Civil Service Commission Rules Appendix 3
Subject: The Family and Medical Leave Act of 1993.
Note: Dealing with the health, financial and family issues that go hand in hand with the need to take Family and Medical Leave can be challenging. In addition, returning to work following leave can be stressful. For assistance concerning such personal matters that are outside of the procedures of applying for FMLA leave, Metro offers the Employee Assistance Program (EAP) for free, confidential, one-to-one support at any time before, during, or after your use of leave. The EAP can be reached 24 hours a day, 7 days a week to help you manage the issues at hand and prepare for a successful return to the workplace. Call 1-866-563-8762 to speak with a counselor. For all issues relating to the procedures of applying for FMLA leave, and regarding the actual use of FMLA leave, please contact your department’s HR Coordinator for assistance.
A. WHEN ARE YOU ELIGIBLE FOR FMLA LEAVE?
You must have been employed by Metro for at least one (1) year AND for at least 1,250 hours during the preceding 12-month period to be eligible for Family and Medical Leave. Both the hours and one-year period requirements must be met. So if you work for Metro and put in 1,250 hours before your one-year anniversary date, the hours alone would not qualify you for FMLA leave. In addition, if you take leave, paid or unpaid, during the twelve months of employment preceding the date you request leave, you may not count hours on leave towards the 1,250 hours required for eligibility.
B. HOW MUCH FMLA LEAVE CAN YOU TAKE?
If you are eligible, you may be granted a total of twelve (12) workweeks of leave, during any 12-month period. The twelve (12) workweeks of leave will also be available to an employee whose spouse, son, daughter or parent is on active duty, or has been called to active duty in the Armed Forces in support of a contingency operation.
C. WILL YOUR FMLA LEAVE BE PAID OR UNPAID?
Except as discussed below at §§ M and N, FMLA leave will be unpaid leave.
D. HOW DOES METRO COUNT THE FMLA LEAVE YOU ACTUALLY USE?
Your 12-month period of entitlement is measured beginning on the first date you take FMLA leave. Your next period of FMLA entitlement would begin the first time you use FMLA leave after the end of any prior 12-month FMLA period. For example, if you needed a 12-workweek period of leave that began on April 1st of Year 1, your FMLA period would run from April 1st through March 31 of Year 2. If you did not need leave again until September of Year 2, at that point, you would be entitled to 12 workweeks of leave through August 31, of Year 3.
E. WILL YOU HAVE A JOB WHEN YOU COME BACK?
You will ordinarily be returned to the same or to an equivalent position when you return from approved FMLA leave.
F. IMPORTANT DEFINITIONS:
(i) “Employee” means any person employed by Metro, Civil Service status or otherwise, on a full-time, part-time or temporary basis.
(ii) “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves either:
a. Inpatient care in a hospital, hospice or residential medical care facility, or
b. Continuing treatment by a health care provider
(iii) “Serious Health Condition” does not include the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than medically diagnosed migraines, or routine dental or orthodontia treatments. The above descriptions are not intended to be universal, and both the employee and Metro must communicate with one another on a case by case basis. For example, certain strains of the flu may in fact qualify as a serious health condition if the requirements of FMLA related to treatment, examination and incapacity are met.
(iv) “Continuing treatment” means, in broad terms:
a. A period of incapacity (i.e. inability to work or perform other
regular daily activities due to the serious health condition,
treatment thereof, or recovery there from) of more than three
consecutive calendar days, and any subsequent treatment or
period of incapacity involving the same condition, involving
treatment two or more times by a health care provider or
treatment by a health care provider on at least one occasion
that results in a regimen of continuing treatment under the
supervision of the health care provider.
b. Any period of incapacity due to pregnancy or prenatal care.
c. Any period of incapacity or treatment for such incapacity due
to a chronic serious health condition that requires periodic
visits for treatment by a health care provider; continues over
an extended period of time; and may cause episodic rather
than continuing incapacity (e.g. asthma, diabetes, epilepsy,
etc).
d. A period of incapacity that is permanent or long-term due to a
condition for which treatment may not be effective (e.g.
Alzheimer’s, severe stroke, terminal stages of a disease).
e. Any period of absence to receive multiple treatments by a
health care provider either for estorative surgery after an
accident or injury or for a condition that would likely result in
a period of incapacity of more than three consecutive calendar
days in the absence of medical intervention or treatment (e.g.
chemotherapy for cancer, physical therapy for severe arthritis,
or dialysis for kidney disease).
(v) “Parent” means the biological or adoptive parent of an employee or an individual who stands or stood in the place of a parent to an employee when the employee was a child. A person who “stands or stood” in the place of a parent is not required to have a biological or legal relationship with the child. The only criteria is that the person have day-to-day responsibilities to care for and financially support a child or have had that responsibility for the employee when the employee was a child.
(vi) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent, who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability.
(vii) “Health Care Provider” means a physician, dentist, podiatrist, clinical psychologist, or optometrist who is authorized to practice medicine or surgery in the state in which the individual practices his/her profession. In cases limited to treatment consisting of manual manipulation of the spine to correct a subluxation, medical certification may be provided by a chiropractor.
(viii) Definitions applying to the 2008 National Defense Authorization Act:
(a) “Active Duty” means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of Title 10, United States Code.
(b) “Contingency Operation” has the same meaning given such term in section 101(a)(13) of Title 10, United States Code.(See Civil Service Policy 4.12 §5).
(c) “Covered Servicemember” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
(d) “Outpatient Status” with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to:
(1) A military medical treatment facility as an outpatient; or
(2) A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
(e) “Next of Kin” means the nearest blood relative of that individual.
(f) “Serious Injury or Illness” in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
G. WHAT ARE THE REASONS YOU CAN TAKE FMLA LEAVE?
You may be granted no more than twelve (12) workweeks of FMLA leave for the following reasons:
(i) the birth of your child and in order to care for the child;
(ii) the placement of a child with you for adoption or foster care;
(iii) to care for your spouse, child or parent who has a serious health condition; or
(iv) a serious health condition that renders you incapable of performing the functions of your job.
(v) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
A. CIVILIAN FAMILY LEAVE - The entitlement to leave for the birth or placement of a child for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement, unless state law allows (see § Q below) for a longer period. Any such FMLA leave must be concluded within this one-year period.
B. SERVICEMEMBER FAMILY LEAVE.—Provided sufficient medical certification is submitted, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty-six (26) workweeks of leave during a 12-month period to care for the servicemember who suffers a serious injury or illness as defined above at §F (viii) (f). The leave described in this paragraph shall only be available during a single 12-month period.
C. COMBINED LEAVE TOTAL.—During the single 12-month period described in paragraph (B), an eligible employee shall be entitled to a combined total of 26 workweeks of leave for any qualifying condition described above in paragraphs (i) through (v). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.
D. BOTH SPOUSES EMPLOYED BY METRO – If a husband and wife are both employed by Metro, the aggregate number of workweeks of leave to which both may be entitled is limited to twelve (12) for leave taken pursuant to § G (i)-(v) above; for leave taken pursuant to §G B, the aggregate number of workweeks to which both may be entitled is twenty-six (26); and for leave taken pursuant to a combination of §G (i)-(v) and § G B, the aggregate number of workweeks is twenty-six (26).
H. WHAT KINDS OF FMLA LEAVE ARE AVAILABLE TO ELIGIBLE EMPLOYEES?
There are three ways an employee may take FMLA leave. The first and most common, is often called “continuous,” “single block” or long-term leave. An employee may take up to 12 workweeks of protected leave under the FMLA. Long-term leave involves an employee taking leave for one continuous period of time, as short as a few days or as long as the full 12 workweeks.
The second form of FMLA leave is known as intermittent leave. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying serious health condition or injury. Intermittent leave may be used for treatment for a serious health condition or for treatments (such as physical therapy) to recover from the condition or injury, or to recover from the treatments given to you as part of your recovery from a serious health condition. Intermittent leave may be taken for as short a time period as an hour, or two or three days in a month, or for an hour several times a week to receive treatment from a health care provider.
The third way an employee may take FMLA leave is actually a form of intermittent leave known as “reduced schedule leave.” A reduced schedule form of leave is a leave schedule that temporarily reduces an employee's usual number of working hours per workweek, or hours per workday. A reduced schedule leave is a change in the employee's schedule for a limited period of time, normally from full-time to part-time. For example, a female employee may submit a medical certification indicating her hours must be reduced from 40 hours to 32 hours per workweek during the last 6 weeks of pregnancy in order to protect the pregnancy.
I. HOW AND WHEN DO YOU REQUEST FMLA LEAVE?
In all cases, you must complete a “Request For Family or Medical Leave,” form available to employees by contacting your department’s HR Coordinator, or available to employees on the Metro website at www.nashville.gov, Human Resources sub-site. The Request must be promptly returned to your HR Coordinator or supervisor. Your completed Request must state the reason for the leave, the expected duration of the leave, and the starting and ending dates of the leave. The Request must also indicate whether you are seeking long-term, (block/continuous) leave, intermittent (treatment) leave or the reduced schedule leave form of FMLA leave.
If you plan to take family or medical leave because of an expected birth or placement (adoption or foster care), or because of a foreseeable, planned medical treatment, you must submit a Request at least thirty (30) days before the leave is to begin. If your need for leave is unforeseeable you must provide notice to your HR Coordinator or supervisor as soon as possible, and no later than two (2) business days from the onset of the condition requiring leave. If a spouse, son, daughter or parent of an employee is on active duty, or is notified of an impending call or order to active duty in support of a contingency operation, the employee shall provide reasonable and practicable notice to Metro of the need for leave, and shall provide a copy of any certification or order reflecting that the family member is on active duty or has been called to active duty.
While your first notice may be verbal, a written Request must be completed and submitted to your HR Coordinator or supervisor as soon as possible. In cases where you have a serious illness or injury, your spouse, family member or other responsible party may provide your initial notice if you are unable to do so personally. Failure to provide notice or to submit a Request for leave may result in denial of FMLA leave and possible disciplinary action if you are absent without leave.
J. WHAT INFORMATION DO YOU NEED TO PROVIDE TO METRO TO ESTABLISH YOUR NEED FOR FMLA LEAVE?
After you request FMLA leave, your HR Coordinator will provide you with one of two medical certification forms to take to your health care provider. You MUST return the completed medical certification form to your HR Coordinator within fifteen (15) calendar days. Both forms (described below) require your health care provider to state: the medical facts that establish the existence of a serious health condition; the date on which the health condition commenced; and the probable duration of the condition. If you are seeking long-term leave for your own serious health condition, your provider’s certification must state that you cannot perform the functions of your job. If the Request is based upon the need for you to care for your spouse, child or parent, the certification must state the need, along with an estimate of the amount of time(s) you will be needed to render care. Under the FMLA, Metro can request recertification from an employee and their healthcare provider every thirty (30) days except in certain situations.
For block or long-term FMLA leave, and for all forms of leave related to the need to care for an eligible family member, you will be provided with a form entitled “Certification of Health Care Provider,” DOL Form WH-380, that you must take to your provider for them to complete and sign. For both kinds of intermittent leave, if the need is based upon your own serious health condition, you will be provided with a form entitled “Certification for Intermittent Leave Request Because of Employee’s Own Serious Health Condition.”
Metro has the right to receive an informative Medical Certification from your health care provider. Metro can require you to obtain additional information from your health care provider if the initial Certification is incomplete. In addition, Metro may use its own health care provider to contact your health care provider to seek clarification of issues raised by your provider’s initial Medical Certification. Metro may also require you to obtain a second Medical Certification from a different provider (not employed by Metro), chosen by and paid for by Metro. If there is a conflict between the first two health care providers Certifications, Metro may require you to obtain a third Certification, again from an independent health care provider chosen by good faith agreement between you and Metro, and paid for by Metro. Pending the outcome of additional Certification(s) you will be provisionally (temporarily/conditionally) entitled to FMLA leave and the continuation of your health insurance. If the Certification(s) ultimately establish that you were not entitled to FMLA leave, the time you were absent will be treated as paid leave until your existing paid leave is exhausted. Any leave taken in excess of what you had saved as paid sick or vacation leave, or held back pursuant to Civil Service Rule 4.16 will be unpaid leave. (See §M below).
Metro may request recertification of a serious health condition if the leave is for pregnancy, or a chronic or permanent/long-term condition. Recertification may be requested no more often than every thirty (30) days after the date of the initial Certification, unless the minimum duration of the period of your incapacity as described on your provider’s initial Certification is longer than thirty (30) days. With certain exceptions, Metro may not request recertification for long-term or intermittent FMLA leave, until the minimum period of incapacity (greater than 30 days) has passed. If you request an extension of leave, if medical conditions described in the initial Certification have significantly changed or if Metro receives information casting doubt on the continuing validity of the initial Certification, Metro may request recertification earlier than the end date first indicated. As with the initial Certification, you will have fifteen calendar (15) days to obtain and return your provider’s recertification. The cost of obtaining a recertification shall be borne by you.
In addition, Metro is not required to honor a duration of incapacity described by a health care provider as “indefinite,” or “forever” or for a period longer than the 12 workweeks’ leave time allowed by FMLA, and may seek recertification in such situations at reasonable intervals. The time limits for recertification requests do not apply to Metro’s requests for a second or third Certification as described above, as the FMLA does not allow for recertification of second and third certifications. Metro may require periodic reports from employees on their health status and intent to return to work. These reports are from the employee, not from their provider, and may be requested no more often than every thirty (30) calendar days.
Consequences for Failure to Provide Certification – an employee who fails or refuses to provide requested Certification(s) may have their Request for FMLA leave denied, and may be subject to discipline up to and including termination from employment. Finally, be advised that any employee who fraudulently obtains a family or medical leave approval by submitting false or forged information may be subject to disciplinary action, to and including termination.
K. WHAT IS INVOLVED IN REQUESTING INTERMITTENT OR REDUCED SCHEDULE LEAVE?
To be granted intermittent or reduced schedule leave, you must first submit a medical certification that demonstrates that the leave is medically necessary for a serious health condition. The term “medically necessary" means there must be a medical need for the leave, as distinguished from voluntary treatments and procedures. Also, it must be shown that the medical need cannot be accommodated outside working hours or without having a reduced schedule. The certification must set forth the dates on which treatment is expected to be given and the duration of each treatment or absence. Second, you must make a reasonable effort to schedule the leave so as not to unreasonably disrupt the operations of your department, and at the time you request leave, you must consult with your supervisor or department head, in order to develop an agreeable work/leave schedule. Third, you must also give at least thirty (30) calendar days notice when the need for leave is foreseeable and not less than one or two business days when the need for leave is unforeseeable. Please note – You MUST satisfy all three elements to be approved for intermittent or reduced schedule leave. If you fail to establish the leave is medically necessary, fail to consult with your supervisor to schedule the leave, or fail to provide adequate notice, your request may be delayed or denied.
Other important factors related to intermittent or reduced schedule leave:
1. When leave is taken after the birth or placement of a child for
adoption or foster care, you may take leave intermittently or on a reduced leave schedule only if Metro agrees. Such a schedule reduction might occur, for example, where an employee, with Metro's agreement, works part-time after the birth of a child, or takes leave in several segments.
2. Metro may transfer you to another position within the same department while you are using intermittent leave. The new position must provide the same pay and benefits, although the pay may be reduced to match the hours actually worked.
3. Intermittent or reduced schedule leave does not require your department to reduce your workload. And, Metro is free to re-assign some or all of your work to other full-time employees.
4. Metro may discipline an employee on approved FMLA leave, if the employee fails to follow their department’s “No Show – Call In” policy. So an employee with approved intermittent leave for migraines, who fails to follow department policy by giving no notice of being absent, as required by policy, can be disciplined.
5. Holidays occurring during FMLA leave count against your overall 12-week entitlement to leave.
6. Intermittent or reduced schedule leave will expire if the frequency of your absences exceeds what was originally approved. For example, if you were originally approved for two absences per 14 day pay period, and after the first month has passed you end up taking four or five days per pay period, Metro may terminate your intermittent leave. You are then free to submit a new request with a new medical certification that establishes a serious health condition and a need for more extensive leave. Metro will act on the first violation of approved intermittent leave allotment, and will require you to convert to more extensive intermittent leave and/or continuous leave.
L. WHEN AND HOW DOES METRO RESPOND TO FMLA LEAVE REQUESTS?
Within two (2) business days after receiving your completed “Request For Family or Medical Leave,” (or other verbal notice in the case of unforeseeable leave as described above) your supervisor or HR Coordinator should provide you with written notice indicating that 1)
FMLA leave is approved without conditions; or 2) is provisionally (temporarily) approved pending receipt of medical certification or other information from you or your health care provider; or 3) that your Request for FMLA leave is denied. In most cases, the written response from Metro will be in the form of a letter advising you that your request is being provisionally (temporarily/conditionally) granted, pending the receipt by Metro of a Certification of Health Care Provider. The letter will enclose documents relating to your job description which must be taken to your health care provider, along with one of the two Certification of Health Care Provider forms described above at § J. You will then have time, not exceeding fifteen (15) calendar days, in which to provide the requested Medical Certification. Upon receipt of the Medical Certification, Metro should advise you within two business days: (i) that your request for FMLA leave has been approved (provisional approval withdrawn); or (ii) that the provisional approval of FMLA leave will be extended if additional clarification or other medical certifications are required; or (iii) that the Request for Family or Medical Leave has been denied. If your FMLA leave is approved, the first day that is counted for FMLA purposes (your 12 workweeks of leave) will be the first day you were absent from work.
M. HOW WILL YOUR PAID SICK AND VACATION LEAVE BE AFFECTED IF YOU TAKE FMLA LEAVE?
Your paid leave, including sick, vacation, personal or administrative leave, will be substituted for unpaid leave, so long as accrued time is available according to the rules. What this means is your existing “bank” of paid leave will run concurrently (at the same time) with the 12 workweeks of FMLA leave, i.e. they will be counted and used together. For servicemember family leave as defined above, accrued paid leave will be substituted for unpaid leave, so long as accrued time is available according to the rules, and the substitution of paid leave will begin at the commencement of the 26-workweek period allowed by the National Defense Authorization Act.
Pursuant to Civil Service Rules, Chapter 4, Section 4.7, for approved FMLA leave, there shall be a limit of twenty (20) days of paid sick leave an employee may use to care for an employee’s spouse, parent, or child, who lives in the employee’s household or for whom the employee is the primary caregiver. In addition, under Civil Service Rule 4.16, you have the option to “hold back” (save) up to fifteen (15) vacation days from substitution and concurrent counting against your FMLA leave. If you wish to hold back vacation days from FMLA leave pursuant to this policy, you must enter the number of days you wish to hold back on the Request for Family or Medical Leave form, at the time you make application for FMLA leave.
N. WHAT HAPPENS IF YOU ARE INJURED ON THE JOB OR HAVE PAID FOR OPTIONAL SHORT-TERM DISABILITY INSURANCE?
In-Line-Of-Duty Injury Leave (IOD) - If you suffer an injury on duty (IOD), qualify, and are placed on Metro’s In-Line-Of-Duty Injury Leave (Civil Service Rule 4.8), and the condition requiring use of IOD injury leave qualifies as a serious health condition under the FMLA (see Definitions above):
1. You will receive the paid benefits of IOD leave which will be substituted for, and run concurrently with, your unpaid FMLA leave.
2. Other forms of available paid leave (sick, vacation, personal or administrative) will NOT be substituted or used concurrently with IOD leave, i.e. you will not be simultaneously paid for BOTH IOD leave benefits and other forms of available paid leave.
3. If you exhaust available IOD leave benefits during a portion of unpaid FMLA leave, then your other forms of accrued paid leave, with the exception of sick leave (CS Rule 4.8 §6) will be substituted for unpaid FMLA leave, and your paid leave and unpaid FMLA leave will run concurrently.
4. The counting of FMLA leave will start at the same time as the beginning of your approved IOD leave, which is the first date you are absent from work, and will be counted concurrently with FMLA leave from that date forward.
Please note that although IOD injury leave has a maximum duration of 130 days, FMLA job protection will not be provided beyond the FMLA’s 12-workweek period. Additional protection may be available pursuant to Civil Service Rules or Policies governing IOD injury leave.
Light Duty –Under the FMLA you are not required to accept a light duty assignment in order to maintain your eligibility for unpaid FMLA leave. However, under the FMLA, if you elect to return to work on light duty status, you retain the right to return to your original or equivalent position until 12 workweeks has passed. In addition, the time you elect to spend working in a light duty status does not count against your twelve workweeks of unpaid FMLA leave.
Short Term Disability Insurance - If you have purchased optional Short Term Disability (STD) insurance, your available paid leave does not have to be substituted or used prior to the commencement of STD benefits. If the condition requiring use of STD benefits qualifies as a serious health condition (see Definitions above) your available paid leave will NOT be substituted or used concurrently with FMLA leave. The beginning of FMLA leave will start the first day you are absent from work, including the seven (7) day waiting period required by STD insurance, and will thereafter be counted concurrently with FMLA leave from that date forward. Please note that because STD benefits have a maximum duration of 173 days (180 days less the 7 day waiting period), FMLA job protection will not be provided beyond the FMLA’s 12-workweek period. Additional protection may be available pursuant to Civil Service Rules or Policies governing STD leave. In cases of pregnancy leave covered by STD insurance, federal FMLA job protection will last 12 workweeks and state law protection will extend an additional month.
O. WHAT HAPPENS TO YOUR BENEFITS COVERAGE DURING FMLA LEAVE?
During a period of FMLA leave, you will be retained on the same health/dental/optical coverage that you selected and contributed to at the time you requested FMLA leave. If Metro provides a new health plan or the benefits offered change while your are on FMLA leave, you will be entitled to receive coverage under the new plan to the same extent had you not taken FMLA leave.
Metro employees have three options for the payment of premiums while on FMLA leave:
(i)You may pay all premiums in advance prior to taking FMLA leave.
(ii)You may pay all premiums as they come due on a monthly basis by making monthly payments direct to Metro. See your supervisor or HR Coordinator if you wish to use this option.
(iii)You may request Metro to pay your share of the premiums for medical, dental, and vision insurance while you are on FMLA leave and Metro will recover those payments from you after you return to work. When you do return to work, there will be double deductions from your paycheck until all premiums are repaid. Deductions from pay may be spread out over a longer period of time if your serious health condition causes you to apply for a disability pension.
If you fail to return to work after the expiration of FMLA leave, you will be required to reimburse Metro for payment of health insurance premiums during the leave, unless Metro determines that the reason you fail to return is the result of a serious health condition which prevents you from performing your job or due to circumstances beyond your control.
P. WHAT HAPPENS TO SELF-DIRECTED DEDUCTIONS FROM YOUR PAYCHECK DURING FMLA LEAVE?
As described above, when you are on FMLA leave, part of your leave may be “paid” leave, if you are using paid vacation and/or sick leave during the initial period you are absent. In paid status, all of your self-directed deductions (Sportsplex, MECCC, child support etc.) will continue to be taken from your paycheck per your prior directions. However, if you are in unpaid status for a pay period during FMLA leave, your self-directed deductions from your paycheck will cease. You will need to make arrangements to direct-pay your payments to all of your self-directed deduction recipients during your leave.
Q. HOW DOES METRO’S FMLA POLICY WORK WITH THE TENNESSEE MATERNITY LEAVE LAW?
Civil Service Policy 4.16.3 states that FMLA leave and maternity leave allowed by Tennessee law will run concurrently, i.e. at the same time. Tennessee law allows employees who have been employed as full-time Metro employees for at least twelve (12) consecutive months to be absent for a period not to exceed four (4) months for adoption, pregnancy, childbirth and nursing an infant. For adoptions, the four-month period begins at the time the employee receives custody of the child. If you meet the State law requirements, you may therefore be absent for four (4) months as opposed to the 12-workweek period allowed by FMLA. However the FMLA 12-workweek period will be counted as part of the four months allowed by State law, i.e. they will run together, not one in addition to the other. Civil Service Policy 4.16.4 states a husband and wife both employed by Metro, even in different departments, may have one 12 workweek period total between them, not 12 workweeks each, for leave for childbirth or adoption. If each spouse uses leave for pregnancy, adoption or foster care placement and needs to use leave for a different reason later in the twelve month period (such as to care for the employee’s own serious health condition or that of a spouse, son, or daughter) he or she is entitled to the difference between the amount each took individually for birth, adoption or placement, and a total of twelve weeks of leave. For example, if each spouse uses six weeks of leave for the birth of a child, each spouse can take an additional six weeks of leave for a serious personal illness. Employees who give at least three (3) months' advance notice to their employer of their anticipated date of departure for such leave, their length of leave, and their intention to return to full-time employment after leave, shall be restored to their previous or similar positions with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of their leave.
R. HOW WILL USING FMLA LEAVE AFFECT PENSION, CONTINUOUS SERVICE DATE, AND LONGEVITY CALCULATION?
If an employee takes FMLA leave, any period of FMLA leave shall be treated as continued service for purposes of eligibility to participate and vesting service in Metro’s pension plan.
If an employee is in a Leave Without Pay (LWOP) status for longer than 20 days, their continuous service date will be adjusted based on any days they are absent beyond twenty (20) days. An employee’s Civil Service benefits such as vacation, longevity, and lay-off rights are based upon the continuous service date.
If an employee is in a LWOP status for longer then twenty (20) days, their continuous service date will be adjusted by the number of days they are absent beyond twenty days. An employee’s longevity calculation is based on their continuous service date per the longevity Resolution (RS2001-642).
S. WHAT HAPPENS WHEN YOU ARE READY TO RETURN FROM FMLA LEAVE?
If you are using long-term, continuous FMLA leave, prior to your actual return, you must complete a “Notice of Return from Family or Medical Leave” that will be mailed to you toward the end of your approved leave. If you wish to return to work prior to the expiration of an approved FMLA leave, you must give notice to your supervisor at least five (5) working days prior to your planned return. In cases of leave granted for your own serious health condition, you may be required to submit a Fitness for Duty Medical Certification from a health care provider certifying you are able to resume performing the functions of your job. Supervisors and/or HR Coordinators should provide notice to you after the commencement of approved FMLA of the need for a Fitness for Duty Medical Certification.
T. WHAT HAPPENS IF YOU DO NOT RETURN FROM FMLA LEAVE?
If you fail to return to work upon the expiration of FMLA leave, you may be subject to discipline, up to and including termination, unless an extension has been granted. If you request an extension of FMLA leave due to the continuation, recurrence or onset of a serious health condition for yourself or your spouse, child or parent, you must submit a request for an extension, in writing, to the supervisor or HR Coordinator for your department. This written request should be made as soon as you realize that you will not be able to return at the expiration of your approved leave period. You will be required to obtain and submit a new medical certification from your health care provider that explains the need for an extension of your FMLA leave.
U. WHAT HAPPENS TO YOUR HEALTH INSURANCE IF YOU DO NOT RETURN FROM FMLA LEAVE?
COBRA (derived from the Employee Retirement Income Security Act – ERISA), provides that an employer’s group health plan must ensure that covered employees who would lose coverage as a result of a “qualifying event,” will be entitled to elect to continue coverage under the plan. Employees who have lost their jobs may continue on the group plan for up to 18 months, at the employee’s expense at the same group rate provided to current employees. A “qualifying event” includes termination (except for gross misconduct) or reduction of hours, or an employee’s cancellation of existing health care coverage while on FMLA leave.
V. ARE YOU PERMITTED TO WORK AT OTHER JOBS WHILE YOU ARE ON FMLA LEAVE?
Yes, with two conditions. Civil Service Rules at Chapter 3, Sec. 3.8 allows a Metro employee to engage in employment with another organization as long as he/she satisfactorily performs his/her job responsibilities with Metro. Outside employment includes self-employment. Under the Rule, outside employment must be reported in advance, in writing, to the Appointing Authority. Certain additional conditions apply and are listed in the Rule. An employee eligible for FMLA leave may engage in outside employment provided: A) the employee’s health care provider approves the outside employment by certifying that the outside employment will not impede the employee’s recovery from, or treatment for, a serious health condition; and B) the employee’s Human Resources Coordinator approves the outside employment as being consistent with Section 3.8. An employee seeking permission to engage in outside employment while on FMLA leave is responsible for having their health care provider submit a separate letter to their HR Coordinator that satisfies these requirements.