Marysville Municipal Code Art. 6 Family And Medical Leave

Notwithstanding any other provision of this Title to the contrary, for purposes of this Article the following terms and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

(a)

"Act"

means the federal Family and Medical Leave Act.

(b)

"Qualified Family Member"

means parent, spouse, son or daughter, as those terms are defined in the Act.

(c)

"Serious Health Condition"

has the meaning defined in the Act.

Family and medical leave is a period of approved leave, whether with or without pay, which an eligible employee is entitled to take for the purposes of: 1) postpartum recovery, assistance in that recovery, bonding with a new child by either or both parents, or other reasonable needs associated with adjustment to the addition to an employee's family of a new child; 2) caring for a qualified family member with a serious health condition; and 3) a serious health condition which renders the eligible employee incapable of performing the functions of his or her job.

Subject to applicable provisions of this Article, all permanent employees in city service who have been employed for at least one year and who have worked a minimum of One Thousand Two Hundred Fifty (1,250) hours in the twelve month period immediately preceding an absence hereunder, shall be eligible for family and medical leave.

Family and medical leave may apply when a child arrives as a result of childbirth, adoption, assumption of legal guardianship, or other assumption by an employee of a formal "in loco parentis" relationship.

(a) Family and medical leave shall be a charge against available annual leave, or compensatory leave balances, or leave without pay, or a combination of all of these.

(b) Requests for the use of paid annual leave are subject to the same terms, conditions and restrictions as apply to any other use of that leave; provided, however, that if the purpose for leave hereunder is the serious health condition of the employee or qualified family member, certification of medical necessity, in the form approved for that purpose by the Personnel Director, signed by a licensed physician, must be presented at the time of the employee's request for leave, or on demand by the city.

(c) All available paid leave balances must normally be exhausted prior to granting of leave of absence without pay.

(d) Any employee returning from leave to his place of employment within the time authorized by his department head, will be returned to the same position he held at the commencement of leave, or to another position of equivalent pay and related benefits, and other terms and conditions of employment.

(e) An employee on family and medical leave who does not return to his place of employment for a period of at least thirty (30) consecutive calendar days shall be responsible for the city's share of all health insurance premiums paid on behalf of the employee for the entire period of such leave, and the City Manager shall withhold or recover such premiums in any lawful manner.

An employee wishing to take family and medical leave should request specific amounts of leave time with as much advance notice as possible (e.g., early in pregnancy) so that the department director is given maximum opportunity to plan for any needed office or workload accommodations.

Length of time for family and medical leave will be determined on an individual basis, and will include consideration by the city of the employee's leave circumstances, the nature of his job, and his personal objectives.

(a) Generally, the combination of paid and unpaid time off associated with family and medical leave will be limited to a total period of twelve (12) weeks from the date that the leave begins; provided, however, that exceptions for longer leave periods may be approved by the City Manager in accordance with Article 8 of this Chapter.

(b) If more than one qualified family member is employed in city service by the same appointing authority, each such family member is entitled to the full twelve (12) weeks of leave hereunder, subject to eligibility.

(c) Notwithstanding subsection (b) hereof, eligible spouses shall be limited to a combined total of twelve (12) weeks of leave during any 12-month period if the leave is taken:

(1) for birth of their son or daughter, or to care for the child after birth;

(2) for placement with the spouses of a son or daughter for adoption or foster care, or to care for the child after placement; or

(3) to care for a parent of one of the spouses with a serious health condition.

(d) Any time remaining from an employee's annual twelve week entitlement after leave taken pursuant to subsection (c) hereof, may be taken for the employee's own qualifying serious health condition.