Employee Manual 2023 - Flipbook - Page 42
unreasonable.
Similarly, employees desiring reinstatement generally must return to work promptly or provide
notice of their intent to return to work as follows:
• Where service was less than 31 days, the employee must report to work at the
beginning of the first full regularly scheduled work day after expiration of an 8
hour period following completion of military service.
• Where service was 31 to 180 days, the employee must submit an application for
reemployment within 14 days after completion of military service.
• An employee who served for more than 180 days must apply for reemployment not
later than 90 days after completion of service.
The deadlines above may be extended where the City’s offices are closed on the last day, where
timely application is impossible or unreasonable through no fault of the employee and, generally,
for up to two years if an employee is hospitalized or convalescing from an injury or illness that was
incurred or aggravated during military service.
Following periods of military service in excess of 30 days, employees shall provide the City with
proper documentation establishing the following: (1) that the length of time the employee served
has not exceeded the service limitations under USERRA, (2) that their application for reemployment
was timely, and (3) the conditions under which the discharge from military service was obtained.
Upon reemployment, employees may enjoy certain other protections and rights in their
employment under USERRA including ‘just cause” employment for a limited period based on the
length of leave. The City strongly supports its employees who provide service to their country and
will comply with all of the requirements of USERRA and other such laws. If you have any questions
about USERRA, please contact the human resources director.
Family and Medical Leave Act Policy (FMLA):
In accordance with the Family and Medical Leave Act of 1993 (“FMLA”), as amended, an employee
who has been employed by the City for at least 12 months and who has worked at least 1,250
hours during the previous 12-month period (unless absent due to military service as required by
USERRA), will be eligible for FMLA leave, provided the City has 50 or more employees at the
employee’s work site or within 75 miles of that work site. The 12 months of employment need not
be consecutive months; however, employment prior to a break in service of more than 7 years
generally is not counted.
This policy is being provided to inform you of rights under federal law. Should the need for FMLA
leave arise, contact the city manager or human resources director regarding your eligibility for
leave under this policy. Also, employees are required to advise their supervisor if they are taking
paid time off for any FMLA qualifying reason.
The 12-month period in which the 12 weeks of FMLA leave may be taken is the “rolling” 12-month
period preceding the date of your leave (i.e., rolling backwards). An eligible employee is entitled to
City of Plymouth Employee manual - Page 42 – March 2023
