D-56

Policy

• The document provides guidelines for maternity, parental, and family leave for uniformed Philadelphia Fire Department employees

Definitions

• Maternity leave is paid or unpaid leave for up to 6 months after childbirth, including 4 weeks (160 hours) of accrued sick leave
• Parental leave is paid or unpaid leave for up to 6 months for the primary caregiver adopting a child
• Family leave is unpaid leave of up to 12 weeks for employees employed for 12 months and worked at least 1250 hours in the past 12 months

Qualifying Reasons for Family Leave

• Birth, adoption, or foster care placement of a child
• Caring for an immediate family member with a serious health condition
• A personal serious health condition that prevents the employee from working

FMLA Considerations

• For FMLA purposes, 'immediate family' includes spouse, parents, children, but excludes in-laws
• Subsequent FMLA eligibility begins 12 months after the initial FMLA leave

Member Responsibilities - Maternity Leave

• Pregnant members must inform their personal physician of their occupation
• Provide their physician with job details and work environment conditions. A job description is available from the Personnel Office
• Must obtain a written recommendation from their physician about remaining on active duty
• Must inform their Commanding Officer immediately upon pregnancy confirmation, including the stage of pregnancy
• Contact the Personnel Officer to schedule a medical examination at the Medical Evaluation Unit located at 19th Street and Fairmount Avenue
• Bring all medical documentation and physician's assessment to the Medical Evaluation Unit

Medical Evaluation and Continued Active Duty

• Employees remain on active duty after examination by the Medical Evaluation Unit at 19th Street and Fairmount Avenue, until:
• Their condition prevents them from safely performing their job, or
• The Medical Director confirms a private physician's recommendation that further employment is hazardous
• Follow-up medical exams are required at the Medical Evaluation Unit at 19th Street and Fairmount Avenue, with updated documentation
• If placed on “Duties as Assigned”, maternity clothing is permitted if neat and presentable

"Duties as Assigned" Position

• If medically unable to continue active duty, an employee is placed on sick leave and may request a "Duties as Assigned" position
• Granting a "Duties as Assigned" position is at the Fire Commissioner's discretion, with medical approval of the Medical Director

Parental Leave and Family Medical Leave

• All members applying for parental leave, adoption or birth of a child, or family medical leave adhere to the leave requests directive

Commanding Officer Responsibilities

• Ensure procedures are followed when notified of a pregnant member
• Make entries in the Company Log and Commanding Officer Journal
• Notify the Battalion Chief about the employee's physician recommendations
• Notify the Personnel Officer of the employee's physician recommendations, so they can schedule an appointment at the City Medical Evaluation Unit at 19th Street and Fairmount Avenue
• Ensure subordinates requesting parental/family medical leave comply with provisions
• Prepare necessary memos, reports, and records at their level of command for leave requests

Battalion Chief Responsibilities

• Ensure all procedures are followed when notified by a Company Officer of a pregnancy, along with specific actions by the Commanding Officer

Personnel Officer Responsibilities

• Schedule an appointment for the pregnant member with the Medical Director at the Medical Evaluation Unit
• Coordinate any required follow-up visits at the Medical Evaluation Unit at 19th Street and Fairmount Avenue
• Advise the employee on her options and rights under the pregnancy policy

After Fire Commissioner Approval

• Schedule a medical approval appointment at the Medical Evaluation Unit at 19th Street and Fairmount Avenue
• Assign the member to an available "Duties as Assigned" position, if medically approved

Parental/Family Leave

• Upon notification and review of a leave request, advise the member of approval or disapproval

Sick Leave for Maternity-Related Absences

• Members incapacitated due to pregnancy can use sick leave
• Before delivery, sick leave requires Fire Commissioner approval and a doctor's written recommendation due to pregnancy-related issues or other medical disability
• Family Medical Leave begins on the first full day of sick leave used for pregnancy-related absences before birth

Sick Leave Post-Delivery

• Sick leave may be used for four calendar weeks (160 hours) after delivery without further justification
• Additional sick leave beyond the four-week post-partum period is available for medical complications for documented illnesses when:
  • Certified by the employee’s physician
  • Reviewed and approved by the Medical Director, Medical Evaluation Unit
  • Approved by the appointing authority
  • Approved by the City’s Personnel Director.

Return to Active Duty

• Governed by rules in Directive #18, Sickness and Injuries, Service and Non-Service Connected Disabilities

Maternity Leave Specifics

• Granted for 6 months, with additional leave per Civil Service Regulation 22.02
• Additional leave is at the Fire Commissioner's discretion and requires the City Personnel Director's approval
• City provides up to 12 weeks of maternity leave with continued City-paid health and welfare benefits, per the Family and Medical Leave Act
• Family Medical Leave begins on the first full day of sick leave used for pregnancy-related absences prior to birth

Parental Leave Specifics

• Unpaid leave of absence granted to permanent employees who are adopting a child submitting a primary care notarized statement, including custody date
• Unpaid leave of absence granted to permanent employees who are the natural father, submitting proof of birth as well as a notarized statement that he is the primary care parent
• Granted for up to 6 months from birth or custody date, with additional leave per Civil Service Regulation 22.02
• Additional leave is at the Fire Commissioner's discretion
• City provides up to 12 weeks of parental leave with continued City-paid health and welfare benefits, per the Family Leave Act
• The 12 weeks of FMLA is granted to only one parent at a time, contact the Roll Room Supervisor for details
• Parental Leave exceeding 12 weeks of FMLA is only granted if there has been a 2-year working interval between such leaves

Example Scenario

• A Firefighter/Fire Service Paramedic "X" worked over 1250 hours since Jan 1, 2002, is granted 6 months unpaid Parental Leave, 12 weeks covered for health and welfare under FMLA
• If Firefighter "X" requests Parental Leave again on January 1, 2004, only 12 weeks unpaid leave covered under FMLA is granted
• Firefighter “X” is not granted 6 months unpaid Parental Leave because there has not been a two year interval between his 2003 and 2004 requests.

Family Medical Leave Act (FMLA)

• In accordance with Public Law 103-3/Civil Service Regulation 22.023/Family and Medical Leave Act of 1993, a qualified employee has up to 12 weeks of unpaid leave every 12 months of active duty

Qualifying uses for FMLA

• Birth or adoption of a child
• Caring for an immediate family member with a serious health condition
• Personal inability to work due to a serious health condition

Leave Terms

• Leave can be granted for extended, intermittent, or partial work day occurrences
• City-paid medical benefits continue for 12 weeks, but could be recovered if employee leaves employment at the end of such leave

Reinstatement and Requirements

• Employees are guaranteed reinstatement to the same or equivalent position upon leave termination
• The City requires employees to use all paid administrative and sick leave reserves before using unpaid allowance for FMLA
• FMLA eligibility operates on a rolling calendar year basis, starting on the first day of FMLA use

Additional Medical Opinions

• The City can request a second medical opinion at the City's Medical Evaluation Unit at 19th Street and Fairmount Avenue
• Employees who have worked at least 1250 hours in the prior 12 months are FMLA eligible

FMLA Additional Information

• Using paid leave for FMLA purposes counts against the 12-week allowance
• Employees can choose unpaid FMLA leave instead of paid vacation leave designated as Family Leave

Leave Notes

• All paid or unpaid leave due to an employee's serious health condition counts towards the 12-week allowance. Earned sick leave must be used before unpaid FMLA medical leave
• Accrued sick leave for FMLA-defined serious health conditions, including maternity-related, counts towards Family Leave until exhausted or the 12-week limit is reached
• Accrued sick leave cannot be used for family care under the FMLA

Required Forms

• Submit a written request for Maternity and Parental leaves with supporting documentation
• Submit Form WH380 in the FMLA Guidelines booklet for a leave of absence under the Family Medical Leave Act