CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           FAMILY/MEDICAL LEAVE -

                                                                        Policy

 

DATE ISSUED:                                   :           May 1, 1995

 

SECTION:                                           :           L

 

REFERENCE:                                     :           California Family Rights Act of 1993; The Family and Medical Leave Act of 1993.

 

 

 

SECTION 1:                                        PURPOSE

 

                                                            The purpose of this policy is to grant job protected unpaid family and medical leave to employees with one or more years of service.  Leave shall be granted for up to 12 weeks per 12-month period for any one or more of the following reasons:

 

            A.        The birth of a child of an employee and in order to care for such child or the placement of a child with an employee in connection with the adoption or foster care of child by an employee (such leave must be taken within the 12-month period following the child's birth or placement with employee); or

 

            B.         To care for a child, parent or a spouse who has a serious health condition; or

 

            C.        Because of a serious health condition that makes the employee unable to perform the functions of his/her position.

 

 

SECTION 2:                                        DEFINITIONS

 

                                                            A.        Child:  One for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, or a son or daughter of person standing in loco parentis, who is under 18 years of age, or who is 18 years of age or older who is incapable of self-care because of a mental or physical disability, or who is between the ages of 18 and 24 and is a full-time student.

 

                                                            B.         Parent:  A biological, foster, or adoptive parent, a stepparent, or a legal guardian.  Parent does not include a parent-in-law or grandparent.

                                                            C.        Spouse:  A partner in marriage as defined in California Civil Code Section 4100.

 

                                                            D.        Serious Health Condition or Illness:  An illness, injury, impairment, or physical or mental condition that involves:

 

                                                            1.         Inpatient care; or

 

                                                            2.         Any period of incapacity requiring absence from work for more than three calendar days and that involves continuing treatment by a health care provider; or

 

                                                            3.         Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three calendar days; or

 

                                                            4.         Prenatal care by a health care provider.

 

 

SECTION 3:                                        INTERMITTENT OR REDUCED LEAVE

 

                                                            An employee may take leave intermittently (a few days or a few hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of a serious health condition of the employee when "medically necessary." 

 

                                                            "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.

 

                                                            An employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave when the leave is planned based on scheduled medical treatment.

 

 

SECTION 4:                                        PREGNANCY DISABILITY LEAVE

 

                                                            Family/Medical Leave may be taken in combination with Pregnancy Disability Leave.

SECTION 5:                                        CERTIFICATION

 

                                                            An employee may be required to submit the appropriate form certifying the employee's or family member's serious health condition. The form shall be completed by the employee's or family member's treating physician or practitioner, and submitted to the Personnel Department.

 

 

SECTION 6:                                        HEALTH BENEFITS

 

                                                            Health benefits coverage will continue during the leave at the level and under the conditions coverage is provided prior to the leave.  An employee may be required to reimburse the City for the premiums paid by the City during the leave if the employee fails to return to work from the leave for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the employee to leave, or other circumstances beyond the employee's control.

 

                                                            Certification issued by the health care provider of the child, spouse, parent, or employee, indicating that the employee is unable to return to work because of the continuation, recurrence or onset of a serious health condition may be required.

 

 

SECTION 7:                                        ADDITIONAL PROVISIONS

 

                                                            Any additional provisions under the California Family Rights Act and/or the Federal Family and Medical Leave Act will be addressed by the Personnel Department on a case-by-case basis.