Family and Medical Leave Act
In accordance with the Family and Medical Leave Act passed by the United States Congress on January 5, 1993, The Town of Franklin provides time off to employees who need time for their own medical reasons, including childbirth or adoption, and to provide care to family members with serious medical conditions.
The Town shall approve up to 12 weeks of absence from work for personal and family medical care during any 12 month period as long as the employee has been employed by the Town for at least 3 months on a full time basis and/or has worked 1000 hours in the prior twelve-month period immediately before the date the time off is to commence.
After the leave, employees will be entitled to be restored to the same position of employment as held when the absence began, or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. An exception to the employment restoration provision may be made if the employee is a salaried employee and is among the highest ten percent (10%) of the town’s employees and restoring the employment of the employee would result in substantial economic injury to the Town. In this situation, the employee will be notified as soon as possible of the Town’s intent to deny restoration and will be given an opportunity to return to work. A doctor’s release may be required if the employee is returning from a medical leave of three (3) or more days.
FMLA absences shall be provided for any one or more of the following reasons:
The birth of a child and in order to care for that child;
The placement of a child for adoption or foster care, and to care for a newly placed child;
To care for a spouse, child, or parent with a serious health condition;
The serious health condition (described below) of the employee.
If a husband and wife both work for the Town of Franklin and each wishes to take time off for the birth of a child, adoption, or placement of a foster care child, they may take a combined total of 12 weeks of leave.
If siblings work for the Town of Franklin and each wishes to take time off for the care of a parent, they may take a total of 12 weeks of leave.
If medically necessary, time off may be taken on an intermittent or reduce leave schedule. The total time off may not exceed a total of 12 workweeks over a 12-month period of time. Employees are encouraged to work with managers to plan how the work can be accomplished during their absence. If intermittent leave is required, however, the Town may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided the position has equivalent pay and benefits.
Paid or Unpaid Time Off
The Town may require that the employee use any paid vacation leave, sick leave, and personal leave to which they are entitled before moving to unpaid leave.
Basic Requirements
The Town shall require medical certification from the health care provider to support a request for medically approved time off for employee’s own serious health condition or to care for a seriously ill child, spouse, or parent. This certificate and ongoing information about the medical condition will be required for any period of extended sick leave whether during or preceding FMLA coverage.
For leave to care for a seriously ill child, spouse, or parent, the certification must state that the employee is needed to provide the care.
At its discretion, the town may require a second medical opinion and periodic re-certification at its own expense. If the first and second medical opinions differ, the town, at its own expense, may require the opinion of a third health care provider, approved by both the town and the employee. This third opinion is then binding.
Employee Status and Benefits During Leave:
Employees remain employees during the entire period of this leave.
Some employees, who have saved vacation time balances, may be paid during some period of FMLA. The Town will continue to make payroll deductions to collect the employee’s share of the premium.
If an employee exhausts vacation, and personal time balances he or she may continue his or her group Health Insurance coverage by arranging to pay his or her portion of the premium contributions during the unpaid periods of leave, if any. Employees pay the full amount of life, dental, or disability insurance coverage they have elected.
Payment must be received in the Treasurer’s Office by the 15th day of the month.
If the payment is more than 30 days late, the employee’s health care coverage may be dropped for the duration of the leave.
The Town will provide 15 days’ notification prior to the termination of coverage.
If an employee elects not to return to work upon completion of an approved unpaid leave, the Town may recover from the employee the cost of any premiums paid by the Town to maintain the employee’s coverage, unless the failure to return to work was for reasons beyond the employee’s control Benefit entitlement based upon length of service will be calculated as the last paid work day prior to the start of any unpaid portion of the leave.
An employee on leave will not lose any employment benefits accrued prior to the leave but will be paid earned time off during the leave.
An employee on leave accrues no additional seniority or employment benefits during any unpaid period of the leave.
Notification and Reporting:
When the need for leave can be planned or anticipated, such as the birth or placement of a child, or a scheduled medical treatment, the employee must provide reasonable prior notice.
When possible the employee should make efforts to schedule the leave to minimize disruption to the Town’s operations.
In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.
Definitions:
FAMILY MEDICAL LEAVE ABSENCE -- An approved absence available to eligible employees for up to twelve (12) weeks of time off in any twelve-month period under circumstances that are critical to the employee’s health or the health of the employee’s family.
CHILD – A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under eighteen (18) years old or a dependent adult.
FAMILY CARE LEAVE –
The birth of a child of the employee;
The placement of a child with an employee in connection with the adoption or state-approved foster care of the child by the employee; or
The serious health condition of a child, parent, or spouse.
MEDICAL CARE LEAVE – A leave taken when the employee is unable to perform the functions of his or her job because of a serious health condition.
PARENT – A biological, foster, or adoptive parent, a stepparent, or a legal guardian. “Parent” does not include a parent-in-law or grandparent.
SERIOUS HEALTH CONDITION –A serious health condition is defined as any of the following:
A condition which requires inpatient care at a hospital, hospice, or residential medical care facility
Any period of incapacity or any subsequent treatment in connection with such inpatient care by a licensed health care provider.
Illnesses of a serious and long-term nature, resulting in recurring or lengthy absence. Generally, a chronic or long term health condition which, if left untreated, would result in a period of incapacity of more that three days, would be considered a serious health condition.
An illness, injury, impairment or physical or mental condition of a child, parent, or spouse which warrants the participation of a family member to provide care during a period of the treatment or supervision of the child, parent, or spouse and also involves either:
Inpatient care in a facility
Continuing treatment or continuing supervision by a health care provider.
Procedures
a. The date the condition commenced (may be estimated)
b. The probable duration of the condition (may be estimated and revised over time)
c. The appropriate medical facts regarding the condition
d. A statement describing the employee’s ability to perform the normal functions of his or her position due to this condition.
3. Complete an Insurance Premium Recovery Authorization Form. This form certifies that an employee acknowledges the town’s legal right to recover the cost of any premium paid by the town to maintain his or her coverage in group health benefits during any period of unpaid leave except under the following conditions:
a. The continuation, recurrence or onset of a serious health condition that entitles the employee to leave to care for a child, parent, or a spouse with a serious health condition
b. The employee is unable to perform the functions of the position due to his or her own serious health condition
c. Other conditions beyond the employee’s control that prevent him or her from returning to work.
e. The probable duration of the condition
f. The appropriate medical facts regarding the condition
g. An estimate of the time needed to care for the individual (including any recurring treatment)
h. A statement that warrants the employees involvement
4. To request intermittent time off, or a reduced work schedule, the employee must provide the following additional information from the health care provider: (Physicians Certification Form)
a. A statement that explains why intermittent time off is needed or why the reduce work schedule is appropriate.
b. The expected duration of the schedule.
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