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HomeMy WebLinkAbout5.E.2. Amendment to Personnel Handbooks relating to FMLA Leave-Res. No. 6889 City of Shako pee s: IE,'- · MEMORANDUM CO~~'PO~~T ' "". if>:'", ' '. ~ : ,I, . @ t'e~ ~'" iii' !', Mayor and City Council . ':~\.iv~~'i TO: Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrato~ SUBJECT: Amendment to Personnel Handbooks relating to FMLA Leave DATE: April 3, 2009 Introduction The City Council is asked to adopt Resolution No. 6889, a resolution amending the City's Personnel Handbook for Employees of the City of Shakopee and the Personnel Handbook for Part-Time, Temporary and Seasonal Employees of the City of Shako pee, in order to update the City's policy regarding the Family and Medical Leave Act (FMLA) as required by new federal regulations. Background The federal government has expanded the scope ofthe Family and Medical Leave Act to require employers to grant FMLA leave to employees with a family member serving in the military, under certain conditions. Previously, FMLA leave was granted only for the birth or adoption of a child or the serious health condition of an employee or an employee's spouse, child or parent. The City's FMLA policy is contained with its Personnel Handbooks, therefore those Handbooks need to be updated to reflect the required changes. The new leave entitlements fall into two categories: 1. 26 workweeks ofleave in a 12-month period to care for a covered military servicemember with a serious injury or illness incurred in the line of active duty. A covered servicemember is defined as the employee's spouse, son or daughter, parent or next of kin. 2. 12 workweeks ofleave in a 12-month period to handle "qualifying exigencies" arising from an employee's spouse, son, daughter, or parent being called to active federal duty in the National Guard or Reserves. Qualifying exigencies include: short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, and post-deployment activities. In either situation, an employee must have worked for us for at least 1 year and worked at least 1250 hours within the past 12 months to qualify for the leave. The law requires the employer to continue paying the employer share of the employee's benefits during FMLA leave, but the leave is unpaid unless the employee has paid vacation or sick leave built up that they can use simultaneously in order to receive pay during their FMLA leave. Relationship to Vision This is a housekeeping item. (F) Requested Action The Council asked to offer Resolution No. 6889, a resolution amending the Family and Medical Leave sections of the Personnel Handbook for Employees of the City of Shakopee and the Personnel Handbook for Part-Time, Temporary and Seasonal Employees of the City of Shakopee, and move its adoption. RESOLUTION No. 6889 A RESOLUTION AMENDING THE FAMILY AND MEDICAL LEAVE SECTIONS OF THE PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE AND THE PERSONNEL HANDBOOK FOR PART-TIME, TEMPORARY AND SEASONAL EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, Resolution No. 6604, adopted a Personnel Handbook for Employees of the City of Shakopee; and Resolution No. 6783, adopted a Personnel Handbook for Part-Time, Temporary and Seasonal Employees of the City of Shakopee; and WHEREAS, both documents contain language describing Family and Medical Leave rights and polieies; and WHEREAS, the federal government has since passed the National Defense Authorization Act of 2008 and subsequent regulations expanding the scope ofthe Family Medical Leave Act (FMLA) to include leave related to the military service of a family member; and WHEREAS, the City must keep its personnel policies in compliance with all applicable state and federal laws; WHEREAS, the City strives to provide a family-friendly work environment and to support the members of our armed forces; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Chapter 8, Section D of the Personnel Handbook for Employees of the City of Shakopee is hereby amended as indicated in the attached document labeled "A" and Chapter 7, Section A of the Personnel Handbook for Part-Time, Temporary and .Seasonal Employees of the City of Shako pee is hereby amended as indicated in the attached document labeled "B". Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of April, 2009. Mayor of the City of Shakopee ATTEST: City Clerk ATTACHMENT "A" Personnel Handbook for Employees of the City of Shako pee Chapter VIIL Leaves D. Family & Medical Leave. 1. Purpose. The Family Medical Leave Act (FMLA) is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended to benefit employees as well as employers by providing up to twelve (12) weeks of unpaid, job-protected leave for the birth of a child, adoption, foster care and certain family and medical reasons. 2. Eligible Employees. Eligible employees are those who have: a. Been employed by the City of Shakopee for at least one year; and b. Worked a minimum of 1250 hours within the previous twelve (12) month period. 3. Circumstances Covered by Family Leave. Eligible employees will be placed on FMLA leave when requesting time away from work for any of the following reasons: a. To care for the employee's child following birth or placement for adoption or foster care with the employee; b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes an employee unable to perform his or her job duties. d. To care for family members iniured while on active military duty or to respond to the call-up of a family member in the National Guard or Reserves. as described in subsection 5 below. 4. Serious Health Condition. A serious health condition is defined as any illness, injury, impairment or physical or mental condition that requires: a. Inpatient care in a hospital, hospice or residential medical care facility; or b. Prenatal care; or c. Any period of incapacity requiring absence from work, school or other regular activities, of more than three consecutive calendar days, that also involves continuing treatment by, or under the supervision of, a health care provider; or d. Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days. 5. Leave Related to Militar)' Service of FamHy Member. a. Mil/tarv Caregiver Leave. The City will grant an eligible employee who is a spouse. son, daughter. parent or next of kin of a covered service member with a serious iniurv or illness up to a total of 26 work weeks of unpaid leave during: a "single 12-month period" to care for the service member. A covered service m(''ll1ber is a cunent member of the Anl1ed Forces, including a member of the National Guard or Reserves. who is undergoing medical treatment, recuperation, or therapy. is otherwise in outpatient status. or is otherwise on the temporarv disabilitv retired list. for a serious iniury or illness. A serious iniurv or illness is one that was incurred by a service member in the line of duty on active duty that mav render the service member medically unfit to perfonn the duties of his or her office. grade, rank, or rating. The "single 12-month peliod" for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later. An eligible employee is limited to a combined total of 26 work weeks of leave for any FMLA-qualifving reason during the "single 12-month period." (Only 12 of the 26 weeks total may be for a FMLA-qualifving reason other than to care for a covered service member.) b. QualifvinzExigencv Caregiver Leave. The Citv will ~1fant an eli~rible employee up to a total of 12 work weeks of unpaid leave during a rolling 12-month peliod that starts at the time of the FMLA qualifying event for FMLA leave for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter. or parent is on active duty. or has been notified of an impending call or order to active duty, in support of a contingency operation. Under the terms of the statute. qualifying exigency leave is available to a family member of a military member in the National Guard of Reserves: it does not extend to familv members of military members in the Regular Armed Forces. Qualifving exigencies include: (1) short notice deployment: (2) militarv events and related activities: (3) child care and related activities: (4) financial and legal anangements: (5) counseling: (6) rest and recuperation: and (7) post-deployment activities. 6. Length of Leave. The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period, exc(,'Pt in cases of Military Caregiver Leave, which mav extend to 26 weeks. as described in 5a above. When applicable, FMLA leave shall be taken simultaneously with the Minnesota Parenting Leave, as described in paragraph (F) of this section. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. 7. Leave Year. The leave year will begin the first day the employee is absent from work on FMLA leave. 8. Notice. An employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave is not foreseeable, the employee should give as much notice as is practicable. 9. Medical Certification. Upon their supervisor's request, an employee must provide a medical certification for their own serious health condition or that of a child, spouse, or parent of the employee. A "Certificate of Physician or Practitioner" form can be obtained from the City's HR Technician. It is to be completed by the attending physician or practitioner. Documentation mav also be required in the case of leave related to the military s{''rYice of a family member. 10. Use of Accrued Sick Leave, Vacation Leave & Compensatory Time. During FMLA leave, an employee must use any sick leave, vacation leave and compensatory time which they have accrued. Poliee offieers also have the option of utilizing available holiday leave. However, an employee may request to go on unpaid leave once they reach a balance of 40 hours or less of sick leave and 40 hours or less of vacation leave. All accrued compensatory time must be used prior to requesting unpaid leave. The use of sick leave, vacation leave and compensatory time occurs simultaneously with FMLA leave and cannot be used to extend or substitute for FMLA leave. Use of approved FMLA leave will not constitute a break in service for purposes of computing years of service. 11. Both Spouses Employed by the City. When both spouses are employees of the City, each spouse may take up to 12 weeks of FMLA leave per year. The leave may run simultaneously. 12. Insurance Continuation. During FMLA leave, the City shall maintain coverage for I the employee under the City's group health plan for not more than a total of 12 weeks. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. During such time as FMLA leave is paid, the City of Shakopee will continue to collect the employee's share of the premium through payroll deductions. The employee may choose not to retain health care or other insurance coverage during FMLA leave. When the employee returns from leave, he or she will be reinstated on the same terms as prior to taking leave, without any qualifying period, physical examination, exclusion of preexisting conditions or other requirement. 13. Premium Reimbursement. The employee will be required to reimburse the City for any premiums paid during FMLA leave if the employee does not return to work for a minimum of 30 calendar days, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee but related to the FMLA leave. 14. Leave Accrual. The employee will not accrue vacation and sick leave while on unpaid FMLA leave. Employees using a combination of paid and unpaid leave, or intermittent unpaid leave, will accrue vacation and sick leave on a pro-rated basis. Employees using paid leave will continue to accrue vacation and sick leave. 15. Key Employees / Return to Work. A key employee is defined as an employee who is in the highest paid 10% of all employees. A key employee may be denied reinstatement to the same or an equivalent position after FMLA leave if the denial is necessary to prevent substantial economic injury to the City's operations. 16. Intermittent Leave. FMLA leave may be taken intermittently or on a reduced schedule if medically necessary or in the case of leave related to the military service of a family member. In other cases, the department head and City Administrator's approval is required. The City may require the employee to transfer to an alternative position of like status and pay while on intermittent leave. If leave is taken intermittently, it will not affect the status of an exempt employee under the Fair Labor Standards Act. All requests for intermittent leave will be evaluated on a case-by-case basis. 17. Return to Work. An employee returning to work from FMLA leave is entitled to the same position he or she held when the leave began, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. The employee will be required to submit a fitness for duty or retum-to-work report, signed by the treating doctor, prior to returning to work if FMLA leave was for the employee's own serious health condition. 18. Affect on the Unpaid Leave of Absence Policy. This policy is not intended to conflict with the City's Unpaid Leave of Absence policy. That policy will continue to apply in situations that are not addressed by the FMLA. 19. Governed by Law. This FMLA leave policy is intended to be a general summary of the law. FMLA leave is governed by federal or state regulations. Those regulations shall control if they conflict with this policy. r ATTACHMENT "B" Personnel Handbookfor Part-Time, Temporary and Seasonal Employees of the City of Shakopee Chapter VII Leaves A. Family & Medical Leave (FMLA). Provides up to twelve (12) weeks of unpaid, job-protected leave for the birth or adoption of a child or for the serious medical condition of an employee or an employee's spouse, child or parent; and up to twenty-six (26) weeks of unpaid, job-protected leave for specified circumstances relatedto the military service of an employee's family member. Eligible employees are those who have been employed by the City of Shakopee for at least one year and have worked a minimum of 1250 hours within the previous twelve (12) month period.