APPENDIX L FLMA.docx

APPENDIX L FAMILY AND MEDICAL LEAVE ACT PROVISIONS It is the intent of the parties that the provisions and administration of this Appendix be in compliance with the Family and Medical Leave Act of 1993; the California Family Rights Act of 1993; the Pregnancy Disability Leave provisions of the Califo...

APPENDIX L FAMILY AND MEDICAL LEAVE ACT PROVISIONS It is the intent of the parties that the provisions and administration of this Appendix be in compliance with the Family and Medical Leave Act of 1993; the California Family Rights Act of 1993; the Pregnancy Disability Leave provisions of the California Fair Employment and Housing Act; the Uniformed Services Employment and Reemployment Rights Act; the California Military and Veterans Code; and the Fiscal Year 2010 National Defense Authorization Act (further information on this Act is contained in the Employee Relations Bulletins issued February 6, 2009, and January 8, 2010, by the Office of the City Administrative Officer. A. Authorization for Leave Up to four months of family or medical leave shall be provided for the purpose of childbirth, adoption, foster care of a child, or serious health condition of an immediate family member (as defined in Article 7.8), upon the request of the employee, or designation by Management in accordance with applicable federal or State law, notwithstanding any other provisions of this MOU or the Los Angeles Administrative Code to the contrary. Any employee may take leave under the provisions of this Appendix if the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s position. Leave under the provisions of this Appendix shall be limited to four months during a twelve-month period, regardless of the number of incidents. A twelve-month period shall begin on the first day of leave for each individual taking such leave. The succeeding twelve-month period will begin the first day of leave taken under the provisions of this Appendix after completion of the previous twelve-month period. Exception: Under the provisions of this Appendix, a pregnant employee may be eligible for up to four (4) months (nine [9] pay periods) for childbirth disability and up to an additional four (4) months (nine [9] pay periods) for purposes of bonding. (See Sections D.1 and D.6. of this Appendix). B. Definitions 1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in this State. 2. Domestic partner means a named domestic partner in a confidential affidavit declaring the existence of said domestic partner and signed by the 166 MOU24-22 City employee, which is on file in the Employee Benefits Office, Personnel Department. 3. Parent means a biological, foster or adoptive parent, a stepparent, a legal guardian or an individual who stands or stood in loco parentis to an employee when the employee was a child as defined in (4) below. This term does not include parents “in-law.” Persons who are “in loco parentis” include those with day-to-day responsibilities to care for or financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. 4. Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.” C. Eligibility 1. The provisions of this Appendix shall apply to all employees in this Unit who have been employed by the City for at least twelve months and who have worked for at least 1,250 hours during the twelve months immediately preceding the beginning of the leave. Exception: In accordance with Pregnancy Disability Leave under the California Fair Employment Housing Act (FEHA), on the first day of employment with the City, pregnant employees are eligible for up to four (4) months (nine [9] pay periods) of leave if disabled due to pregnancy. 2. Parents (including those who are domestic partners) who both work for the City may take leave under the provisions of this Appendix at the same time to care for a new child by birth or adoption, foster care of a child. Each employee is allowed the entire 4-month period. Spouses or domestic partners who both work for the City may take leave under the provisions of this Article at the same time to take care of a sick parent. However, the aggregate period of time to which both are entitled is limited to the time allowed for only one employee. Each employee must notify the concerned employing department at the time the leave is requested of the name and department of the second family member who is requesting leave for the same incident. Such notification must include the starting and ending dates of the time period for which each employee is requesting leave. 167 MOU24-22 The time limitation for parents or domestic partners does not apply to leave taken by one employee to care for the other who is seriously ill or to care for a child with a serious health condition. D. Conditions 1. Pregnancy – A leave for pregnant employees shall start at the beginning of the period of disability that a health care provider certifies as necessary. Leave for the non-disability portion of childbirth may be taken before or after delivery. In accordance with Pregnancy Disability Leave under the California FEHA, employees who are disabled due to pregnancy, childbirth, or related medical conditions are eligible for up to four (4) months (nine [9] pay periods) or leave with medical certification certifying the employee is unable to work due to a pregnancy-related condition. Pregnancy Disability Leave under the FEHA may be taken before or after the birth of a child, which shall run concurrently with pregnancy leave under the federal Family and Medical Leave Act of 1993, and must be concluded within one year of the child’s birth. Employees (each parent individually) are also eligible for family leave (bonding) under the California Family Rights Act, which shall be limited to four months (nine [9] pay periods) and must be concluded within one year of the child’s birth or adoption. (The administration of such leave shall be in accordance with Section C.2. of this Appendix). 2. Adoption - The start of family leave for adoption or foster care of a child shall begin on a date reasonably close to the date the child is placed in the custody of the employee. Leave may also be granted prior to the placement if an absence from work is required. 3. Family Illness - The start of a family leave for a serious health condition of a family member shall begin on the day requested by the employee or, if none is requested, on a day designated by Management. 4. Employee’s Own Illness - The start of a leave for the employee’s own serious health condition shall begin on the date requested by the employee or, if none is requested, on a day designated by Management. Serious health conditions occurring during the course and scope of employment activities shall not apply to this Section. 5. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves any period of: 168 MOU24-22 a. Incapacity or treatment connected with in-patient care in a hospital, hospice or residential medical facility; or b. Incapacity requiring an absence of greater than three days involving continuing treatment by or under the supervision of a health care provider; or c. Incapacity (or treatment resulting therefrom) due to a chronic serious health condition; or d. Incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or e. Absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity for more than three consecutive days if left untreated; or f. Incapacity due to pregnancy or for prenatal care. 6. Continuous/Intermittent Leave - All leave granted under this Appendix shall normally be for a continuous period of time for each incident. However, an employee shall be permitted to take intermittent leave or work on a reduced schedule to take care of a family member with a serious health condition or for the employee’s own serious health condition when it is medically necessary. Management may require the employee to transfer temporarily to an available alternative position for which the employee is qualified to accommodate recurring leave periods. In accordance with the California Family Rights Act (CFRA), leave for the birth, adoption or foster care placement of a child of an employee (bonding leave) does not have to be taken in one continuous period of time. Under CFRA, the basic minimum duration of bonding leave is two (2) weeks, and on any two (2) occasions an employee is entitled to such bonding leave for a time period of less than two (2) weeks’ duration. Any other form of intermittent leave, or work on a reduced schedule, for the purpose of bonding leave shall only be permitted at the discretion of Management. Bonding leave must be concluded within one year of the birth or placement of the child. 7. If any employee requires another leave for a separate incident under the provisions of this Appendix during the same twelve-month period, a new request must be submitted. 8. A personal leave beyond the four-month leave provided in this Appendix may be requested, subject to the approval of the appointing authority and, 169 MOU24-22 if required, the Personnel Department, as provided under other City leave provisions. 9. Management has the right to request that an employee submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee’s immediate family member. Management shall allow employees at least 15 calendar days to obtain the medical certification. 10. Absences from work due to an on-duty injury (IOD) shall not be designated as Family Medical Leave under this Appendix. E. Notice Requirements 1. Employee - When an employee requests family or medical leave, he/she must state the reason for the requested leave (e.g., childbirth, to care for an immediate family member with a serious health condition, etc.). When the necessity for a leave is foreseeable, the employee must provide at least 30 days’ notice. However, if the leave must begin in less than 30 days, the employee must provide as much advance notice as is practicable. 2. Management- In response to an employee’s request for family or medical leave, Management shall indicate whether or not the employee is eligible for such leave, if such leave will be counted against the employee’s annual family or medical leave entitlement, and any requirement for the employee to furnish medical certification. Management shall also notify an employee in writing if it designates leave, paid or unpaid, taken by an employee as family or medical leave-qualifying regardless of whether or not the employee initiates a request to take family or medical leave. F. Applicable Time Off Employees who are granted leave in accordance with this Appendix shall take time off in the following order: 1. Childbirth (Mother) a. Accrued sick leave (100%, 75%, 50%) or vacation for the entire period of disability that a health care provider certifies is necessary, (including prenatal care or the mother’s inability to work prior to the birth) may be taken at the employee’s discretion. b. For the non-disability portion of childbirth leave (before or after delivery – “bonding”) accrued vacation time shall be used prior to the use of time under c., d., and e. below. 170 MOU24-22 c. Accrued sick leave; all 100% sick leave shall be used first, followed by the use of all 75% sick leave, followed by the use of all 50% sick leave. The use of sick leave under this subsection is at the employee’s discretion. d. Accrued compensatory time off may be used at the employee’s discretion after exhaustion of 100% sick leave. In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Section shall be counted against the employee’s annual family and medical leave entitlement. e. Unpaid leave. 2. Childbirth (Father or Domestic Partner), Adoption, Foster Care or Family Illness a. Annual family illness sick leave up to twelve days may be used at the employee’s discretion. Such leave may be taken before or after the vacation time off described in b. below. b. Accrued vacation time. Such time must be used prior to the use of time under c. and d. below. c. Accrued sick leave; all 100% sick leave shall be used first, followed by the use of all 75% sick leave, followed by the use of all 50% sick leave. The use of sick leave under this subsection is at the employee’s discretion. d. Accrued compensatory time off may be used at the employee’s discretion after exhaustion of 100% sick leave. In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Section shall be counted against the employee’s annual family and medical leave entitlement. e. Unpaid leave. 3. Personal Medical Leave a. Accrued sick leave (100%, 75%, 50%) may be used at the employee’s discretion. Such leave may be taken before or after the vacation time off described in b. below. 171 MOU24-22 b. Accrued vacation time. Such time must be used prior to the use of time under c. below. c. Accrued compensatory time off may be used at the employee’s discretion after exhaustion of 100% sick leave. In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Section shall be counted against the employee’s annual family and medical leave entitlement. d. Unpaid leave G. Sick Leave Rate of Pay During Family Leave Payment for sick leave usage under Section F.1., 2., and 3. shall be at the regular accrued rate of 100%, 75%, or 50%, as appropriate. H. Monitoring Management shall maintain such records as are required to monitor the usage of leave as defined in this Appendix. Such records are to be made available to the League upon request.