Resolution 2016-02 Resolution No. 2016-j�2
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS,APPROVING AN AMENDMENT TO THE
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
WHEREAS, the City Council of the United City of Yorkville (the "City") has
considered and discussed the importance of updating Section 4.25 in the United City of
Yorkville Employee Manual ("Employee Manual") which relates to the Family and Medical
Leave Act of 1993 ("FMLA"), and
WHEREAS, the City desires to amend the portion of its Employee Manual which
addresses FMLA procedures in order to be in compliance with the FMLA; and
WHEREAS, the text of the FMLA Section that the City Council of the United City of
Yorkville now desires to adopt for its Employee Manual is set forth on the attached Exhibit "A"
which is incorporated herein, and
WHEREAS, it has been determined to be in the best interests of the United City of
Yorkville to repeal Section 4.25 of the previous Employee Manual which was approved on
February 10, 2004 and amended on June 26, 2012 and August 12, 2014, and adopt a revised
Section 4.25 for the Employee Manual in the form attached hereto in Exhibit "A".
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that Section 4.25 of the United City of
Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and
incorporated herein is hereby adopted as Section 4.25 for the Employee Manual of the City and
the previous Section 4.25 of the Employee Manual and any amendments thereto adopted by the
City Council are hereby repealed in its entirety.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this/-"'? day
of �Y7(i( 6 C 2016
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
Resolution No.2016- Ool
Page 1
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1Q day
Of JAOUAa.y , 2016.
MAYOR
Resolution No.2016- c�
Page 2
EXHIBIT A
Section 4.25 Family and Medical Leave
Section 4.25.1 General Statement
It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12)
weeks of unpaid family and medical leave during a 12-month period to eligible employees in
accordance with the Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is
measured using a rolling backward year.
Section 4.25.2 Eligibility
In order to qualify to take family and medical leave under this policy, an employee must
have worked for the city for at least twelve (12) months and at least 1,250 hours during the
twelve(12)month period immediately before the date when the leave would begin.
Section 4.25.3 Reasons for Leave
•leave of up to twelve(12)weeks may be requested for any of the following reasons:
a. The birth of a child and to care for the newborn child within one year of
birth;
b. The placement with the employee of a child for adoption or foster care and
to care for the newly placed child within one year of placement;
C. To care for the employee's spouse, child, or parent who has a serious
health condition;
d. A serious health condition that makes the employee unable to perform the
essential functions of his or her job.
e. Because of any "qualifying exigency" (as defined by the Secretary of
Labor) arising out of the fact that an employee's spouse, child, or parent is
deployed on active duty in a foreign country (or has been notified of an
impending call or order to active duty) in the Armed Forces, including the
National Guard and Reserves.
• leave of up to twenty-six (26) weeks may be requested to care for a covered
servicemember with a serious injury or illness if the eligible employee is the servicemember's
spouse, son daughter,parent,or next of kin(military caregiver leave).
Spouses both employed by the City who request Child Care Leave or leave to care for an
ill parent may only take combined aggregate total of twelve (12) weeks during any 12-month
period.
Employees will not be granted an FMLA leave to gain employment or work elsewhere,
including self-employment. Employees who misrepresent facts in order to be granted an FMLA
leave will be subject to immediate termination.
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Section 4.25.3.1 Serious Health Condition
For purposes of this policy, "serious health condition" means an illness, injury,
impairment or physical or mental condition that involves one of the following:
a. Hospital Care. Inpatient care in a hospital, hospice or residential
medical care facility, including any period of incapacity relating to
the same condition;
b. Absence Plus Treatment. A period of incapacity of more than three
full consecutive calendar days (including any subsequent treatment
or period of incapacity relating to the same condition), that also
involves either: (1) treatment two (2) or more times (within 30
days and provided the first visit takes place within seven (7) days
of the first day of incapacity)by a health care provider, by a nurse
or physician's assistant under direct supervision of a health care
provider, or by a provider of health care services under orders of,
or on referral by, a health care provider; or (2) treatment by a
health care provider on at least one occasion which results in a
regimen of continuing treatment under the supervision of the
health care provider (first visit to health care provider must take
place within seven(7)days of the first day of incapacity);
C. Pregnancy. Any period of incapacity due to pregnancy, or for
prenatal care;
d. Chronic Conditions Requiring Treatment. A chronic condition
which: requires at least two (2) periodic visits for treatment per
year by a health care provider, or by a nurse or physician's
assistant under direct supervision of a health care provider; which
condition continues over an extended period of time; and may
cause episodic rather than a continuing period of incapacity;
e. Permanent/Long-term Conditions Requiring Supervision. A period
of incapacity which is permanent or long-term due to a condition
for which treatment may be effective. The employee or family
member must be under the continuing supervision of, but need not
be receiving active treatment by, a health care provider;
f. Multiple Treatments (non-chronic conditions). Any period of
incapacity to receive multiple treatment (including any period of
recovery therefrom) by health care provider or by a provider of
health care services under orders of, or on referral by, a health care
provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of
incapacity of more than three (3) full consecutive calendar days in
the absence of medical intervention or treatment.
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Section 4.25.3.2 Qualifying Exigency Leave
If you are an eligible employee (as defined above), you are entitled to take up to twelve
(12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a
military member is on covered active duty or called to active duty status. The leave described in
this paragraph is available during a 12-month rolling period, and may be taken on an intermittent
or reduced leave schedule basis. You will be required to provide a copy of the military
member's covered active duty orders or other documentation issued by the military that indicates
that the military member is on active duty or is called to active duty status in a foreign country
and the dates of the covered military member's active duty service. Eligible employees may take
all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the
employee may take a combination of twelve (12) weeks of leave for both qualifying exigency
leave or any other qualifying reason listed above.
With respect to a Qualifying Exigency Leave:
a. A "covered military member" means your spouse, son, daughter, or
parent who is on active duty or called to active duty status in any
foreign country in any of the Armed Forces, including a member of the
National Guard or Reserves.
b. A "qualifying exigency" includes the following broad categories: (a)
short notice deployment; (b) military events and related activities; (c)
childcare and school activities; (d)prenatal care; (e)financial and legal
arrangements; (f) counseling; (g) rest and recuperation; (h) post
deployment activities, including reintegration activities, for a period of
90 days following the termination of active duty status; and, (i)
additional categories that are agreed to by the employer and employee
within this phrase.
c. The phrase "son or daughter" is defined as your biological, adopted, or
foster child, stepchild, legal ward, or child for whom you stood in loco
parentis, of any age for qualifying exigency leave, who is on active
duty or called to active duty status who is of any age. (Note: This
definition is different from other sections of this FMLA policy). If the
exigency leave is to arrange for childcare or school activities of a
military member's child, the military member must be the spouse, son,
daughter or parent of the employee requesting the leave.
d. A "parent" means a biological, adoptive, step or foster father or
mother, or any other individual who stood in loco parentis to you when
you were a son or daughter but it does not included"parents in law".
e. Parental care—eligible employees may take leave to care for a military
member's parent who is incapable of self-care when the care is
necessitated by the military member's covered active duty. Such care
may include arranging for alternative care, providing care on an
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immediate need basis, admitting or transferring the parent to a care
facility, or attending meetings with staff at a care facility.
f. Rest and Recuperation — eligible employees may take up to fifteen
days to spend time with a military member on Rest and Recuperation
leave, limited to the actual leave time granted to the military member
and supported by the Rest and Recuperation leave orders or other
appropriate documentation issued by the military setting for the dates
of the leave.
Section 4.25.3.3 Military Caregiver Leave
If you have been employed by the City for at least twelve (12) months and have worked
at least 1,250 hours during the 12-month period preceding the start of the leave, and you work at
or report to a work site which has fifty (50) or more City employees within a 75-mile radius of
that work site, and you are a spouse, child (of any age for military caregiver leave), parent or
next of kin of a Covered Servicemember, as defined below, you are entitled to a total of twenty-
six (26) workweeks of unpaid leave during a single 12-month period to care for the Covered
Servicemember (including twelve (12)workweeks for any other FMLA qualifying reason). The
leave described in this paragraph shall only be available during a single 12-month period
beginning as of the date the leave commences and ending 12 months after that date (and any
unused amounts are forfeited).
Military Caregiver Leave may be permitted more than once if necessary to care for a
different Covered Servicemember (or the same Servicemember with multiple or subsequent
injuries or illnesses)up to a combined total of twenty six(26)workweeks in a twelve(12)month
period. However, your total available leave time in any single 12-month period generally may
not exceed a combined total of twenty-six (26) workweeks (including FMLA time-off taken for
any other reason); except as provided under the FMLA regulations. You will be required to
timely submit the a medical certification available from our Human Resources Department or an
invitational travel order or authorization from the Department of Defense as a condition of
receiving approved Military Caregiver Leave. NOTE: the 12 month computation period for this
type of leave differs from the other types of FMLA leave.
With respect to Military Caregiver FMLA Leave:
a. A "Covered Servicemember" means (1) 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; or(2) is a covered veteran who was
on active duty at some point in the five(5)year period prior to the date
when the medical treatment, recuperation or therapy for a serious
injury or illness and who was a member of the Armed Forces,National
Guard or Reserves at any time during the period of five (5) years
preceding the date on which the veteran undergoes that medical
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treatment, recuperation, or therapy, and who was discharged or
released under conditions other than dishonorable.
b. "Outpatient status" means the status of a Covered Servicemember
assigned to a military medical treatment facility as an outpatient or a
unit established for the purpose of providing command and control of
members of the Armed Forces receiving medical care as outpatients.
c. Next of kin" means the nearest blood relative of that individual
(regardless of age) other than an employee's spouse, son or daughter.
You are required to provide confirmation of the relationship upon
request. The Service member may designate the blood relative who is
considered his/her next of kin; otherwise,the following order generally
will apply: blood relatives granted custody by law, brother/sister,
grandparents, aunts/uncles, and then first cousins.
d. "Serious injury or illness" for a Current Servicemember means an
injury or illness incurred by the Servicemember in the line of duty on
active duty in the Armed Forces(or existed before the beginning of the
Servicemember's active duty and was aggravated by service in the line
of duty) that (i) may render the Servicemember medically unfit to
perform the duties of the member's office, grade, rank or rating, or(ii)
in the case of a veteran Servicemember, that manifests itself before or
after the member became a veteran.
e. "Serious injury or illness" for a Covered Veteran means an injury or
illness that was incurred or aggravated by the member in the line of
duty on active duty in the Armed Forces and manifested itself before
or after the member became a veteran and is: (1) A continuation of a
serious injury or illness that was incurred or aggravated when the
covered veteran was a member of the Armed Forces and rendered the
servicemember unable to perform the duties of the servicemember's
office, grade, rank, or rating; OR (2) A physical or mental condition
for which the covered veteran has received a VA Service Related
Disability Rating (VASRD)of 50 percent or greater and such VASRD
rating is based, in whole or in part, on the condition precipitating the
need for caregiver leave; OR (3) A physical or mental condition that
substantially impairs the veteran's ability to secure or follow a
substantially gainful occupation by reason of a disability or disabilities
related to military service or would do so absent treatment; OR(4) An
injury, including a psychological injury, on the basis of which the
covered veteran has been enrolled in the Department of Veterans
Affairs Program of Comprehensive Assistance for Family Caregivers.
Any request under the Servicemember Family Leave provision(s) due to a serious injury or
illness of a Current Servicemember must be supported by certification issued by the applicable
health care provider or the Department of Defense. You are required to submit this information
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on the forms provided to you and available from the Human Resources Manager or on the
Invitational Travel Orders or Authorizations provided to you by the Department of Defense.
Section 4.25.4 Leave is Unpaid(new section)
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers
from requesting or requiring genetic information of an individual or family member of the
individual, except as specifically allowed by this law. To comply with this law, the Company
asks that employees not provide any genetic information when responding to a request for
medical certification regarding their own serious health conditions under this FMLA Policy.
"Genetic information" as defined by GINA, includes an individual's family medical history, the
results of an individual's or family member's genetic tests, the fact that an individual or an
individual's family member sought or received genetic services, and genetic information of a
fetus carried by an individual or an individual's family member or an embryo lawfully held by an
individual or family member receiving assistive reproductive services.
There is an exemption to GINA's limitation on the disclosure of family medical history
when an employee requests a leave of absence under the FU LA due to a family member's
serious health condition. In such situations, all information necessary to make the medical
certification form complete and sufficient under the FMLA should be provided.
Section 4.25.5 Unpaid Leave of Absence
FMLA leave is generally unpaid leave. If an employee requests Child Care or Family
Medical Leave, any accrued paid vacation and personal time must first be substituted and used
for otherwise unpaid FMLA leave. If an employee requests Employee Medical Leave, any
accrued paid vacation, personal and applicable sick leave must first be substituted and used for
any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of
short-term disability does not extend the 12-week leave period. Employee Medical Leave will
also run concurrently with leave taken under the City's disability leave policy and workers'
compensation leave, if taken for an FMLA qualifying serious health condition.
If an employee takes vacation rime/sick leave using salary continuation for a condition
that constitutes or progresses into a serious health condition, the City may designate all or some
portion of such leave as under this policy, to the extent that the paid leave meets the necessary
qualifications.
Section 4.25.6 Notice of Leave
If an employee's need for FMLA leave is foreseeable, the employee must give the City at
least thirty (30) days prior written notice. Failure to provide such notice may be grounds for
delay of leave. Where the need for leave is not foreseeable, the employee is expected to notify
the City as soon as practicable, generally within one to two business days of learning of the
employee's need for leave. A request must be made in writing on the City's forms(Appendix K),
available in personnel.
You must respond to our questions relative to your leave request so that we can
determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay
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of FMLA protections. If you are seeking leave due to an FMLA-qualifying reason for which the
City has previously granted you FMLA-protected leave, you must specifically reference the
qualifying reason or need for FMLA leave at the time of your request to be away from work. It is
not sufficient to simply "call in sick" without providing additional information which would
provide the City with reasonable cause to believe your absence/time away from work may
qualify as an FMLA qualifying event. In all cases in which you are seeking leave under this
policy, you shall provide such notice to the City consistent with the City's established call-in
procedures so long as no unusual circumstances prevent you from doing so. Failure to comply
with the call-in procedures may result in a delay or denial of FMLA protected leave.
You must make an effort to schedule a leave so as not to disrupt business operations.
During the eave, you may be required to report periodically on your status and your intention to
return to work. Any extension of time for your leave of absence must be requested in writing
prior to your scheduled date of return to work, together with written documentation to support
the extension. Your failure to either return to work on the scheduled date of return or to apply in
writing for an extension prior to that date will be considered to be a resignation of employment
effective as of the last date of the approved leave. Employees on leaves for their own serious
health condition must provide fitness-for-duty releases from their health care provider before
they will be permitted to return to work. Your maximum time on a leave of absence, all types
combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling
twelve month period, unless you are a spouse, child, parent, or next of kin on leave to care for a
Covered Servicemember, in which case your leave can last for up to twenty-six (26) workweeks
in a single twelve(12)month period(unless legally required otherwise).
An Employee shall not be granted a leave of absence for the purpose of seeking or taking
employment elsewhere or operating a private business. Unauthorized work while on a leave of
absence will result in disciplinary action,up to and including discharge.
A leave of absence will not affect the continuity of your employment. Your original date
of employment remains the same for seniority purposes. However, you will not accrue any
benefits during the period you are on a leave.
Section 4.25.7 Medical Certification
If an employee is requesting Employee Medical or Family Medical Leave the employee
and the relevant health care provider must supply appropriate medical certification. The City will
supply all employees with medical certification forms. The medical certification must be
provided within fifteen (15) days after it is requested, or as soon as reasonable under the
circumstances. Failure to provide requested medical certification in a timely manner may result
in denial of leave until it is provided. In its discretion and at its own expense, the City may
require a second medical opinion, and if the first and second opinions differ, a third medical
opinion. The third opinion will be provided by a health care provider approved jointly by the
employee and the City and will be binding. The City may also require recertification periodically
during a leave, and employees will be required to present a fitness-for-duty certificate upon
return to work following an employee medical leave.
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Section 4.25.8 Medical and Other Benefits
During an FMLA leave,the City will maintain the employee's health benefits on the same
conditions as if the employee had continued working. If paid leave is substituted for unpaid
FMLA leave, the City will deduct the employee's portion of the health plan premium as a regular
payroll deduction. If the FMLA leave is unpaid, the employee must make arrangements with the
City to pay his/her portion of the premium. Group health care coverage will cease if the
employee's premium payment is more than thirty (30) days late, but the employee will be
notified at least fifteen (15) days before coverage lapses. Additionally, if the employee fails to
return from leave, the City will require repayment of any premium that was paid for maintaining
the health coverage for the employee, unless the employee does not return because of a
continuing or recurring serious health condition of either the employee or a covered member, or
because of other circumstances beyond the employee's control. Employees are not entitled to
other benefits or seniority accrual during the FMLA leave.
Any changes in benefit plan provisions and costs may apply to individuals on FMLA
leave the same as if they were actively employed, according to the terms of the applicable plan.
Section 4.25.9 Returning from Leave
Employees who return to work from FMLA within or on the business day following
expiration of the twelve (12) weeks are entitled to return to his or her same position or to an
equivalent position with equal benefits, pay or other terms and conditions of employment. The
City may choose to exempt certain highly compensated("key") employees from this requirement
and not return them to the same or similar position. Of course, you have no greater right to
reinstatement or to other benefits and conditions of employment than if you had been
continuously employed during the FMLA leave period. In determining whether a position is
"equivalent" we would look at whether the position had substantially similar terms and
conditions of employment and whether the position entails similar duties, skills, efforts,
responsibilities, authority,privileges and status.
If your leave was due to your own serious health condition, you will be required to
provide medical certification that you are fit to resume work. Employees failing to provide the
Return to Work Medical Certification Form will not be permitted to resume work until it is
provided.
Section 4.25.10 Reporting While on Leave
The City may require an employee on FMLA leave to report periodically on the
employee's status and intent to return to work.
Section 4.25.11 Intermittent and Reduced Schedule Leave
FMLA leave because of a serious health condition may be taken intermittently (in
separate blocks of time due to a single covered health condition) or on a reduced work schedule
(reducing the usual number of hours an employee works per work week or workday)if medically
necessary. If FMLA leave is unpaid, the City will reduce the employee's salary based on the
amount of time actually worked. In addition, while the employee is on intermittent or reduced
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schedule FMLA leave, the city may temporarily transfer the employee to an available alternative
position that better accommodates the employee recurring leave and which has equivalent pay
and benefits.
Section 4.25.12 Policy Administration
This policy is intended to comply with and will be administered in accordance with the
Family and Medical Leave Act of 1993, as amended, and any applicable regulations, definitions
and law there under, as well as any state family or medical leave laws granting additional rights
that are applicable to employees employed in Illinois.
Section 4.25.13 Interrelation of Leaves
Any leave taken pursuant to this policy, other City policies, a collective bargaining
agreement, or law which qualifies as leave under the FMLA or any applicable state family or
medical leave act, will be counted against the employee's available leave under the applicable
City policies, collective bargaining, and/or law, as well as the available leave under the FMLA or
applicable state law,to the extent permitted by such applicable law.
For example, the City complies with the Americans with Disabilities Act ("ADA") and
any other law that allows for reasonable accommodations to disabled employees and employees
who are pregnant or have a pregnancy related disability. The City may approve a reasonable
request for an extension of a leave of absence beyond the amount reflected in the FMLA as a
form of a reasonable accommodation in appropriate cases.
Section 4.25.14 Anti-Retaliation Provisions
Be assured that no retaliation will be taken or tolerated against any employee who
exercises his/her rights under our FMLA policy. If you feel that you have been the victim of any
discrimination or retaliation under this Policy, you are encouraged to contact the Human
Resources Manager so that the matter can be promptly investigated and remedied as appropriate
Section 4.25.15 FMLA Forms
Forms to be used in conjunction with requesting to use FMLA time are attached to this
manual as Appendix K.
Section 4.25.16 Benefits While on Leave
Time spent on extended unpaid leaves of absence may not be counted as creditable
service for pension purposes. Further, if an employee goes on an approved, unpaid leave of
absence for a period in excess of thirty (30) calendar days and wishes to continue to be covered
by the City's health or life insurance, he or she will be responsible for payment of the total
monthly insurance premiums unless otherwise provided by law.
It is the policy of the City not to request the City Council to grant IMRF Pension Credit
and Death and Disability Protection Leave Authorization for an employee going on unpaid
discretionary leave of absence.
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Upon return, the City will place the employee in his or her previous assignment, if
vacant, the employee will be placed in the first available assignment according to the employee's
seniority, where skill and ability to perform the work without additional training is equal. If,
upon the expiration of a leave of absence, there is no work available for the employee or if the
employee could have been laid off according to his seniority except for his leave, he shall go
directly on layoff.
Employees will maintain their employment status and previously accrued benefits while
on approved paid leave. Except where otherwise noted, employees will continue to accrue
benefits during the time they are on approved paid leave from City service.
Unless otherwise stated or otherwise required by law, length of service shall not accrue
for an employee who is on an approved non-paid leave status. Accumulated length of service
shall remain in place during that leave and shall begin to accrue again when the employee returns
to work on a pay status. Unless otherwise stated, an employee returning from leave will have his
seniority continued after the period of the leave.
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