Employee Manual 2023 - Flipbook - Page 43
a total of 12 work weeks of unpaid leave during the above “rolling” 12-month period for one or
more of the following reasons:
• Because of a birth of a child of the employee and to care for that newborn child;
• Due to the placement of a child with the employee for adoption or foster care and to care
for that child;
• In order to care for the employee’s spouse, child, step-child or parent, if the spouse, child,
step-child or parent has a serious health condition; 1
• Due to a serious health condition that makes the employee unable to work or perform
anyone of the essential functions of their job; and/or
• Due to any “qualifying exigency” arising out of the fact that the employee’s spouse, son,
daughter or parent is on active military duty (or has been notified of an impending call or
order to active duty) in the Armed Forces in support of a contingency operation.
While there are specific requirements under FMLA, in general, a “serious health condition” means
an illness, injury or impairment that requires in-patient care at a medical facility or a period of
“incapacity” of more than 3 consecutive, full calendar days and continuing treatment by a
healthcare provider. “Incapacity,” in turn, means an inability to work, attend school or perform
other regular daily activities because of a serious health condition or its treatment or recovery.
While “treatment” includes examinations and testing to determine if a serious health condition
exists, it does not include routine examinations or physicals. Also, absences caused by the common
cold, flu, routine dental problems and the like, generally will not qualify for FMLA leave unless
there are complications.
An employee’s right to leave for the birth of a child or for the placement of a child with the
employee for adoption or foster care expires at the end of the 12-month period beginning on the
date of the birth or placement.
In the event that both the employee and spouse are employed by the City, the aggregate number
of work weeks of leave to which both are entitled may be limited to 12 weeks during the 12-month
period, if the leave is for one of the reasons above (other than the employee’s own serious health
condition) or a combined total of 26 weeks if Military Caregiver Leave (as described below) is taken.
Specific rules apply depending on the reason giving rise to the need for FMLA leave. Also, an
eligible part-time employee (less than 40 hours/week for purposes of this policy) is entitled to
FMLA leave on a pro-rata basis only. However, the employee must work the required minimum
number of hours to be eligible for FMLA leave, as explained above.
Qualifying Exigencies: In general, leave may be taken because of a “Qualifying Exigency” where
1 “Spouse” includes individuals in same-sex marriages or in common law marriages if lawfully
recognized. “Parent” means a biological, adoptive, step or foster parent or any individual who stood
“in loco parentis” to the employee. “Son,” “daughter” or “child” for purposes of caring for that
individual when they have a serious health condition means a biological, adopted, or foster child,
stepchild, legal ward or a child to whom the employee is standing in loco parentis, who is either
under age 18 or is incapable of self-care because of a physical or mental disability at the time leave
commences. “In-laws” are excluded from these definitions.
City of Plymouth Employee manual - Page 43 – March 2023
