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2009-09RESOLUTION NO. 2009- 9 0 RESOLUTION FOR THE ADOPTION OF AMENDMENTS TO THE PERSONNEL MANUAL WHEREAS, on June 18, 1984 the Buffalo Grove Board of Trustees adopted personnel policies and procedures by Resolution No. 84 -43 and amended same in 1988, 1990, 1993, 1994, 1996, 1998, 2000, 2001; 2003, 2005, 2006 and 2007; and, WHEREAS, in order to reflect current trends in human resources administration, occasional amendments to the Personnel Manual are necessary; and, NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the changes to the Personnel Manual that are contained in Exhibit A attached hereto are adopted by the Village of Buffalo Grove amending the personnel policies and procedures adopted by Resolution No. 84 -43; and, BE IT FURTHER RESOLVED that the amendments hereto referenced shall be in full force effective March 9, 2009. AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None Approved March 9 72009 Attest: Village Clerk Passed March 9 , 2009 Village President E Exhibit A BUFFALO GROVE PERSONNEL MANUAL CHAPTER 13.00 SICK LEAVE Chapter 13.00 - Sick Leave Sections: 13.01 Amount 13.02 When Taken 13.03 Accrual 13.04 Medical Certificate 13.05 Light Duty 13.06 Family and Medical Leave 13.06 - Family and Medical Leave of Absence ( "FMLA ") - Effective: January 16, 2009 1. Employees that have been employed by the Village of Buffalo Grove ( "Village ") for at least twelve (12) months (with no break in service of seven (7) or more years except if related to USERRA covered military obligations) and have worked at least 1,250 hours during the 12 -month period preceding the start of the leave, are eligible for up to a total of twelve (12) workweeks of unpaid leave during any rolling twelve (12) month period for one or more of the following reasons: a. Because of the birth of the employees child and in order to care for such child (within 12 months after the birth of the child); b. Because of the placement of a child with the employee for adoption or foster care (within 12 months of the placement of the child); C. In order to care for the employees spouse, child, or parents if they have a "serious health condition;" d. Because of a "serious health condition" that makes the employee unable to perform the functions of their job; or e. Because of any "qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that the employees spouse, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation. 2. Serious Health Condition. For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; b. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1) treatment two (2) or more times (within that same period of incapacity and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); C. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; d. Chronic Conditions Requiring Treatment. A chronic condition which: requires at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; e. Permanent/Long -term Conditions Requiring Supervision. A period of incapacity which is permanent or long -term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; f. Multiple Treatments (non - chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. 3. Qualifying Exigency Leave. An eligible employee (as defined above), is entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a covered military member is on active duty or called to active duty status. The leave described in this paragraph is available during a single 12 -month rolling period, and may be taken on an intermittent or reduced leave schedule basis. Employees will be required to provide a copy of the covered military member's active duty orders or other documentation issued by the military that indicates that the military member is on active duty or call to active duty status in support of a contingency operation and the dates of the covered military member's active duty service. Employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "covered military member" means the employees spouse, son, daughter, son, or parent who is on active duty or called to active duty status. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) financial and legal arrangements; (e) counseling; 2 (f) rest and recuperation; (g) post deployment activities, including reintegration activities, for a period of 90 days following the termination of active duty status; and, (h) additional categories that are agreed to by the employer and employee within this phrase. C. The phrase "son or daughter" is defined as the employees biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when he /she was a son or daughter but it does not included "parents in law ". 4. Military Caregiver Leave. Employees that have been employed by the Village for at least twelve (12) months and have worked at least 1,250 hours during the 12 -month period preceding the start of the leave, and work at or report to a work site which has fifty (50) or more Village employees within a 75 -mile radius of that work site, and are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Service member, as defined below, are entitled to a total of twenty -six (26) workweeks of unpaid leave during a rolling 12- month period to care for the Covered Service member. The leave described in this paragraph shall only be available during a single 12 -month period beginning as of the date the leave commences and ending 12 months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Service member (or the same Service member with multiple injuries or illnesses) up to a combined total of twenty six (26) workweeks in a rolling twelve (12) month period. Nothing in this paragraph shall be construed to limit the availability of leave under paragraphs la. through le. during any other 12 -month period and this twenty six (26) week period of Military Caregiver Leave is in addition to other types of approved FMLA leave. However, an employee's total available leave time in any rolling 12 -month period may not exceed a combined total of twenty -six (26) workweeks (including FMLA time off taken for any other reason). Employees will be required to timely submit the completed paperwork provided to them and available from the Village's Human Resources Director as a condition of receiving approved Military Caregiver Leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy from an injury or illness occurring in the line of active duty and/or during active duty, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. b. "Outpatient status" means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. C. "Next of kin" means the nearest blood relative of that individual (regardless of age). An employee is required to provide confirmation of the relationship upon request. The Service member may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother /sister, grandparents, aunts /uncles, and then first cousins. d. "Serious injury or illness" means an injury or illness incurred by the Service member in the line of duty on active duty in the Armed Forces that may render the Service member medically unfit to perform the duties of the member's office, grade, rank or rating. Spouses Employed by the Village. If an employee's spouse also works for the Village and both become eligible for a leave under paragraphs la. or lb. above, or for the care of a sick parent under paragraph lc. above, the two employees together will be limited to a combined total of twelve (12) workweeks of leave in any rolling 12 -month period. In addition, if an employee and their spouse both become eligible for a leave under the Service member Family Leave provision above or under a combination of the Service member Family Leave provision and paragraphs la. through le. above, the two employees together will be limited to a combined total of twenty -six (26) workweeks of leave in any rolling 12- month period, but if the leave taken by the employee and their spouse includes leave described in paragraphs 1 a. through 1 e. above, that leave shall be limited to a combined total of twelve (12) workweeks of leave in any rolling 12 -month period. 6. Medical Certification. Any request for a leave under paragraphs 1c., 1d. or under the Service member Family Leave provision above must be supported by certification issued by the applicable health care provider. Employees are required to submit this information on the forms provided to them and available from the Director of Human Resources. Employees will be required to submit a new medical certification form for each leave year for a medical condition(s) that last longer than one year. Additionally, employees are required to submit a recertification of an ongoing condition every six (6) months in connection with an absence where the duration of the condition is described as "lifetime" or "unknown ". At its discretion, the Village may require a second medical opinion and periodic recertification to support the continuation of a leave. If the 1 st and 2nd opinions differ, a 3rd opinion can be obtained from a health care provider jointly approved by both the employee and the Village (unless the employee accepts the second opinion as determinative). 7. Intermittent Leave. If certified as medically necessary for the serious health condition of either the employee or their spouse, child or parent (Paragraphs lc and ld, above), or to care for a Covered Service member if they are a spouse, child, parent or next of kin to the Covered Service member (Paragraph 3, above), leave may be taken on an intermittent or reduced leave schedule. Intermittent leave also may be taken if employees qualify for leave because of a qualifying exigency as described in Paragraph le, above, subject to the 0 submission of a certification prescribed by the Secretary of Labor. If leave is requested on an intermittent basis, however, the Village may require that the employee transfer temporarily to an alternative position which better accommodates recurring periods of absence or to a part-time schedule, provided that the position offers equivalent pay and benefits. 8. Light Duty Work Assignments. While voluntarily performing in a light duty capacity while on FMLA leave, that time does not count against an employees 12 week FMLA allotment. In effect, an employee's right to restoration is held in abeyance during the period of time that they are performing in a light duty capacity (or until the end of the applicable 12 month FMLA leave year if longer). 9. Notification and Reporting Requirements. All requests for leaves of absence must be submitted to an employee's supervisor or the Director of Human Resources at least thirty (30) days in advance of the start of the leave, except when the leave is due to an emergency or is otherwise not foreseeable. If the leave is not foreseeable, the employee must provide notice as soon as "practicable ", which generally means either the same day or the next business day that an employee learns of the need for leave, in the absence of any unusual circumstances. A delay in submitting an FMLA leave request may result in a loss of FMLA protections and/or a delay of the start of the leave. The employee's supervisor will forward the request to the Director of Human Resources for approval. An employee must respond to the Village's questions relative to their leave request so that the Village can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If an employee is seeking leave due to an FMLA- qualifying reason for which the Village has previously granted them FMLA- protected leave, the employee must specifically reference the qualifying reason or need for FMLA leave at the time of their request to,be away from work. It is not sufficient for an employee to simply "call in sick" without providing additional information which would reasonable cause the Village to believe that their absence /time away from work may qualify as an FMLA qualifying event. In all cases in which an employee is seeking leave under this policy, they shall provide such notice to the Village consistent with the Village's established call -in procedures so long as no unusual circumstances prevent them from doing so. Failure to comply with the call -in procedures may result in a delay or denial of FMLA protected leave. An employee must make an effort to schedule a leave so as not to disrupt business operations. During the leave, an employee may be required to report periodically on their status and their intention to return to work. Any extension of time for an employee's leave of absence must be requested in writing prior to their scheduled date of return to work, together with written documentation to support the extension. An employee's failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness- for -duty releases from their health care provider before they will be permitted to return to work. An employees maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a 5 total of twelve (12) weeks in a rolling twelve month period, unless the employee is a spouse, child, parent, or next of kin on leave to care for a Covered Service member, in which case the leave may last for up to twenty -six (26) workweeks in a rolling twelve (12) month period. An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. A leave of absence will not affect the continuity of an employee's employment. An employee's original date of employment remains the same for seniority purposes. However, the employee may not accrue any benefits during the period that they are on a leave. 10. Employee Benefits During Family and Medical Leave of Absence. Employees will be permitted to maintain health and dental insurance coverage for the duration of the leave under the same conditions coverage would have been provided if they had remained actively at work. However, the employee must make arrangements for the continuation of and payment of insurance premiums before they go on leave status. If an employee does not return to work after the leave, or if they fail to pay their portion of the premiums, they will be required, under certain circumstances, to reimburse the Village for the costs and expenses associated with insuring them during the leave. 11. Return From a Family and Medical Leave. If an employee returns from leave on or before being absent for twelve (12) workweeks in a rolling twelve (12) month period or twenty -six (26) workweeks if they took a leave under the Service member Family Leave provision, they will be restored to the same or to an equivalent position to the one they held when the leave started. Of course, employees have no greater right to reinstatement or to other benefits and conditions of employment than if they had been continuously employed during the FMLA leave period. In determining whether a position is "equivalent" the Village will look at whether the position had substantially similar terms and conditions of employment and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges and status. The alternative position should be at the same worksite or a nearby worksite with a similar work schedule. However, the employee does not need to be reinstated in a position with the same job title or in the same physical office or cubicle as the prior position. If the leave was due to an employees own serious health condition, they will be required to submit a fitness - for -duty certification from their health care provider in accordance with the Village's normal policies and practices applicable to other leaves of absence, certifying that the employee is able to resume work and perform the essential functions of the job (either with or without a reasonable accommodation). A list of the essential job functions will be made available to the employee for compliance with this requirement. If a reasonable job safety concern exists, the employee may also be required to provide a fitness for duty certification up to once every 30 days before returning from an intermittent or reduced schedule FMLA leave related to the employees own serious Co health condition. Generally, a returning employee will be permitted to return to work within two (2) business days of the Village's receipt of a valid fitness for duty release. If an employee fails to return to work at the expiration of their approved Family and Medical Leave, it will be considered to be a resignation of their employment with the Village. Likewise, an employee on FMLA leave who provides notice of their intent not to return to work upon expiration of a leave will lose their entitlement to FMLA leave and related benefits. 12. Key Employees. Certain highly compensated key employees may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Village's operations. A "key" employee is a salaried Employee who is among the highest paid 10% of Employees of the Village. Employees will be notified of their status as a key employee, when applicable, after they request a Family and Medical Leave. 13. Coordination with Other Policies. An employee must substitute any accrued paid vacation days, personal time, and sick days (if they otherwise qualify) for unpaid leave under this policy, and any such paid time off must be taken concurrently with the employees Family and Medical Leave. If an employee otherwise qualifies for disability pay, they will collect it at the same time that they are on unpaid Family and Medical Leave. The Village and employee MAY agree, where state law permits, to supplement the disability plan benefits with paid leave. For example: where a disability pay plan only provides for a portion of the income replacement, the remaining unpaid portion of the leave may be charged against any earned time off benefits of the employee. Further, if an employee otherwise qualifies for any other type of leave of absence, they must take that leave at the same time as they are taking their Family and Medical Leave. All time missed from work that qualifies for both Family and Medical Leave, and for workers' compensation, will be counted toward the employees Family and Medical Leave. To receive any type of paid time off benefit while on FMLA leave, an employee is required to meet the Village's conditions for taking the paid leave (although the Village may in its discretion waive any procedural requirement for the paid leave in appropriate circumstances). 14. Anti - Retaliation Provisions. No retaliation will be taken or tolerated against any employee who exercises his/her rights under the Village's FMLA policy. If an employee feels that they have been the victim of any discrimination or retaliation under this Policy, they are encouraged to contact the Village's Director of Human Resources at (847) 459- 2549 so that the matter can be promptly investigated and remedied as appropriate.