Town Council Work Session
February 11, 2021 at 9:30 a.m.
THIS MEETING WILL BE HELD ELECTRONICALLY Please visit www.laurelpark.org for more information 1. Call to Order
2. Approval of the Agenda
3. Discussion of Paid Family Leave Policy 4. Planning Board ETJ Member Update 5. UDO Update
6. Agenda Review for the Council Meeting scheduled for February 16, 2021 – 9:30 a.m.
7. Council Updates and Information 8. Adjournment
1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda
A. January 14, 2021 Work Session Minutes B. January 19, 2021 Regular Meeting Minutes C. January 25, 2021 Special Meeting Minutes D. February 2, 2021 Special Meeting Minutes E. January Monthly Report
6. New Business
A. Bee City USA Resolution
B. Revised Jump Off Rock Planting Plan 7. Town Manager’s Report
8. Department Head Reports A. Public Works B. Fire Department C. Police
D. Administration
9. Mayor and Commissioner Comments
10. Closed Session NCGS 143-318.11(a)3 Attorney-Client Privilege 11. Adjournment
3. Paid Family Leave Policy
The Paid Family Medical Leave Policy (PMFL) would provide 8 weeks (320 hours) of leave to eligible employees who become parents or need to take time off work to care for a seriously ill family member. The eligibility requirements would remain the same as stated in the existing Family and Medical Leave Act (FMLA) policy.
The Town’s current policy allows for 12 weeks of family and medical leave per twelve months (rolling year). However, the leave is a combination of paid and unpaid. Unpaid leave is granted once the employee has exhausted all other types of paid leave such as vacation and sick time.
Attachment:
• Current Family and Medical Leave Policy • Draft Town FMLA Addendum
Suggested Motion:
Page 1 of 3 600.07 SUBJECT: FAMILY AND MEDICAL LEAVE
PURPOSE: To establish a policy for employees requesting family/medical leave of absence from employment with the Town.
STATEMENT OF POLICY: It is the policy of the Town of Laurel Park to provide procedures to cover illness of a serious and long-term nature resulting in recurring or lengthy absences by the employee.than
1. Family and Medical Leave
The Town will grant up to 12 weeks of family and medical leave per twelve months (rolling year) to eligible employees in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave may be paid (coordinated with the Town's Vacation, Sick, and
Compensatory Leave policies), unpaid, or a combination of paid and unpaid. Unpaid leave will be granted only when the employee has exhausted all appropriate types of paid leave. Additional time away from the job beyond the 12-week period may be approved in accordance with Town Policy 600.04, Leave of Absence Without Pay.
To qualify for FMLA coverage, the employee must have worked for the employer 12 months or 52 weeks; these do not have to be consecutive. However, the employee must have worked 1,250 hours during the twelve-month period immediately before the date when the FMLA time begins. Family and medical leave can be used for the following reasons:
a) the birth of a child and in order to care for that child; b) the placement of a child for adoption or foster care;
c) the care of a spouse, child, or parent with a serious health condition; d) the serious health condition of the employee; or
e) military exigency.
A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition that requires continuing care by a licensed health care provider. Generally, a chronic or long-term health condition that results in a period of incapacity for more than three days would be considered a serious health condition. If a husband and wife both work for the Town and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (not parent in-law) with a serious health condition, the husband and wife together may only take a total of 12 weeks leave under FMLA.
An employee taking leave for the birth of a child may use paid sick leave for the period of actual disability, based on medical certification. The employee shall then use all paid vacation for the remainder of the 12-week period.
The request for the use of leave must be made in writing by the employee and approved by the Department Head and Town Manager.
2. Military-Related Leave
An employee who takes leave under this policy will return to the same job or a job with
equivalent status, pay, benefits, and other employment terms. The position will be the same or one that entails substantially equivalent skill, effort, responsibility, and authority.
“Military Exigency” is a qualifying exigency arising out of the fact that the fact that the employee’s spouse, son, daughter, or parent is a military service member (National Guard or Reserve) under a call or order to federal active duty in support of a contingency operation. Qualifying events are:
a) deployment of service member with seven days or fewer notice;
b) military ceremonies and events such as family-assistance or informational programs related to the family member’s active duty or call to active duty;
c) urgent, immediate childcare or arranging for alternative childcare for the children of service members;
d) attending school or daycare meetings relating to the child of service member;
e) making financial or legal arrangements related to a family member’s active duty status or call to active duty; or
f) post-deployment activities for a period of ninety days after the termination of the service member’s active duty status.
An employee whose spouse, son, daughter, parent or next of kin is a current service member who is undergoing treatment, therapy, recuperation or outpatient treatment or has temporary disability retirement for injury or illness sustained in the line of duty is eligible for 26 weeks of leave in a single 12-month period. During a single 12-month period, the employee is eligible for a total of 26 weeks of all types of FMLA leave.
3. Certification
In order to qualify for leave under this law, the Town requires medical certification. This statement from the employee's or the family member's physician should include the date when the condition began, its expected duration, diagnosis, and brief statement of treatment. For the employee's own health condition, it should state that the employee is unable to perform the essential functions of his/her position. For a seriously-ill family member, the certification must
Page 3 of 3 600.07 This certification should be furnished at least 30 days prior to the needed leave unless the employee's or family member's condition occurs unexpectedly. The certification should be furnished as soon as possible (no longer than 15 days from the date of the employee's request). The certification and request must be made to the Department Head.
The employee is expected to return to work at the end of the time frame stated in the medical certification, unless he/she has requested additional time in writing under Administrative Policy 600.04 Leave of Absence Without Pay.
4. Retention and Continuation of Benefits
When an employee is on leave under FMLA (maximum of 12 weeks in a year), the Town will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If an employee chooses not to return to work for reasons other than a continued serious health condition, the Town will require the reimbursement of the amount paid for the employee's health insurance premium during the FMLA leave period.
Other insurance and payroll deductions are the responsibility of the employee and the employee must make those payments for continued coverage of that benefit.
An employee shall retain all unused vacation and sick leave while on leave without pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the Town's group insurance plans at his or her own expense, subject to any regulation adopted by the Commission and the regulations of the insurance carrier.
EFFECTIVE: 04/01/98 LAST REVISED: 04/16/13
APPROVAL:
MAYOR TOWN MANAGER
Proposed Policy
The following is a proposed addendum to the Town of Laurel Park’s Family and Medical Leave Policy Section 600.07.
5. Paid Family Leave Policy
The Town will provide eight (8) weeks of Paid Family Medical Leave (PFML) per twelve months to eligible employees. For the first two (2) weeks of FMLA leave Employees will be required to use their own accrued leave time (vacation or sick leave) before the PFML leave benefit begins. PFML provides paid leave benefits to eligible employees who become parents via childbirth, adoption, foster care, or other legal placement. PFL also provides benefits to employees that need to take time off work to care for a seriously ill child, parent, parent-in-law, grandparent, sibling, spouse, or domestic partner.
Employees are eligible if:
1. Employee is a full- or part-time, regular employee
2. Employee has worked for the employer for 12 months or 52 weeks. The employee must have worked 1,250 hours during the twelve-month period immediately before taking leave.
4. Planning Board ETJ Member Update
The Town of Laurel Park currently has a vacant position within the Planning Board for the ETJ representative. The Town Council received a list of every resident within the Town’s ETJ. Staff requests the Town Council discuss this issue.
Attachment(s): None
5. UDO Update
The Town’s UDO committee will provide Council an update on the status of the project. Attachment(s):
