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HomeMy WebLinkAboutOrdinance #1559ORDINANCE NO. 1559 AN ORDINANCE ADOPTING A FAMILY AND MEDICAL LEAVE POLICY FOR THE CITY OF CANTON, ILLINOIS WHEREAS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the attached Family and Medical Leave Policy for the City of Canton be adopted; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the Family and Medical Leave Policy, a copy of which is attached as Exhibit A, is hereby approved by the Canton City Council. 3. That the Mayor is hereby directed to execute and deliver the same on behalf of the City of Canton. 4. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 2nd day of September , 1997 upon a roll call vote as follows: AYES: Aldermen Hartford, Molleck, Sarff, Meade, Nidiffer, Tay. Shores, NAYS: None . ABSENT: A7-derm~z Phillips . APPROVED: ~c-C" Donald E. Edwards, Mayor ATTEST: Nanc Whit ,City Clerk. FAMILY AND MEDICAL LEAVE POLICY Pursuant to the Family and Medical Leave Act of 1993, the City will provide up to twelve weeks of leave for employees eligible for such leave. The following policy outlines the requirements for obtaining leave, the amount of leave that may be taken, and how the leave relates to other time off provided by the City. Eligibility - Employees who have at least twelve months' service at the City and who have worked at least 1250 hours in the twelve months preceding the date the requested leave is to begin are eligible for family/medical leave. Employees who do not satisfy these requirements are not eligible for family/medical leave, but may be eligible for other unpaid leave in accordance with City policy. Employees may take family/medical leave in the following circumstances: - To care for a newborn child so long as leave is completed by the child's first birthday; - Placement of a child for adoption or foster care so long as the leave is completed by one year following initial placement; - To care for a spouse, child, or parent of an employee who requires such care because of a serious health condition; or, - Because the employee has a serious health conditian which renders him or her unable to perform his or her job. Amount of family/medical leave - In no event can family/medical leave last for longer than twelve weeks. Employees on family/medical leave will be required to exhaust all accrued but unused vacation and sick leave before being placed on unpaid status. No additional vacation or sick leave will accrue while an employee is on family/medical leave. However, upon returning to work, employees will continue to accrue both vacation and sick leave. An employee who is taking family/medical leave on account of his or her serious medical condition or the serious medical condition of a spouse, child, or parent may take leave intermittently or on a reduced-schedule basis. Where necessary, and if available, an employee on intermittent or reduced schedule may be transferred to another position, with no loss in pay or benefits, which will more easily accommodate the need for the leave. Employees taking family/medical leave for any other reason are not entitled to leave an an intermittent or reduced-schedule basis. Health and other insurance benefits - During family/medical leave, an employee's health insurance will continue on the same basis as when the employee was on active status. If this requires employee contribution for health insurance, the employee must make timely premium payments in order to maintain insurance for himself/herself and dependents. The City will work with the employee to determine the most appropriate method for payment of premiums. If an employee voluntarily decides not to return from family/medical leave, the City is entitled to collect all health premiums paid during the family/medical leave from the employee, unless otherwise provided for by law. It may be necessary for the employee to continue other benefits as well, such as disability or life insurance, in order to be entitled to the same coverage upon return from leave. Employees will be required to pay premiums for any coverage which must be continued during the leave. The City will work with the employee to determine the most appropriate method for payment of premiums. Notice of leave - An employee seeking leave must provide, to the extent practicable, thirty days' notice that he or she intends to take family/medical leave. If an employee does not provide at least thirty days' notice, an explanation must be provided as to why less notice was given. The City may either permit the employee to begin leave as requested, or require the employee to wait until thirty days after notice was provided to begin leave. Forms for notifying the City of the need for leave are available in the City Clerk's Office. Condition of need for leave - Each employee requesting family/ medical Leave on account of a medical condition of the employee, spouse, child, or parent must provide certification from a health care provider which sets forth: - The date the serious health condition commenced and the health care provider's best medical judgment concerning the probable duration of the condition; - Diagnosis of the serious health condition; - A brief statement of the regimen of treatment prescribed for the condition by the health care provider (including estimated number of visits, nature, frequency and duration of treatment, and treatment by another provider of health services on referral by or order of the health care provider); - Indication of whether inpatient hospitalization is required; - That the employee is unable to perform his or her job because of the health condition, or that the employee is needed to care for the spouse, child, or parent; and - If intermittent or reduced-leave schedule is requested, the dates of expected medical treatment and the duration of such treatment. Forms for medical certifications are available in the City Clerks Office. This form must be provided within fifteen days after the request for leave is made. Employees who do not provide this information in a timely manner may be denied leave. Reinstatement - At the beginning of the family/medical leave, the employee is to inform the City of his or her expected return date. To the extent possible, employees will be returned to the same position occupied before the leave begins. If, however, that position is not available, employees returning from leave will be offered an equivalent position in the City. An equivalent position is one that is equivalent in terms of pay, benefits, and terms and conditions of employment. If the employee takes leave on account of his or her serious medical condition, the employee will be required to present a medical certification of his or her fitness for duty before being permitted to return. If an employee fails to provide that certification within fifteen days after the conclusion of the leave, the employee will be terminated. ~' EMPLOYER RESPONSE TO EMPLOYEE REQUEST FOR FAMILY OR MEDICAL LEAVE • ~ ~ (Family and Medical Leave Act of 1993) ~ Date: To: (Employee's Name) From: (Name of Appropriate Employer Representative) Subject: REQUEST FOR FAMILY/MEDICAL LEAVE (Title) INSTRUCTIONS: EMPLOYER REPRESENTATIVE TO CHECK APPROPRIATE BOXES, INSERT DATES, AND EXPLAIN WHERE INDICATED. On you notified us of your need to take family/medical leave due to: (Dare) ^ the birth of your child, or the placement of a child with you for adoption or foster care; or ^ a serious health condition that makes you unable to perform the essential functions of your job; or ^ a serious health condition affecting your ^ spouse, ^ child, ^ parent, for which you are needed to provide care. You notified us that you need this leave beginning on until on or about (Dare) (Date) and that you expect leave to continue Except as explained below, you have a right under the FMLA' for up to 12 weeks of unpaid leave in a 12-month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If you do not return to work following FMLA leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your FMLA leave. This is to inform you that: (check appropriate boxes; explain where indicated) 1. You are ^ eligible ^ not eligible for leave under the FMLA. 2. The requested leave ^ will ^ will not be counted against your annual FMLA leave entitlement. 3. You ^ will ^ will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by (Must be at least 15 days after (Date) you are notified of this requirement) or we may delay the commencement of your leave until the certification is submitted. 'Family and Medical Leave Act of 1993 Please see reverse. ®Copyright 1994, 1995-V.W. EIMICKE ASSOCIATES, INC., Bronxville, N.Y. Form FML-33 Tel. (914) 337-1900, Fax (914) 337-1723 (Revised 3/95) 4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We ^ will ^ will not require that , you substitute accrued paid leave for unpaid FMLA leave. If paid leave will be used the following conditions will apply: (Explain) 5(a). If you normally pay a portion of the premiums for your health insurance, these payments will continue during the period of FMLA leave. Arrangements for payment have been discussed with you and it is agreed that you will make premium payments as follows: (Set forth dates, e.g., the 10th of each month, or pay periods, etc. that specifically cover the agreement with the employee.) (b) You have a minimum 30-day or, (indicate longer period, if applicable) grace period in which to make premium payments. If payment is not made timely, your group health insurance may be cancelled, rovid d we notify you in writing at least 15 days before the date that your health coverage will lapse, or, at our option, we may pay your share of the premiums during FMLA leave, and recover these payments from you upon your return to work. We ^ will ^ will not pay your share of health insurance premiums while you are on leave. (c) We ^ will ^ will not do the same with other benefits (e.g., life insurance, disability insurance, etc.) while you are on FMLA leave. If we do pay your premiums for other benefits, when you return from leave you ^ will ^ will not be expected to reimburse us for the payments made on your behalf. 6. You ^ will ^ will not be required to present afitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until such certification is provided. 7(a). You ^ are ^ are not a "key employee" as described in 825.218 of the FMLA regulations. If you area "key employee," restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous economic injury to us. (b) We ^ have ^ have not determined that restoring you to employment at the conclusion of FMLA leave will cause substantial and grievous economic harm to us. (Explain (a) and/or (b) below. See 825.219 of the FMLA regulations.) 8. While on leave, you ^ will ^ will not be required to furnish us with periodic reports every (indicate interval of periodic reports, as appropriate for the particular leave situation) of your status and intent to return to work (see 825.309 of the FMLA regulations). If the circumstances of your leave change and you are able to return to work earlier than the date indicated on the reverse side of this form, you ^ will ^ will ,not be required to notify us at least two work days prior to the date you intend to report for work. 9. You ^ will ^ will not be required to furnish recertification relating to a serious health condition. (Explain below, if necessary, including the interval between certifications as prescribed in 825.308 of the FMLA regulations.) Signature of Appropriate Employer Representative NOTE: This should be treated as a confidential medical record. As such, it should be kept separate from personnel records. Ref. WH-381, 12/94 V.W. Eimicke Associates, Inc. assumes no responsibiliry for any decision the employer makes which may violate applicable state or federal law.