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If the employee does not return from the FMLA leave and coverage ended sometime <br />during the FMLA leave due to lack of payment, there is no COBRA election available. For <br />COBRA to apply, the employee must have been covered on the day before the qualifying <br />event. In this situation, the qualifying event would occur at the time the employee did not <br />return from the leave. <br />Activities Prohibited During FMLA <br />While on leave, employees may not engage in activities (including employment) with the <br />same or similar requirements and essential functions of an employee's current position. <br />Employees shall not engage in activities that conflict with the best interests of the city. <br />Such conduct will result in disciplinary action up to and including termination. <br />Use of Accrued Paid Leave or Compensatory Time during FMLA <br />FMLA will run concurrently with any leave and/or wage supplement for which you may be <br />eligible for under local, state, or federal law which may include: Worker's Compensation, <br />Minnesota Paid Leave (MNPL) and/or Minnesota Women's Economic Security Act (WESA) <br />pregnancy and parenting leave. <br />FMLA will also run concurrently with any leave within this Personnel Policy Manual. The <br />use of sick leave shall be for reasons allowed according to the Sick Leave Policy. Prior to <br />taking unpaid FMLA leave, employees must use all but 40 hours of accrued sick/ESST leave <br />(unless use is not applicable to policy), all but 40 hours of accrued vacation leave, and all <br />compensatory time unless their medical condition/injury is covered by Worker's <br />Compensation or MN Paid Leave. <br />Additional Leave <br />Employees who cannot return from an approved FMLA leave at the end of the approved <br />leave period may request an extension up to the maximum of twelve (12) weeks allowed <br />under FMLA. If the twelve (12) FMLA weeks have already been used, the employee can <br />request General Leave. If approved, before General Leave begins the employee must use <br />any accrued sick/ESST leave, compensatory time, or vacation leave that remains. If the <br />leave is approved the employee will be required to pay the full cost of all group insurance, <br />as provided under COBRA, to continue coverage. <br />If the General Leave is not approved or the employee fails to request additional leave, the <br />employee will be considered to have voluntarily resigned. If circumstances beyond the <br />employee's control prevented the employee from requesting additional leave, a <br />retroactive leave request may be allowed, subject to the city administrator's approval. <br />FMLA - Qualified Exigency and Military Caregiver Leave <br />Qualified Exigency <br />Eligible employees (described above) whose spouse, son, daughter, or parent either has <br />been notified of an impending call or order to covered active military duty or who is <br />Page 35181 <br />Page 189 of 447 <br />