HomeMy WebLinkAboutResolution 61-1993 RESOLUTION N0. 61-93
AMEHDING PERSOHHEL POLICY
WHEREAS a comprehensive personnel policy governing the
managerial, organizational and operational affairs of the City of
Brookings employees has been adopted by the Brookings City Commission.
WHEREAS the Commission finds that amendments to certain policies
as set forth in said statement should be made.
NOW, THEREFORE, BE IT RESOLVED by the Brookings City Commission
that the personnel policy under Article VIII Employee Benefits,
Section V. be amended with the addition of the following Family and
Medical Leave policy:
V. FAMILY AND MEDICAL LEAVE POLICY
The City of Brookings having in excess of 50 employees, is governed by
the Federal Family and Medical Leave Act.
The purpose of this policy is to implement the Act and to assure its
application to City employees by guaranteeing leave without pay for a
total of twelve ( 12) �orkweeks of leave during any twelve ( 12)
when s ecific conditions are
consecutive month period of employment p
met. To be eligible to take family leave, the employee must have
worked for the City for ( 1 ) at least 12 months (2) at least 1, 250
hours during the year preceding the start of the leave.
ti ) . Conditional Use. Employees, under the Act and under this
Policy, are entitled to the leave without pay under the following
conditions:
--The birth of the employee's child and to care for the child
following its birth.
--When the employee arranges the adoption of a child or arranges
the foster care placement of a child.
--Care of the employee's spouse, child, or parent for a serious
health condition.
--A serious health condition of the employee that prevents the
employee from the function of his/her position.
(2) . Definition of Child. For purposes of this Policy, "child"
refers to an adopted child, a foster child, stepchild, ward or a
person who is under the age of 18 or over the age of 18 but
incapable of self care because of a disability and for who the
employee has custody.
The entitlement for leave for birth of child placement expires
one year after the date of the birth or the placement of the
child.
Childbirth or placement leave must be taken in one block of time
up to 12 weeks, unless changed through agreement by the employee
and the department head.
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(3) . Definition of Serious Health Condition. For purposes of
this Policy, a serious heslth condition ie an illness, in�ury,
impairment, or physical or mental condition that involves
hospitalization or continual medical treatment.
Employee leave entitlement for a serious health condition shall
be authorized, when medically necessary, on an intermittent or
reduced-time schedule and need not be in block of time.
Intermittent or reduced time leave is intended to accommodate
specific medical trestment scheduling. The City may require the
employee to transfer temporarily to an alternative position Mith
equivalent pay and benefits, that better accommodates recurring
periods of leave than the employee's regular position.
When the need for leave is foreseeable, the employee shall notify
his/her department head 30 days in advance of the lesve. When
such need is not foreseeable and prevents such 30 day notice, the
employee shall make a reasonable effort to schedule treatment so
as to avoid disruption of the City's Mork.
The City may require an employee to verify the need for leave due
to serious medical condition by certification issued by a health
care provider. Such certificates ehall include the folloMing
information:
--The date the condition began.
--The probable duration of the condition.
--The appropriate medical facta knorn regarding the condition.
If leave is required because of the employee's oMn condition, the
certificate must include a statement that the employee is unable
to perform the duties, if such is the case.
The City may require as a condition of reinstatement,
certification from a health care provider that the employee is
unable to perform the duties, if auch is the case.
The certificate must also include information relative to the
need for intermittent or reduced-time schedule.
If the leave is to care for a family member, the certificate muet
include a statement that the employee is needed to provide such
care.
If the validity of the leave request is doubted, the employee may
be required to obtain a second opinion at the City's cost from s
second health care provider of the City's choice. If the second
opinion conflicts with the first opinion, the City may request s
third opinion at the City's cost. The City and employee must
agree on the person providing the third opinion. The third
opinion is final and binding on the parties.
Employees who are on an approved leave of absence may not perform work
for any other employer during that leave, except as alloNed for
military or public service leaves of absence.
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Every employee on a sick leave or family care leave of absence will be
required to utilize all accrued personal, vacation, and sick leave
days while on leave, unless covered by the City's workers'
compensation insurance. The City will provide health insurance and
other benefits to employees on leave se required by laM. Benefits
that accrue according to length of service, such as paid vacation,
holiday, personal, and sick days, do not accrue during periods of
leave.
If both husband and wife work for the City, unpaid leave guaranteed
under the Act and this Policy is limited to a total of twelve (12)
weeks between them pith a 12 month period.
Nothing in this Article shall reduce any leave benefit(s) already
provided by the City to its employees through established policy or
collective bargaining agreement(s) .
Passed and approved this 3rd day of August, 1993.
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