- Purpose: The purpose of this order is to establish and communicate the Denver Sheriff Department’s (“DSD”) implementation of the Family Medical Leave Act (“FMLA” or “the Act”) and related requirements.
- Policy: It is the policy of the DSD to comply with FMLA requirements and all related federal, state, or local rules and regulations. In the event of any conflict between this policy and applicable law, employees will be afforded all rights required by law. Additional guidance on employee use of leave is contained in Department Order 1.00.2007 – Employee Use of Leave and Time Off.
- Cancelation: This order supersedes and cancels previous versions of Department Order 1.00.2009.
- Definitions:
- "Leave of Absence" is an FMLA-related leave of absence is a period of between twelve (12) and twenty-six (26) weeks that may be given to qualifying employees who have exhausted their twelve (12) weeks of protected leave under the FMLA but need additional leave for the same medical condition.
- "Family Medical Leave Act (basic provisions)" means eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period. The Family Medical Leave Act grants leave to eligible employees for their own serious health condition(s), to care for an immediate family member with a serious health condition; for qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse,
child, or parent. The Act’s provisions also require covered employers to grant leave to eligible employees after the birth, adoption or foster care placement of a child to bond with the child. (Please reference the FMLA Poster for additional information).
- "Serious Health Condition" is a serious health condition may be defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care, or chronic or long-term health condition that would result in a period of three consecutive days of incapacity, chronic conditions requiring periodic health care visits for treatment, and/or illnesses of a serious and long-term nature, resulting in recurring or lengthy absences.
- General Guidelines:
- Job and Benefits Protection:
- While an employee is on approved Family Medical Leave, the City and County of Denver 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.
- Upon return from approved FMLA, employees must be restored to their original or a substantially similar position with equivalent pay, benefits and other employment terms.
- Leave:
- Under this policy and the FMLA an employee may be eligible for up to twelve (12) weeks leave or up to twenty-six (26) weeks of military caregiver leave (to care for a covered service-member with a serious injury or illness) during a twelve (12) month period.
- The leave may be paid, unpaid, or a combination, depending on departmental policy, personal disability/medical coverage and/or leave balances.
- Eligibility: To qualify to take family or medical leave under this policy, the employee must meet all the following conditions (see also Career Service Rule 12):
- The employee must have worked for the City and County of Denver for twelve (12) months. The twelve (12) months do not need to be consecutive.
- The employee must have worked at least 1,250 hours during the twelve (12) month period immediately before the date when the leave is requested to commence.
- Type of Leave Covered: To qualify as Family Medical Leave under this policy, the employee must be taking leave for one of the reasons listed below:
- For the birth of and bonding with a newborn child of the employee (including a newborn child born into a domestic partnership or civil union).
- The placement of a child for adoption, legal guardianship or foster care and to care for the newly placed child.
- To care for a spouse, child or parent (or individual who acted as a parent to the employee) with a serious health condition, as defined in the FMLA and its corresponding regulations.
- The serious health condition of the employee.
- Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty.
- Military caregiver leave, also known as covered service-member leave, is care for an injured or ill service-member or veteran. An employee whose son, daughter, parent, or next of kin is a covered service-member may take up to twenty-six (26) weeks in a single twelve (12) month period to take care of leave to care for that service-member.
- Procedural Guidelines:
- DSD employees may use Family Medical Leave in accordance with the following guidelines listed below:
- If a DSD employee needs Family Medical Leave they must contact the Safety HR Leave Team at SafetyHRleave@denvergov.org or 720-913-6764 to request the leave. Also, refer to Department Order 1.00.2007 - Employee Use of Leave and Time Off, for additional information.
- If the employee is not eligible for FMLA, the Safety HR Leave Team will send the employee the “Notice of Eligibility and Rights & Responsibilities” and determine the type of leave applicable to the employee's situation.
- If the employee is FMLA eligible, the employee is required to provide certification or documentation for the leave request to the Safety HR Leave Team. The Safety HR Leave Team will provide an FMLA “Designation Notice” for approval or denial.
- The DSD may require an employee on approved FMLA or other leave, to report periodically to the Safety HR Leave Team on the employee’s status and intent to return to work.
- Failure to return from an approved leave of absence on the agreed upon date without an approved extension can result in job abandonment or disciplinary action, up to and including dismissal.
- An employee may not use FMLA leave while working secondary employment unless approved in advance on a case-by-case basis by the Safety HR Leave Team and the employee’s division chief. (Refer to CSA Rule 11 and Department Order 1.00.2022 – Secondary Employment).
- Accountability:
- If an employee has been absent due to their own illness/injury or an illness/injury of a family member for more than three (3) consecutive days, the employee and/or their supervisor are required to notify the Safety HR Leave Team and the DSD Scheduling Unit.
- If an employee has been hospitalized and/or not able to notify the Safety HR Leave Team, supervisors are required to notify the Safety HR Leave Team and the DSD Scheduling Unit. This will ensure consistent application of departmental orders and compliance of providing an employee’s rights to job and benefit protection under the FMLA.
- It is the responsibility of all employees to:
- Be familiar with the procedural guidelines regarding the use of FMLA and other types of leave. Refer to Department Order 1.00.2007 - Employee Use of Leave and Time Off for additional information.
- Contact the Safety HR Leave Team at SafetyHRleave@denvergov.org or 720-913-6764 if you have any questions related to leave.
- Responsibility:
- Training: The Training Academy will ensure that the curriculum of all currently existing and any newly developed classes are compliant with this order.
- Management: The division chief/unit commander or unit manager of any division or unit affected by this policy will:
- Ensure that existing procedures and all newly developed orders are in compliance with this order.
- Ensure that all affected personnel are made aware of this policy.
- Ensure this policy is reviewed annually for compliance with all federal, state, and local laws and standards.
- Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
- Staff: All employees will comply with the provisions of this policy.
- Effective Date: This order will become effective on January 9th, 2024.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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