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HomeMy WebLinkAboutORD889ORDINANCE NO.889 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE JUNCTION,RULE XI,ATTENDANCE AND LEAVES,BY ADDING SECTION 14, FAMILY AND MEDICAL LEAVE POLICY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I .IN GENERAL That Section 14 be added to Rule XI of the Personnel Policies,City of Apache Junction,Arizona as follows: RULE XI.ATTENDANCE AND LEAVES: SECTION 14.Family and Medical Leave Policy A.Purpose:The purpose of family and medical leave is to allow eligible employees to take time away from work in order to attend to the birth, adoption or foster care placement of a child or to attend to their own illness or the illness of a member of the employee's immediate family. B.Definitions:For the purpose of family and medical leave the following definitions apply: 1.Immediate Family:A parent,spouse,son,or daughter is defined as follows: a.Parent:the biological parent of an employee,an individual who stood in place of the parent to that employee,or an employee who has the day-to-day responsibilities of caring for a child. b.Daughter or Son:a biological,adopted,or foster child;a stepchild;a legal ward;or child of a person standing in the place of a parent who is under 18 years of age or 18 years of age or older and incapable of self -care because of a mental or physical disability. c.Spousq:a husband or wife as defined or recognized under State law for purposes of marriage,including common law marriage in States where it is recognized.A spouse does not include unmarried domestic partners. 2.Serious Health Condition:an illness,injury or condition which involves inpatient care in a medical care facility or continuing ORDINANCE NO.889 PAGE 1 OF 6 treatment by a health care provider or which prevents the employee from performing the functions of the position held. C.Eligibility for Family and Medical Leave: 1.Who may use Family and Medical Leave:Eligible employees are those who have been employed by the City for at least 12 months and have worked (including paid absences)for a period of not less then 1250 hours during the preceding 12 months. 2.When Family and Medical Leave may be Used:Family and medical leave may be taken for the following reasons: a.the birth,adoption or foster care placement of a son or daughter if the leave is taken within 12 months of the birth, adoption,or placement; b.the serious health condition of a parent,spouse,son,or daughter; c.the employee's own serious health condition which prevents the performance of the essential functions of the job. D.Duration of Family and Medical Leave:eligible employees are allowed up to 12 weeks of unpaid family and medical leave in a 12 -month period.The 12 -month period will be computed as a rolling 12 month period measured backward from the date leave is used. E.Use of Family and Medical Leave:The following are the terms and conditions for the use of family and medical leave: 1.In the case of the employee's own serious health condition,the employee shall use all accrued sick leave before using accrued vacation leave.Accrued sick leave will be allowed to be used only for the employee's serious health condition,except that an employee may use a maximum of three days sick leave each calendar year for illness of a parent,child or spouse as provided in Rule XI,Section 3,of the Personnel Policies. 2.All accrued vacation leave shall be used before unpaid leave may be used. 3.The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid sick leave and vacation leave,from the 12 weeks of family and medical leave. 4.In the case where both husband and wife are employees of the City, twelve weeks of family and medical leave may be used by each employee in any 12 -month period for any qualifying family and medical leave event. ORDINANCE NO.889 PAGE 2 OF 6 F.Reduced or Intermittent Leave: 1.Intermittent or reduced leave shall be granted for the employee's own serious health condition or the serious health condition of the employee's spouse,parent,son or daughter. 2.Intermittent or reduced leave for the birth,adoption or foster placement of a child will be allowed only with the consent of the Department Director and the Personnel Officer and the use of intermittent or reduced leave shall be limited to a period of twelve consecutive weeks. 3.The Department Director may temporarily transfer the employee to a position that better accommodates the leave,provided the transfer does not deprive the employee of hours that he or she is otherwise available to work. G.Notice Requirements: 1.Thirty -Day -Notice Requirement:An employee wishing to take family and medical leave must give his or her Department Director 30 days advance notice where practical or when the leave is foreseeable. The notice may be verbal and the Department Director shall document the request for leave and provide a copy to the Personnel Officer. I f i t is necessary that the leave begin in less than thirty (30) days,the employee must provide such notice as is practical. 2.Sanctions for Failure to Provide Notice:If the employee could have provided 30 days advance notice to the Department Director but did not,the City may then deny leave for thirty days after the employee provides notice. 3.Designation of Leave as Family and Medical Leave:I t is the responsibility of the agency to designate leave,paid or unpaid,as family and medical leave.The City may inquire further i f the employee does not provide enough information to enable the City to designate the leave as family and medical leave. H.Medical Certification and Reporting Requirements: 1.The City shall require that family and medical leave related to a serious heath condition be supported by a certification issued by the health care provider of the employee,employee's spouse, daughter,son,or parent,as appropriate.A copy of this certification shall be provided to the Personnel Officer within 15 calendar days of the request for certification.The request for certification shall be in writing by the Personnel Officer. 2.The certification must include the following: a.the date on which the serious health condition commenced. ORDINANCE NO.889 PAGE 3 OF 6 b.the probable duration of the condition. c.the appropriate medical facts within the knowledge of the health care provider regarding the condition. d.a statement that the employee is needed to care for the daughter,son,spouse,or parent as appropriate. e.an estimate of the amount of time that the employee is needed to care for the daughter,son,spouse,or parent as appropriate. 3.Failure to provide certification within 15 calendar days shall result in denial of family and medical leave until a certification is provided. 4.If the Personnel Officer questions the validity of the certification the Personnel Officer may require,at the City's expense,that the employee obtain a second certification.I f the second opinion conflicts with the original opinion,the City may require,at its expense,that the employee obtain the opinion of a third health care provider selected jointly by the City and the employee.The third opinion shall be final and binding on both parties. 5.The Personnel Officer may require that the employee obtain subsequent recertification on a reasonable basis. 6.The employee on family and medical leave must notify his/her Department Director at the conclusion of every fourth week of leave of his/her status and intention to return to work. 7.All records or documents provided by a health care provider in response to a request to verify the necessity of family and medical leave shall be maintained in separate files and treated as confidential medical records. I .Effect of Family and Medical Leave on Benefits: 1.An employee will not lose any employee benefit accrued before the date on which s/he begins family and medical leave. a.Employees will not accrue vacation or sick leave during any unpaid absence. b.Retirement credit will not accrue during any unpaid absence. However,the absence will not constitute a break in City service for seniority purposes. 2.Health Coverage:Employees on family and medical leave will continue to receive the same group health coverage they had while in paid status with the following conditions: ORDINANCE NO.889 PAGE 4 OF 6 a.It shall be the responsibility of an employee on unpaid family and medical leave to provide those payments necessary to maintain health insurance coverage. b.I f an employee decides not to return to work,the City is entitled to recover from the employee the cost of the health insurance premiums paid while the employee was on leave. However,no such repayment is required i f the employee is unable to return,as certified by a health care provider,due to circumstances beyond his/her control (i.e.,continuation, recurrence or onset of a serious health condition). J.Return from Family and Medical Leave: 1.An employee who has taken leave for his/her serious health condition shall present to the Department Director a certification from the employee's health care provider that the employee is able to resume work.This certification should include any limitations on performance of duties the employee might have. 2.Upon return from family and medical leave an employee shall be returned to the same position or an equivalent position. 3.An employee need not be reinstated i f the employee would not otherwise have been employed at the time reinstatement is requested. 4.When an employee returning from family and medical leave is not qualified or able to perform the essential functions of the position to which the employee was returned,the employee shall be given a reasonable opportunity in which to become qualified or seek accommodation. 5.When an employee returning from family and medical leave is not able to perform the essential functions of the position to which the employee is returned,the employee may be disqualified. K.Investigation of Use of Family and Medical Leave:The Personnel Officer may investigate the use of family and medical leave.Misuse of family and medical leave shall be cause for disciplinary action up to and including dismissal. SECTION II.REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY If any section, subsection,sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to ORDINANCE NO.889 PAGE 5 OF 6 be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED THIS 1sT DAY OF MARCH ,1994,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF MARCH ,1994. JEA May ATTEST: KATHLEEN CONNELLY City Clerk AR GLENN GIMBUT Cifty Attorne ORDINANCE NO.889 PAGE 6 OF 6