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<br />m. Status of Benefits. The employee will not <br />accrue benefits such as vacation and sick <br />leave while on unpaid FMLA leave. Employees <br />using a combination of paid and unpaid leave, <br />or intermittent unpaid leave, will accrue <br />benefits on a pro-rated basis. Employees <br />using paid leave will continue to accrue <br />benefits. <br /> <br />n. Key Employees/Return to Work. A key is <br />defined as a salaried employee who is in the <br />highest 10% of all employees. Key employees <br />may be denied reinstatement to the same or an <br />equivalent position after a leave if the <br />denial is necessary to prevent substantial <br />economic injury to the City's operations. <br /> <br />o. Intermittent Leave. Leave may be taken <br />intermittently or on a reduced schedule if <br />medically necessary. If not medically <br />necessary, department head and City <br />Administrator approval is required. The City <br />may require the employee to transfer to an <br />alternative position of like status and pay <br />while on intermittent leave. If leave is <br />taken intermittently, it will not effect the <br />status of an exempt employee under the Fair <br />Labor Standards Act. All requests for <br />intermittent leave will be evaluated on a <br />case-by-case basis. <br /> <br />p. Return to Work. An employee returning to <br />work from FMLA leave is, entitled to the same <br />position he/she held when the leave began, or <br />to an equivalent position, with equivalent <br />benefits, pay and other terms and conditions <br />of employment. <br /> <br />The employee will be required to submit a <br />fitness for duty report prior to returning to <br />work if FMLA leave was for the employee's own <br />serious health condition. <br /> <br />q. Affect on the Unpaid Leave of Absence Policy. <br />This policy is not intended to conflict with <br />the City's Unpaid Leave of Absence policy. <br />That policy will continue to apply in <br /> <br />V-8 <br />