Page | 58 • The placement of a child for adoption or foster care and to care for the newly placed child; • To care for a spouse, child or parent with a serious health condition (described below); • The serious health condition (described below) of the employee; • Qualifying exigency leave for families of members of the National Guard and Reserves; or • To care for a covered service member that is ill or injured. Serious Health Condition Defined – 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 three (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. Other conditions may meet the continuing treatment definition, and employees are encouraged to consult with the Human Resources Department should they have questions about what conditions may be covered under FMLA leave. Healthcare Provider Defined – For the purposes of this policy, a healthcare provider is defined as a duly licensed Doctor of Medicine (M.D.), an Osteopathic Doctor (D.O.), or a Doctor of Dental Surgery (D.D.S.). In addition, Psychiatrists and Psychologists (Ph.D.), who are duly licensed, are recognized as healthcare providers. Qualifying exigency leave for families of members of the National Guard and Reserves – When a covered military member is on active duty or called to active duty in support of a contingency operation, an employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty, may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: • Short-notice deployment; • Military events and activities; • Childcare and school activities; • Financial and legal arrangements; • Counseling; • Rest and recuperation; • Post-deployment activities; or • Additional activities that arise out of active duty provided that the City and employee agree, including agreement on timing and duration of the leave. The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum allowed FMLA leave in a 12-month period. Military Caregiver Leave – An eligible employee can take FMLA leave to care for a spouse, son, daughter, parent or next of kin covered service member with a serious illness or injury incurred in the line of duty on active duty. Next of kin is defined as the closest blood relative of the injured or recovering service member. This leave may extend to up to 26 weeks and the City will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available.
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