Page 40 - Employee Handbook 1-2015 rev9

In all situations requiring medical certification as described above, the City may require
the employee to submit, at the conclusion of the FMLA leave, a fitness-for-duty statement signed
by a health care provider familiar with the employee's condition. If the employee's physical
condition ultimately renders him/her unable to return to work, a statement to that effect, signed by
a health care provider familiar with the employee's condition, may be required.

The Family and Medical Leave Act will be enforced by the Wage and Hour Division of
the U. S. Department of Labor. Specific violations of the FMLA are listed in "Your Rights and
Obligations" notice posted throughout the City's employment area.

Should you anticipate Family and Medical Leave as described above, you may contact the
Human Resources Department to discuss your rights and responsibilities. Failure to comply with
City policies regarding FMLA may result in the denial of FMLA. Under such circumstances, the
request for leave will be at the discretion of the supervisor in accordance with other applicable
leave policies.

In January, 2009, the Family Medical Leave Act was amended to add Qualifying
Exigency Leave for family members of American servicemen/women, Military Caregiver Leave
and other minimal modifications to FMLA leave issues.

An employee who is on Qualifying Exigency Leave is eligible for 12 work weeks of
leave within a “rolling” 12-month period measured backward from the date an employee uses
such leave. Exigency Leave is to be used by employees when a spouse, son, daughter, or parent
is on active military duty, or has been notified of an impending call or order to active duty, in
support of a contingency operation. Federal legislation provides such leave to a family member
of a military member in the National Guard or Reserves; it does not extend to family members of
military members in the Regular Armed Forces. Qualifying exigencies include:

 Short notice deployment
 Military events
 Childcare
 Financial and legal arrangements
 Counseling
 Up to five days during rest and recuperation leave
 Post-deployment activities for up to 90 days following termination of active duty
or death of covered military member.

Up to 26 weeks of Military Caregiver Leave is available in a single 12-month period
beginning on the first day the employee takes leave for this reason and ends 12 months later.
Military Caregiver Leave is available if an employee is the spouse, son, daughter, parent, or next
of kin of a service member on active duty who has a serious injury or illness acquired in the line
of duty that renders the service member unfit to perform his/her military duties. A covered
service member is a current member of the Armed Forces, including a member of the National
Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise
in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or

City of Winston-Salem Employee Handbook November 2014 Revision 31