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HomeMy WebLinkAboutResolution 94-024 amending the personnel policies relating to family and medical leaveRESOLUTION NO. 94-24 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "FAMILY AND MEDICAL LEAVE", AS AMENDMENTS TO THE PERSONNEL POLICIES. BE IT RESOLVED by the mayor and council of the Town of Mararia, Arizona: THAT certain document entitled "FAMILY AND MEDICAL LEAVE", as amendments to the Personnel Policies, dated September 6, 1994, three copies of which are on file in the office of the town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the town clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of September, 1994. ATTEST: APPROVED AS TO FORM: Mayor ORA,HARN Resolution No. 94-24 Page i of i FAMILY AND MEDICAL LEAVE As provided by tbe 1993 Family and Medical Leave Act (FMLA) all eligible employees shall be entitled to take up to 12 (twelve) weeks of unpaid, job-protected leave during any 12 (twelve) month period for specified family and medical reasons. Any eligible employee shall be entitled to 12 (twelve) weeks of unpaid leave for one or more of the following reasons: i. The birth or placement of a child for adoption or foster care; To care for an immediate family member (spouse, child, or parent) with a serious medical condition; or To take medical leave when the employee is unable to work because of a serious health condition. A serious health condition is defined as an illness of a serious and long-term nature resulting in recurring or lengthy absences. Treatment of such an illness would occur in an inpatient situation at a hospital, hospice, or residential medical care facility, or would consist of continuing care provided by a licensed health care provider. Medical certification may be required by the Town to support a request for FMLA leave. An employee may take leave if a serious hea/th condition makes the employee unable to perform the functions of his/her position. C. An employee shall be entitled to family leave when he/she meets the following criteria: The employee has worked for ~t least 12 (twelve) months for the Town. The 12 (twelve) months need not have been consecutive. If the employee was on the payroll for part of a week, the Town will count the entire week towards the 12 (twelve) month period. The Town considers 52 (fifty-two) weeks to be equal to 12 (twelve) months. The employee has to have worked for the Town for at least 1,250 (one thousand two hundred fifty) hours over the 12 (twelve) months before the employee is eligible for FMLA leave. The employee must work in an office or worksite which employees 50 (fifty) or more employees, or there must be 50 (fifty) employees with a 75 (seventy-fife) miles of the office or worksite. D. Eligible employees can use up to 12 (twelve) weeks of leave during any 12 (twelve) Mararia Personnel Policies--FMLA Adopted: September 6, 1994 Page 1 of 3 month period. The Town will use a rolling 12 (twelve) month period measured backward from the date an employee uses any FMLA leave (it will not be measured backward before August 5, I993). Each time an employee uses FMLA leave, the remaining leave entitlement would be any balance of the 12 (twelve) weeks which has not been used during the immediately preceding 12 (twelve) months. An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the Town. In order to maintain uninterrupted coverage, the employee will have to continue to pay his/her share of insurance premium payments. This payment shall be made in person or by mail to the Finance Director's office by the 10th (tenth) day of each month. If the employee's payment is more than 30 (thirty) days overdue, the coverage will be dropped by the Town. If an employee informs the Town that he/she does not intend to return to work at any time during the leave period, the Town's obligation to provide health benefits ends. If the employee chooses not to return to work at the expiration of the leave period for reasons other than a continued serious health condition or circumstances beyond the employee's control, the Town will require the employee to reimburse the Town the amount the Town contributed towards the employee's health insurance during the leave period. If the employee contributes to a life insurance or disability plan, the Town will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the Town will request that the employee continue to make those payments, along with the health care payments. If the employee does not continue these payments, the Town will recover the payments at the end of the leave period, in a manner consistent with the law. Other benefits such as the accrual of sdrfiority will not continue during leave. However, the use of FMLA leave will not be considered a break in service when vesting or eligibility to participate in benefit is being determined. An employee who utilizes FMLA leave under this policy will be restored the same job or a job with equivalent status, pay, benefits and other employment terms. The Town may choose to exempt certain highly compensated "key" employees from this job restoration requirement and not return them to the same or similar position at the completion of FMLA leave. Employees who may be exempted will be informed of this status when they request leave. If the Town deems it necessary to deny job restoration for a key employee on FMLA leave, the Town will inform the employee of its intention and will offer the employee the opportunity to return to work immediately. If an employee has accrued paid leave of less than 12 (twelve) weeks, the employee will Mararia Personnel Policies--FMLA Adopted: September 6, 1994 Page 2 of 3 use paid leave first and take the remainder of the 12 (twelve) weeks as unpaid leave. If an employee uses leave because of Ms/her own serious medical condition or the serious health condition of an immediate family member, the employee will first use all paid vacation, personal or sick leave and then will be eligible for unpaid leave. An employee using leave for the birth of a child will use paid personal or sick leave for physical recovery after childbirth. The amount of personal or sick leave utilized after this point will be decided on a case by case basis. The employee may use all paid vacation, personal or family leave, and then will be eligible for unpaid leave for the remainder of the 12 (twelve) weeks. In certain cases, intermittent use of the 12 (twelve) weeks of FMLA leave or a part of a reduced work week may be allowed by the town. Employees wishing to use leave intermittently or to utilize a reduced work week schedule for FMLA for birth, adoption or foster care purposes will need to discuss and gain approval of such use from the employee's Department Head and the Personnel Department. Employees may also use FMLA leave intermittently or as part of a reduced work week whenever it is medically necessary. If the need to use leave is foreseeable and based on preplanned and prescheduled medical treatment, then the employee is responsible for schedule the treatment in a manner that does not unduly disrupt the Town's operations. This provision is subject to medical certification by the health care provider. In some cases, the Town may temporarily transfer an employee using FMLA leave intermittently or on a reduced work week schedule to a different job with equivalent pay and benefits if another position would better accommodate the intermittent or reduced work week schedule. Mararia Personnel Policies--FMLA Adopted: September 6, 1994 Page 3 of 3