Subject: 9924/Code/Repeal2-165/MaternityLeave Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 9924 AN ORDINANCE TO REPEAL CHATTANOOGA CITY CODE, PART II, SECTION 2-165, CONCERNING MATERNITY LEAVE, AND TO ENACT A NEW SECTION 2-165 TO ENTITLE EMPLOYEES TO TAKE REASONABLE LEAVE FOR MEDICAL REASONS, FOR THE BIRTH OR ADOPTION OF A CHILD, AND FOR THE CARE OF A CHILD, SPOUSE OR PARENT WHO HAS A SERIOUS HEALTH CONDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Chattanooga City Code, Part II, Section 2-165 be and is hereby repealed and the following substituted in lieu thereof as a new Section 2-165: Sec. 2-165. Family and Medical Leave. (a) Any employee who has been employed for at least twelve (12) months by the City as a full-time employee or who has at least 1,250 hours of service during the previous twelve (12) month period shall be eligible to take leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health condition subject to certain provisions set forth below. (b) Definitions. For the purposes of this section, the following terms and definitions shall apply: (i) Health care provider shall mean a doctor of medicine or osteopathy, podiatrist, dentist, clinical psychologist, optometrist, chiropractor, nurse practitioner and nurse midwives, insofar as they are performing within the scope of their practice under state law, and Christian science practitioner. 0C (ii) Parent shall mean the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. It shall not include parents-in-law. (iii) Reduced leave schedule shall mean a leave schedule that reduces the usual number of hours per work week, or hours per work day, of an employee. (iv) Serious health condition shall mean an illness, injury, impairment, or physical or mental condition that involves: (1) inpatient care in a hospital, hospice, or residential medical care facility (that requires an overnight stay); or (2) continuing treatment by a health care provider that requires absence from work, school, or other regular daily activity. (v) Son or daughter shall mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: (1) under eighteen (18) years of age; or (2) eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability. (vi) Spouse shall mean a husband or wife, as the case may be. (vii) Additional definitions. Except as herein defined, any term herein which has been defined in either the Family and Medical Leave Act of 1993 or in regulations promulgated by the Department of Labor in 29 Code of Federal Regulations, Part 825, as the same may be amended from time to time, shall be used to interpret this section as it is the purpose of this section to comply with said Act. (c) Any eligible employee shall be granted, upon request, up to twelve (12) work weeks unpaid leave during any twelve (12) month period for the birth or adoption of a child, for the care of a child, spouse or parent who has a serious health condition, or because the employee has a serious health condition that makes the employee unable to perform the functions of the position of such employee. Any female employee requesting leave due to pregnancy and child birth may be granted up to four (4) months leave. Nothing herein shall be deemed to limit the right of any employee to use accumulated personal leave when the employee has a serious health condition that makes the employee unable to perform the functions of the position of such employee. (d) Any employee using leave pursuant to the provisions of this section shall at the time the leave begins or as soon as the employee believes that the leave qualifies under this section explain the reasons therefor so that the City may determine that the leave qualifies under this section and properly account for same. Employees shall use accumulated personal leave until it expires and the remaining leave shall be without pay. (e) When such leave is foreseeable, the employee shall provide the City with at least thirty (30) days' written notice before the beginning of the anticipated leave, and when circumstances preclude giving thirty (30) days notice, the employee shall provide such notice as is practicable. When such leave is requested to care for a family member having a serious health condition or for treatment because of the employee's own serious health condition which is foreseeable, the employee shall: (i) make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and (ii) provide the employer with not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. (f) The City may require that request for leave be supported by a certification issued by a health care provider in a timely manner with the following information: (i) the date upon which the serious health condition commenced; (ii) probable duration of the condition; (iii) the appropriate medical facts within the knowledge of the health care provider regarding the condition; and (iv) a statement that the eligible employee is needed to care for the son, daughter, spouse or parent and an estimate of the amount of time that such employee is needed. (g) If there is any reason to doubt the validity of the certification provided, the City may require, at the expense of the City, an opinion of a second health care provider designated or approved by the City. If the second opinion differs from the first opinion, then the City may require at its expense, that the employee obtain the opinion of a third health care provider designated and approved jointly by the City and the employee. The opinion of the third health care provider shall be considered final and binding on the City and the employee. (h) The City may require that the employee obtain subsequent re-certification on a reasonable basis. (i) When an employee requests foreseeable leave for planned medical treatment on an intermittent basis and the employee will be on leave for greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, the City may require that the employee elect either to take the leave for periods of a particular duration, not to exceed the duration of the planned medical treatment or to transfer temporarily to an available alternative position offered by the City for which the employee is qualified, and that has equivalent pay and benefits and better accommodates recurring periods of leave. (j) Upon completion of the family or medical leave, the employee shall be restored to the same position of employment or an equivalent position with no loss of benefits, pay or other terms of employment. Provided, that the employee shall not accrue any time towards benefits based upon seniority nor receive credited service towards pension during a period of leave of absence without pay. (k) If both husband and wife work for the City, then the aggregate number of work weeks of leave of both spouses are entitled for birth or placement for adoption or foster care, shall be limited to twelve (12) work weeks during any twelve (12) month period. (l) The employee shall maintain health care coverage during the duration of the leave in the same manner as provided to any other employee on a paid leave of absence, subject to continuing deduction of the employee's share of health care coverage during paid leave. If the employee goes into a status of leave without pay, then to maintain health care coverage the employee shall pay the employee's share to the Benefits Division of the Department of General Services on or before the tenth day of each month. The City may recover the then applicable reasonable estimate calculated on an actuarial basis of the cost of providing health care coverage for health care that it pays under the following conditions: (i) the employee fails to return from leave after the period of leave is expired; or (ii) the employee fails to return to work for a reason other than continuation, recurrence or onset of a serious health condition or other circumstances beyond the control of the employee. SECTION 2. That this ordinance shall be effective two (2) weeks from and after its passage as provided by law. 0C PASSED on Third and Final Reading July 20, 1993. s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: July 21, 1993. s/s_________________________________ MAYOR MAM:cjc