Bonita Springs Fire Control & Rescue District Family Medical Leave Policy PDF

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 602 Family Medical Leave Effective Date: 7/12/2010 Revision Date: 9/1/2011 Eligibility and Reasons Employees who have worked for Bonita Springs Fire Control and Rescue District for at least 12 months and at least 1,250 hour...

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 602 Family Medical Leave Effective Date: 7/12/2010 Revision Date: 9/1/2011 Eligibility and Reasons Employees who have worked for Bonita Springs Fire Control and Rescue District for at least 12 months and at least 1,250 hours during the preceding 12 months may take up to 12 inconsecutive , intermittent weeks of unpaid leave in a 12 month period for the following reasons: The birth of a son or daughter of an employee and the care for the child. The placement of a son or daughter with an employee for adoption or foster care (entitlement to leave for birth, placement for adoption, or foster care of a son or daughter expires 12 months from the date of the birth or placement of the child). The care of the Employee's spouse, son, daughter, or parent who has a serious health condition. A serious health condition which renders the Employee unable to perform the functions of the Employee's position. Son or daughter means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person who is standing in as a parent who is: under 18 years of age 18 years of age or older and incapable of self-care because of a mental or physical disability. Serious Health Condition A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either: In-patient care (That is; an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purpose of this policy defined to mean the; inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom). Any subsequent treatment in connection with in-patient care; or continuing treatment by a health care provider. Intermittent Leave In the case of unpaid leave for a serious health condition, the leave may be taken intermittently or on a reduced hour basis only if such leave is medically necessary. If intermittent or reduced hours leave is required, Bonita Springs Fire Control and Rescue District may, in its sole discretion, temporarily transfer the Employee to another job with equivalent pay and benefits that better accommodates that type of leave. Verification The District will require that an employee's leave to care for the Employee's seriously ill spouse, son, daughter, or parent, or due to the Employee's own serious health condition that makes the Employee Page 85 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook unable to perform one or more of the essential functions of the Employee's position, be supported by a certification (Certification of Health Care Provider Form) issued by the health care provider of the Employee or the Employee's ill family member. In accordance with Department of Labor (DOL) rules, the District may request, at the District's expense, a second or third health care provider's opinion for leave taken because of a serious health condition. The District may also require subsequent re-certification from the Employee's health care provider on a reasonable basis, in accordance with DOL rules, which normally will not be more than every 30 days. No second or third opinion will be required upon re-certification. Children In the case of unpaid leave for the birth or placement of a child, or for foster care, or intermittent leave, working a reduced number of hours is not permitted unless both the District and Employee agree. Spouses Who Both Work for the District If both spouses work for the District, the combined leave shall not exceed 12 weeks in a 12-month period if the leave is taken for birth of the Employee's son or daughter, or to care for the child after birth, for placement of a son or daughter with the Employee for adoption or foster care, or to care for the child after placement, or to care for the employee's parent with a serious health condition. Health Insurance Premiums During family leaves of absence, the District will continue to pay its portion of the health insurance premiums and maintain the Employee's coverage under the health plan in the same manner as if the Employee had been continuously employed during the entire leave period. Accrual During leave, the FMLA does not require accrual of employment benefits, such as vacation pay, sick days, seniority, etc. Accordingly, during Family and Medical Leave, accrual of benefits and seniority shall be on the same basis as for any other unpaid leave of absence. Pension benefits will be determined in accordance with DOL rules. Employment benefits, to which an employee may be entitled on the day on which the Family and Medical Leave of absence begins, will not be lost because of such leave, except for those paid leave days substituted for leave taken under this policy as described above. Upon return from FML, employees are entitled to any changes in benefit plans not dependent upon seniority or accrual during the leave period. Employees will not be disqualified from bonuses based upon attendance or safety for which they qualified prior to leave because of the taking of Family and Medical Leave. Relationship to Paid Leave Employees may elect or may be required to substitute, without limitation, accrued sick leave or personal Page 86 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook leave for an equivalent portion of Family and Medical Leave. Employees may elect or may be required to substitute accrued paid sick/medical leave for an equivalent portion of FML leave for a serious health condition. To the extent the District does not provide paid personal/medical or family leave for a condition covered by FMLA, neither this policy nor the FMLA entitles the Employee to paid leave. However, any personal leave, paid leave, and the FML may run concurrently. Leave covered by Short-Term or Long-Term disability by the District may run concurrently with FML when the reason for the leave is covered by the FMLA; however, the District may allow the use of personal leave, paid leave, at the same time. Return from Family and Medical Leave With the exception of certain key employees, employees who return to work from FML absence within or on the business day following the expiration of the leave are entitled to return to their job or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. Designation of key employee status and whether such status will affect the Employee's right to reinstatement will be made at the time the Employee requests leave or at the commencement of leave, whichever is earlier, or as soon as practical thereafter, if such determinations cannot be made at that time. Application Applications (Request for Family or Medical Leave of Absence Form) by the Employee for FML must be submitted in writing at least 30 days before the leave is to begin; if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the Employee or of a family member. If 30 days’ notice is not practical, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practical. Counting Family Medical Leave To the extent allowed by law, in the event an absence is for a reason covered by the FMLA, the District reserves the right to count the absence as FML whether the Employee has applied for it or not. When this occurs, the Employee will be promptly notified as required by law. Coordination Absences due to sickness or injury, whether paid or unpaid, including absences for work-related sickness or injury that are also covered by the FMLA, will be considered FML. Employee Obligations During FML, employees must periodically report on their medical status and intent to return to work. Page 87 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Upon taking such leave, the Employee will be advised of the reporting requirements. When the Employee gives unequivocal notice of his/her intent not to return to work, the employment relationship will be terminated, and the Employee's entitlement to continue leave, maintenance of health benefits, and reemployment will cease. Medical Evidence Upon Return to Work All employees of the District whose FML was taken because of the Employee's own serious health condition must obtain and present certification from the Employee's health care provider that the Employee is able to resume work before the Employee will be allowed to return to work. Failure to Cooperate Employees who fail to provide requested information (allowed by law) to the District may have their leave delayed and be subject to discipline up to and including discharge as permitted by law. Page 88 of 145