Purpose

The Metropolitan Library System (Library) is committed to informing employees of their rights and responsibilities under the Family and Medical Leave Act of 1993, as amended (the FMLA). This Policy is intended to comply with the FMLA and all regulations. All items in the Policy shall be defined and interpreted to comply with the FMLA and all regulations.

Policy

The Family and Medical Leave Policy ensures that the Library has established a set of rules, procedures and guidelines in accordance with federal law and regulations governing Family and Medical Leave.

Eligibility & Requirements:
Leave under the FMLA is available to all employees of the Library (1) who have worked for the Library for at least 12 months (consecutive or non-consecutive over a seven year period); and (2) who have worked at least 1,250 hours during the 12 months immediately preceding the commencement of FMLA leave; and (3) if at least 50 employees are employed by the Library within 75 miles of the employee’s worksite. Such employees are referred to as “Eligible Employees” in this Policy. FMLA leave is not available to ineligible employees or to non-employees.

Basic Leave Entitlement:
In compliance with the FMLA, the Library will provide Eligible Employees with up to 12 workweeks of unpaid, job-protected FMLA leave per single, rolling 12-month period for FMLA qualifying reasons. The Library will also provide Eligible Employees with up to 12 workweeks of leave for military family leave for exigent circumstances per single 12-month period and up to 26 workweeks of leave per single, rolling 12-month period for care of a covered service member (see “Military Family Leave Entitlements” under this Policy).

The Library determines the single 12-month period in which the Eligible Employee can take FMLA leave by measuring a “rolling” 12-month period backward from the date the Eligible Employee commences any FMLA leave. Each time an employee takes leave, the Library will compute the amount of leave the employee has taken under this Policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

FMLA qualifying reasons include:

• incapacity due to pregnancy, prenatal medical care or childbirth;
• leave to care for the Eligible Employee’s child after birth, or placement for adoption or foster care;
• leave to care for the Eligible Employee’s spouse, son, daughter, or parent, who has a “serious health condition”; or
• a “serious health condition” that makes the Eligible Employee unable to perform the Eligible Employee’s job.

For purposes of this Policy and the FMLA, a “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the Eligible Employee from performing the functions of the Eligible Employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the “continuing treatment” requirement may be met by:

• a period of incapacity of more than three (3) consecutive, full calendar days combined with at least one visit to a health care provider within 30 days of the first day of incapacity (absent extenuating circumstances), or one visit to a health care provider resulting in a regimen of continuing treatment under the supervision of the health care provider for which the employee sees the health care provider at least two times per year for treatment. The first (or only) in-person visit to a health care provider must occur within seven (7) days of the first day of incapacity;
• incapacity due to pregnancy or prenatal care;
• incapacity or treatment for a chronic Serious Health Condition;
• incapacity that is permanent or long-term due to a Serious Health Condition that does not respond to treatment; or
• absences to receive (or recover from) multiple treatments for restorative surgery or a condition that would result in incapacity for more than three (3) consecutive, full calendar days if left untreated.

Other conditions may also meet the definition of continuing treatment as defined under the applicable FMLA regulations. Please contact Human Resources for further information.

If leave is taken for more than one of the eligible reasons listed above, a total leave of 12 workweeks is allowed; not 12 workweeks for each eligible reason.

Spouses who are both employed by the Library are entitled to a combined total of 12 workweeks of leave (rather than 12 workweeks each) for the birth or adoption of a child or for the care of a parent with a Serious Health Condition. If one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA Leave. Where the husband and wife both use a portion of the total 12 week FMLA Leave entitlement for the birth or adoption of a child or for the care of a parent with a Serious Health Condition, the husband and wife would be entitled to the difference between the amount he or she has taken individually for the purposes above and the 12 weeks allowed for other qualifying purposes (e.g. the member’s own, or a child’s serious medical condition).

Leave for birth or placement for adoption or foster care must conclude within twelve (12) months of the birth or placement. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the employer’s approval.

Military Family Leave Entitlements:

“Qualifying Exigency Leave”
An Eligible Employee with a spouse, son, daughter, or parent on covered active duty or who is being called to covered active duty status in the National Guard, Reserves, or regular Armed Forces deployed to a foreign country is permitted to take unpaid, job-protected FMLA leave for a total of 12 workweeks during any 12-month period to address certain qualifying exigencies. Qualifying exigencies may include any of the following:

• Short-notice deployment (notice of seven (7) days or less) – up to seven (7) days of leave is allowed;
• Military events and related activities;
• Childcare and school activities;
• Financial and legal arrangements;
• Counseling sessions provided by someone other than a health care provider (nonmedical);
• Rest and recuperation of up to fifteen (15) days to spend time with a covered military member who is on short-term, temporary, rest and recuperation leave;
• Post-deployment activities within ninety (90) days of the termination of the covered military member’s duty;
• Parental care for military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty; or
• Additional activities to which the Library and the Eligible Employee may agree and under times and duration agreed to between the Library and Eligible Employee.

“Military Caregiver Leave”
An Eligible Employee is permitted to take up to 26 workweeks of leave per single 12-month period to care for a “Covered Service Member” that is the Eligible Employee’s spouse, son, daughter, parent, or next of kin. A Covered Service Member is: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status or is on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the Eligible Employee takes FMLA leave to care for the veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness.

A “serious injury or illness,” for purposes of Military Caregiver Leave, is distinct from the definition of Serious Health Condition and shall be defined as set out in the applicable FMLA regulations. For further information, please contact Human Resources.

The Next of Kin is the nearest blood relative of a Covered Service Member other than the Covered Service Member’s Spouse, Parent, or Child. The Next of Kin is in the following order of priority: blood relatives who have been granted legal custody of the service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the Covered Service Member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the Covered Service Member, all such family members shall be considered the Covered Service Member’s next of kin and may take FMLA leave to provide care to the Covered Service Member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the Covered Service Member’s only next of kin. For example, if a Covered Service Member has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the Covered Service Member’s next of kin. Alternatively, where a Covered Service Member has a sibling(s) and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the Covered Service Member’s next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the Covered Service Member pursuant to § 825.122(k).

The single 12-month period available for Military Caregiver Leave commences on the first day of FMLA leave to care for the Covered Service Member and ends exactly twelve (12) months later. This leave entitlement is applied to each Covered Service Member on a per-injury basis, except that no more than 26 workweeks of leave may be taken within any single 12-month period.

Benefits and Protections:
During FMLA leave, the Library will maintain an Eligible Employee’s health and other insurance coverage on the same terms as if the Eligible Employee had continued to work. Eligible Employees are responsible for payment of their insurance premium contributions in order for coverage to continue during any period of unpaid absence. The Eligible Employee must contact Human Resources to make payment arrangements.

If an Eligible Employee’s premium payment is more than thirty (30) days late, the Library will no longer be obligated to maintain insurance coverage for that Eligible Employee. If a premium payment is late, the Eligible Employee will be mailed a notice at least fifteen (15) days before coverage would cease, informing the Eligible Employee that coverage will be terminated on a set date that is at least fifteen (15) days after the date of the notice unless the premium payment is received.

The Library may recover its share of health insurance premiums and other premiums paid by the Library on the Eligible Employee’s behalf during a period of unpaid FMLA leave from the Eligible Employee if the Eligible Employee fails to return to work after the FMLA leave entitlement has been exhausted or expires, unless the Eligible Employee’s failure to return is due to the continuation, recurrence, or onset of a Serious Health Condition which would otherwise entitle the Eligible Employee to FMLA leave, or to circumstances beyond the Eligible Employee’s control.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an Eligible Employee’s leave. Other than when reinstatement can be lawfully denied, most Eligible Employees shall be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms upon return from FMLA leave.

Intermittent Use of Leave:
Under certain circumstances, Eligible Employees do not need to use FMLA leave in one block of time. When medically necessary, leave can be taken intermittently (in separate blocks of time due to a single health condition) or by taking reduced schedule leave (reducing the usual number of hours or work per workweek or workday, usually by moving the employee from full-time to part-time while on FMLA leave). Leave will be accounted for in fifteen (15) minute increments. If the medical certification indicates that intermittent leave or reduced schedule leave is needed beyond a single 6-month period, recertification is required. Leave due to qualifying exigencies or Military Caregiver Leave may be taken on an intermittent or reduced schedule leave basis. Recertification may be requested if: (1) the employee requests an extension of leave; (2) the circumstances described by the previous certification have changed significantly, or (3) the employer receives information that causes it to doubt the employee’s stated reason for the absence or the continuing validity of the existing medical certification.

Employees are not entitled to intermittent or reduced schedule leaves for the birth or placement of a child, unless the mother or the child has a Serious Health Condition and such leave is medically necessary.

The Eligible Employee and the Library shall attempt to work out a schedule for such intermittent and reduced schedule leave that meets the Eligible Employee’s needs without unduly disrupting the Library’s operations, subject to the approval of the health care provider. In certain circumstances, the Library may require the Eligible Employee to transfer, temporarily, during the period that the intermittent or reduced schedule leave is required, to an available alternative position for which the Eligible Employee is qualified and which better accommodates recurring periods of FMLA leave than does the Eligible Employee’s regular position. The alternative position will have equivalent pay and benefits. When the Eligible Employee is able to return to full-time work, the Eligible Employee will usually be placed in the same or equivalent position as when the FMLA leave commenced.

Abuse of Leave:
Employees may not take leave pursuant to this Policy to work for compensation for another employer or person. Any such leave is prohibited and will be considered an unapproved leave of absence and the employee will be subject to discipline, up to and including termination of employment.

Employees who fraudulently use available leave pursuant to FMLA or use leave for a reason other than the purpose for which the leave was requested, will be subject to discipline, up to and including termination of employment.

Employees who have excessive absences beyond absences or leave pursuant to FMLA, other applicable law, or the Library’s other leave policies may be subject to discipline, up to and including termination of employment.

Limitations on an Employee’s Right to Reinstatement and Termination of Leave:
An Eligible Employee on FMLA leave has no greater right to reinstatement or to other benefits and conditions of employment than if the Eligible Employee had been continuously employed during the FMLA period.

Approved FMLA leave can terminate in several ways, including when an Eligible Employee: (1) returns to work, (2) does not return to work when the leave expires, (3) accepts employment elsewhere or provides unequivocal notice of intent not to return to work when the leave expires, (4) behaves while on leave in such a manner that would cause termination of employment if still actively at work, or (5) violates this Policy by, among other things, obtaining FMLA leave fraudulently or using FMLA leave for a reason other than the purpose for which the leave was requested.

Substitution of Paid Leave and Workers’ Compensation Absences:
FMLA leave is unpaid leave. However, Eligible Employees must substitute any accrued paid leave, such as annual vacation days, floating holiday, and sick leave, during FMLA leave prior to taking unpaid leave.

The term substitute means that the paid leave available will run concurrently with and will count against the Eligible Employee’s unpaid FMLA leave entitlement. By doing this, Eligible Employees may, for example, receive compensation from vacation leave during a period of otherwise unpaid FMLA leave.

Any workers’ compensation absence that would otherwise qualify for leave under this FMLA Policy will run concurrently with and will count against the Eligible Employee’s unpaid FMLA leave entitlement.

The Library cannot guarantee Eligible Employees that they will be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms after FMLA leave is exhausted, even if remaining leave is available under any other law.

Employee Responsibilities:
Employees must provide at least thirty (30) days advance notice to the Library of the need to take FMLA leave when the need is foreseeable. When planning medical treatment, the employee must consult with the Library and make a reasonable effort to schedule the treatment so as not to disrupt unduly the Library’s operations, subject to the approval of the healthcare provider. If thirty (30) days’ notice is not possible, the employee must provide notice as soon as practicable and must comply with the Library’s normal call-in procedures.

Employees must provide sufficient information to Human Resources to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform Human Resources if the requested leave is for a reason for which FMLA leave was previously taken or certified.

An Eligible Employee’s failure to provide (i) timely and (ii) sufficient notice may result in the delay in the start of the Eligible Employee’s FMLA leave. Further, an employee who fails to follow the Library’s usual and customary notification procedures, absent unusual circumstances, may be subject to discipline and any leave request may be delayed or denied. No action on the part of the Library or any of its representatives shall be interpreted as a waiver of employee’s FMLA notice requirements under 29 C.F.R. §§ 825.302(g), 825.304(e).

Eligible Employees must provide complete and sufficient certification forms within fifteen (15) days of receipt of the Library’s request, unless it is not practicable despite the Eligible Employee’s diligent good faith efforts. Failure to submit these forms on a timely basis may delay FMLA leave or result in denial of the leave request. Once on leave, if Eligible Employees need more or less leave time than originally anticipated, Eligible Employees must provide at least two days’ notice to the Library of the changed circumstance where foreseeable.

If the Library has reason to doubt the validity of the initial certification, the Eligible Employee may be required to obtain a second medical opinion at the Library’s expense (except for Military Caregiver Leave certifications affiliated with DOD, VA, or TRICARE.), and a third if the first two differ. Recertification, at the Eligible Employee’s expense, will be required at the expiration of the initial leave certification if continued leave is needed and may otherwise be requested as permitted by law. Failure to timely return a recertification may result in a denial of FMLA leave.

The Library may request recertification for leave taken because of the employee’s own serious health condition or the serious health condition of a family member every thirty (30) days if the employee continues to be absent. If the medical certification indicates that the minimum duration of the condition is more than thirty (30) days, the Library will wait until the minimum duration expires before requesting a recertification. In all cases the Library can request recertification of a medical condition every six (6) months in connection with an absence of the employee. In all cases, the Library may request recertification in less than thirty (30) days if: (a) the employee requests an extension of leave; (b) circumstances described by the previous certification have changed significantly; (c) the Library receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification. All recertification requested shall be at the employee’s expense.

Eligible Employees must also provide a fitness-for-duty certification from their health care provider indicating that they are able to safely resume work and perform the essential functions of their job. The fitness-for-duty certification must be returned to Human Resources for review and approval prior to the Eligible Employee’s requested return-to-work date. Failure to return a fitness-for-duty certification may result in a delay of the Eligible Employee’s restoration of employment.

The Library’s Responsibility:
The Library will timely issue a Notice of Eligibility and Rights & Responsibilities informing employees requesting leave of their FMLA eligibility. If eligible, the notice will specify any additional information, including certification forms that may be required as well as the employees’ rights and responsibilities. If not eligible, the Library will provide a reason for the ineligibility.

Upon receipt of enough information to determine whether the leave is for an FMLA-qualifying reason (i.e., upon receipt of the certification form), the Library will timely issue a Designation Notice informing Eligible Employees: (1) if leave will be designated as FMLA-protected and (2) for scheduled FMLA leave, the amount of leave to be counted against the Eligible Employees’ leave entitlement, if known at the time of the designation of the leave. If it is not possible to provide the amount of leave to be counted against the Eligible Employee’s leave entitlement at the time of the designation of the leave, then the Eligible Employee has the right to request this information once in a 30-day period (if leave was taken in the 30-day period). The Designation Notice will also contain information concerning the Eligible Employee’s return to work, including the requirement that the Eligible Employee present a fitness-for-duty certification indicating that the Eligible Employee can perform the essential functions of the Eligible Employee’s position. If the Library determines that the leave is not FMLA-protected, the Library will also timely issue a Designation Notice to the Eligible Employee stating the reason that the leave is not FMLA-protected.

Key Employees under FMLA:
A “Key Employee”, as defined by the FMLA, is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all employees employed by the employer within 75 miles of the employee’s worksite. The Library retains the right to deny reinstatement to “Key Employees” upon its determination that substantial and grievous economic injury will result. The employee will be given notice that he or she is considered a “Key Employee” as soon as practicable after receipt of a request or designation by the Library of an absence as FMLA leave. If a determination is made of substantial and grievous economic injury, the employee will be notified in writing, with such notice being served in person or by certified mail. Leave cannot be denied, but reinstatement can.

Unlawful Acts and Enforcement:
The FMLA makes it unlawful for any employer to:

• Interfere with, restrain, or deny the exercise of any right provided under the FMLA; or
• Discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law which provides greater family or medical leave rights than the FMLA.