10.04 - Personnel Policy Amendments

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medically necessary. All requests for intermittent leave will be evaluated on a case-by-case basis. 10. Fitness for Duty Certification. The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. 11. Job Protection. Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. 12. Effect on Benefits A. Health Insurance. An employee granted a leave under this policy will continue to be covered under the City's group health insurance under the same conditions and at the same level of City contribution as would have been provided if they had been continuously employed during the leave period. If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. Employee co-payments must be made in a timely manner to avoid jeopardizing continued coverage. 13. Use of Accrued Compensatory Time or Paid Leave during Family and Medical Leave. During the Family and Medical Leave, employees must use accrued sick leave and compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker's compensation or the absence qualified under the State Parental Leave law. Employees on leaves due to birth or 20