05-048
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1 ORDINANCE 05- 0 '-i .f
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING ORDINANCE 098-06 BY
5 AMENDING CHAPTER IV, "BENEFITS", SUBSECTION
6 07 ENTITLED "FAMILY AND MEDICAL LEAVE ACT"
7 OF THE PERSONNEL POLICY MANUAL; PROVIDING
8 FOR CONFLICTS, SEVERABILITY, AND AN
9 EFFECTIVE DATE.
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II WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of the
12 City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton Beach,
13 which document has been amended from time to time; and
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15 WHEREAS, the City's current Family and Medical Leave Act may be in conflict with
16 existing Union contracts; and
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18 WHEREAS, the City staff has recommended that the amendment to the Family and
19 Medical Leave Act located within the Personnel Policy Manual will bring the procedure in line
20 with the union contracts; and
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22 WHEREAS, the proposed change to the Personnel Policy Manual is in the best interest
23 of the health, safety and welfare of the Citizens and residents of Boynton Beach.
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25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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28 Section 1. The foregoing whereas clauses are true and correct and are ratified and
29 confirmed by the City Commission.
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31 Section 2. That the Personnel Policy Manual (PPM) Chapter IV, subsection 07,
32 Family and Medical Leave Act, is hereby amended, as follows:
33 Chapter IV. Benefits
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35 07. Family and Medical Leave Act
36 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993).
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38 A. Entitlement
39 Employees of the City, including key employees except where expressly excluded, who have
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1 worked for the City for at least 12 months and have worked at least 1250 hours during that time
2 may be entitled to a total of 12 weeks of unpaid medical leave during any 12 month period~
3 commencing from the first date of the leave period~ when leave is taken for one or more of the
4 following:
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6 . Birth of a child of an employee and to care for the child:
7 . The placement of a child with an employee for adoption or foster care. (Foster care
8 requires state action.)
9 . To care for the spouse, child or parent of an employee, but not a parent "in-law", ifthe
10 family member has a serious condition; or
11 . The employee is unable to perform the functions ofthe position, because of the
12 employee's own serious health condition.
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14 The employee's entitlement to leave for birth, adoption or foster care, expires at the end of the
15 12-month period beginning on the date of the birth or placement.
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17 Employees granted FMLA leave are required to use all accrued paid leave and sick time while
18 on FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not
19 covered by accrued leave or sick time.
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21 B. Continuation of Benefits
22 The City shall continue group health plan coverage for employees on FMLA leave for the duration of
23 the eligible employee's leave. Coverage shall be provided on the same level and under the same
24 conditions that coverage would have been provided if no leave had been taken. An employee on
25 FMLA leave without pay shall pay any dependent coverage and other premiums normally paid. Such
26 payment is due in Human Resources by the 25th of each month. In the event that an employee fails to
27 return to work after the period of leave expires, the City may recover any premiums the City paid for
28 coverage during the leave period. Such recovery can be taken from any benefits or wages owned by
29 the city to the employee.
30 Should the employee fail to return due to the following circumstances the City will not attempt to
31 recover such premiums:
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33 · Continuation, reoccurrence or onset of an employee's own serious health condition or that of
34 a family member.
35 · Due to circumstances beyond the control of the employee.
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37 The employee is required to provide the personnel department with written certification, from the
38 employee's or family member's health care provider, substantiating 1 and/or 2 above. Failure to return
39 within 30 calendar days of the agreed upon date and provide the above certification may result in
40 termination and the City may recover premiums paid.
41 C. Definitions
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43 KEY EMPLOYEES: Salaried employees who are among the highest paid 10% of all employees.
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1 . F AMIL Y MEMBER: Includes spouse, parents, son and daughter. The term spouse means current
2 I husband or wife as recognized under state law for purpose of marriage. The term parent means the
3 biological parent or individual who stands or stood in loco parentis (in the place of a parent) to an
4 employees when the employee was a child. This term does not include parent "in law". The term son
5 or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of a person
6 standing in loco parentis, who either under age 18, or age 18 or older and incapable of self care
7 because of a mental or physical disability.
8 SPOUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave
9 for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health
10 condition.
11 A SERIOUS HEALTH CONDITION: is an illness, injury, impairment, physical or mental condition
12 that involves:
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14 · Incapacity or treatment connected with inpatient care at a hospital, hospice or residential
15 medical care facility involving an overnight stay.
16 · In capacity requiring the absence of three calendar days from work that involves continuing
17 treatment or supervision of a health care provider.
18 · Continuing treatment by a health care provider for a chronic long term health condition that if
19 not treated would likely result in a period of incapacity of more than 3 calendar days.
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21 D. Requirements
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23 An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for
24 the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of the
25 need for FMLA leave. The City may request as much substantiating documentation from the
26 employee as it feels necessary to make a determination as to whether the reason for the request
27 qualifies under the act. The Human Resources Director and the Department Director, after careful
28 review, shall forward a recommendation to the City Manager.
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30 WHEN LEAVE IS REQUESTED the employee must provide, in writing, a medical certification
31 stating the condition and the need for leave from the employee's or family member's health care
32 provider within ten (10) days of the written request for leave. A CERTIFICATE OF PHYSICIAN OR
33 PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any
34 medical reason cited by the employee. The City may not request additional information from such
35 provider but may require the employee to obtain, at the City's expense, a second opinion. The City
36 shall designate the health care provider to furnish such second opinion. If the two opinions conflict,
37 the City may require the employee, at the city's expense, to obtain certification from a mutually agreed
38 upon third health care provider who's opinion will be final. This certification will be treated as a
39 confidential medical record and the information will be disclosed only as required by law.
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41 INTERMITTENT OR REDUCED SCHEDULE LEAVE: When medically necessary, intermittent or
42 reduced schedule leave may be taken due to an employee's own serious health condition or that of a
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l' family member. Intermittent or reduced schedule leave is not available for the birth or placement of a
2 child.
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4 Employees seeking intermittent or reduced schedule leave based on planned medical treatment are
5 required to produce certification outlining the dates on which treatment is expected and the duration
6 of the treatment. Employees are expected to make a reasonable effort, subject to the health care
7 provider's approval, to schedule treatment so as to not unduly disrupt the City's operations. Employees
8 are required to give the City, through the personnel department thirty (30) days notice or as much
9 notice as is practicable of their intentions.
lOIn the event an employee requests intermittent or reduced scheduled leave due to a family member's or
11 the employee's own serious health condition, the City may elect to temporarily transfer the employee
12 to an available alternative position, with equivalent pay and benefits for which the employee is
13 qualified and which better accommodates the City's needs and that of the employee.
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15 E. Notice
16 NOTICE FROM ELIGffiLE AND KEY EMPLOYEES: A minimum of thirty (30) days advance
17 notice of an employee's intent to take leave is required when it is foreseeable due to:
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19 · The expected birth of a child.
20 · The expected placement of a child for adoption or foster care.
21 · Planned medical treatment for child, spouse or parent with a serious health condition.
22 · Planned medical treatment in the case of the employee's own serious health condition.
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24 If leave has to begin in less than thirty (30) days as a result of one of the above referenced
25 circumstances, the employee must provide the City, through Human Resources, with as mush advance
26 notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is
27 NOT given in these circumstances, the employee will be considered to have taken "unauthorized
28 leave" and will be subject to appropriate disciplinary action.
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30 NOTICE FROM THE CITY TO KEY EMPLOYEES: The City shall notify a key employee before
31 leave is taken if economic injury is foreseen at the time.
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33 RECERTIFICATION: An employee who has taken leave because of the employee's own serious
34 health condition or that of a family members is required by the City to obtain subsequent written re-.
35 certification of that medical conditions every five (5) weeks during the duration of the condition. In
36 addition, employees on FMLA leave are required to report every 2 weeks, in writing on their status
37 and the intention of the employee to return to work. Failure to report as stated above may subject the
38 employee to disciplinary actIOn for unexcused absence.
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1 REINSTATEMENT: Eligible employees other than key employees, who comply with all provisions
2 of this policy and who return from FMLA leave will be returned to the job position held prior to the
3 leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent
4 benefits.
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6 THE CITY MAY DENY RESTORATION TO A KEY EMPLOYEE IF:
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Denial is necessary to prevent "substantial and grievous economic injury" to the employer;
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2. The City notifies employee of its intent to deny restoration on that basis at the time the City
determines that such injury would occur and after being notified, the employee elects not to
return. The City shall not deny the employee the opportunity to take leave (i.e., must notify the
employee after the leave is requested but before the leave is taken, if economic injury is foreseen
at that time) and, if the employee already is on leave when the notice is given, the city shall give
the employee an opportunity to return to work.
While on leave, eligible employees will retain all accrued benefits. An employee will
continue to accrue benefits (vacation, longevity, seniority, sick, etc.) during FMLA leave
(vacation, longe';ity, seniority, sick, etc.) in accordance with current accrual standards.
Reinstated employees are not entitled to any right, benefit or position of employment other
than any to which they would have been entitled had they not taken the leave.
Prior to reinstatement an employee whose leave was based on the employee's own serious
health condition is required to provide, in writing, to the personnel department a certification
from the employee's health care provider that the employee is able to return to work.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this ordinance.
Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 5.
This Ordinance shall become effective immediately upon passage.
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1
FIRST READING this /~vI1 day of /-/t/..t;:;t.d --:r
, 2005.
2 SECOND, FINAL READING and PASSAGE this ~ day of
~ S;::;~/J16e-te.. ,2005.
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18 ATTEST:
19 c :,x;;1;;~ it~..-r
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21 CIty Clerlv' "-
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CITY OF BOYNTON BEACH, FLORIDA
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