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employees will be paid at one and one-half times their regular base rate for working the following <br />days: <br />■ After 4:00 p.m. on New Year's Eve <br />■ New Year's Day <br />■ Memorial Day <br />■ Independence Day <br />■ Labor Day <br />■ Christmas Eve Day <br />Family and Medical Leave (FMLA) <br />An emoloyee need not asseft his/her fiehts de f theTAILA cfev . <br />The city shall determine <br />whether leave taken by ffi emplelteLis FMLA-qualifiedying. An employee cannot choose to opt out of <br />FMLA leave given a qualifying event. <br />To Employees must meeting the following conditions qualify for FMLA leave: <br />Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to <br />commence. The 12 months or 52 weeks need not have been consecutive; however, the city will <br />not consider any service 7 years prior to the employee's most recent hire date. <br />Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is <br />requested to commence. The principles established under the Fair Labor Standards Act (FLSA) <br />determine the number of hours worked by an employee. The FLSA does not include time spent <br />on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be <br />counted in determining the 1,250 hours eligibility test for an employee under the Family and <br />Medical Leave Act (FMLA). <br />Leave will be granted to all eligible employees for any of the following reasons: <br />■ The birth of a child, including prenatal care, or placement of a child with the employee for <br />adoption or foster eafe;care. <br />■ To care for a spouse, child, or parent who has a serious health oondiierr;condition. <br />■ Due to a serious health condition that makes the employee unable to perform the essential <br />functions of the position, <br />■ ,A covered military member's active -duty call to duty, or <br />to care for a covered military member (Military Caregiver and Qualified Exigency Leave, <br />described below). <br />Definitions <br />Caring - Psychological as well as physical care. It also includes acquiring care and sharing care <br />duties for a covered family member. <br />22 <br />