(a) It is the policy of the Town of St. John to comply with the Family Medical Leave Act of 1993 (hereinafter referred to as "FMLA"). FMLA allows eligible employees to request and, if approved by the Town, to receive up to a total of twelve (12) weeks of unpaid leave during any twelve (12) month period for the following circumstances:

(b) Approval/denial of FMLA. In order to preserve the opportunity for a flexible scheduling of family medical leave, an employee may request the opportunity to apply paid time off (PTO) to an FMLA entitlement. The Town shall require notification of such a request at the time the employee submits written notice of his/her intended absence. The employee and his/her supervisor shall agree upon the proposed schedule and shall submit such agreement to the Town Manager for final approval. Any approved paid leave in relation to FMLA will be applied to the maximum twelve (12) weeks allowed as adopted under FMLA. In the absence of approval by the supervisor and the Town Manager, PTO may not be applied against the FMLA entitlement.

(c) FMLA on an intermittent basis. An employee may take family and medical leave on an intermittent basis or by reducing the number of hours worked if medically necessary and if the leave is taken in order to care for a family member with a serious health condition as defined above or for the employee's own serious health condition. Only upon the employer's written approval may an employee take leave intermittently or by working a reduced work week for the birth of a child or because of placement for adoption or foster care. An employee who requests intermittent leave may be temporarily transferred to another position which would better accommodate his or her absences, provided the new position has the same pay and benefits.

(d) Medical certification. The Town shall require the employee to provide a medical certification for the necessity for the leave, whether it is a continuous or intermittent leave, when an employee is on family or medical leave due to his/her serious health condition or serious health condition of a parent, child or spouse. The Town may require the employee to obtain additional medical certification at the Town's expense, including additional medical certifications and return-to-work certifications, if applicable.

(e) Insurance coverage during FMLA. While an employee is on leave as provided in the policy, all insurance coverage shall be maintained as if the employee were actively employed. If an employee pays a portion of the cost for such insurance coverage, that employee would still be responsible for his/her portion of the health insurance premium, and if the employee fails to make his/her contribution within twelve (12) weeks, health coverage will cease. Insurance coverage provided as required herein during the course of leave is not to be counted as Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage. If the employee does not return to work for the Town or returns for less than thirty (30) days, all benefit premiums paid by the employer are eligible to be recovered by the employer, as described in and allowed by the FMLA as amended from time to time, and shall be recovered from the employee.

(f) Job restoration. An employee granted leave pursuant to this policy, upon return, shall be restored to the position he/she held when he/she used family medical leave, or an equivalent position with equivalent pay, benefits, and terms of employment, without reduction in length of service. All benefits shall accrue during paid or unpaid family medical leaves and be banked accordingly for use upon reinstatement. Upon reinstatement an employee who has allowed his/her health insurance coverage to lapse will be entitled to re-enroll. Certain key employees (as defined within the FMLA) may be denied reinstatement if necessary to prevent substantial and grievous economic injury to the Town.

(g) Working while on FMLA. During a leave of absence the employee must not secure employment elsewhere if the employee is off pursuant to the provisions of the FMLA. If an employee accepts employment elsewhere during this leave, the Town may recover from the employee all costs of the insurance premium paid and the Town shall be entitled to all rights and remedies as granted by the FMLA. An employee will be required to provide a fitness for duty report prior to returning to work provided that the leave was due to his/her own serious health condition.

(h) Misrepresentation. If an employee receives and/or continues leave under the FMLA through misrepresentation or false statements his/her leave will automatically be rescinded and the appropriate discipline taken in accordance with the progressive disciplinary policy of the St. John personnel policy and procedure manual, as amended from time to time.