§ 16-18. Family leave regulations.

A. 

Provisions; definitions.

(1) 

Pursuant to the Family and Medical Leave Act of 1993 (FMLA), which became effective August 5, 1993, employees of the Borough of Upper Saddle River who have worked for the Borough for at least 12 months and have worked at least 1,250 hours over the previous 12 months are eligible for unpaid job-protected leave of up to 12 weeks each year for family and medical reasons. An unpaid leave may be taken for the following purpose:

(a) 

The birth of an employee's child and the care of the child. This provision is applicable to both mothers and fathers.

(b) 

The placement of a child with the employee for adoption or foster care.

(c) 

The care of the employee's spouse, child or parent who has a serious health condition.

(d) 

A serious health condition that renders the employee unable to perform his job.

(2) 

Under the FMLA, a child includes biological, adopted and foster child, stepchild, legal ward or a child of a person acting in the capacity of a parent. The term "parent" includes biological parents as well as a person who acted in the capacity of a parent towards the employee. Siblings and in-laws are not covered by the act. A "serious health condition" means a mental or physical illness, injury or impairment which involves inpatient care at a medical care facility or continuing treatment by a health care provider. Additionally, an employee's serious health condition means the employee is unable to perform the functions of his job.

(3) 

It is not required that the leave be taken all at one time. Intermittent leave or reduced leave (less than 12 weeks) can be taken if the employee or a covered relative has a serious health condition, provided that intermittent or reduced leave is medically necessary. In addition, an employee with more than one qualifying event within a twelve-month period is not entitled to a separate twelve-week leave period for each event.

B. 

Procedure. The employee shall be required to submit to the Personnel Administrator a written notice that leave will be taken, indicating the amount of leave to be taken and the reason for the leave. If the leave involves illness, a medical certification shall be submitted along with the leave notice.

(1) 

Said certification shall include:

(a) 

The date on which the serious health condition commenced.

(b) 

The probable duration of the condition.

(c) 

The appropriate medical facts within the knowledge of the health care provider regarding the condition.

(d) 

Where applicable, a statement that the employee is needed to care for a covered relation and the amount of time needed to care for said person.

(2) 

Intermittent or reduced medical leave certifications shall state:

(a) 

The dates on which treatment is expected to be given and the duration of such treatment.

(b) 

A statement of the medical necessity for the intermittent or reduced leave schedule and expected duration.

(c) 

Where applicable, a statement that an intermittent or reduced leave schedule is necessary to care for a covered relation or will assist in the recovery and the expected duration and schedule of the leave.

C. 

The Borough may require subsequent recertification on a reasonable basis. Failure to provide any certification is grounds for denial of the leave. If the Borough has doubt as to the validity of the certification provided, the Borough may require, at its expense, that the employee obtain a second opinion from a health care provider selected by the Borough. If the second opinion differs from the first, a third mutually agreeable health care provider shall be selected, whose opinion shall be binding.

D. 

If the leave is foreseeable, the employee shall be required to provide at least 30 days' notice prior to the leave beginning.

E. 

The Borough has the option of requiring that an employee utilize accrued vacation, sick and personal leave time for leaves under the FMLA.