Family Medical leave
ADMINISTRATIVE POLICY NUMBER: HR-12
EFFECTIVE DATE: JANUARY 1, 1999
REPLACES: HR-12, Family Medical Leave (dated February 1, 1995)
DEFINITION: Family Medical Leave refers to unpaid family, care taking and medical leave for eligible employees.
POLICY
The City of Green Bay provide family and medical leave in accordance with the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act.
For the most part, the federal and state family and medical leave laws overlap. When your absence qualifies as FMLA leave under both state and federal laws, you will use up your entitlement under each law at the same time. Where one law provides a greater benefit than the other, you will receive the greater benefit. Entitlements are calculated on a calendar year, January 1 to December 31 for both state and federal purposes.
Eligibility
An employee is eligible for FMLA under state law if they have been employed by the City for more than one (1) year and have worked at least 1000 hours the preceding year. Service does have to be consecutive to be considered. Under federal law, eligibility requires at least twelve months of service and at least 1,250 hours of service during the twelve-month period preceding the leave.
Leave Available
State law allows two (2) weeks of medical leave due to employee’s serious health condition; two (2) weeks family leave to provide care to an immediate family member (child, parent, spouse, in-law) with a serious health condition; and six (6) weeks of family leave for the birth of an employee’s natural child or adoption. Federal law allows twelve (12) total weeks of medical and/or family leave.
If you are not eligible for FMLA, or you use up your FMLA, or you wish to take leave for a purpose that does not qualify for statutory leave, please consult the other leave policies of the City to determine if other leave might be available to you.
Please Note:
The eligibility requirements for City of Green Bay's short-term disability, City sick leave benefits and worker’s compensation will normally meet the requirements for the Federal Medical Leave Act and allow the City to count the amount of time used for these leaves against employees’ FMLA entitlement. Therefore, FMLA forms are required for all leaves in excess of three (3) consecutive scheduled work days and may be required for less than three (3) days given the circumstances.
PROCEDURE
Leave request forms are available from the Human Resources Department. Failure to comply with the following rules may result in the delay of leave or denial of leave.
Foreseeable Leave
Where leave is foreseeable, you must make a written request for leave at least 30 days in advance.
Unforeseeable Leave
Where advance written notice of the need for leave is not possible (such as where there is an emergency need for medical consultation or treatment) advance oral notice (in person or by telephone) is required. Where neither advance written nor oral notice is possible, then oral notice must be provided as soon as reasonably practicable with written documentation to follow.
IMPORTANT!
If you wish an absence to be covered by FMLA leave, you must give the City sufficient information to do so by no later than two days after returning to work following the absence. You will not be allowed to have such a designation made later.
Scheduling Leave
Leave must be scheduled in such a fashion that it does not unduly disrupt the City’s operations.
Substitution of Benefits
Under Federal leave, the City has the ability to require that you substitute all vacation, personal leave, sick leave, or casual days, upon accrual of such leave during the leave period. If you receive disability pay, this will count as substitution for federal leave purposes. Under State leave, you have the option of substituting accrued benefits for your State leave period. When paid leave is substituted for unpaid leave, that leave will not be available to you later, nor will you be entitled to additional family and/or medical leave as a result of the substitution of paid leave. In addition, because the eligibility requirements for worker’s compensation benefits require a medical condition that meets the eligibility requirements for family medical leave, the time you are off due to an on-the-job injury will automatically be counted against your federal FMLA entitlement.
Medical Certification & Examinations
Where leave involves a serious health condition, the City require that you provide a medical certification from the health care provider on a timely basis. The City reserve the right to require a second opinion or even third opinion, or may require recertification of a serious health condition when appropriate. You must return the completed certification form no later than 15 days after receipt.
Reporting while on Leave
While you are on leave, the City may require you to report periodically on your status and intent to return to work.
Fitness for Duty Report
If you have taken medical leave of more than three (3) consecutive days as a result of your own serious health condition, then you must provide a fitness for duty certificate before returning to work. The Fitness for Duty Report form is contained within the Request for Family or Medical Leave packet, available from the Human Resources Department. The City may waive this requirement at its discretion.
Insurance and Benefits
To maintain insurance coverage employees must continue to pay their portion of the premium on a bi-weekly basis while on leave. Coverage will cease if payment is not received by the Human Resources Department within 30 days of the premium due date. While on unpaid leave, employees will not accrue benefits (vacation or sick leave). If you are currently participating in the City Flexible Benefits Plan and you take an unpaid leave of absence exceeding a full pay period contact the Human Resources Department, or the Administrative Clerk to modify your payment schedule for the remainder of the year.
Failure to Return to Work
If you fail to return to work for reasons other than a continuation of a serious health condition, you will be required to reimburse the City for any insurance premiums paid the City on your behalf while on leave. Further, any leave used in excess of earned leave will subject you to a payback provision as outlined in the Policy and Procedures Manual.
Designation of Leave
If you specifically apply for FMLA leave, Human Resources will notify you as soon as possible whether the leave has been approved. If the leave does qualify as FMLA leave, you will receive confirmation of the leave approval. Approval or denial of the leave will be made only through the Human Resources Department in writing. Any change in the originally approved leave must be submitted and approved using the same procedure as above.
There may be times when you are absent under circumstances that would qualify as FMLA leave, and you have not specifically applied for FMLA leave. The City has the right to designate such absences as FMLA leave, and may also waive the requirement of medical certification at its discretion. If an absence is designated as FMLA leave, you will receive written notice of the designation. If you do not receive notice from the City that an absence has been designated as FMLA leave, you should assume that the absence will not be treated as FMLA leave.
Employment Protection
Upon return from family or medical leave, an employee will be returned to the position he/she held immediately prior to the leave if the position is vacant. If the position is not vacant, the employee will be placed in an equivalent position.
"Key Employees," a salaried employee whose salary rate is in the top ten percent of the City employees, may be denied restoration to employment on the grounds that such restoration will cause substantial and grievous economic injury to the City.
This policy provides an introduction to the rights provision of the family and medical leave laws. Specific questions an employee may have about this law should be directed to the Human Resources Department.