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Home My WebLink About94-018 K CITY OF LAKEVILLE • DAKOTA COUNTY, MINNESOTA RESOLUTION Date February 7, 1994 Resolution 94-18 MOtion By Harvey Seconded By Mulvihill RESOLUTION ADOPTING PERSONNEL POLICIES CONCERNING FAMILY AND MEDICAL LEAVE, SICK OR INJURED CHILD CARE LEAVE, AND SCHOOL CONFERENCE AND ACTIVITY LEAVE WHEREAS, Minn. Stat. § 181.940, et se requires the City to grant specified leaves for parenting, school conferences and activities, and for sick or injured child care; and WHEREAS, the Family and Medical Leave Act of 1993, Public Law 103-3, also requires the City to grant certain family and medical leaves; and WHEREAS, the City is already in compliance with these laws, but desires to adopt personnel policies to be inserted into the City's Employee Handbook. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. The attached Family and Medical Leave, Sick or Injured Child Care Leave, and School Conference and Activity Leave policies are hereby adopted. The policies shall be construed consistent with applicable state and federal laws. 2. The adopted policies shall be inserted into the City's Employee Handbook. 3. The City Administrator is directed to distribute copies of the policies to all City employees. ADOPTED this 7th day of February , 1994, by the City Council of the City of Lakeville. CITY O AKEVILLE BY: .,Cf.:~ uane R. Zaun, a or a ATTEST,, ~1 Charlene Friedges, y Clerk 11881 FAMILY AND MEDICAL ZEAVE POLICY 1. Family and Medical leave provides up to twelve (12) weeks of unpaid leave to eligible employees for certain family and medical reasons. Employees are eligible if they have been employed for a minimum of twelve (12) months, and have worked at least 1,040 hours over those twelve (12) months. 2. An employee may take a maximum of twelve (12) work weeks of FMLA leave each calendar year. 3. FMLA leave may be granted for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care; 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 the employee unable to perform the employee's job. 4. The employee must give the City at least thirty (30) days advance notice. A "Request for Family/Medical Leave" form, copy attached, should be completed by the employee and returned to the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed "Request for Family/Medical Leave10 form. For leaves taken because of the employee's or a covered family member's serious health condition, the employer may require that a "Physician or Practitioner Certification" form be completed, copy attached. In addition, the employer may require periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. 5. A serious health condition is an illness or injury that involves: a. An overnight stay in a hospital, hospice, or residential medical care facility; b. Any period of incapacity that involves continuing treatment or supervision by a health care provider and that requires absence from work, school, or other regular daily activities for more than three (3) days; 720 ~i~2sr9a c. Continuing treatment or supervision by a health care provider for a chronic or long-term health condition . that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) days; or d. Prenatal care. 6. A regular employee may choose to use accrued vacation, compensatory time, or sick leave while on FMLA leave as long as the provisions within those written policies apply. 7. The employee will not accrue benefits such as sick leave or vacation while on unpaid FMLA leave. 8. Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to medical treatment, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Any such transfer is subject to a collective bargaining agreement. 9. Eligibility for leave after birth, placement for adoption or foster care, expires twelve (12) months after the birth, placement or adoption. If the. child must remain in the • hospital longer than the mother, the leave may in the alternative begin at any time up to six (6) weeks after the child leaves the hospital. 10. The employee may choose to continue existing health care benefits and life insurance while on FMLA leave. The employer will continue to pay the same portion of the cost of the coverage as it did prior to the leave. Employee contributions will be required either through payroll deduction or by direct payment to the City of Lakeville. The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment. If an employee's contribution is more than thirty (30) days late, the City of Lakeville may terminate the employee's insurance coverage. 11. Upon return from FMLA leave, employees will be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. If, during FMLA leave, the City experiences a layoff and an employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, . the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had .not taken the FMLA leave. 7270 cl/25/94 SICK OR INJURED CHILD CARE LEAVE POLICY 1. An employee may use personal sick leave benefits provided by the City for absences due to illness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use City sick leave benefits for the employee's own illness subject to the following requirements: a. The employee must have been employed fora minimum of twelve (12) months. b. The employee must work an average of twenty or more hours per week. For the purpose of such sick child care leave, a "child" means an individual under 18 years of age or an individual under age 20 who is still attending secondary school. 2. An employee, by agreement with the City, may return to work . part-time during sick child leave without forfeiting the right to return to employment at the end of the sick child care leave. • '7Z'70 1/10!91 'J Q rl/20/94 . SCHOOL CONFERENCE AND ACTIVITIES LEAVE POLICY 1. An employee will be granted up to a total of 16 hours during any school year to attend school conferences or classroom activities related to the employee's child, subject to the following requirements: a. The employee must have been employed for a minimum of twelve (12) months. b. The employee must work an average of twenty or more hours per week. c. The conference or classroom activities cannot be scheduled during non-work hours. For the purpose of such leave, a "child" means an individual under 18 years of age or an individual under age 20 who is still attending secondary school. When such leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of such leave to the City and make a reasonable effort to schedule the leave so as to not disrupt unduly the operations of the City. Such leave may be either unpaid or an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of such leave. • 7270 1110/91 $ rl/20/94