Lehigh Acres Fire Control and Rescue District Family and Medical Leave PDF

Policy Lehigh Acres Fire Control and Rescue District 335 Fire Services Manual Family and Medical Leave 335.1 PURPOSE AND SCOPE: The purpose of this policy is to provide general guidance for managing unpaid leave for eligible employees for qualified medical and family reasons, including (29 USC §...

Policy Lehigh Acres Fire Control and Rescue District 335 Fire Services Manual Family and Medical Leave 335.1 PURPOSE AND SCOPE: The purpose of this policy is to provide general guidance for managing unpaid leave for eligible employees for qualified medical and family reasons, including (29 USC § 2612): • The birth, adoption, or foster care placement of a child. • To care for an immediate family member (spouse, child, or parent) with a serious health condition. • When an employee is unable to work because of his/her own serious health condition. • To care for a spouse, son, daughter, parent, or next of kin who is a service member of the United States Armed Forces and who has a serious injury or illness incurred in the line of duty. This policy does not address all possible situations and circumstances that may arise when an employee requests leave for family or medical reasons. As these leave situations arise, employees should consult with the Department of Human Resources or legal counsel to obtain specific guidance regarding leave rights and obligations. Nothing in this policy supersedes any provision of any collective bargaining agreement, civil service or other local rule, or any law that provides greater family or medical leave rights. 335.1.1 DEFINITIONS: Definitions related to this policy include: (a) Child - A child under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability (29 USC § 2611; 29 CFR 825.102; 29 CFR 825.122). An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster child; stepchild; or a child for whom the employee is standing in loco parentis (in place of a parent). (b) FMLA - The federal Family and Medical Leave Act (29 USC § 2601 et seq.). (c) Qualified health care professional - A physician, surgeon, doctor of osteopathy, podiatrist, dentist, psychologist, optometrist, nurse practitioner, nurse midwife, clinical social worker, or physician assistant duly licensed and authorized to practice medicine; chiropractors for some purposes; any health care provider from whom the district benefits plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits (29 CFR 825.125). (d) Spouse - The person with whom an employee has entered into a marriage defined or recognized by applicable law (29 USC § 2611(13); 29 CFR 825.102; 29 CFR 825.122). Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 1 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave 335.2 POLICY: (a) It is the policy of the Lehigh Acres Fire Control and Rescue District to manage unpaid leave for eligible employees for qualified medical and family reasons in compliance with federal and state law and any applicable collective bargaining agreement. 335.3 ELIGIBLE EMPLOYEES: (a) Employees are eligible for FMLA after working for the Lehigh Acres Fire Control and Rescue District for at least one year and completing 1,250 hours over the 12 months prior to the commencement of the leave (29 USC § 2611; 29 CFR 825.110). Employees may not be eligible for leave if there are less than 50 other employees within 75 miles of the employee’s work site. 335.4 TYPE AND DURATION OF LEAVE: (a) Generally, eligible employees are entitled under FMLA to 12 work weeks of unpaid leave during a 12-month period (29 USC § 2612; 29 CFR 825.100). Up to 26 weeks of unpaid leave during a single 12-month period may be available to care for certain injured military service members. The 12-month period is measured backward from the date leave is taken and continuously with each additional leave day taken. 335.4.1 SERIOUS HEALTH CONDITIONS: (a) Eligible employees may take up to 12 weeks of leave to care for a spouse, child, or parent with a serious health condition or when the employee is unable to work because of their own serious health condition (29 USC § 2612(a)(1); 29 CFR 825.200). (b) If both spouses are employed by the Lehigh Acres Fire Control and Rescue District, the combined number of work weeks to care for a sick parent is limited to 12 work weeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.201). (c) Generally, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves (29 USC § 2611; 29 CFR 825.113): (d) An overnight stay in a hospital, hospice, or residential medical care facility (29 CFR 825.114). (e) Continuing treatment by a qualified health care professional due to a serious health condition of more than three full consecutive calendar days (29 CFR 825.115(a)). 1. Any period of incapacity due to pregnancy complications or prenatal care (29 CFR 825.115(b)). 2. A chronic condition which requires treatment (29 CFR 825.115(c)). 3. A permanent condition for which treatment may not be effective (such as Alzheimer’s or the terminal stages of a disease) (29 CFR 825.115(d)). 4. Any period of absence to receive multiple treatments, including any recovery period, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 2 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave consecutive calendar days without medical intervention or treatment (such as cancer chemotherapy or physical therapy for arthritis) (29 CFR 825.115(e)). 335.4.2 BIRTH OR PLACEMENT OF A CHILD: (a) Eligible employees may take up to 12 weeks of leave for the birth, adoption, or foster care placement of a child of the employee (29 USC § 2612; 29 CFR 825.200). The leave must be concluded within one year of the birth or placement of the child (29 CFR 825.120; 29 CFR 825.121). (b) If both parents are employed by the Lehigh Acres Fire Control and Rescue District, the combined number of work weeks of leave is limited to 12 work weeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.120; 29 CFR 825.121). 335.4.3 MILITARY EXIGENCY LEAVE: (a) Eligible employees may take service member leave of up to 12 weeks for qualifying exigencies occurring because a spouse, child, or parent is on covered active duty or has been notified of an impending order to active duty (29 USC § 2612(a)(1)(E); 29 CFR 825.200). This type of leave is available to a family member of a person in the National Guard, Reserves, or members of the regular Armed Forces deployed to a foreign country. Qualifying exigencies include (29 CFR 825.126): 1. Addressing issues that arise from a short notice (seven or less days) deployment. 2. Attending military events related to the active duty or call to duty. 3. Attending family support or assistance programs. 4. Making child care or educational arrangements or attending school activities arising from active duty or a call to active duty. 5. Making financial and legal arrangements. 6. Spending time with a military member who is on short-term rest-andrecuperation leave during a period of deployment. 7. Attending post-deployment activities. 8. Addressing issues that arise from the death of a military member, such as making funeral arrangements. 9. Caring for a military employee’s parent who is incapable of self-care, such as providing care on an immediate need basis or arranging for alternative care. 335.4.4 MILITARY CAREGIVER LEAVE: (a) Eligible employees may take up to 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform work (29 USC § 2612; 29 CFR 825.200). Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 3 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave (b) Military caregiver leave is also available to family members of covered veterans who were members of the Armed Forces, including the National Guard or Reserves, at any point in the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy (29 USC § 2612; 29 CFR 825.127). (c) During the single 12-month period, employees are entitled to no more than a combined total of 26 weeks of FMLA leave. In any case in which both spouses are employed by the Lehigh Acres Fire Control and Rescue District, the combined number of work weeks of leave is limited to 26 work weeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.127). (d) Service member FMLA leave runs concurrent with other leave entitlements provided under federal, state, and local law. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. 335.4.5 DOMESTIC VIOLENCE LEAVE: (a) Eligible employees may take up to three working days, or two shifts, of unpaid leave in any 12-month period for any of the purposes specified in § 741.313, Fla. Stat. if the employee or a family or household member of the employee is the victim of domestic violence or sexual violence. (b) Advance notice of domestic violence leave is required except in cases of imminent danger to the health or safety of the employee or to the family or household member of the employee. Employees shall provide documentation to support the leave. Employees are required to first exhaust vacation leave, personal leave, and accrued or donated sick leave prior to seeking domestic violence leave. All information relating to this leave shall be kept confidential (§ 741.313, Fla. Stat.). 335.4.6 INTERMITTENT LEAVE: (a) An employee may take leave for the employee’s own serious health condition, for the serious health condition of the employee’s spouse, child, or parent, or to care for a covered service member with a serious injury or illness, intermittently or on a reduced schedule if medically necessary, and if that medical need can best be accommodated by an intermittent schedule as defined in federal law (29 USC § 2612(b); 29 CFR 825.202; 29 CFR 825.124). (b) Leave due to a military exigency may be taken on an intermittent or reduced-leave schedule (29 CFR 825.202). (c) Intermittent leave for the birth, adoption, or foster care placement of a child is only available if granted at the discretion of the Fire Chief, unless the employee has a serious health condition in connection with the birth or if the newborn child has a serious health condition (29 CFR 825.120; 29 CFR 825.121). (d) Intermittent leave for any employee shall be tracked and calculated. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 4 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave 335.4.7 PREGNANCY DISABILITY LEAVE: (a) Pregnant employees who are disabled by pregnancy may be entitled to a disability leave in addition to any FMLA leave. The duration of leave is dependent on the circumstances. The District shall defer to a pregnant member’s qualified health care professional in assessing the member’s ability to work. 335.5 EMPLOYEE BENEFITS WHILE ON LEAVE: (a) While on leave, employees will continue to be covered by any group health insurance to the same extent that coverage is provided while the employee is on the job (29 USC § 2614(c); 29 CFR 825.209). (b) Employees are responsible for any health plan employee contributions while on leave (29 CFR 825.210). Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after their leave entitlement has been exhausted or expires, the District may recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member that would entitle the employee to leave, or because of circumstances beyond the employee’s control (29 CFR 825.213). The District may recover premiums through deduction from any sums (e.g., unpaid wages, vacation pay). (c) Employees may not earn additional time off while on unpaid leave. 335.6 SUBSTITUTION OF PAID ACCRUED LEAVES: (a) In accordance with applicable, law, the District requires the concurrent use of any paid leave available to you, such as vacation, accrued sick leave, donated sick leave, or compensatory time, as part of your FMLA or non-FMLA leave, except if you are on Worker's Compensation leave. Using your paid leave benefit does not add to the total length of your FMLA or non-FMLA leave entitlement and does not delay the start of FMLA. Upon exhausting all available or applicable paid leave, in accordance with District policies, long-term disability insurance, the remainder (if any) of an employee's FMLA or non-FMLA leave time will be unpaid. (b) If Sick Leave donations are solicited or offered on your behalf from any employee(s) not in their initial probationary period, you must communicate in writing to any potential donor the amount of accrued paid time off, including vacation or any other form of paid time off available to you before donations will be reviewed for approval or rejection by the Fire Chief. The Fire Chief shall be provided a copy of your written communication with donor(s) showing available paid leave hours, along with the donor's signature acknowledging receipt. The Sick Leave donations shall not be solicited or obtained from any employee in their initial probationary period. No employee with fewer than 256 hours of accrued sick leave will be allowed to donate time. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 5 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave 335.7 USE OF FMLA LEAVE: (a) If an employee takes a leave of absence for any reason that is FMLA qualifying, the District may designate that non-FMLA leave as running concurrently with the employee’s 12-week FMLA leave entitlement. 335.8 PROCEDURES: (a) The following procedures will apply for all employees requesting leave under FMLA: 1. When a leave is requested for a medical or other FMLA-related treatment appointment, the employee must make a reasonable effort to schedule the appointment at a time that minimizes disruption to the district's operations (29 USC § 2612; 29 CFR 825.302). 2. An employee who wishes to take FMLA must provide the District (Human Resources) 30 days' advanced notice when the leave is foreseeable or as soon as practicable if the need for leave is not foreseeable (29 USC § 2612; 29 CFR 825.302; 29 CFR 825.303). 3. At the time of the request, or notification of a potentially FMLA qualifying event, the employee must complete the appropriate FMLA documents provided by Human Resources. (b) Requests for medical leave shall be accompanied by a qualified health care professional statement, including the date on which the serious health condition began and the estimated date of return to work (29 USC § 2613; 29 CFR 825.302). (c) Once the leave is requested or designated by the District, the employee should forward the request and any medical certifications to the Department of Human Resources. Human Resources will ensure the employee is provided the necessary forms and FMLA information within five days (29 CFR 825.300). (d) Employees are required to provide medical certification of a qualified health care professional or military documentation, if requested (29 CFR 825.305; 29 CFR 825.308; 29 CFR 825.309; 29 CFR 825.310). (e) Employees shall be required to periodically report on their status and intent to return to work (29 USC § 2614; 29 CFR 825.311). This may assist in avoiding a delay in reinstatement when the employee is ready to return to work. (f) Employees returning from a medical leave from the employee's own serious health condition will be required to present medical verification from a qualified health care professional of the employee’s ability to return to work and a list of any restrictions that may be accommodated (29 USC § 2614; 29 CFR 825.100; 29 CFR 825.312), or state, "Without Restriction," if none apply. 335.9 REINSTATEMENT FOLLOWING LEAVE: (a) Generally, employees returning from FMLA leave within the qualified period will be restored to their original job or to an equivalent job with equivalent pay and benefits (but not seniority), unless the employee would not otherwise have been employed at Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 6 Lehigh Acres Fire Control and Rescue District Fire Services Manual Family and Medical Leave the time reinstatement is requested (e.g., in the case of a layoff) (29 USC § 2614; 29 CFR 825.214; 29 CFR 825.216). (b) If the same position is no longer available, such as in a layoff, the employee will be entitled to a position that is comparable in pay, job content, and promotional opportunities and geographic location, if such a comparable position exists. (c) If upon return from leave an employee is unable to perform the essential functions of the job because of a physical or mental disability, the Department of Human Resources or legal counsel should engage in an interactive process with the employee to determine if a reasonable accommodation can be made. (d) After exhausting paid FMLA leave, non-paid leave will continue until the conclusion of the protected 12- or 26-week time limit. Following the protected leave, the Fire Chief, in consultation with the legal counsel or the Department of Human Resources, will determine whether non-FMLA leave should apply. 335.10 RESPONSIBILITY: (a) Employees should work with the Department of Human Resources or legal counsel regarding questions relating to leave or reinstatement from leave under this policy. The Department of Human Resources should advise the employees of their rights and responsibilities. 335.11 RECORDS: (a) The District will maintain leave-related records as required by 29 CFR 825.500 for at least three years and in compliance with the district’s established records retention schedule. (b) Records and documents related to doctor certifications and other medical information created for purposes of complying with FMLA and this policy shall be maintained as confidential medical records in separate files from employee personnel files. 335.12 NOTICE TO EMPLOYEES: (a) The Human Resource Manager should ensure that a notice explaining the FMLA's provisions and procedures is prominently posted in conspicuous places in the District where it can be readily seen by all employees and applicants for employment. Electronic posting is sufficient as long as the other posting requirements have been met as provided by 29 CFR 825.300 (29 CFR 825.300). Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Family and Medical Leave - 7