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ARTICLE 38
LEAVES OF ABSENCE
38.1 Leave of Absence
An unpaid, personal leave of absence may be granted for a period
of up to thirty (30) days for justifiable reasons at the sole
discretion of Delta Township , provided the leave does not seriously
disrupt the Township's operations. An unpaid personal leave
of absence may be requested by full-time regular employees who
have completed three (3) months of continuous service. An
employee must make such requests for personal leave of absence
in writing to the Township Manager, via the Department Director,
at least two (2) weeks prior to the time such leave is to commence.
If the personal leave is necessitated by an emergency, the employee
or a member of his/her immediate family must notify the employee's
supervisor as soon as practicable; this should be followed up
with a written explanation of the nature of the leave and the
expected length of the absence. In such emergency situations,
the written explanation must normally be submitted within three
(3) days of the beginning of the leave. Personal leaves
of absence are not to be granted until all accrued unused vacation
and personal days have been exhausted. However, Delta Township
endeavors to place the employee returning from personal leave
in his/her former position or a position comparable in status
and pay subject to budgetary restrictions, the need to fill the
vacancy, and the ability of the Township to find a qualified temporary
replacement. During his/her leave of absence, an employee
may arrange for continuation of health, life, dental, and long-term
disability insurance at the employee's expense. Personal
leaves of absence, if granted, shall not count as time earned
for seniority and/or longevity payment. An employee on a
personal leave of absence does not accrue any sick time credits,
vacation credits, and/or any other benefits. The Township
Manager may, at his/her sole discretion, extend such leave of
absence beyond a thirty (30) day period if circumstances so warrant.
38.2 Family and Medical Leave
Requests for all leaves of absence must be made in writing
at least one (1) week in advance. All requests must be
sent to and approved by the Township Manager. Requests
must specify the reason for the leave, the date such leave will
begin, if known, and the expected duration of the leave, provided
such period shall not exceed twelve (12) work weeks. There
is a form that will be available for anyone requesting a leave
of absence.
Federal law provides that most employers, including the Township,
must provide leaves of absence for a number of specified reasons
which are set forth below. The rules regarding leaves of absence
under the Family Medical Leave Act are as follows:
A. Eligibility Requirements
Employees are eligible if they have worked for the township
for at least one year, and for 1,250 hours over the previous
12 months. If both spouses are employed by the township, they
may be limited to a combined total of 12 weeks of family leave
for the following reasons:
• birth and care of a child;
• for the placement of a child for adoption or foster
care, and to care for the newly placed child; and,
• to care for an employee's parent who has a serious
health condition.
B. Requests for Leave
Employees must provide 30 days advance notice of the need
to take FMLA leave when the need is foreseeable. When 30 days
notice is not possible, the employee must provide notice as
soon as practicable and must comply with the Township’s
Notification of Absence procedure.
Employees must provide sufficient information for the employer
to determine if the leave may qualify for FMLA protection
and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform
job functions, the family member is unable to perform daily
activities, the need for hospitalization or continuing treatment
by a health care provider, or circumstances supporting the
need for military family leave. Employees also must inform
the employer if the requested leave is for a reason for which
FMLA leave was previously taken or certified. Employees also
may be required to provide a certification and periodic recertification
supporting the need for leave. All requests must be sent to
and approved by the Township Manager or designee. The Manager’s
Office also has forms available to support the needed documentation.
C. Types of Leave
a. Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks
of unpaid,
job-protected leave to eligible employees for the following
reasons:
(a) For incapacity due to pregnancy, prenatal medical care
or child birth;
(b) To care for the employee’s child after birth,
or placement for adoption or foster care;
(c) To care for the employee’s spouse, son or daughter,
or parent, who has a serious health condition; or
(d) For a serious health condition that makes the employee
unable to perform the employee’s job.
A serious health condition is an illness, injury, impairment,
or physical or mental condition that involves either an
overnight stay in a medical care facility, or continuing
treatment by a health care provider for a condition that
either prevents the employee from performing the functions
of the employee’s job, or prevents the qualified family
member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment
requirement may be met by a period of incapacity of more
than 3 consecutive calendar days combined with at least
two visits to a health care provider or one visit and a
regimen of continuing treatment, or incapacity due to pregnancy,
or incapacity due to a chronic condition.
b. Military Family Leave Entitlement
Eligible employees with a spouse, son, daughter, or parent
on active duty or call to active duty status in the National
Guard or Reserves in support of a contingency operation
may use their 12-week leave entitlement to address certain
qualifying exigencies. Qualifying exigencies may include
attending certain military events, arranging for alternative
childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deployment
reintegration briefings.
FMLA also includes a special leave entitlement that permits
eligible employees to take up to 26 weeks of leave to care
for a covered service member during a single 12-month period.
A covered service member is a current member of the Armed
Forces, including a member of the National Guard or Reserves,
who has a serious injury or illness incurred in the line
of duty on active duty that may render the service member
medically unfit to perform his or her duties for which the
service member is undergoing medical treatment, recuperation,
or therapy; or is in outpatient status; or is on the temporary
disability retired list.
38.3: Compensation and Benefits
An employee will not receive compensation while on leave unless
previously earned sick or vacation benefits are used; however,
an employee will be required to use sick and vacation leave while
on Family or Medical leave.
If an employee is on the health insurance plan, the Employer
will continue to pay the same portion of the benefits during the
leave as it paid prior to the leave.
38.4: Restoration to Position
An employee who returns to work at the end of the leave of absence
will be returned to the position held at the beginning of the
leave or an equivalent position with equivalent benefits, pay,
and other terms and conditions of employment. Such a person
will not be credited with "service time" for the period
of the leave except for that portion of such time during which
the employee utilized accumulated paid time as authorized under
the policy.
An employee who leaves a full-time position may not return to
that position on a part-time basis unless in the discretion of
the Township Manager the position can be performed by one or more
part-time employees .
38.5: Extension of Leave
Requests for extension of a leave of absence will be considered
if they are received by the Township Manager in writing before
the expiration of an approved leave, are supported by proof of
continued need, and the requested extension does not cause the
total period of absence to exceed twelve (12) weeks. Any
employee who fails to report to work at the end of an approved
leave will be deemed to have voluntarily resigned.
38.6: Misuse of Leave
Use of leave for reasons other than those for which it is taken
is prohibited. Abuse of leave time will result in discipline
up to and including discharge.
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