To establish procedures for granting
leaves for employees due to the birth or adoption of a child, to care for a
spouse, parent or child with a serious illness, or for the serious illness of
Sate ABC " ABC
Act of 1991" and subsequent regulations.
Act of 1993" and subsequent regulations.
Employer ABC Leave of Absence Policy.
State ABC Government Code Section
00000, "Pregnancy, childbirth or related medical condition.".
Family and Illness Leave is paid or
unpaid time away from work due to
·Birth or adoption of a child
·Care for a spouse, child or parent with
a serious illness
·Serious illness of the employee,
including job-related injuries and disability due to pregnancy
State ABC Family and Illness Leave is
the same as Federal Family and Illness Leave except disability due to pregnancy
is not included.
Family and Illness Leave used in this
policy means both Federal and State Family and Illness Leave.
Pregnancy Disability Leave is taken
when a woman is disabled due to pregnancy.
Child includes a biological, adopted or
foster child, a step child, a legal ward or a child of a person standing in the
place of a parent who is either under age 18 or is an adult dependent child.
Parent includes biological, foster, or
adoptive parent, a stepparent or legal guardian.
Spouse is the person to whom a city
employee is legally married.
Serious health condition is an illness,
injury, impairment or physical or mental condition requiring either inpatient
treatment at a hospital, hospice or residential care facility or continuing
treatment or supervision by a health care provider.
Employees employed for 12 months and
have worked over XXXX hours in the previous 12 months, may take a paid Family
and Illness Leave for up to 12-weeks per year in the case of an employee
illness or injury.Pay is at the
employee’s current rate of pay and is based on his/her regular weekly
Employees employed for 12 months and have
worked over XXXX hours in the previous 12 months, may take an unpaid Family and
Illness Leave for up to 12-weeks per year.Family and Illness Leave, as an unpaid status, is a reason for absence
from work for the reasons outlined above.
The amount of
Family and Illness Leave granted will be based on the amount of Family and
Illness Leave taken in the 12 months preceding the request for leave, the
amount of time requested, and in all cases of serious health condition,
adequate medical certification.
Under State law, pregnant employees are
eligible for up to 16 weeks of unpaid Pregnancy Disability Leave.Family and Illness Leave runs concurrently
with Pregnancy Disability Leave.The
12-weeks of Family and Illness Leave begins at the end
of the pregnancy disability period.
Family and Illness
Leave may be taken intermittently, or for less than a full day.
returning to work from Family and Illness Leave, subject to the exception
below, shall return to the position held at the beginning of the leave, or to
an equivalent position with equivalent pay and benefits.
·An employee has no right to return to
the same or equivalent position if the position and any comparable positions
are eliminated for legitimate business reasons during the employee's Family and
·An employee in the highest paid 10
percent of all employees may be denied the option to return to his or her
position if the denial is necessary to prevent substantial economic injury to
the Employer and the employee is so notified before the leave begins.
Employees on a
Family and Illness Leave will continue to have the Employer’s portion of the
cost for health insurance paid by the Employer during the leave period.This 12-week period includes time the
employee is on a paid and/or unpaid leave.Health insurance includes medical, vision, and dental insurance, and
participation in the Employee Assistance Program.
This policy does
not provide leave for child care when a spouse is ill or injured.
It is against
policy and state and federal law to discriminate against an individual because
·Exercised his or her right to family
·Given information or testimony
regarding his or her family care leave in an inquiry or proceeding relating to
any right guaranteed by law.
supervisor shall send a Family and Illness Leave Acceptance Memo to the
employee.A supervisor may verbally
notify an employee and then send a notice and the Family and Illness Leave
period starts when the employee is notified.
·This memo will advise the employee with
notice that the leave is approved.
·The supervisor must complete this memo
for all Family and Illness Leaves, paid or unpaid, and deliver it to the
consider for Family and Illness Leave associated with pregnancy, birth or
adoption of a child:
·A woman is eligible for up to 16 weeks
of leave for medical conditions related to a pregnancy disability.
·Family and Illness Leave runs
concurrently with Pregnancy Disability Leave.
·Employees on Pregnancy Disability Leave
must use sick leave and may elect to use vacation and compensatory time prior
to commencing the leave.
·The 12-week Family and Illness Leave
begin at the end of the Pregnancy Disability Leave.
·The Employer will assume the Pregnancy
Disability Leave ends 6 weeks after the birth unless otherwise notified by the
·Eligibility for Family and Illness
Leave to care for a newborn or newly adopted child does not need to be taken
immediately, but ends one year after the date of birth or adoption.
Requests for leave
to care for a spouse, parent or child with a serious health condition or the
employee's own serious health condition will be evaluated using the guidelines
·Sick Leave can be used for up to XX weeks.
·When an employee has no remaining leave
balances Paid or unpaid), a request for leave without pay can be requested in
accordance with the City's Leave of Absence Policy.
When a leave is
requested for the serious illness of a family member of the employee, the
employee shall provide medical certification.The certification must include the date, if known, on which the
condition commenced, the likely length of the condition, an estimate of the
time the employee needs to care for the individual,
and a declaration that the condition warrants the employee provide care during
When a leave is
requested for the serious illness of the employee, the certification shall
include the date, if known, on which the condition commenced, the likely length
of the condition, and a declaration that the employee is unable to perform the
functions of the position.
·The supervisor may require the employee
to obtain the opinion of a 2nd health care provider.If the 2nd opinion differs from
the 1st, the supervisor may require the employee to obtain a 3rd
option, approved by the Employer and the employee.The 3rd opinion shall be final and
binding.2nd and 3rd
opinions will be obtained at the Employer’s expense.
The employee shall give the supervisor
30 days advance written notice of a leave when the need for the leave is known
in advance.In special circumstances,
the advance may not be required.Decisions are made on a case by case basis on a “without prejudice”
Leave requests are evaluated on a case
by case basis.If leave time requested
extends beyond the 12-week Family and Illness Leave period, the needs of the
department, the needs of the employee and the ability to provide coverage in
the employee's absence must be considered in evaluating the request.