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12. Leave Without Pay In circumstances not falling within other provisions of these rules, the Department Director may authorize an employee to take leave without pay under such terms and conditions as may be mutually agreeable up to a maximum of 2 calendar weeks. Authorized leave without pay in excess of 2 weeks must be approved by the City Manager. 13. FMLA Leave The City offers FMLA leave pursuant to the provisions of the Family and Medical Leave Act of 1993. Employees with at least 12-months of service, and who have worked at least 1,250 hours in the last 12-months, may be eligible to take up to 12 weeks of unpaid Family/Medical Leave within any 12-month period and be restored to the same or an equivalent position upon return from the leave. The City will calculate the 12-month period by using a "rolling" 12-month period. Family/Medical Leave is defined as an approved absence available to eligible employees for up to 12 weeks under particular circumstances. Circumstances that would constitute Family/Medical Leave are as follows: 1. The birth of a child and in order to care for such a child; 2. The placement of a child with you for adoption or foster care; 3. To care for your spouse, son, daughter, or parent with a serious health condition; or 4. Because of your own serious health condition which renders you unable to perform the functions of your position. FMLA leave because of reasons (1) or (2) must be completed within the 12- month period beginning on the date of birth or placement. In addition, spouses employed by the City who request leave because of reason (1) or (2) or to care for an ill parent may only take a combined total of 12 weeks leave during any 12- month period. FMLA leave is generally unpaid. An employee must substitute accrued paid leave under certain circumstances: 1. If FMLA leave is requested because of a birth, adoption or foster care placement of a child, or to care for a spouse, child, or parent with a serious health condition, any accrued paid vacation, first will be substituted for any unpaid Family/Medical Leave. 2. If FMLA leave is requested because of the employee's own serious health condition, any accrued paid sick leave will be substituted first and then accrued paid vacation will be substituted for any unpaid leave time that does not extend the 12 week leave period. If FMLA leave is requested because of the employee's own or a covered relation's serious health condition, the employee and the relevant health care Employee Policies HandbooklPage 28