Common use of Family and Medical Leave Act (FMLA) Leave Clause in Contracts

Family and Medical Leave Act (FMLA) Leave. (A) The Family and Medical Leave Act requires employers to provide notice to employees of their rights and responsibilities under the FMLA. The City uses the Department of Labor Wage and Hour Division (WHD) publication 1420 to accomplish this notice and has included WHD publication 1420 in Appendix X. The City will implement the FMLA in accordance with the FMLA and Department of Labor FMLA regulations which may be in effect from time to time. The City specifically reserves all of its rights to rely upon and apply the FMLA and the Department of Labor FMLA regulations in its administration of FMLA leave regardless of the fact that the statute and regulations are not duplicated in this article. (B) In addition to the above paragraph, the City also: (1) Calculates FMLA leave using a “rolling” twelve (12) month period measured backward from the date of any FMLA leave usage; (2) Requires the employee to provide medical certification for his/her own serious health condition or the serious health condition of a family member as permitted by the FMLA and the regulations pertaining to the FMLA; An employee’s failure to provide a timely medical certification may result in the delay or denial of leave; (3) Retains the right to require written documentation of the family relationship when applicable; (4) Requires employees to follow all applicable customary notice and procedural requirements for requesting leave; (5) Requires employees to utilize all accrued sick leave, disability leave if applicable, vacation, and compensatory time in that order, for any FMLA leave taken for any FMLA-qualifying reason. Any paid leave taken shall run concurrently with FMLA. An employee may request to retain a vacation balance not to exceed forty (40) hours when exhausting FMLA. When using paid leave for FMLA leave, employees must comply with the terms and conditions of the City’s normal paid leave policies. If the employee does not comply with the City’s normal paid leave policies, the employee is not entitled to paid leave, but may take unpaid FMLA leave. (6) Requires employees to take FMLA leave after the birth of a healthy child or after the placement of a healthy child for adoption or xxxxxx care only as a block of continuous FMLA leave (not intermittent leave) unless the City otherwise agrees. The Appointing Authority may authorize intermittent leave at its discretion; (7) Requires employees who take FMLA leave for their own serious health condition to provide medical certification of their fitness to report back to work; the City may delay an employee’s return to work until the certification is provided; (8) Requires an employee on FMLA leave to report periodically on his/her status and intent to return to work. An employee is not permitted to work for another employer or be self-employed while on FMLA leave from the City; (9) Requires that leaves that are granted under any other provision of this Contract or under State law, whether paid or unpaid, including vacation leave, sick leave, injury leave, disability leave, or leave without pay as provided in Articles 11, 13, 14 and 18, respectively, for purposes which are covered under the Family and Medical Leave Act, shall be charged as FMLA leave and shall be subject to the twelve

Family and Medical Leave Act (FMLA) Leave. (A) The Family and Medical Leave Act requires employers to provide notice to employees of their rights and responsibilities under the FMLA. The City uses the Department of Labor Wage and Hour Division (WHD) publication 1420 to accomplish this notice and has included WHD publication 1420 in Appendix X. The City will implement the FMLA in accordance with the FMLA and Department of Labor FMLA regulations which may be in effect from time to time. The City specifically reserves all of its rights to rely upon and apply the FMLA and the Department of Labor FMLA regulations in its administration of FMLA leave regardless of the fact that the statute and regulations are not duplicated in this article. (B) In addition to the above paragraph, the City also: (1) Calculates FMLA leave using a “rolling” twelve (12) month period measured backward from the date of any FMLA leave usage; (2) Requires the employee to provide medical certification for his/her own serious health condition or the serious health condition of a family member as permitted by the FMLA and the regulations pertaining to the FMLA; An employee’s failure to provide a timely medical certification may result in the delay or denial of leave; (3) Retains the right to require written documentation of the family relationship when applicable; (4) Requires employees to follow all applicable customary notice and procedural requirements for requesting leave; (5) Requires employees to utilize all accrued sick leave, disability leave if applicable, vacation, and compensatory time in that order, for any FMLA leave taken for any FMLA-qualifying reason. Any paid leave taken shall run concurrently with FMLA. An employee may request to retain a vacation balance not to exceed forty (40) hours when exhausting FMLA. When using paid leave for FMLA leave, employees must comply with the terms and conditions of the City’s normal paid leave policies. If the employee does not comply with the City’s normal paid leave policies, the employee is not entitled to paid leave, but may take unpaid FMLA leave. (6) Requires employees to take FMLA leave after the birth of a healthy child or after the placement of a healthy child for adoption or xxxxxx care only as a block of continuous FMLA leave (not intermittent leave) unless the City otherwise agrees. The Appointing Authority may authorize intermittent leave at its discretion; (7) Requires employees who take FMLA leave for their own serious health condition to provide medical certification of their fitness to report back to work; the City may delay an employee’s return to work until the certification is provided; (8) Requires an employee on FMLA leave to report periodically on his/her status and intent to return to work. An employee is not permitted to work for another employer or be self-employed while on FMLA leave from the City; (9) Requires that leaves that are granted under any other provision of this Contract or under State law, whether paid or unpaid, including vacation leave, sick leave, injury leave, disability leave, or leave without pay as provided in Articles 11, 13, 14 and 18, respectively, for purposes which are covered under the Family and Medical Leave Act, shall be charged as FMLA leave and shall be subject to the twelvetwelve (12) week per year limitation for the length of an FMLA leave. (C) During an unpaid FMLA leave, employees shall not continue to accrue seniority or continuous service and shall not accrue any employment benefits for the period of the leave, except for continuation of insurance benefits. (D) In situations where the employer/employee relationship has been interrupted, such as an employee who has been on layoff, the employee must be recalled or otherwise be re-employed before being eligible for FMLA leave. Under such circumstances, an eligible employee is immediately entitled to further FMLA leave for a qualifying reason.