiana this 7 of 2009, by a vote of 7 ayes and n nays. Remainder of page intentionally left blank 16 COMMON COUNCIL FOR THE CITY OF CARMEL i r /j�_ :.v im:; its Presiding Officer C otep. .Griffiths :41, AI i ce traisw W. Eric Seidens cker, Pr- empore evin Rider VI 4 Jo' 4 V. Accetturo Richard L. Sharp Ronald E. Carter .ci Snyd. AT Tc- a r Diana L. Cordray, IAMC, CI rk- Treasurer Presented by me to the Mayor of the City of Cannel, Indiana this day of �.SZ.cRm.Uah 2009, at 1 P.M. 1 C 7t*a Y Diana L. Cordray, IAMC, Clerk-T esurer Approved by me, Mayor of the City of Cannel, Indiana, this II d of i2c- c.4i7267 2009, at is /1.M. l ies Brainard, Mayor ATTE T: '1 Diana L. Cordrayp C, Clerk- Treasurer Prepared by: Barbara A. Lamb, Director of Human Resources 17