Page 38 - Employee Handbook 1-2015 rev9

F. Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) gives eligible employees unpaid leave for a
period of up to 12 work weeks within 12 months for any of the reasons listed below. In the event
of an FMLA qualifying event, the City is responsible for designating leave as FMLA and
providing notice to the employee of such designation. If the employee has FMLA available and
the reason for the leave qualifies under the FMLA, the employee is required to take FMLA. If
the employee wishes to receive pay while out on FMLA, the employee has the option of using
paid leave in conjunction with unpaid FMLA. Under these circumstances, the absence will be
charged against the employee's FMLA balance and the employee's paid leave balance.

The FMLA qualifying events include:

 the birth of a son or daughter of the employee and the employee's need to care for the
child (limited to 12 months after birth);
 the placement of a child for adoption or foster care (limited to 12 months after
placement or adoption);
 the employee is needed to take care of a child (son or daughter under age 18 or over
age 18 if incapable of self-care because of a mental or physical disability), spouse or
parent with a serious health condition;
 the employee's own serious health condition which makes the employee unable to do
his or her job.

An eligible employee is entitled to 12 work weeks of FMLA leave within a “rolling” 12-
month period measured backward from the date an employee uses FMLA leave. Under this
method, each time an employee takes FMLA leave the remaining leave entitlement would be any
balance of the 12 weeks which has not been used during the immediately preceding 12 months.
For example, if an employee has taken eight weeks of leave during the past 12 months, an
additional four weeks of leave could be taken. If an employee used four weeks beginning
February 1, 2007, four weeks beginning June 1, 2007 and four weeks beginning December 1,
2007, the employee would not be entitled to any additional leave until February 1, 2008.
However, beginning on February 1, 2008, the employee would be entitled to four weeks of leave,
on June 1 the employee would be entitled to an additional four weeks, etc.

A husband and wife who are both employed by the City, and meet the eligibility
requirements are each permitted to take 12 work weeks for the qualifying reasons as stated
above. Generally, FMLA leave will be continuous. However, leave for a serious health
condition may be taken on an intermittent or reduced basis if medically necessary. In these
circumstances, the employee may, consistent with the FMLA, be transferred to a position better
suited to the FMLA leave schedule.

A "serious health condition" is an illness, injury, impairment, or physical or mental
condition that involves:

City of Winston-Salem Employee Handbook November 2014 Revision 29