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Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is <br />to commence. The 12 months or 52 weeks need not have been consecutive; <br />however, the city will not consider any service 7 years prior to the employee's most <br />recent hire date. <br />Have worked at least 1,250 hours during the 12-month period prior to the date <br />when the leave is requested to commence. The principles established under the <br />Fair Labor Standards Act (FLSA) determine the number of hours worked by an <br />employee. The FLSA does not include time spent on paid or unpaid leave as hours <br />worked. Consequently, these hours of leave should not be counted in determining <br />the 1,250 hours eligibility test for an employee under the Family and Medical Leave <br />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 <br />employee for adoption or foster care. <br />■ To care for a spouse, child, or parent who has a serious health condition. <br />■ Due to a serious health condition that makes the employee unable to perform the <br />essential functions of the position. <br />■ A covered military member's active duty or call to duty, or to care for a covered <br />military member (Military Caregiver and Qualified Exigency Leave, described <br />below). <br />Definitions <br />Caring - Psychological as well as physical care. It also includes acquiring care and sharing <br />care duties for a covered family member. <br />Eligible child - biological, adopted, or foster child, a stepchild, a legal ward, or a child of a <br />person standing in loco parentis, who is under 18 years of age or who is 18 years of age or <br />older and incapable of self -care because of a mental or physical disability. <br />Spouse - Spouse means a husband or wife as defined or recognized in the state where the <br />individual was married, including in a common law marriage or same -sex marriage. <br />Eligible parent - Parent means a biological, adoptive, step or foster father or mother, or <br />any other individual who stood in loco parentis to the employee when the employee was a <br />child. This term does not include "parents -in-law." <br />Serious Health Condition - As defined under the FMLA means an illness, injury, <br />impairment, or physical or mental condition that involves one of the following: <br />■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight <br />stay) in a hospital, hospice, or residential medical care facility. <br />■ Period of incapacity due to pregnancy, prenatal medical care, or childbirth. <br />■ Period of incapacity of more than three consecutive calendar days that also <br />involves continuing treatment by or under the supervision of a health care provider <br />Page 31 1 81 <br />Page 185 of 447 <br />