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R-2902-4-10RESOLUTION NO. 2902-4-10(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AMENDMENTS TO CHAPTER 9, "LEAVE," OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council previously adopted the City of Allen Personnel Policies and Procedures Manual on June 20,1991; and, WHEREAS, the policy contemplates that from time to time revisions and amendments should be made to the manual; and, WHEREAS, it is the responsibility of the City Council to adopt amendments to the manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen Personnel Policies and Procedures Manual is hereby amended by the policy attached hereto as Exhibit "A" and is hereby approved. SECTION 2. The City Council directs the City Manager, or designee to codify and promulgate the revised policies set forth herein for the benefit and understanding of all City employees. SECTION 3. All resolutions of the City of Allen, Collin County in conflict with this resolution are hereby repealed. SECTION 4. The City of Allen Personnel Policies and Procedures Manual as amended herein shall continue in full force and effect until amended or repealed by resolution of the City Council. SECTION 5. This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13TM DAY OF APRIL, 2010. APPROVED: Stephen errell, MAYOR ATTEST: �nAm'� S ellcy B. G e, TRMC, CrDY SECRETARY CHAPTER NINE LEAVE ' 9.01 SEVERABILITY OF COVERAGE All provisions of this policy which grants benefits are subject to reduction or elimination at the discretion of the City Council. Employee's future entitlement to any benefit which is subsequently discontinued by the City Council will be governed solely by the requirements of applicable state and Federal law. 9.02 PAID LEAVE 9.02 A WHEN PAID LEAVE IS CHARGED Paid leave is only charged on days that an employee would otherwise be at work. No more than 40 hours may be charged to paid leave during a standard workweek. If an employee is on an approved alternate workweek schedule, the paid leave taken during the alternate workweek cannot exceed the maximum hours scheduled for the alternate workweek. 9.02 B BENEFIT ACCRUAL WHILE ON PAID LEAVE While on paid leave, leave and other benefits will continue to accrue at the rate to which the employee is entitled. ' 9.03 HOLIDAYS 9.03 A OFFICIAL HOLIDAYS The following holidays are recognized as official holidays: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. Thanksgiving Day 6. Friday following Thanksgiving 7. Christmas Eve 8. Christmas Day 9. Personal Day— Designated as September I I'h Holiday for Firefighter personnel If a holiday falls on Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. The City Manager reserves the right to modify the holiday schedule and will communicate any changes to City Staff. Employees are provided a personal day each year that must be used in the calendar year it is accrued. Any unused personal day will be forfeited at the end of the calendar year. Personal days most be used in whole day increments and must be approved in advance by the employee's supervisor. Resolution No. 2902-4-10(R), Page 2 9.03 B SCHEDULE ' The City of Allen reserves the right to schedule essential employees to work on designated holidays to maintain necessary levels of service. 9.03 C RELIGIOUS OBSERVANCES Employees desiring to observe religious holidays not coinciding with official holidays may request leave under the provisions of the type of leave to be taken. Subject to maintenance of essential services, every accommodation will be made. 9.03 D ABSENCE BEFORE OR AFTER A HOLIDAY Holiday pay will be withheld if an employee has an unscheduled absence the day before or the day after a holiday. An unscheduled absence is defined as one that has not been approved in advance by management. A Department Head may make exceptions for unscheduled absences due to emergency situations. 9.03 E ALTERNATE WORKWEEK SCHEDULES When an official holiday falls on a full-time employee's regularly scheduled day off, (employees who work an alternate workweek schedule) the employee will be granted equivalent time off on another day. If another day cannot be arranged, the employee will be ' paid for the holiday within the same pay period that the official holiday is observed. Department Heads are responsible for ensuring that full-time employees working an alternate workweek schedule receive benefits for the full number of official holidays. Police and Fire personnel are exempt from provision 9.03(E) 9.03 F WORKING ON A HOLIDAY Employees that are required to work on an official holiday (as prescribed in the City's Leave Policy — Chapter 9 Section 9.03 A Items 1-8) will be compensated in accordance to the following: I. POSITIONS WITH FULL TIME EQUIVALENCY (FTE.50 OR GREATER At the discretion of the Department Head, full and part-time employees in positions with a full time equivalency (FTE) of .50 or greater who work on an official holiday, may receive the number of hours equivalent to their FTE off with pay during the same workweek of the holiday or may be compensated for hours worked in addition to the holiday. 2. POSITIONS WITH FULL TIME EQUIVALENCY (FTE) LESS THAN .50 Temporary, seasonal and part-time employees in positions with a full time equivalency (FTE) less than .50 who are required to work on an official holiday will be compensated for the actual number of hours worked on the holiday at their regular rate of pay. Resolution No. 2902-4-]0(R), Page 3 3. POLICE PERSONNEL Police Department personnel who work a shift schedule and who work on an official holiday will be compensated at the holiday premium rate equal to 1.5 times their regular rate of pay. Police Department personnel who work a shift schedule and who work on an official holiday will also have the option to use their holiday for time off at any time during the fiscal year (management reserves the right to approve/deny time off requests based on workload or scheduling requirements) or to be paid out at any time during the fiscal year. Police Department personnel who are regularly scheduled off on an official holiday will have the option to be compensated for the holiday at the regular rate of pay during that holiday's pay period, or accrue the holiday and have the remainder of the fiscal year to use that day. Any holiday that is accrued must be used by September 300' of the fiscal year. Any employee that has accrued holidays after September 30" will be compensated for those hours in October of that same year. No holiday may be carried over a fiscal year. The maximum accrual amounts shall not exceed 80 hours. Police Administration and support personnel will follow procedures prescribed in the City's Leave Policy — Chapter 9, Section 9.03 H, Item 1. 4. FIRE PERSONNEL Fire Department personnel shall select holiday time through an established department process which takes place each fall. Shift personnel are required to submit a request to the Battalion Chief for approval on the dates the employee would like to designate as holidays for the coming calendar yew. Shift personnel accrue sixty (60) hours of holiday time in January and another forty-eight (48) hours in July of each calendar year. Holidays scheduled or changed after the first of the year will require approval through the chain of command to the Battalion Chief. Any change request must take place prior to the leave. Change requests after the leave has occurred will be denied and the timesheet shall reflect the original request. The Battalion Chief will approve or deny the request and respond via email to confirm the status of the leave request. Fire administration personnel will follow procedures prescribed in the City's Leave Policy -Chapter 9, Section 9.03 H, Item 1. 9.031 HOLIDAY PAY Payment of a holiday will only occur on an official City holiday and not the actual holiday if the dates differ. Employees who are scheduled to work on a day that their City facility is ' closed, and the day is not recognized as an official City holiday, have the option to either utilize vacation leave or make up the time during the same work week with approval from their Department Head. Resolution No. 2902-4-10(R), Page 4 1. POSITIONS WITH A FULL TME EQUIVALENCY (FTE) .50 OR GREATER Part time employees with a full time equivalency (FTE) of .50 or greater shall receive pro -rated holiday pay only for those holidays that fall on a day that the employee is regularly scheduled to work. The amount of holiday pay is based on the position's FTE and is calculated by multiplying the number of hours of the work day by the FTE rate, rounded to the nearest hour. A part-time employee's work schedule should not be arbitrarily changed prior to a City holiday to deprive the employee of holiday pay or to provide additional pay inconsistent with the work schedule followed prior to the holiday. 2. POSITIONS WITH A FULL TIME EQUIVALENCY (FTE) LESS THAN .50* Temporary, seasonal and part-time employees with a full time equivalency (FTE) less than.50 are not eligible to receive holiday pay. *Part time employees with an FTE less than .50 who were hired prior to October 1, 2008 are grandfathered under the previous policy and are eligible to receive pro -rated holiday pay according to their FTE Any grandfathered employee who ends their employment with the City and is later re -hired as a part-time employee in a position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of re -hire. Additionally, grandfathered employees who transfer to another position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of the transfer. ' 9.03 J MINIMUM USE Holidays must be taken in whole day increments. 9.03 K HIRES & TERMINATIONS NEAR HOLIDAYS Employees, who terminate employment with their last day of employment being the day before a holiday, will not receive pay for the holiday. New hires that begin employment on the day after a holiday will not receive pay for the holiday. 9.04 VACATION LEAVE 9.04 A ACCRUAL RATES Full time employees', shall accrue the following amounts of vacation leave in 26 pay periods per calendar year: 80 hours start of employment to fifth anniversary 120 hours fifth anniversary to tenth anniversary ' 160 hours tenth year anniversary and beyond 'Per Local Government Code 142.0013, members offire or police departments (firefighters, police officers) with a population of more than 30, 000 are entitled to 15 vacation days each Resolution No. 2902-4-10(R), Page 5 year with pay if the member has been regularly employed in the department for at least one year. Department Directors and Assistant Directors: 120 hours start of employment to tenth anniversary 160 hours tenth anniversary and beyond Part-time employees* who are regularly scheduled to work 20 or more hours per week shall accrue vacation in proportion to their position's full time equivalency. *Part time employees with an FTE less than .50 who were hired prior to October 1, 2008 are grandfathered under the previous policy. Any grandfathered employee who ends their employment with the City and is later re -hired as a part-time employee in a position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of re -hire. Additionally, grandfathered employees who transfer to another position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of the transfer. 9.04 B MAXIMUM ACCRUAL Leave in excess of the following amounts will be forfeited after the payroll period that pays thru December 31a0 of each year. The City Manager may approve a one month extension. 200 hours start of employment to fifth anniversary* 300 hours for Fire Shift personnel 240 hours fifth anniversary to tenth anniversary 360 hours for Fire -Shift personnel 320 hours tenth anniversary and beyond 480 hours for Fire -Shift personnel *Police Officers and Firefighters accrue a maximum of 240 hours after the first year of employment until the tenth anniversary. 9.04 C APPROVAL The City of Allen reserves the right to approve or disapprove vacation leave and personal day requests based on workload or scheduling requirements. 9.04 D MINIMUM USE Vacation leave must be taken in not less than one-hour increments. 9.04 E PAYMENTS OF ACCRUED LEAVE ' Accrued vacation leave will be paid upon the employee's termination up to the maximum amount allowed. Resolution No. 2902-4-]0(R), Page 6 I 1 9.04 F NON -PAY STATUS No leave will be accrued during a month for an employee who is on unpaid leave more than half of that month's working days. 9.04 G ADVANCEMENT Leave credits may not be advanced without the approval of the City Manager. 9.04 H RETENTION OF ACCRUAL Employees being laterally transferred, promoted, or demoted shall retain accrued vacation leave. 9.04I HOW CHARGED Vacation leave will be charged only for time during which the employee would ordinarily have worked. 9.04 J HOLIDAYS Official holidays occurring during a vacation will be charged to holiday time rather than vacation time. 9.05 LEAVE WITHOUT PAY 9.05 A RESTRICTIONS Employees requesting leave without pay must submit the request in writing to the City Manager for approval. The City of Allen reserves the right to approve or disapprove requests for leave without pay. 9.05 B MAXIMUM USE OF LEAVE WITHOUT PAY Leave without pay may not be granted in excess of 1,040 hours per fiscal year. The City Manager may authorize an extension of leave without pay up to an additional 173 hours. 9.05 C BENEFIT ACCRUAL Benefits will not accrue while an employee is on leave without pay. 9.05 D HOLIDAYS DURING LEAVE WITHOUT PAY Resolution No. 2902-4-10(R), Page 7 Employees are not eligible for paid holidays while on leave without pay. ' 9.05 E INSURANCE COVERAGE Employees who desire to continue coverage during periods of leave without pay must make advance arrangements to pay the required monthly amounts. If the insurance policy requires a premium paid in part by the employee, the employee must pay his/her portion of the premium as with the portion normally paid by the City by the first day of each billing month or his/her enrollment in that particular policy may be terminated. 9.06 JURY / COURT DUTY LEAVE 9.06 A PAID LEAVE The City of Allen will continue the regular straight -time salary when employees are called to jury duty if called during normal duty hours. The juror's allowance shall not be deducted from employee's pay. 9.06 B DOCUMENTATION REQUIRED Employees must submit to their supervisor a copy of the jury summons as with a copy of the court pay voucher upon completion of jury duty as evidence of the duration of service. ' 9.06 C COURT APPEARANCE Employees appearing in court in the line of official City business, including appearing on behalf of the County, State, or Federal government for services related to City duties or subpoenaed for cases beyond their control, will be paid for the time off. 9.06 D PERSONAL / PRIVATE BUSINESS Employees appearing in court in instances unrelated to City business and instances in which they were not subpoenaed will not be paid for the time off. Vacation time may be used in such situations. 9.06 E RETURN TO WORK Once an employee has fulfilled his obligation to the court, he/she must return to work if there we at least two hours of the employee's standard workday remaining. 9.07 MILITARY LEAVE Military leave will be granted in accordance with applicable State and Federal laws. Employees preparing to take military leave shall famish the City copies of military orders or other applicable certification. An employee will notify the City m far as possible in advance ' if the employee knows that he/she will Find it necessary to take military leave. References to military service (or simply service) within this section are as defined by the Uniformed Services Employment and Reemployment Rights Act. Resolution No. 2902-4-10(R), Page 8 9.07 A TIME GRANTED Employees will be granted 15 days paid military leave per fiscal year. All leave in excess of 15 days may be charged to accrued vacation leave. If vacation leave is unable to fully compensate for all time on military leave over 15 days, the employee will be considered to be on leave without pay. 9.07 B PROVISIONS 1. Military leave includes time included in the employee's orders and paid for or reimbursed by the military service. 2. Military leave includes time required for physical examination for selection or admission into military service, to determine or maintain a selective service rating, state service in the National Guard, to maintain reserve status, or for training required and paid for by the service. 3. Military leave will not be granted for diagnosis or treatment of any service -related injury, sickness, or disability, for obtaining or sustaining any disability rating, or for treatment in any government facility unless done so under military orders. Leave of this nature properly falls under the Sick Leave category and its provisions as prescribed in Section 9.13. ' 4. Military leave will only be given in lieu of regularly scheduled work hours. 5. The City may provide supplemental salary for up to one year for employees on military leave. 6. Employee benefits will continue for the employee while on military leave. The employee must pay the full amount for the continued cost of the employee's family benefits. 9.07 C RETURN TO WORK Employees most notify his/her supervisor of the date in which they anticipate returning to work. Upon return to work following a period of military service, the employee: 1. Will, upon the end of military duty, report to work on the first scheduled work day or regular shift starting on the next scheduled work day after return to the employee's residence from place of military duty if the employee has been on duty from I to 30 days, within 14 days after release after duty of 31-180 days, and after 90 days if the duty is 181 days or more. 2. Will return to the position of employment in which he would have been employed if the period of employment with the City had not been interrupted by such service, with the caveat that the employee is still qualified to perform those duties, or can be ' re -qualified to perform the duties of their original position after reasonable efforts by the City to qualify the person. Resolution No. 2902-4-10(R), Page 9 3.If the length of service exceeds 90 days, the employee may be transferred to a position of like seniority, status and pay if the employee is qualified to perform the duties of that position with or without reasonable efforts by the City to qualify the person, if such position is available. 4. If the employee has a disability incurred in, or aggravated during military service, the department shall make reasonable efforts to accommodate the disability, and the person may be reemployed in a position which is equivalent to or the nearest approximation in seniority, status and pay, the duties of which the employee is qualified to perform after reasonable efforts by the City, if such position is available. 5. If, after a period of military service, the person is not and cannot become qualified to be employed in any of the foregoing positions after reasonable efforts by the City, he will be placed in any other position of lesser status and pay which he is qualified to perform, with full seniority, if such position is available. 6. Seniority benefits will be continued as if there had been no break in the employee's employment. 9.08 PREGNANCY AND CARE OF NEWBORNS As per the Pregnancy Discrimination Act of 1978, pregnancy is treated as a temporary ' disability and alternate duty may be assigned if the pregnant employee is unable to fulfill her normal job functions. In these cases the employee is covered by the City's Alternate Duty policy as prescribed in Section 18.03. After the birth or adoption of a baby, an employee can take any available paid leave benefits to stay at home to care for the child. If the leave is in excess of three (3) days the City of Allen reserves the right to place the employee on FMLA leave as prescribed in Section 9.14. 9.09 FUNERAL LEAVE Employees may be granted up to three (3) days in a fiscal year, to attend the funeral of a member of the employee's immediate household or family, including parent, brother, sister, spouse, child, grandparent, parent -in-law, brother-in-law, sister-in-law, grandparent -in-law, legal guardian or ward, grandchildren, step-parents, step -child, step -brother, step -sister. Requests for additional time, or leave in excess of one occurrence, are subject to approval of the City Manager. If multiple deaths occur simultaneously within the family, a special exception to the allowance of three (3) days may be approved by the City Manager. 9.10 UNAUTHORIZED LEAVE Unauthorized absences for two (2) consecutive days will be considered job abandonment, and will result in termination of the employee. There is no appeal for termination due to unauthorized absences. Employees leaving their work station without approval or authorization, except for established rest periods, may be subject to discipline up to and including termination. Resolution No. 2902-4-IO(R), Page 10 9.11 ADMINISTRATIVE LEAVE ' With the approval of the City Manager or Department Head, administrative leave with pay may be granted to permit an employee to vote in official elections, participate in investigative proceedings, training activities, legislative proceedings, civic functions or any other purpose deemed to be in the City's best interests. When deemed appropriate by the City Manager, an employee who is under investigation or charged with a crime may be placed on administrative leave without pay. Administrative leave without pay may be also utilized when employees have exhausted all accrued paid leave, or have been placed on such leave by their respective Department Head, the Human Resources Director, or the City Manager. 9.12 ADVANCEMENT OF LEAVE No leave may be advanced without approval of the City Manager. 9.13 SICK LEAVE 9.13 A SICK LEAVE ACCRUAL Full-time employees on a 40 -hour workweek shall accrue 2.77 hours towards sick leave per ' pay period. Fire shift personnel working in excess of 11 hours per week shall accrue 4.11 hours towards sick leave per pay period. Part-time employees* who are regularly scheduled to work 20 hours or more per week shall accumulate sick leave in proportion to time worked. *Part-time employees with an FTE less than .50 who were hired prior to October 1, 2008 are grandfathered under the previous policy. Any grandfathered employee who ends their employment with the City and is later re -hired as a part-time employee in a position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of re -hire. Additionally, grandfathered employees who transfer to another position with an FTE of less than .50 will not be eligible for paid leave benefits at the time of the transfer. 9.13 B MAXIMUM ACCRUAL Employees may accrue an unlimited amount of sick leave. 9.13 C MINIMUM USE Sick leave may be taken in not less than one-hour increments. 9.13 D SICK LEAVE AND OVERTIME Absences charged to sick leave will only cover payment for the employee's regular schedule and will not include overtime whether scheduled or not. 9.13 E BASIS FOR USE Resolution No. 2902-4-IO(R), Page 11 Sick leave may be used for personal or family illness, injury, legal quarantine, care of a newborn infant, or routine health care appointments, which cannot reasonably be scheduled outside working hours. 9.13 F VERIFICATION The City may request and obtain verification of the circumstances surrounding any use of sick leave. 9.13 G TRANSFERABILITY OF CREDITS Sick leave credits are not transferable between employees. 9.13 H PAYMENT UPON SEPARATION Employees will be paid for unused sick leave upon separation at the rate of 24 hours (36 hours for fire shift personnel) for each complete year of service up to a maximum of 720 hours (1,080 hours for fire shift personnel). If separation occurs on or after the 16th day of the 11th month of any service year, the separating employee will be considered to have served a complete year. A retired employee or beneficiary of a deceased employee is entitled to payment for up to 720 hours (1,080 hours for fire shift personnel) of accrued sick leave, regardless of length of service. ' 9,131 DENIAL OF SICK LEAVE While eligible employees may be entitled to unpaid FMLA leave, employees we not entitled to paid sick leave when they are absent for reasons relating to: (1) purposefully inflicted injuries; (2) caused by willful misconduct; (3) sustained while on leave of absence without pay; or (4) sustained as a result of another job, not previously approved by the City of Allen. This provision shall not apply to employees who qualify as "individuals with a disability" under the Americans with Disabilities Act (ADA) of 1990, regardless of the reason for their injuries. 9.13 J ILLNESS WHILE ON VACATION If an employee becomes ill or is injured while on vacation leave, the employee may request that the time spent sick or injured may come from sick leave instead of vacation leave. 9.13 K SICK LEAVE WHILE ON UNPAID LEAVE/SUSPENSION An employee on leave without pay or suspension forfeits the use and accrual of sick leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the Family and Medical Leave Act. Upon completion of the leave without pay, the employee must either physically return to work if healthy, or submit an approved original doctor's statement justifying inability to return to work before sick leave credit and ' accrual may be restored. Resolution No. 2902-4-10(R), Page 12 9.13 L EXHAUSTION OF SICK LEAVE ' When an employee uses all sick leave and vacation leave, then the employee may be placed on leave without pay if approved by the City Manager or in accordance with the Family and Medical Leave Act. 9.14 FMLA LEAVE 9.14 A DEFINED Employees may take up to twelve weeks of unpaid leave per year in accordance with the national Family and Medical Leave Act (FMLA) of 1993. Application of this policy will vary according to the conditions set forth in this section. For situations or events in which this policy does not directly provide resolution, the FMLA and its regulations will apply. The period during which employees are in an unpaid status but protected by this policy will be referred to as "FMLA leave." The length of FMLA leave will be determined by the employee, but shall not exceed twelve (12) weeks. 9.14 B COVERAGE FMLA coverage provides eligible employees up to 12 weeks of unpaid, job -protected leave for the following reasons: ' 1. For incapacity due to pregnancy, prenatal medical care or child birth; 2. To care for the employee's child after birth, or placement for adoption or foster care; 3. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or 4. For a serious health condition that makes the employee unable to perform the employee'sjob. Eligible employees with a spouse, son, daughter, or parent on active duty or called 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. Resolution No. 2902-4-IO(R), Page 13 9.14 C ELIGIBILITY ' Employees who are eligible for this leave have worked for the City at least twelve (12) months in total and at least 1,250 hours during the twelve (12) months immediately preceding the beginning of the leave. A person reemployed under The Uniformed Services Employment and Reemployment Rights Act (USERRA) must be given credit for any months and hours of service he or she would have been employed but for the military service in determining leave eligibility under Family and Medical Leave Act (FMLA). 9.14 D NOTICE AND SCHEDULING An employee must provide at least 30 days advance notice of his/her intention to take FMLA leave, to the extent he/she is able to do so. This notice, regardless of the date it takes effect, must be made in writing to a Benefits representative in the Human Resources Department and must include the effective date of FMLA leave, the nature of the employee's need for leave, the name and address of the concerned physician, the date the employee intends to return to work, and the employee's intentions with respect to using other paid and unpaid time off. Employees taking leave to care for a new child will not be allowed to take the leave intermittently. Employees who have serious health conditions or are caring for seriously ill children, parents or spouses, however, may take their leave intermittently or on a reduced work schedule if this is medically necessary. Leave due to qualifying (military) exigencies ' may also be taken on an intermittent basis. 9.14 E EXTENDED MEDICAL LEAVE Nothing in this policy prevents the City from granting unpaid family or medical leave for employees beyond the initial twelve (12) weeks, however, the same protections and benefits granted under FMLA leave will not be continued during this extended leave. The provisions of Section 9.05, will apply to employees on extended medical leave. 9.14 E CERTIFICATION The City may require that employees requesting FMLA leave provide a certification from a doctor or other health care provider verifying the need for the leave. If the leave is to care for a child, spouse or parent of the employee, the City may also ask for a statement that the employee is needed to care for this person and an estimate of the amount of the time the employee will be needed to provide this care. If the need for leave is due to an employee's own serious health condition, the City may ask for a statement that the employee is unable to perform the functions of his/her job. Furthermore, the City may require that the employee (or the individual the employee is caring for) get a second or a third medical opinion on the accuracy of the information provided in the certification; the cost of these extra opinions will be paid by the City. ' When qualifying (military) exigency leave is taken due to an employee's spouse, or a son, daughter, or parent, of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the leave may Resolution No. 2902-4-10(R), Page 14 commence as soon as the individual receives the call-up notice. Proof of the qualifying family member's call-up or active military service must be provided to the Human Resources ' Department before leave is granted. 9.14 F JOB PROTECTION F Upon their return to work, employees taking FMLA leave will be reinstated in their previous jobs or equivalent positions with equivalent pay. 9.14 G BENEFITS CONTINUED The City will continue insurance benefits for employees on FMLA leave at the same level at which benefits would be provided were the employee actively at work. If the insurance policy requires a premium paid in part by the employee, the employee must pay his/her portion of the premium by the first day of each billing month or his/her enrollment in that particular policy may be terminated. If the employee quits his/her job during or after the FMLA leave, but before returning to work, the City may recapture payments made for health benefits during that period from the former employee, subject to the FMLA. 9.14 H ACCRUAL OF BENEFITS DURING FMLA LEAVE Employees taking unpaid FMLA leave will not accrue sick leave, vacation leave, seniority (longevity), disability, or TMRS benefits. ' 9.141 PAID LEAVE AND FMLA The City will require all employees taking FMLA leave for their own serious health condition, or to care for a spouse, son, daughter or parent with a serious health condition to use all their accrued paid leave benefits concurrently with their FMLA leave. The accrued paid leave benefits will count towards the 12 -week FMLA total. Employees who are out due to workers' compensation are also required to use FMLA. 9.14 J SPOUSES EMPLOYED BY THE CITY If a husband and wife, both of whom are employed by the City, each wishes to take leave for the birth or adoption of a child or to take care for a sick parent may be limited to a combined total of 12 weeks. This limitation does not apply to leave for either the husband's or wife's own serious health condition or the serious health condition of a child. If a husband and wife, both of whom are employed by the City, each wishes to take leave for the care of a qualified military service member, the eligible employees shall be entitled to a combined total of 26 workweeks of FMLA leave. Resolution No. 2902-4-1O(R), Page 15