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HomeMy WebLinkAboutO-1993-1924 e . ORDINANCE NO. 93-1924 AN ORDINABCE ADOPTING AN AMENDMENT TO CHAPTER 6, SECTION 14, "FAMILY/MEDICAL LEAVE", OF THE CITY OF LA PORTE PERSONNEL POLICY MANUAL DATED JABUARY 1, 1992; PROVIDING A SEVERABXLXTY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. Chapter 6, section 14, "Family/Medical Leave" of the City of La Porte Personnel Policy Manual dated January 1, 1992, is hereby amended, and shall hereafter read as follows, to-wit: "SECTION 14 - FAMILY/MEDICAL LEAVE Any regular full time employee with at least 12 months of service, and that has worked at least 1250 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 may be granted to regular full time employees to maintain continuity of service and to allow them to take the necessary time to handle compelling matters. 1. Family/Medical Leave shall be defined as an approved absence available to eligible employees for up to 12 weeks per year 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 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. 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. 2. Family /Medical Leave is generally unpaid. An employee may substitute accrued paid leave under certain circumstances. If 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 e e ORDINANCE NO. 93-1924 PAGE 2 paid vacation, first will be substituted for any unpaid Family/Medical Leave, if requested by the employee. If 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 Family/Medical Leave, if requested by the employee. The use of paid leave time for unpaid leave time does not extend the 12 week leave period. 3. If leave is requested because of the employee's own or a covered relation's serious health condition, the employee and the relevant health care provider must supply appropriate medical certification. Medical Certification Forms may be obtained from the Human Resources Department. When leave is requested, the City will notify the employee of the requirement for medical certification and when it is due (at least 15 days after leave is requested). Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The City, at its expense, may require an examination by a second health care provider designated by the City, if it reasonably doubts the medical certification initially provided. If the second health care provider's opinion conflicts with the original medical certification, the City, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The City may require subsequent medical recertification on a reasonable basis. 4. If medically necessary for a serious health condition of the employee or his or her spouse, child, or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, the City may require the employee to transfer temporarily to an alternative position (equivalent in pay and benefits) which accommodates recurring periods of absence. 5. No loss of service credit with the City will occur as a result of the leave, but no benefit credits will accrue toward vacation or sick leave during unpaid leave. However, accruals toward vacation and sick leave may be earned during paid leave. 6. The employee's health benefits will continue during the leave, in accordance with the City of La Porte Medical Plan Document. However, if the employee does not return to work they will be responsible for 100% repayment of premiums paid by the City, unless they cannot return to work because of a serious health condition or other circumstances beyond their control. The employee is responsible for payment of their dependent coverage premiums and other authorized payroll deductions while they are on leave. e e ORDINANCE NO. 93-1924 PAGE 3 7. If the need for Family/Medical Leave is foreseeable, the employee must give the City 30 days prior written notice. When unforeseen events occur that require Family/Medical Leave, employees must give notice as soon as practicable, ordinarily within one or two working days. Failure to provide such notice may be grounds for delay of leave. The City has Request for Family/Medical Leave forms available from the Human Resources Department. These forms should be used when requesting leave. 8. If leave is taken because of the employee's own serious health condition or to care for a covered relation, the employee must contact the City on the first and third Friday of each month regarding the status of the condition and their intent to return to work. 9. Upon completion of leave because of the employee's own serious health condition, the employee is required to provide medical certification that they are fit to resume work. Return to Work Medical Certification Forms may be obtained from the Human Resources Department. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. NOTE: For the purposes of the Family/Medical Leave Policy, the following definitions apply: "Spouse" is defined in accordance with applicable State law. "Parent" includes biological parents and individuals who acted as your parents, but does not include parents-in-law. "Child" includes biological, adopted, foster children, stepchildren, legal wards, and other persons for whom you act in the capacity of a parent and who is under 18 years of age or over 18 years of age but incapable of caring for themselves. "Serious Health Condition" means any illness, impairment, or physical or mental condition that involves: (1) any incapacity or treatment in connection with inpatient care; (2) an incapacity requiring absence of more than three calendar days and continuing treatment by a health care provider; or (3) continuing treatment by a health care provider of a chronic or long-term condition that is incurable or will likely result in incapacity of more than three days if not treated. "Continuing Treatment" means: (1) two or more treatments by a health care provider; (2) two or more treatments by a provider of health care services (e.g., physical therapist) on referral by or under orders of a health care provider; (3) at least one treatment by a health care provider which results in a regimen of continuing treatment under the supervision of the health care provider (e.g., a e e ORDINANCE NO. 93-1924 PAGE 4 program of medication or therapy); or (4) under the supervision of, although not actively treated by, a health care provider for a serious long-term or chronic condition or disability which cannot be cured (e.g., Alzheimer's or severe stroke). "Health Care Provider" includes: licensed MO's and OD's, podiatrists, dentists, clinical psychologists, optometrists, chiropractors authorized to practice in the State, nurse practitioners, and nurse-midwives authorized under State law, and Christian Science practitioners." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Personnel Policy Manual hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Personnel Policy Manual, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 93-1924 PAGE 5 PASSED AND APPROVED, this 11th day of October, 1993. BV:~~ / Norman L. , Mayor ATTEST: ~~ Sue Lenes, City Secretary A~~ Knox W. Askins, City Attorney