R-10-08 02/25/2008RESOLUTION R " //' .QS
A RESOLUTION TO AMMEND THE VILLAGE OF LEMONT
PERSONNEL MANUAL ADDING SECTION 5.65: FAMILY AND
MEDICAL LEAVE
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That Section 5.65: Family and Medical Leave of the Village of
Lemont Personnel Manual shall be added to read as follows:
5.65 Family and Medical Leave
Leave Eligibility
To be eligible for family and medical leave, an employee must have been employed by the
Village for at least 12 months (the 12 months need not be consecutive) and have been employed
for at least 1,250 hours of service during the 12 -month period immediately before the beginning
of the leave.
Leave Description
Eligible employees may use unpaid family and medical leave, guaranteed by the Federal Family
and Medical Leave Act, for up to a combined total of 12 weeks each year, calculated on a rolling
calendar basis.
Available paid vacation, personal, or sick leave shall be substituted for family and medical leave
necessitated by birth, adoption /foster care placement, a family member or employee's own
serious health condition. Any substitution required by this policy will count against the
employee's family and medical leave entitlement. At the discretion of the Village Administrator,
five (5) days of paid vacation may be held back for the return of the employee from leave. The
Village will pay family leave or sick leave only under the circumstances permitted by the
applicable leave plan. Use of family and medical leave shall not preclude the use of other
applicable unpaid leave plan. Use of family and medical leave shall not preclude the use of other
applicable unpaid leave that will extend the employee's leave beyond 12 weeks, provided that
the use of family and medical leave shall not serve to extend such other unpaid leave.
Family and medical leave is available in one or more of the following instances: 1) The birth and
first -year care of a son or daughter; 2) the adoption or foster placement of a child; 3) The serious
health condition of an employee's spouse parent, or child; and 4) The employee's own serious
health condition.
Employees may take an intermittent or reduced -hour family and medical leave when the reason
for the leave is 3 or 4, above, with certain limitations provided by law. Within 15 calendar days
after the Village Administrator makes a request, an employee must support a request for a
family and medical leave when the reason for the leave is 3 or 4, above, with a certificate
completed by the employee's or family member's health care provider. Failure to provide the
certification may result in a denial of the leave request. In the event the reason for leave taken is
4, above, that made the employee unable to perform the employee's job, the employee shall
obtain and present certification from the employee's health care provider that the employee is
able to resume work.. The cost of the certification shall be borne by the employee and the
employee is not entitled to be paid for the time or travel costs spent in acquiring the certification.
Said certification will not be required when the employee takes intermittent leave as described
above. If both spouses are employed by the Village, they may together take only 12 -weeks for
family and medical leaves when the reason for the leave is 1 or 2, above, or to care for a sick
parent.
Notice
If possible, employees must provide at least 30 days' notice to the Village of the date when a
leave is to begin. If 30 days' notice is not practicable, the notice must be given within 2 business
days of when the need becomes known to the employee. Employees shall provide at least verbal
notice sufficient to make the Village aware that he or she needs a family and medical leave, and
the anticipated timing and duration of the leave. Failure to give the required notice may result in
a delay in granting the requested leave until at least 30 days after the employee provides notice.
Continuation of Health Benefits
During a family and medical leave, employees are entitled to continuation of health benefits that
would have been provided if they were working. If the employee is required to pay a portion of
the premiums for health insurance, the payments will continue during the period of FMLA. Sick
leave, vacation, holiday benefits will not accrue during the FMLA leave.
Return to Work
An employee returning from a family and medical leave will be given an equivalent position to
his or her position before the leave, subject to the Village's reassignment policies and practices.
Implementing Procedures
The Village Administrator shall develop procedures to implement this policy consistent with the
federal Family and Medical Leave Act.
(Family and Medical Leave Act, 29 U.S.C. Section 2601 et seq., 29 C.F.R. Part 825.)
SECTION 2: Effective Date: This Resolution shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES
ILLINOIS on this Day of , 2008.
Debby Blatzer
Peter Coules
Brian Reaves
Clifford Miklos
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
N F. PIAZZA, Villag
HARLENE SMOLLEN, Village Clerk
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