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HomeMy WebLinkAboutIR 7752 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7752 OSTE_% August: To the Mayor and Members of the City Council 10, 1993 Subject: FAMILY AND MEDICAL LEAVE ACT Ian The purpose of this informal report is to provide the City Council background information on the Family and Medical Leave Act, which became effective on Thursday, August 5, 1992. Also, this report will provide council members with information about the City's plans to comply with the provisions of the Act. Background. on February 5, 1993 , President Clinton signed the Family and Medical Leave Act (FMLA) into law. The FMLA became effective August 5, 1993. The legislation requires employers with 50 or more employees within a 75-mile radius to provide employees up to 12 weeks of unpaid leave for the birth or adoption of a child, or for an employee's serious health condition or that of a close relative. The City of Fort Worth is covered by the provision of the Act. Below is a summary of key provisions of the Act: 1. Employees who have completed 12 months of service and have actually worked at least 1,250 hours are eligible for the benefit. 2. All City employees are covered by the Act. 3. Employers can require employees to substitute any appropriate paid leave for the unpaid leave provided under the Act. 4. When the need for leave is foreseeable, employees are required to provide 30 days notice; specifically, expected births or adoptions and planned medical treatment. 5. Employers can require the employee to (1) have a doctor certify to the serious health condition, (2) obtain a second medical opinion (at the employer's expense) , and (3) report periodically on the employee's status and intent to return to work. 6. Employees on FMLA leave are entitled to continue group health insurance at the same level and under the same conditions that would have applied if the employee had remained active. 7. After an employee returns from FMLA leave, the employee must be reinstated to the same or equivalent position held before taking the leave. In addition, an employer must reinstate all benefits at the same level provided when the 1 ye began without any qualification. Any changes in benefits , ewft"- on service, which occurred during the leave period "AMPRO become effective upon the employee's return to woi,kCHy SEPWARY FT. W 0 R PH, H1. L ISSUED BY THE CITY MANAGER FOFIT W511TH9 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7752 August 10, 1993 e►ex To the Mayor and Members of the City Council Page 2 of 2 Subject: FAMILY AND MEDICAL LEAVE ACT yen City Implementation. A personnel regulation has been drafted by the Personnel Department and has been distributed to all City departments for review and comment. The draft regulations is serving as interim guidance for the departments. once the regulation is finalized, approved by the City Manager's office, and filed with the City Secretary, the Council will be notified of the proposed effective date. Unless the Council advises the City Manager of their desire to review the regulation further, it will become a part of the City's personnel regulations. Also, under the law employers are required to post "prominently" a notice explaining the law and to file complaints of violations. Such notice already has been posted in all city departments. A copy of the notice is attached. Please advise if you need additional information. 9 - Bob Terrell City Manager BT:n 6"L4 11cas IL I CRY SECRITARY FT. WORTH, TOL ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS YOUR RIGHTS UNDER THE FAAMY AND MEDICAL LEAVE ACT OF M Effective August 5, 1993 FMLA requires the City to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees may be eligible if they have been employed for at least 12 months with the City of Fort Worth and worked a minimum of 1,250 hours over the previous 12 months. REASONS FOR TAKING LEAVE: FMLA leave may be granted for the following reasons: • to care for an employee's child after birth, immediately after adoption or placement for foster care; or • to care for an employee's spouse, child, or parent who has a serious health condition; or • for a serious health condition which causes the employee to be unable to perform the essential functions of their job. City employees requesting to use FMLA leave will be required to use certain kinds of phi leave, if available, before the unpaid leave portion may begin. Consult Personnel Regulation I.16 for an explanation. ADVANCE NOTICE AND MEDICAL CERTMCATION Employees shall provide advance leave notice and medical certification. Leave may be denied if requirements are not met. • An employee shall provide 30 days advance notice when the leave is foreseeable. • Medical certification is required to support a request for leave because of a serious health condition. OB BEKLFID ADM ER_QIMIQN: • For the duration of FMLA leave, the City will maintain the employee's health coverage under the group health plan. • Upon return from FMLA leave, an employee will be restored to their original job or a position with equivalent pay, benefits and other employment terms. • The use of FMLA cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. REQUIREMENTS: • The City of Fort Worth will allow all employees the rights provided by FMLA. • The City of Fort Worth has adopted Personnel Regulation I.16. This policy meets or exceeds all the requirements set forth in the Family and Medical Leave Act of 1993. ENFORCEMENT• • The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. 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. FOR ADDITIONAL INFORMATION: Contact the Wage and Hour Division, li U.S. t�ernment, elpepartment of Labor in the telephone directory. uFACIAL RECORD CITY SECRETARY FT. WORTH, TEX.