ORD 1993-21 - Amend Personnel Policies - Family Medical Leave Act 7-27-1993WHEREAS
WHEREAS
ORDINANCE NO. 93 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL
POLICIES TO MAKE CERTAIN PROVISIONS RELATED
TO FAMILY AND MEDICAL LEAVE; AND MAKING
OTHER FINDINGS AND PROVISIONS RELATED
THERETO.
Congress has adopted the Family and Medical Leave Act of 1993; and
the U. S. Department of Labor has issued an Interim Final Rule on June 4, 1993
(29 C.F.R. § 825 et seq.); and
WHEREAS the City of Huntsville desires to comply with the federal requirements;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: The Personnel Policies of the City of Huntsville, Texas, are amended by amending
Chapter 1, Section 4 to read:
CHAPTER 1
Section 4. Dissemination.
a. All City employees shall be informed of the existence of these rules and each department
shall keep a copy available for reference by its employees.
b. At each City job center designated by the City Manager shall be located a bulletin board.
The bulletin boards are for official use only, and shall be used for communications
required by state and/or federal law or these rules and which are approved by the Human
Resources Division.
Post: Personnel rules, medical handbook, vacancies, worker's compensation notices
(8309h § 2c), whistleblower notices (6252 -16 § 6), hazardous chemical notices, Fair
Labor Standards Act notices (29 USC 211 [c]), Disability Act notices (42 USC 12115),
Unemployment Act notices (5221b-4a), age discrimination notices (29 USC § 627), Civil
Rights Act notices (42 USC 2000e -IOa), and Family Leave and Medical Act notices.
SECTION 2: The Personnel Policies of the City of Huntsville, Texas, are amended by amending
Chapter 8, Section 7 to read:
CHAPTER 8
Section 7. Health and Accident Benefits; Retirement.
Eligible employees who work more than 30 hours per week in budgeted permanent positions shall
receive health, accident and retirement benefits as prescribed in the applicable programs. Part -
time employees shall not participate in such programs.
Dependents covered by the City's medical plan are entitled to continue medical coverage for up
to 36 months if they are:
a. the surviving spouse and/or children of a deceased employee;
b. a separated or divorced spouse and/or children of a covered employee; or
c. losing coverage because of age.
Employees and/or their dependents covered by the City's medical plan are entitled to continue
medical coverage for up to 18 months if the employee's medical benefits are terminated because
of
a. reduction of hours worked or layoff,
b. resignation; or
c. termination due to conduct other than gross misconduct.
Individuals eligible for continuation of coverage must elect to continue coverage within 60 days
of the event otherwise terminating coverage and must pay for the coverage monthly.
The City may terminate coverage prior to the applicable 18 or 36 month extension if
a. the City terminates its health plan for all employees;
b. the person fails to pay the monthly premium; or
c. the person becomes covered by another health plan or medicare.
See 42 U.S.C. § 300 bb -1.
SECTION 3: The Personnel Policies of the City of Huntsville, Texas, are amended by amending
Chapter 9, by the addition of a new Section 4 which shall read as follows:
CHAPTER 9
Section 4. Unpaid Family and medical leave.
a. An employee is eligible for family and medical leave under this section only if the
employee has worked at least 12 months and 1250 hours for the City in the year prior to
the application for unpaid family and medical leave.
b. After an employee uses all accrued holiday, sick and vacation leave, an eligible employee
shall be entitled to additional unpaid family and medical leave up to a total of twelve (12)
weeks (combined paid and unpaid) per year for birth or adoption of a child, or to care
for a spouse or immediate family member, or to recover from a serious health condition
which renders the employee unable to work. Family and medical leave shall include any
paid holiday, sick or vacation leave (under Sections 1, 2 or 3 above) used by an employee
due to a serious health condition of the employee or the employee's immediate family.
c. An employee shall schedule foreseeable family and medical leave so as not to unduly
disrupt City operations. Generally, the employee shall give the City thirty (30) days
advance written notice, or written notice as soon as practicable upon discovery of the
serious health condition.
d. An employee may take only twelve (12) weeks of family and medical leave per year
measured backward from the date the leave is used; provided, however, an employee may
seek authorized leave without pay.
e. If two or more family members work for the City, the combined or total family and
medical leave benefit (including holiday, sick and vacation leave) for all family members
shall be twelve (12) weeks.
f During the unpaid family and medical leave period, the City and employee shall share the
cost of the health plan premium in the manner customarily used. If the employee does
not return for any reason other than the continued serious health condition of the
employee or the employee's immediate family, then the City shall deduct from the sums
owed to the employee upon separation the City's cost of the group health insurance
premium.
g.
The employee 's supervisor may require the employee to provide a medical certification
by a health care provider, and recertification on a reasonable basis, of the employee's or
employee's immediate family member's serious health condition. If the employee fails to
provide the requested certification within fifteen (15) days of a request, the City shall deny
the family and medical leave.
h. This section shall be interpreted so as to comply only with the minimum benefits required
by the Family Leave and Medical Act of 1993.
[Renumber existing Chapter 9, section 4 -9 as section 5 -10]
SECTION 5: This ordinance shall take effect August 5, 1993.
PAS ED by the City Council of the City of Huntsville, Texas on this the c 7 day of
, 1993.
CITY OF HUNTSVILLE, TEXAS
ATTEST:
Danna Welter, City Secretary
Scott Bounds, City Attorney
r
W. H. Hodges, Mayor