4.7. SR 02-01-2021 - Laserfiche WebLink

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Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid by the city for group health plan benefits. The city may also require the employee to repay any amounts the city paid on the employee's behalf to maintain benefits other than group health plan benefits. If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject to COBRA continuation. If the employee fails to pay the city a portion of the premiums for which s/he is responsible during the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA. If the employee does not return from the FMLA leave and coverage ended sometime during the FMLA leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee must have been covered on the day before the qualifying event. In this situation, the qualifying event would occur at the time the employee did not return from the leave. Activities Prohibited During FMLA While on leave, employees may not engage in activities (including employment) with the same or similar requirements and essential functions of an employee's current position. Employees shall not engage in activities that conflict with the best interests of the city. Such conduct will result in disciplinary action up to and including termination. Use of Accrued Paid Leave or Compensatory Time during FMLA Paid leave runs concurrently with FMLA leave. The use of sick leave shall be for reasons allowed according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40 hours of accrued sick leave (unless use is not applicable to policy), all but 40 hours of accrued vacation leave, and all compensatory time unless their medical condition/injury is covered by Worker's Compensation, of the absence qualifies tmdef the state Pafefttal Lewe law (see Pafeatal Lewe Peliey�. Additional Leave Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension up to the maximum of twelve (12) weeks allowed under FMLA. If the twelve (12) FMLA weeks have already been used, the employee can request abseneeGeneral Leave. If approved, before tnVaid leweGeneral Leave begins the employee must use any accrued sick leave, compensatory time, or vacation leave that remains. If the leave is approved and the employee will be required to pay the full cost of all group insurance, as provided under COBRA, in order to continue coverage. If the ufTaid 1&tve of abseaeeGeneral Leave is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the city administrator's approval. 26