HomeMy WebLinkAboutDocumentation_Regular_Tab 06_11/08/2018 . . �
Memo
To: James Weinand,Acting Village Ma�iager
From: Merlene Reid,Assistant Village ManagerlHR Director `
Date: October 31,2018
Re: Personnel Policy Revision-Family and Medical Leave policy(5.7}
The Human Resources department is requesting approval to amend the Family and Medical Leave
(FMLA)policy to add a paragraph that allows certain employees to be placed on intermittent
leave with the ability to work remotely as needed.This request is being made, as there are a few
positions within the Village with unique skills and knowledge,where the Village experiences
increased costs and hardship when the incumbents are unable to get to work.
Over the past few years,we have had personnel with injuries that prevent them from driving to
office for example,being excluded from working simply because they are unable to get to the
office, when they are perfectly capable of working remotely from their Village issued laptops.
This change will save the Village money as we have an upcoming FMLA situation that will
require the Village to pay an external Consultant to act, when the staff inember has the resources
and the time to complete certain tasks remotely.
Village attorney L.eonard Carson has reviewed a�id approved the language change.
VILLAGE OF TEQUESTA
PERSONNEL POLICY
1) The birth or placement of a child for adoption or
foster care;
TITLE: FAMILY OR MEDICAL LEAVE
(FMLA) 2) To care for an immediate family member
(spouse, child, or parent) with a serious health
POLICY: 5.7 condition; or,
EFFECTIVE: July 1,2004 3) To take medical leave when the employee is
unable to work because of a serious health
REPLACED: 5.02 March 2001 condition.
REVISED: November 13,2008 4) A serious health condition, which shall be
November 8.2018 defined as an illness of a serious and long-term
nature resulting in recurring or lengthy absences.
PAGES: 4 Treatment of such an illness would occur in an
inpatient situation at a hospital, hospice, or
residential medical care facility, or would consist
CONTENTS: This policy consists of the following of continuing care provided by a licensed health
numbered sections: care provider.
I. Policy Statement 5) Any qualifying exigency when a spouse, child or
II. Covered Reasons parent is on active duty or is notified of an
III. Employee Eligibility impending call or order to active duty in the
IV. Calculation of Leave Armed Forces (including the Reserves and
V. Procedures National Guard) in support of a "contingency
operation."
PURPOSE: To establish a policy and guidelines
for the use of family or medical leave for Village 6) To care for an eligible spouse, child,parent or
employees. next of kin who is a service member undergoing
medical treatment,recuperation or therapy, is on
I. POLICY STATEMENT: an out-patient status, or is on the temporary
disabled retired list for a serious injury or illness
General. As provided by the 1993 Family and (entitled to a combined total of 26 weeks of all
Medical Leave Act (FMLA), all eligible employees types of FMLA leave).
shall be entitled to take up to 12 weeks of unpaid,
job-protected leave during any 12 month period for An employee may take leave if a serious health
specified family and medical reasons. This policy is condition makes the employee unable to perform the
intended to follow the FMLA, including the terms fi►nctions of his/her position. Employees with
and definitions generally contained therein. questions about whether specific illnesses are
covered under this policy or under the Village's sick
[I. COVERED FAMILY OR MEDICAL leave policy are encouraged to meet with a
REASONS representative from the Human Resource
Department.
An eligible employee shall be entitled to 12 weeks of
unpaid leave during a 12-month period for one or III. EMPLOYEEELIGIBILITY
more of the following reasons:
An employee shall be entitled to family leave when
he/she meets the following criteria:
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personal leave, and then will be eligible for unpaid
1) The employee has worked for at least 12 months leave for the remainder of the 12 weeks.
for the Village. The twelve months need not
have been consecutive. (If the employee was on An employee using leave for the adoption or foster
the payroll for part of a week, the Village will care of a child will use all paid vacation or personal
count the entire week. The Village considers 52 leave first, and then will be eligible for unpaid leave
weeks to be equal to twelve months.) for the remainder of the 12 weeks.
2) The employee has to have worked for the Intermittent Leave and Reduced Work Schedules
employer for at least 1,250 hours over the 12 In certain cases, intermittent use of the twelve weeks
months before the leave would begin. of family or medical leave or a part of a reduced
work week may be allowed by the Village.
3) If both an employee and his/her spouse are Employees wishing to use leave intermittently or to
employed by The Village of Tequesta, their utilize a reduced work week for birth or adoption
combined time off may not exceed 12 work purposes will need to discuss and gain approval for
weeks during any 12 month period for birth, such use from the employee's Department Head and
adoption, or foster care,or care of a parent with a the Human Resource Department.
serious health condition. Each spouse is,
however, eligible for the full 12 weeks within a Employees may also use family or medical leave
12 month period to care for a son, daughter, or intermittently or as part of a reduced work week for
spouse with a serious health condition. serious medical conditions whenever necessary. If
the need to use leave is foreseeable and based on
IV. CALCULATION OF LEAVE. Eligible preplanned and prescheduled medical treatment, then
employees can use up to 12 weeks of leave during the employee is responsible to schedule the treatment
any 12 month period. The Village will use a rolling in a manner that does not unduly disrupt the Village's
12 month period measured backward from the date operations. This provision is subject to the approval
� an employee uses any FMLA leave. Each time an of the health care provider.
employee uses leave, the Village computes the
amount of leave the employee has taken under this On a case-by-case basis, the Villa�e may allow
policy, subtracts it from the 12 weeks, and the employees on intermittent leave to work remotely,
balance remaining is the amount the employee is providin�that they are carryin� out their normal and
entitled to take at that time. For example, if an customary duties, where medical circumstances do
employee has taken 5 weeks of leave in the past 12 not allow for travel to Villaee premises. Employees
months, he or she could take an additional 7 weeks will be paid for time worked and will use leave to
under this policy. remain in a paid status for an�period of intermittent
FMLA. All work schedules will be discussed and
Use of Paid and Unpaid Leave. If an employee has approved in advance by the deparhnent head. HR and
accrued paid leave of less than 12 weeks, the the VillaQe Manager.
employee will use paid leave first and take the
remainder of the twelve weeks as unpaid leave. The Village of Tequesta may require an employee on
intermittent leave to transfer temporarily to an
If an employee uses leave because of his/her own available alternative position for which the employee
serious medical condition or the serious health is qualified, if the position has equivalent pay and
condition of an immediate family member, the benefits and better accommodates recurring periods
employee will first use all paid vacation, personal or of leave than the employee's regular position.
sick leave,and then will be eligible for unpaid leave.
On agreement between the employee and the Village,
An employee using leave for the birth of a child will an employee may choose to take family leave on a
use paid sick leave for physical recovery after reduced leave schedule. This may involve reducing
childbirth. The amount of sick leave utilized after his/her usual number of hours per work day or work
this point will be decided on a case by case basis. week during the leave. The duration of the leave will
The employee then may use all paid vacation or remain at a 12 week maximum.
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V. PROCEDURES: 1. Date when the condition began; expected
duration; diagnosis; and a brief statement of
Procedure for requesting leave. All employees treatment.
requesting leave under this policy must complete the
Family/Medical leave form available from the 2. If employee is seeking medical leave for his/her
Human Resource Department. own medical condition, certification should also
include a statement that the employee is unable
When an employee plans to take leave under this to perform the essential functions of the
policy, the employee must give the Village 30 days employee's position.
notice. [f it is not possible to give 30 days notice, the
employee must give as much notice as is possible. 3. For a seriously ill family member, the
An employee undergoing planned medical treatment certification should include a statement that the
is required to make a reasonable effort to schedule patient requires assistance and that the
the treatment to minimize disruptions to the Village's employee's presence would be beneficial or
operations. desirable.
While on leave, employees are requested to report 4. lf taking intermittent leave or working a reduced
periodically to the Village regarding the status of the schedule, certification should include dates and
medical condition,and their intent to return to work. duration of treatment and a statement of inedical
necessity for taking intermittent leave or working
Where the employee is injured on the job and is out a reduced schedule.
from work under workers' compensation, time
towards FMLA will coincide with the time off under lf deemed necessary, the Village may ask for a
workers' compensation. If the employee is unable to second opinion. The Village will pay for the
return to work in the time specified in the Village's employee to get a certification from a second doctor,
FMLA policy,the Medical No-Pay Leave of Absence which the Village will select. If there is a conflict
policy, or as specified in the union contract, between the original certification and the second
employment with the Village will be terminated. opinion, the Village may require the opinion of a
third doctor. The Village and the employee will
Procedure for Notice and Certification of Serious jointly select the third doctor, and the Village will
Health Condition. pay for the opinion. The third opinion will be
On occasion,the Village may require the employee to considered final.
provide notice of the need to utilize leave (where it is �
possible to know beforehand) and/or may require the Restoration to Position
employee to provide certification of an employee's or When an employee returns to work following a
immediate family member's serious health condition family leave,she/he must be:
by a qualified healthcare provider.
a. Restared to the position held by the employee
Qualified health care providers include: doctors of when the leave began; or
medicine or osteopathy, podiatrists, dentist, clinical b. Restored to an equivalent (not comparable or
psychologists, optometrists, and chiropractors, nurse similar) position with equivalent employment
practitioners and nurse-midwives authorized to benefits, pay, and other terms and conditions of
practice under State law and performing within the employment.
scope of their practice under state law; and Christian If an employee would have been laid off had she/he
Science practitioners listed with the First Church of ❑ot been on a family leave of absence,any right to
Christ, Scientist in Boston, Massachusetts. reinstatement will be whatever it would have been
had she/he not been on a leave of absence when the
When seeking certification of a serious medical layoff occurred.
condition, an employee should ensure that the
certification contains the following: Effect on Accrued Benetits
Taking a family leave will not result in the loss of
any employee benefit accrued prior to the date on
3
which the leave began. An employee will not accrue
any right, benefit, or position of employment other
than one which she/he would have been entitled to
had a leave not been taken.
Continuation of Employee Benefits
An employee on a family leave may remain a
participant in The Village of Tequesta's employee
benefit plans throughout the duration of the leave, as
if actively employed. She/he will be required to pay
the same cost of coverage as if actively at work. If
the employee fails to return to work at the conclusion
of the leave,The Village of Tequesta may require the
employee to reimburse it for the full cost of health
care coverage during any period of unpaid leave.
However, the employee may not be asked to
reimburse The Village of Tequesta if she/he fails to
return to work because of legitimate medical reasons
or circumstances beyond the employee's control; or
because of the continuation, recurrence, or onset of a
serious health condition.
APPROVAL:
JAMES WEINAND,ACTING
VIl.LAGE MANAGER
TEQUESTA,FLORIDA
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