Common use of Family and Medical Leave Act Leave Clause in Contracts

Family and Medical Leave Act Leave. 1. In accordance with the applicable provisions of the federal Family and Medical Leave Act of 1993 (“FMLA”), eligible unit members shall be entitled to up to twelve (12) weeks (60 work days) of unpaid leave for FMLA approved absences per fiscal year (July 1 - June 30). 2. To be eligible for FMLA leave an employee must have worked for OCM BOCES for at least 12 months and at least 1,250 hours during the 12 months immediately preceding commencement of leave. 3. Eligible employees wishing to take FMLA leave must make application for such leave, in advance (30 days where possible, or as soon thereafter as the employee becomes aware of the need for such leave), on a form available from the BOCES personnel office. 4. An employee granted FMLA leave will continue to be covered under OCM BOCES’ group health and dental insurance plans, under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. The employee will be responsible for paying their portion of the applicable premium rate(s). 5. Absences of four (4) or more consecutive days for personal illness (paid or unpaid) and any previous FMLA leave occurring from July 1 to the effective date of the current FMLA leave request, will be subtracted from the employee’s total annual FMLA leave entitlement for that fiscal year. If a leave is for the employee’s own serious medical condition, paid sick leave shall run concurrently with the FMLA leave. Employees who have paid vacation leave or other applicable paid leave credits (i.e. personal and family illness leaves) may, at the employee’s option, apply such paid leave time against their FMLA leave and such paid leave shall run concurrently with and be a part of the FMLA absence. 6. Except as otherwise provided for herein, FMLA leave shall be subject to and governed by the applicable statute.

Family and Medical Leave Act Leave. 1. In accordance with a. Family and medical leave for employees shall be governed by the applicable provisions of the federal Family and Medical Leave Act of 1993 (“FMLA”), eligible unit members shall as may be entitled amended from time to up time. Nothing in this section is intended to twelve extend to the City employee’s rights or benefits not extended in this law. Where there is a conflict between this section and the FMLA, the FMLA governs. b. Male and female employees who have one year (12) weeks (60 work days52 weeks) of unpaid leave for FMLA approved absences per fiscal year (July 1 - June 30). 2. To be eligible for FMLA leave an employee must service and have worked for OCM BOCES for at least 12 months and at least 1,250 hours in the past year, are eligible to take up to 12 weeks during a calendar year as family or medical leave as defined in the FMLA. Family members are those persons who are so defined in the FMLA. The calendar year shall be a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. (Example: if an employee has taken eight weeks of leave during the past 12 months immediately preceding commencement months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 1994, four weeks beginning June 1, 1994 and four weeks beginning December 1, 1994, the employee would not be entitled to any additional leave until February 1, 1995. However, beginning on February 1, 1995, the employee would be entitled to four weeks of leave. 3. Eligible employees wishing to take FMLA leave must make application for such leave, in advance (30 days where possibleand on June 1, or as soon thereafter as 1995, the employee becomes aware of would be entitled to an additional four weeks, etc.) c. The employee must provide reasonable advance notice if the need for the leave is foreseeable. The department head shall not deny leave to any eligible employee who requests family or medical leave pursuant to the provisions of the FMLA. The employee has the right to reinstatement to the same or a comparable position unless the employee is exempted from such leave), on a form available from right under the BOCES personnel officeprovisions of the FMLA. 4. An employee granted FMLA leave will continue to be covered d. The City shall maintain coverage under OCM BOCES’ any group health plan for the duration of the leave at the level and dental insurance plans, under the same conditions as coverage that would have been provided if had the employee had been continuously employed during working. However, the leave period. The City shall only maintain such group health plan coverage for such employee will be responsible for paying their portion up to 12 weeks within a 12 month period commencing with the start of the applicable premium rate(s). 5. Absences of four (4) or more consecutive days for personal illness (paid or unpaid) and any previous FMLA leave occurring from July 1 to the effective date of the current FMLA leave request, will be subtracted from the employee’s total annual FMLA leave entitlement for that fiscal year. If a leave is for the employee’s own serious medical condition, paid sick leave shall run concurrently with the FMLA leave. Employees who have paid vacation leave or other applicable paid leave credits (i.e. personal and family illness leaves) may, at the employee’s option, apply such paid leave time against their FMLA leave and such paid leave shall run concurrently with and be a part of the FMLA absence. 6. Except as otherwise provided for herein, FMLA leave shall be subject to and governed by the applicable statute.

Family and Medical Leave Act Leave. 1. In accordance with the applicable provisions of the federal Family and Medical Leave Act of 1993 (“"FMLA”"), eligible unit members shall be entitled to up to twelve (12) weeks (60 work daysworkdays) of unpaid leave for FMLA approved absences per fiscal year (July 1 - June 30). 2. To be eligible for FMLA leave an employee must have worked for OCM BOCES for at least 12 months and at least 1,250 hours during the 12 months immediately preceding commencement of leave. 3. Eligible employees wishing to take FMLA leave must make application for such leave, in advance (30 days where possible, or as soon thereafter as the employee becomes aware of the need for such leave), on a form available from the BOCES personnel office. 4. An employee granted FMLA leave will continue to be covered under OCM BOCES’ ' group health and dental insurance plans, under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. The employee will be responsible for paying their portion of the applicable premium rate(s). 5. Absences of four (4) or more consecutive days for personal illness (paid or unpaid) and any previous FMLA leave occurring from July 1 to the effective date of the current FMLA leave request, will be subtracted from the employee’s 's total annual FMLA leave entitlement for that fiscal year. If a leave is for the employee’s 's own serious medical condition, paid sick leave shall run concurrently with the FMLA leave. Employees who have paid vacation leave or other applicable paid leave credits (i.e. i.e., personal and family illness leaves) may, at the employee’s 's option, apply such paid leave time against their FMLA leave and such paid leave shall run concurrently with and be a part of the FMLA absence. 6. Except as otherwise provided for herein, FMLA leave shall be subject to and governed by the applicable statute.