3.60.130 Family and/or medical leave of absence.
A. Policy. The following conditions apply to instances when an employee requests time off for family and medical leaves of absence for a limited period with job protection and no loss of accumulated service provided the employee returns to work. It is the intent of the city to grant family and medical leave consistent with both the Federal Family and Medical Leave Act of 1993 (“FMLA”) and the provisions of AS 23.10.500 through 23.10.550, whichever provides greater rights. Provided, however, that if an employee qualifies under only one (1) of the Acts, the employee shall be entitled to receive only the benefits of the Act under which the employee qualifies.
B. Definition of Family and Medical Leave. A family and/or medical leave of absence shall be defined as an approved absence available to eligible employees for up to eighteen (18) weeks of unpaid leave per year under particular circumstances that are critical to the life of a family. Leave may be taken: upon the birth of the employee’s child; upon the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the functions of their position because of a serious health condition. If a parent or child of two (2) employees has a serious health condition, the city is not required to grant family leave to both employees simultaneously.
C. Scope of Family and Medical Leave. The provisions of this policy shall apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefits plans or policies for any part of the eighteen (18) weeks of leave to which the employee may be entitled under this policy. In other words, if an employee is entitled to paid leave under another benefit plan or policy, the employee must take the paid leave first (1st). Subject to the provisions of subsection (G)(1) of this section, the city may require an employee to pay all or part of the costs of maintaining health insurance coverage during a period of unpaid leave.
D. Eligibility for Family and Medical Leave. To be eligible for leave under AS 23.10.500 through 23.10.550, an employee must have been employed for at least thirty-five (35) hours a week for six (6) consecutive months or at least seventeen and one-half (17 1/2) hours a week for twelve (12) consecutive months preceding the commencement of the leave. To be eligible for leave under FMLA, an employee must have been employed for one thousand two hundred fifty (1,250) hours in any twelve- (12-) month period.
E. Basic Regulations and Conditions of Family and Medical Leave.
1. The city will require medical certification to support a claim for leave for an employee’s own serious health condition or to care for a seriously ill child, spouse or parent. For the employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of their position. For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. In its discretion, the city may require a second (2nd) medical opinion and periodic recertifications at its own expense. If the first (1st) and second (2nd) opinions differ, the city, at its own expense, may require the binding opinion of a third (3rd) health care provider, approved jointly by the city and the employee.
2. If medically necessary for a serious health condition of the employee or their spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the city may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule; provided, that the position has equivalent pay and benefits.
3. Spouses who are both employed by the city are entitled to a total of eighteen (18) weeks of leave (rather than eighteen (18) weeks each) for the birth or adoption of a child or for the care of a sick parent.
F. Notification and Reporting Requirements for Family and Medical Leave. When the need for leave is foreseeable, such as the birth or adoption of a child or planned medical treatment, the employee must provide reasonable prior notice and make efforts to schedule leave so as not to disrupt city operations. In cases of illness, the employee will be required to report periodically on their leave status and intention to return to work.
G. Status of Employee Benefits During Family and Medical Leave of Absence.
1. During the first (1st) twelve (12) weeks of family leave, the city must maintain the employee’s coverage under any group health plan on the same conditions and at the same level as coverage would have been provided if the employee had been continuously employed during the entire leave period. However, the city may require an employee to pay all or part of the costs of maintaining health insurance coverage during any additional periods of unpaid leave. If an employee fails to return to work after family leave entitlement has been exhausted, or expires, the city may recover allowable premiums from the employee unless the reason they are not returning is because:
a. Of medical conditions which entitle the employee to family leave;
b. Other circumstances beyond the employee’s control as identified in 29 CFR 825.213.
2. Any employee who is granted an approved leave of absence under this policy is advised to provide for the retention of their group insurance coverages by arranging to pay the premium contributions during the period of unpaid absence.
3. In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the city may recover from the employee the cost of any payments made to maintain the employee’s coverage, unless the failure to return to work was for reasons beyond the employee’s control. Benefit entitlements based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence.
H. Procedures of Requesting Family and Medical Leave.
1. Completion of Request for Family and Medical Leave of Absence Form. A request for family and medical leave of absence form must be originated in duplicate by the employee. This form should be completed in detail, signed by the employee, submitted to the personnel office for proper approvals, and forwarded to the city manager. If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave.
2. All requests for family and medical leaves of absence due to illness will include the following information attached to a completed request for family and medical leave of absence: sufficient medical certification stating (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the appropriate medical facts within the knowledge of the health care provider regarding the condition. In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care. For purposes of leave for an employee’s illness, the certificate must state that the employee is unable to perform the functions of their position. In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.
I. Employee Status After Leave. An eligible employee who takes family leave for the intended purpose of family leave shall be entitled on return from such leave:
1. To be restored to the position of employment held by the employee when the leave commenced; or
2. To be restored to an equivalent position with equivalent employment benefits, pay and other conditions of employment.
J. Intermittent Leave or a Reduced Work Schedule. An employee may take family medical leave or medical leave intermittently if necessary. When the need for intermittent leave is foreseeable, the employee must give notice to the city thirty (30) days in advance of the time the leave is to begin. If the employee cannot give thirty (30) days’ notice, they must give notice as soon as practicable. When an employee takes intermittent leave for family or medical leave purposes, the city may require the employee to show that the intermittent leave was medically necessary. The employee can be required to produce a health care provider certification showing that the intermittent absences are a part of, or may result from, the treatment the employee is receiving for a serious health condition. The city has the right to require the employee to recertify the medical necessity of the leave, which ordinarily will not be required more frequently than every thirty (30) days. However, if the city receives information that casts doubt on the validity of the certification, the city may require recertification on a more frequent basis. If the city for some reason suspects that the employee’s doctor has misdiagnosed the condition or is fraudulently certifying the need for leave, the city has the right to have a doctor of its choosing examine the employee. The city will pay for the second (2nd) examination and it will not be performed by a doctor who is employed on a regular basis by the city. The city will not contact the employee’s doctor to verify the legitimacy of the certification. If the opinion of the doctor selected by the city differs from that of the employee’s doctor, the city may require a third (3rd) examination, at its expense, to be performed by a doctor designated or approved jointly by the city and the employee. The city may transfer an employee who must take intermittent leave to a position that better accommodates intermittent absences. The position must provide the employee with equivalent pay and benefits, but the position need not have equivalent duties. [Ord. 05-15 § 2; Ord. 96-10 § 10 [3.1514].]