Employee Manual 2023 - Flipbook - Page 48
benefits, the employee will not be required to take more leave than is medically necessary. When a
transfer to a part-time position has been made to accommodate an intermittent or reduced leave
schedule, the City will continue group health benefits on the same basis as provided for a full-time
employee for the 12 weeks of FMLA leave. However, other benefits which are based on the
number of hours worked (such as paid time off) will be proportionately reduced. Similarly, the
salary of exempt employees may be reduced for hours taken as intermittent or reduced FMLA
leave.
While intermittent and reduced leave schedules are available to an employee for prenatal care,
they are not available for bonding after the birth of a healthy child or placement of a healthy child
for adoption or foster care. Intermittent and reduced leave schedules are available to an employee
for an active duty qualifying exigency or a Military Caregiver Leave.
Group Health and Other Benefits: In general, an employee on FMLA-qualified leave will be entitled
to continue to receive group health benefits under the same terms and conditions as they received
those benefits prior to taking the leave. An employee may elect, however, not to continue group
health benefits for the time that they are on unpaid FMLA leave. An employee who wishes to
continue group health benefits while on unpaid FMLA leave must make payment arrangements
with the human resources director.
The City will not continue coverage for benefits other than those through group health plans
(which may include medical, dental, vision, etc.) to an employee on FMLA leave. However, once the
employee returns to work following FMLA leave, they will be restored to all benefit coverage
received prior to the FMLA leave without any additional waiting period or other limitation.
Return to Work: Upon conclusion of FMLA leave, an employee will be returned to the same
position the employee held when the leave commenced or to an equivalent position with
equivalent benefits, pay, and other terms and conditions of employment. An employee who takes
FMLA leave due to the employee’s own serious health condition must provide, prior to resuming
work, a certification from the employee’s health care provider indicating that, with regard to the
serious health condition necessitating the leave, the employee is medically able to resume work.
The City may also require certification that the employee is able to perform the essential functions
of their job; provided the City provides the employee with a list of the essential functions along
with its initial designation of FMLA leave notice. Where an employee has requested intermittent or
reduced FMLA leave, and sufficient safety concerns exist, the City may advise the employee in
advance of taking leave that it will require a certification of fitness every 30 days. The employee
will not be allowed to return to work until certification is provided.
Key Employees: A “key” employee is an eligible salaried employee who is among the highest paid
10% of all employees with 75 miles of his or her work site. While the City will not deny FMLA leave
to an eligible key employee, the City may deny job restoration where the restoration will cause it
substantial and grievous economic injury or substantial long-term economic injury. An employee
who is designated as a key employee generally will be notified of that fact when they request FMLA
leave, or at the commencement of such leave, whichever occurs first. If, however, notice cannot be
given at that time because of the need to determine whether the employee is a key employee, the
City of Plymouth Employee manual - Page 48 – March 2023
