09-018
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1 ORDINANCE 09- Olfi
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING ORDINANCE 098-06 BY
:; AMENDING CHAPTER IV, "BENEFITS", SUBSECTION
6 07 ENTITLED .'F AMIL Y AND MEDICAL LEAVE ACT"
7 OF THE PERSONNEL POLICY MANUAL; PROVIDING
8 FOR CONFLICTS, SEVERABILITY, AND AN
9 EFFECTIVE DATE.
10
11 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
14
15 WHEREAS, the City staff has recommended that the amendment to the Family and
16 Medical Leave Act located within the Personnel Policy Manual will bring the procedure in line
17 with the Federal Statute and regulations regarding Family Medical Leave; and
18
19 WHEREAS, the proposed change to the Personnel Policy Manual is in the best interest
20 of the health, safety and welfare of the Citizens and residents of Boynton Beach.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
25 Section 1. The foregoing whereas clauses are true and correct and are ratified and
26 confirmed by the City Commission.
27
28 Section 2. That the Personnel Policy Manual (PPM) Chapter IV, subsection 07,
29 Family and Medical Leave Act, is hereby amended, as follows:
30 Chapter IV. Benefits
31 ***
32 07. Family and Medical Leave Act
33 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993).
34 29 CFR Part 825 as amended Janua 16 20091:
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:\CA\Ordinances\PPM Amendments - FMLA (2009).doc
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1 Employees granted leave under FMLA are required to use accrued sick leave while on FMLA.
2 Should sick leave be exhausted while on FMLA leave, employees are entitled to use accrued
3 vacation leave. The accrued paid leave used will be considered FMLA-protected leave and
4 counted against the FMLA leave entitlement.
5
6 When medically necessary, an employee may take leave intermittently or on a reduced leave
7 schedule for his/her own serious health condition or that of a family member. Intermittent or a
8 reduced leave schedule is not available for the birth and care or placement of a child.
9
10 A. Entitlcmcnt
11 Employee~; of the City, includint; k.ey employee:; except 'shere expre~;sly e)(cluded, who have
12 worked for the City for at lea~;t 12 months and have worked at least 1250 hours during that time
13 may be entitled to a total of 1 '1 week~; of unpaid medical leave during any 12 month period,
14 commencing horn the first date of the leave period, ',.,.,hen leave is taken for one or more of the
15 /()Ilowing:
16
17 -Birth ofa child of an omploycc and to carc for the child:
18 -The placement of a child \\'ith an employee for adoption or foster care. (Foster care requires
19 state action.)
20 -To care for the spouse, child or parent of illl employee, but not a parent "in Inv/', if the
21 family member has a ~;erious condition; or
22 ~employee i:; unable to perfclml the functi()n~; of the po~;ition, becau~;e orthe employee's
23 o',vn serious health condition.
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25 The employee's entitlement to leave 1()r birth-; adoption or tC)ster care, expire:; at the end-e:Hhe
26 P month period beginning on the date of the birth or placement.
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28 Employees gr~mt0d FMLA lea\'e are required to use all accrued paid leave and sick time 'Nhile
29 on FMLA leave. Employees are entitled to use vacation time during an FML^. leave for days not
30 co\ered by accrued leuve or ~;ick time-:
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32 B. Continuation of Bcnefits
33 Thl: City ,;hall continue group health plan coverage for employees on FMLA leave for the duration of
34 the eligible employee's leav\:. Covemge ~;hall be provided on the same level and under the same
35 conditions that coverage would hove been prlwided if no leave had been taken. /\n employee on
36 F1\4I-^ leave v.ithout pay shall po:, any dependent coverage and other premiums normally paid. Such
37 payment is due in Human Rl:~;ource~~ by the 25th of each month. In the e','ent that an employee faiL to
38 return to work after the period of leave expires, the City may recover any premiums the City paid for
39 cO'ieroge during the leave period. Such recovery can be taken from any benefit:; or '...ages O\med by
40 the city to the employee.
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~\CA\Ordjnances\PPM Amendments - FMLA (2009)do<:
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1 -Continuation, reoccurrence or onset of an employee's tw..n serious health condition or that of a
2 family member.
3 -Due to circumstances beyond the control of the employee.
4
5 The employee is required to provide the personnel department with \'.ritten certification, from the
6 employee's or family member's health care provider, substantiating 1 and/or 2 abo'ie. Failure to return
7 within 30 calendar days of the agreed upon date and provide the above certification may result in
8 termination and the City may recover premiums paid.
9 Co Definitions
10
11 KE'LEMPLO'(EES: Salaried el1lployee~; who are among the highest paid 10% of all employees.
12 FAMIL Y MEMBER: Includes spouse, parents, son and daughter. .rhe term spouse means current
13 husband or wife as recognized under state law for purpose of marriago. .rhe term parent means the
14 biolo'7ical parent or individual who ~;tand~; or stood in loco parentis (in the place of a parent) to an
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15 employees when the employee wa~; 11 child. This term does not include parent "in law". The term son
16 or daughter means biological. adopted or fo~;tor child, stepchild, legal 'liard, or a child of a person
17 standing in loco parentis. who either under age 18, or age 18 or older and incapable of self care
18 because of a mental or phy:;ical disability.
19 S.E~)USES.: employed by the City are jointly entitled to a combined total of 12 weeks of family leave
20 for the bilth, adoption or foster care of a child or the care of a child or parent who ha~; a serious health
21 condition.
22 II ~ERIQ1J.c'i-'IE.."-^.Jc'TH CO~mnlON: i~; an illne<,.;, injury, impairment physical or montal condition
23 that il]\ ol..e~;:
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25 -Incapacity or treatment connected with inpatient care at a ho:;pital, hospice or residentiall110dical
26 care facility involving an o..ernight stay.
27 -In capacity requiring the ab:;ence of three calendar days from work that involves continliing
28 treatmont or :;upervi:;ion of a health care provider.
29 -Continuin;,; treatment by a health care provider for-a chronic long term health condition that if
30 not treatcd would likely ro:;ult in a period of incapacity of more than 3 calendar days.
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32 1>. Requirements
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34 ,^.n employee requesting FML'\ lew.'0 shall explain. in '.\riting, to Human Resources the rea~;ons for
35 the nced for ~;uch leave. The employec shall give, ,>..hen foreseeable, 30 days advance notice of the
36 need for FML^ leave. The City may requc~;t a~; much substantiating documentation from the
37 employee as it feci:; necessary to make a detcrmination a~; to whether the reason for the request
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26 : :7 _ :;,::~~Ie alterna"" pnSlnell, _ffi " ''', I ' / een~ I,b ref wktek IRe emplo, ee IS
l' III i' \'!hlch better accommodatl:~; the-{;ttJ~' flcecL and that at the omplo)eeo
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28 .(;.~ee
29 ~~~(;~ ~~o~~::::::;~~eK~!e~~~~~nAit :i~~::;:::f\Q;39) dey" ad,..,..
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32 -:.{.'ho expected birth of a child,
33 _: ::PCCted place",ell' or e child fer adoption or j,,,ler care,
34 _~:~: :6i,eOI ,re."netl' tor ekilcl, ,po~"e '" pareR' witk. s.ri~us ke.llh e'mclili~)"
35 . I . (hcal trellt\llUnt III the case 01 till,) employee'~; own seflOUS health condItIon,
36
37 =;S~'~.:~I~~:::~~~,;:'~itt:~~ I~R ~.::c:~, ~~:::)~ ~E
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39 ~,;~;~=~E~:;:,~f.@;~~!o~~::=~ ~~~::E
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41 ~ ~, :1~\ 'NIlI ~~ ~~~bJect to apprapna~o Eh:;elrl1fla~y aetH'IH.
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S\CA\Ordinances\PPM Amendments - FMLA (2009) doc
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1 .tIQIIC:hLRQ-,~Ln:U:~(~!I.YIQK,~Y~MPl~QY...~Ji~:-The City shall notify a key employee before
2 leave i:; taken if economic injury i:; foro:;een at the time.
3
4 RFCERTIFIC:\TrON: ,\n employee who has tal~eFl leave because of the omployee's own :;erious
5 i Iwalth condition or that of a family member~; is required by the City to obtaiFl subsequent "'fitteR re
6 I certification of that medioal conditions e'.'erv fhe (5) weeks during the duration of the cOfldition. In
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7 addition, employees on FMLA leave are required to report every :2 '.'leeks, in writing on their status
8 and the intention of the employee to return to "'>'ark. Failure to report as stated above may subject the
9 employee to diseiplinary action for unexcw;ed ab:;ence.
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11 RJ;JN~I:'.'\TpJ'!1p~T: Elie,ible employees other than ke) employees, who comply 'Aith all provisions
12 of thb policy and V.-l10 return from FMLA \6(1'.6 '8ill be returned to the job position held prior to the
13 lea',(:, or may be placed, a'~ the di:;cretion of the Cit)', in an equivalent position '.,itb equivalent
14 benefits.
15
16 l+l-B....ClTy M,\ Y DENY RESTORATION TO A KEY EI\4PLOYEE IF:
17 I ,Denial is neces~;ary to prevent ":;ub.;tantiaJ and grieyous economic injul)'" to the employer;
18 2.The City notifies employee of it:-; intent to deny restoration Ofl that ba::;is at the time the City
19 6eteFmine~; that ~juch injury ''>/ould occur and after being notified, the employee elects not to
20 return. The City shall not deny the employee the oppo/1unity to take leave (i.l::l., must notit~; the
21 el11plo) ee after the leave is requested but before the leave is taken, if economic injury is fore:;ccn
22 at that time) and, if the employee already is on leave ,,,,hen the notice is g.i\en, the city :;hall giye
23 the employee an opportunity to return to ~\ork.
24
25 While on lem'c, eligible employees will retain all accrued benefits. An employee will
26 continue to accrue benefit~; (vacation, longevity, seniority, ~;ick. etc.) during FMLA leave
27 (yacation. longevity, seniority, sick, etc.) in accordance w.ith current accrual standards.
28 Reinstated employees are not entitled to any right. benefit or position of employment other
29 than any to \\'hich they would have been entitled hud they not taken the leave.
30
31 Prior to reinstatement an employee who:,e leave '"vas based on the employee'~; ovm serious
32 health condition is required to provide, -ift. writing, to the personnel department a certification
33 from the employee'~; health care provider that the employee is able to return to work.
34
35 Section 3. Should any section or provision of this ordinance or portion hereof, any
36 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
37 such decision shall not affect the remainder of this ordinance.
38
39 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
40 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
41 conflict.
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S.\CA\Ordinances\PPM Amendments - FMLA (2009) doc
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1 Section 5. This Ordinance shall become effective immediately upon passage.
. 111 M
2 FIRST READING this ~ day of _. Ap.ctl ,2009.
+h
~ SECOND, FINAL READING and PASSAGE this ~ day of
4
5 ApRi L- ,2009.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8 ~:xt~
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11 yayor -. T or
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16 Commissioner - ~ei~
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18 d~~) Z
19 ~()mmis~er - Vloodrow ~'
20 2::? 'zk .. .
21 ___ (dr~ yJL-- ~
22 Commissioner - Marlene Ross
23
24 ATTEST:
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