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City of Arden Hills Personnel Policy Effective February 29,2016 <br />If the employee does not return from the FMLA leave and coverage ended sometime <br />during the FMLA leave due to lack of payment, there is no COBRA election available. <br />For COBRA to apply, the employee must have been covered on the day before the <br />qualifying event. In this situation, the qualifying event would occur at the time the <br />employee did not return from the leave. <br />Activities Prohibited During FMLA <br />While on leave, an employee may not engage in activities (including employment) which <br />have the same or similar requirements and essential functions of an employee's current <br />position. <br />While on leave, an employee may not engage in any activity that conflicts with the best <br />interests of the City. Such conduct will result in disciplinary action up to and including <br />termination of employment. <br />Seniority <br />Seniority does not accrue during any period of unpaid FMLA except as allowed when the <br />leave is covered by Worker's Compensation. However, seniority accrued prior to <br />commencement of FMLA leave will not be lost. <br />Use of Accrued Paid Leave or Compensatory Time During Family and Medical <br />Leave <br />Prior to taking unpaid FMLA leave employees must use all accrued PTO (annual leave) <br />and compensatory time prior to taking an unpaid leave unless their medical <br />condition/injury is covered by worker's compensation or the absence qualifies under the <br />state Parental Leave law (see Parental Leave Policy). <br />Any paid disability leave benefits or sick leave available to employees for covered reason <br />an employee's serious health condition or a covered family member's serious health <br />condition, including Workers' Compensation leave [to the extent that it qualifies]) will <br />run concurrently with FMLA. <br />Additional Leave <br />Employees who cannot return from an approved FMLA leave at the end of the approved <br />leave period may request an extension (up to the maximum of twelve (12) weeks allowed <br />under FMLA). If the twelve (12) FMLA weeks have already been used, the employee can <br />request to go on a regular unpaid leave of absence. If approved, before unpaid leave <br />begins the employee must use any accrued compensatory time, or PTO (annual leave) that <br />remains. If the leave is approved and unpaid, the employee will be required to pay the full <br />57