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2009-69(g)
MUSKEGON
CITY OF MUSKEGON
West Michigan's Shoreline City Family and Medical Leave Act Policy
wavw.shoralinecity.com
The City of Muskegon is required to comply with the Family and Medical Leave Act (FMLA). As the
any eligible employee. Following the
employer, the City reserves the right to designate FMLA leave foremploye
expiration of protected leave, if extended leave is requested, the r will determine whether non-
FMLA leave ought to apply.
General Provisions
Under the Family & Medica! Leave Act of 1993, eligible employees may take job-protected leave for
certain family-related, medical, or military-related reasons. As described below, leave entitlements vary
depending upon the reason for the leave.
Eligible employees are those working for the City:
weeks, need not be consecutive. An
4. for atotal of 12 months, or 52 weeks. (The 12 months, or 52during
employee on the payroll for only part of a week or on leave the week will be considered as
employed for an entire week.);
2. atleast 1,250 hours during the 12-month period immediately before the date the empioyee
requests the leave to begin,
3. within 75 miles of at least forty-nine (49) other City employees.
Employees are eligible for paid, unpaid, or a combination of paid and unpaid leave, depending on the
circumstances of the leave and as specified in this policy.
The City tracks leave according to a 42-month period. Except as provided below, the 42-month period
used for tracking FMLA leave looks forward 12 months from the date of any Jeave usage.
Only those employees meeting the above requirements are eligible for FMLA leave. (Note: Employees
may be eligible for other types of leave as provided for under leave provisions of the Civil Service Rules
and Regulations or applicable union contracts.)
Leave Entitlements
one
An eligible employee shall be entitled to a total of 12 weeks of leave during any 12-month period for
or more of the following reasons:
4. Because of the birth of a son or daughter of the employee and in order to care for such son or
daughter;
2. Because of the placement of a son or daughter with the employee or adoption or foster care;
3. In order to care for the spouse, son, daughter, or parent of the employee if such spouse, son,
daughter or parent has a serious heaith condition;
4. Because of a serious health condition that makes the employee unable to perform the functions of
the position of employee; or
5. Because of any qualifying exigency arising out of the fact(orthat the spouse, or a son, daughter,
parent, or next-of-kin of the employee is on active duty has been notified of an impending cal
or order to active duty) in the Armed Forces in support of a contingency operation.
Total Leave Entitlement
d toward the
Leave taken for all categories of family, medical, and military leave will be combineand
applicable 12-week or 26-week entitlements outlined in this policy. Where a husband wife both work
for the City of Muskegon, their merged FMLA limit is 12 weeks of leave due to birth, adoption, or
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 2
condition; and 26 weeks
care for a parent with a serious healthinjury
placement of a child for foster care ortotocare
to deal with a qualifying exigency or for a family member with seriou s or illness arising out of
their military service.
Expiration of Leave Entitlements
1 and No. 2, for the birth or placement of a son or
The entitlement to leave under Reasons No.period beginning on the date of such birth ule or ent.
or placem
daughter, expires at the end of the 42-mo nth
a child is allowable on a reduced sched
Leave due to the birth, adoption, or placement ofyee's
intermittent basis with the approval of the emplo supervisor and department/division head.
Service-related Family Leave: An eligibl e employee who is the spouse, son, daught er, parent, or next-
of-kin of a covered service member is eentitle d to a total of 26 work weeks of leave during a single
12-month period to care for the servic membe r. The leave descri bed in this parag raph is available during
the first date of leave. Leave is allowa ble in a single block of
a single 12-month period beginning fromhedul e basis.
time, intermittently, or on a reduced-sc
Combined Leave Total: During the single 42-month period described in Service-rela ted Family Leave,
under Family &
an eligible employee shall be entitled to a combined total of 26 workweeks of leave
Medical Leave and Service-related Family Leave.
that
A serious heaith condition is an illness, injury, impairment, or physical or mental condition
Serious Health Condition
involves:
14. Overnight inpatient care in a hospit facility including any period
al, hospice, or residential medical careschool
inability to work, attend
of incapacity (a period of incapacity involving thecondit or perform other
s health
regular daily activities due to the seriouent ion, treatment, or recovery) or subsequent
treatment in connection with the inpati care,
2. Continuing treatment by a healthcare provider, including:e calendar days and any subsequent
A period of incapacity of more than three (3)theconse cutiv
treatment or period of incapa city relati ng to same condition that involves:
(i) Treatment by a healthcare provider onisionat least one occasion which results in a regimen of
continuing treatment under the superv of the healthcare provider;
(ii) Any period of incapacity due to pregnancy or for prenat al care;
(iii) Any period of incapacity or treatment for such incapa city due to a chronic serious health
condition;
(iv) A period of incapacity which is permanent treatment
or long-term due to a condition for whichsuperv
uing ision
may not be effective and the employee or family member is under the contin
ments by a healthcare provider and recovery offor
of a healthcare provider, or
(v) Any period of absence for multiple treat
restorative surgery after an accident, injury, or a condition likely resulting in a period
incapacity of more than three consecutive calendar days.
determine if a serious health condit
Treatment includes examinations etophysic ion exists and evaluations of the
condition also are covered; routin al examinations, eye examin ations , or dental examination are
not covered.
s health condition may be taken on a reduc ed
Where medically necessary, leave due to a seriou
employee takes leave for planned medical to work withanthe
schedule or intermittent basis. Where an the treat ment on
intermittent or reduced scheduled basis, emplo yee must make a reasonable effort ittent
City to schedule such leave so as not to disrup t the City’s operations. Reduced schedule or interm beginn ing of
leave may not exceed 12 weeks in aggregate and must be completed within one year of the
the leave.
on planned
ed leave schedule that is foreseeable based alterna
if an employee requests intermittent or reduc tempor arily transfe r to an availa ble tive
medical treatment, the City may require the employee to
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 3
position for which the employee is qualified that has equivalent pay and benefits and better
accommodates recurring periods of leave than the regular position of the employe e.
Military-Related Leave
Employees are eligible for up to 12 weeks of leave because of a “qualifying been exigency” arising out of
the fact that a spouse, parent or child of the employee is on active duty s, or retired notified
or has of an
impending call or order to active duty in the National Guard, the Reserve Armed Forces in
ies relate to the active duty or call or order to active
support of a contingency operation. Qualifying exigenc l matters; providin g urgent childcar e or
duty and include such things as attending to legal and financia
making alternative schooling or childcare arrangements; attendin g or participating in certain non-medical
counseling sessions; attending military events; attendin g post-de ployment and reintegration briefings;
spending time with a military member who is on short-term rest and recuperation leave during
to active duty. Leave is
deployment; and addressing issues that arise due to short-notice call or order
basis.
available as a single block of time, intermittently, or on a reduced-schedule
Eligible employees may take up to 26 weeks of leave during aof12-mont h period to care for a family
member (spouse, child, parent, or next-of-kin) who is a memberthe Armed Forces, the National Guard,
or the Reserves and who is undergoing medical treatment, recuperation, or therapy; is otherwise in
outpatient status; or is on the temporary disability retired list for a serious injury or illness incurred in the
line of active duty.
Duties of Employees
In any case in which the necessity for leave is foreseeable based on the expecte d birth or placement
ofa son or daughter, the employee shall provide not less than 30 days notice before the date the leave is
to begin of the employee's intention to take leave. When the date of the birth or placeme nt calls for leave
to begin in less than 30 days, then the employee shall provide notice as is practicable.
In cases where leave is necessary to care for the employee's spouse, son, daughte r or parent
because of a serious health condition that makes the employee unable toand the functions of his/her
perform
position, or for an eligible employe e to care for a family service member the leave is foreseeable
based on planned medical treatment, the employee shall provide the City 30 days notice before the leave
is to begin. If the date of treatment requires leave to begin in fess than 30 days, the employee shall
provide notice as is practicable.
Employees must make a reasonable effort to schedule treatment so asrenot to disrupt the operations of
the City of Muskegon, subject to the approval of the appropriate healthcaprovider.
Subject to the above, employees must comply with the City’s normal absence notification
procedures as provided by collective bargaining agreement or policy, as applicable. Failure to
provide timely notice of absence may result in the delay of leave approval . When the need for leave is
unforeseeable, the employee or someone on the employee's behalf must notifyin the City. The caller needs
to provide as much information as possible about the reason for the absence order to make a proper
and timely inquiry as to whether the absence qualifies for leave under this policy. Please note that
calling in “sick” is not sufficient.
When an employee is approved for intermittent FMLA leave and uses time off forrthe FMLA leave
basis, the employee must specifically report that his/her absence is for that particula FMLA leave reason
or state that s/he is taking FMLA leave at the time of absence notification.
Certification
When the need for leave is due to an employee's or a family member's serious health condition or is
military-related, the City requires certification of the need for the leave and its duration, schedule of
intermittent leave, or reduced leave schedule on a form supplied by the City’s Civil Service Department.
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 4
This certification must be completed and returned to the City within 15 days of when it was provided to
the employee, with the employe e responsi ble for any charges incurred for completi on of the certificat ion
forms. Certification may be requested to be returned directly to the City.
While off work on leave, the City may request verification of continued need for leave anddelay intent to
return to work. Failure to provide timely notice of the required certificati on may result in the of
continued leave or the denial of leave with any absences counted as unexcuse d absences for attendanc e
purposes.
Second Opinion
Whenever the Gity has reason to doubt the validity of the certification provided by an employee, the
City may require--at the City's expense--that an employee obtain the opinion of a second healthcare
provider designated or approved by the City concerning any information certified for leave.
in any case where the second opinion differs from the original certification opinion, the City may
require--at the expense of the City--that an employee obtain a third healthcare provider opinion for leave.
designated or approved by both the City and the employee concerning the information certified
The opinion of the third healthcare provider will be final and binding on the City and the employee.
Employer Notice
If an employee requests leave, the City will inform him/her if s/he is eligible for leave under the FMLA.
If an employee is eligible, the City sends a personalized notice to him/her specifying any additional the
information required as well as the employee's rights and responsibilities. If an employee is ineligible,
City sends a personalized notice to the employee informing him/her and giving the reason(s) for such
ineligibility. Additionally, the City informs the employee of FMLA designated feave and, if known, the
amount of leave counted against the employee's total leave entitlement.
Employment and Benefits Protection
Restoration to Position
Eligible employees on an approved leave and returning to work by the expiration of their designated
leave period are entitled:
4. To be restored to the position of employment held when his/her leave began; or
2. To be restored to an equivalent position with equivalent benefits, pay, and other terms and
conditions of employment.
Loss of Benefits
Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date that
the leave began.
Maintenance of Health Benefits
During any period an eligible employee takes leave, the City will maintain coverage under any “group
health plan” for the duration of the leave and at the level of coverage provided had the employee
continued employment. To maintain healthcare coverage during an approved leave, employees must
continue to pay the regular required employee contribution. If an employee fails to make the required
contribution, healthcare coverage may terminate and coverage may continue under COBRA.
Employees who fail to return from an FMLA leave or who terminate within 30 days of returning to work
may be required to reimburse the City for any insurance premiums paid on their behalf during the FMLA
leave.
Note: Some benefits (for example, elective life and disability insurance, leave accruals during unpaidwill
leave time, and cash payments chosen by the employee instead of group health insurance coverage)
not continue during an FMLA leave. Employees will not receive holiday pay while on leave unless they
are on the payroll for the purpose of utilizing accrued paid vacation, personal, or sick leave time. In all
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 5
cases benefits and seniority will accrue and continue or not accrue or not continue according to existing
City policy and/or the applicable collective bargaining agreement.
In certain circumstances, disability benefits or workers’ compensation benefits may be available during
FMLA leave.
Workers' Compensation and Disability Leave
Employees unable to work due to occupational injury or illness or personal disability who also are
eligible for FMLA leave shall have up to 12 weeks of the non-working portion of the approved recovery
period, including any required waiting period, count concurrently as FMLA leave. FMLA leave also may
be granted to an employee while his/her workers’ compensation or disability leave request is under
review. The granting of FMLA leave during the review period will have no bearing on the approval or
disapproval of an employee's FMLA leave request.
Use of Paid Time Off:
With the exception of sick leave use for Service Member Family Leave for next-of-kin, the City requires
employees to use all available paid time off concurrently as qualifying FMLA time toward the 12- or 26-
week limit for the following situations:
1. to care for such son or
Because of the birth of a son or daughter of the employee and in order
daughter;
2. Because of the placement of a son or daughter with the employee or adoption or foster care;
3. In order to care for the spouse, son, daughter, or parent of the employee if such spouse, son,
daughter or parent has a serious health condition;
4. Because of a serious health condition that makes the employee unable to perform the functions of
the position of employee.
5. Service-related Family Leave.
in other words, FMLA leave always will begin with paid time off as available until the expiration of all
existing paid time off, including all accrued sick, vacation, and personal leave balances before going on
unpaid leave.
After exhausting paid leave, unpaid FMLA leave continues until the conclusion of the protected 12-
week time limit.
Pursuant to the Code of Federal Regulations Title 29, Part 825.207 of The Family and Medical Leave
Act of 1993 employers may not require employees to use compensatory time as a substitute for unpaid
FMLA leave. Employees may request to use compensatory time for a FMLA-qualifying event; however, if
granted, it shall not be counted toward the employee's 12-week FMLA leave entitlement.
Whether FMLA leave is paid, unpaid, or a combination, the employee is entitled to only 12 weeks of
FMLA leave within the forward looking12-month period, as applicable.
Other Employment
An employee on an approved leave of absence due to an inability to perform his/her work because of
the employee’s own serious health condition may not engage in any other work or type of employment
during such leave of absence.
Return from Leave
Employees on FMLA leave may be required to report periodically on their status and intent to return to
work. Employees are not required to take more FMLA leave than necessary to resolve the
circumstance(s) that precipitated the need for leave but must provide the City two business days’ notice
of their intent to return to work. Employees returning fo work from leave for the employee's own serious
health condition (other than intermittent leave) will be required to present certification from their
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 6
healthcare provider of their ability to resume work or as provided by an applicab le collective bargaining
agreement. The cost of such certification shall be the responsib ility of the employe e.
If an employee fails to provide the requested fitness-for-duty certification to return to work, the City may
delay restoration until the employee submits the certificate.
Any employee who fraudulently obtains FMLA leave from the City is NOT entitled to job restoration or
maintenance of health benefits provisions under the FMLA.
Additionally, the City may deny return from leave to any employee whose annual salary places the
employee among the highest paid 10% of all City personnel, provided the employe e received notificati on
of his/her “key employee” status and of the City's intent to deny reinstatement on the “key employee”
basis.
Notices posted in City Hall, the Police Department, the Department of Public Works building, the Water
Filtration Plant, all City Fire Stations, and the Civil Service Office provide additiona l informati on about the
FMLA
Amended 03/24/09
Adopted by CSC 7/2/2009
Effective 08/10/2009
Ayes: Spataro, Warmington, Wisneski, Carter, Gawron, and Shepherd
Nays: None
Absent: Wierengo
\
By: \AS on Oy si JE v~
\
Ann Marie Becker, MMC
City Clerk
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