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RESOLUTION NO. A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING THE POLICY OF THE CITY REGARDING FAMILY AND MEDICAL LEAVE AND DIRECTING THAT SUCH POLICY BE INTEGRATED INTO THE PERSONNEL POLICY OF THE CITY AND ADOPTING AN EFFECTIVE DATE. WHEREAS, the United States legislature enacted the Family and Medical Leave Act effective August 5, 1993, and such federal law requires that the City adopt a Family and Medical Leave Policy in conformance with such Act NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: 1. That the City hereby adopts the attached Family and Medical Leave policy and directs that it be made a part of the Personnel Policy of the City, and that all employees of the City are heretofore directed to comply with such policy. 2. That such policy be effective from the date of adoption of this resolution. PASSED by the City Council and APPROVED by the Mayor this 18th day of Apri 1 , 1994 ATTEST: v/c Paul C. Agidius:ayoT ---PAGE BREAK--- FAMILY AND MEDICAL LEAVE Full-time employees with a minimum of 12 months of continuous service are entitled to 12 weeks of unpaid leave during any 12 month period. Employees eligible for leave of absence under the Act must have worked for the City for 12 months or more and have at least I ,250 hours of service during the 12 month period immediately preceding the leave of absence. Employees may take family leave to care for a child following birth or placement of a child with an employee for adoption or foster care; to care for an employee's spouse, child or parent with a serious health condition; and to recuperate, if the employee is unable to perform his or her job because of a serious health condition. A serious health condition includes illness, injury, or mental condition involving any of the following: I . Incapacity or treatment i n connection with inpatient care i n a hospital. hospice, or residential medical facility; 2. A period of incapacity requiring an absence of greater that three days involving continuing treatment or supervision by a health care provider; or 3. Continuing treatment or supervision by a health care provider for prenatal care or for a chronic or long-term health condition that is incurable, or for a condition that is so serious that if left untreated, would likely result in a period of incapacity of more than three days. Leave for a serious health condition may be taken on an intermittent or reduced schedule when medically necessary; that is, leave may be taken on a schedule that reduces the usual number of hours per day or days per week the employee works during the period of the leave. Leave for birth or placement of a child can be taken on an intermittent or reduced schedule, but must be taken and concluded within one year from the date of birth or placement. For medical leave the employee must make a reasonable effort to schedule leave to avoid disrupting operations and must provide 30 days advance notice to his/her supervisor unless events dictate otherwise, in which case, practicable notice must be provided. The City may require certification from a health care provider stating the date on which the condition commenced, and the probable duration of the condition. Employees on leave are required to periodically report to their supervisor regarding their status and intent to return to work. The City will return the employee to the same position or another position with equal benefits, pay, and other terms and conditions of employment. Certain employees who ---PAGE BREAK--- have been designated "Key Employees" may not be eligible for reinstatement to the same position if their leave would cause grievous, economic harm to the City. If the employee fails to return within 12 weeks following a family/medical leave, the employee will be reinstated to his/her same or similar position, only if available, in accordance with applicable laws. If the employee's same or similar position is not available, the employee may be terminated. The City will continue group health coverage under the same terms and conditions as when the employee is not on leave. This means that both the City and the employee must continue their contributions during the leave. If the employee chooses not to return to work for reasons other than a continued serious health condition, the City will recover from the employee the premium that was paid for the employee's health coverage from the employee's final paycheck. A husband and wife who both work for the City have a combined 12 weeks total leave in a 12 month period for the birth of a child, placement from an adoption or foster care facility, or for the care of a sick parent. The full 12 weeks ( 480 hours) of leave is available to each employee for their own serious health condition or that of a child or spouse. Employees are required to use accrued paid sick leave first. Employees are also required to use accrued paid vacation leave after all sick leave has been used. However, if an employee so chooses, he/she may save five vacation days to be used at a later date. If the accruals to be used are less than 12 weeks, the employee may take the rest as unpaid leave. Employees will continue to accrue vacation and sick leave while utilizing their vacation and sick leave. However, they will cease to accrue vacation and sick leave during the unpaid portion of their leave. To protect an employee's privacy rights, medical certification will be treated as confidential medical records and information will be disclosed only on a strictly need to know basis.