247City of Anaheim Administrative Regulation
CHAPTER 2 — EMPLOYMENT PROCEDURES
Subject: Family Leave Policy A.R. 247
Issue Date: March 19, 1997
Revised: April 27, 2009
May 13, 2009
July 28, 2009
February 16, 2023
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(1) Purpose:
The purpose of this regulation is to define a uniform City policy for family leave under
the California Family Rights Act and the Federal Family and Medical Leave Act.
Basic Family Leave Entitlement
Eligible employees are entitled to a maximum of 12 weeks of leave within a 12 month
period for the birth or adoption of a child, or to care for a spouse, an immediate family
member, or designated person with a serious health condition, or the employee's own
"serious health condition".
Military Family Leave - Qualifying Exigency Entitlement
Eligible employees are entitled to a maximum of 12 weeks of leave within a 12 month
period to assist an employee's spouse, child or parent, who is a member of the National
Guard or Reserves with a "qualifying exigency" related to active duty or call to active
duty status in support of a contingency operation.
Military Family Leave - Caregiver Entitlement
Eligible employees are entitled to a maximum of 26 weeks of leave within a 12 month
period to care for a child, spouse, parent, or "next of kin" of a servicemember of the
United States Armed Forces, including a member of the National Guard or Reserves, who
has a serious injury or illness incurred in the line of active duty which may render the
servicemember medically unfit to perform his or her duties.
Leave granted under this policy may be either paid or unpaid.
Definitions:
"Eligible employee" is defined as any employee, full time or part time, who has been
continuously employed by the City for more than 12 months and has worked at least
1,250 hours in the 12 month period before the leave begins.
"Spouse" means a husband or wife as defined or recognized under California State law
for purposes of marriage.
City of Anaheim Administrative Regulation 247
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"Domestic Partner," as defined by Family Code §§ 297 and 299.2, shall have the same
meaning as "Spouse" for purposes of California Family Rights Act Leave.
"Child" is defined as a biological, adopted, foster, stepchild, legal ward, or a child of a
person in place of a parent and under age 18, or a child over 18 who is incapable of self -
care because of a mental or physical disability.
"Parent" is defined as a biological, foster, or adoptive parent, or step parent, or someone
who stood in place of a parent to any employee when the employee was a child.
"Family" is defined as an employer's child, spouse, or parent.
"Designated Person" is defined as any individual related by blood or whose association with
the employee is the equivalent of a family relationship.
"Covered Servicemember" is defined as a current member of the Armed Forces,
including a member of the National Guard or Reserves.
"Qualifying Exigency" includes attending certain military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, attending
certain counseling sessions, and attending post -deployment reintegration briefings, and
any other event that the employee and employer agree is a qualifying exigency.
"Next of Kin" is defined as a servicemember's nearest blood relative, other than the
covered servicemember's spouse, parent, son or daughter, in the following order of
priority; blood relatives who have been granted legal custody of the servicemember by
court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles,
and first cousins, unless the covered servicemember has specifically designated in
writing another blood relative as his or her nearest blood relative.
"Serious Health Condition" is defined as an illness, injury, impairment, or physical or
mental condition that involves either inpatient care in a hospital, hospice, or residential
medical care facility; or continuing treatment by a health care provider, for a condition
that prevents the employee from performing the essential functions of the employee's
job.
(2) Policy:
Where family leave is requested because of the birth or placement of a child, employees
shall be required to provide a minimum 30 days notice of their intent to take such leave.
(This notice requirement shall be waived in the event of a premature birth or other serious
health condition). Authorized maternity leave shall be included in determining the
amount of family leave available to an employee.
City of Anaheim Administrative Regulation 247
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Where family leave is requested to care for a spouse, immediate family member, or
designated person with a serious health condition, the employee is required to provide a
certification from the provider that the employee is needed to care for the designated
person, the date the condition began, and the probable duration of the condition. Where
family leave is requested for a designated person, the employee is limited to one (1)
designated person election within a 12 month period. In addition, an employee may
identify their designated person at the time the employee requests leave to care for that
designated person.
Where family leave is requested because of the employee's own serious health condition,
the City's current policies and procedures for full time employees satisfy all state and
federal requirements. Eligible part time employees who request family leave shall be
required to provide a certification from their treating health care provider that they are
disabled and unable to perform the functions of their job.
Where Military -Qualifying Exigency Family Leave is requested, employee must provide
a copy of the active duty orders and/or other documentation from the military certifying
on active duty (or has been notified of an impending call to active duty) in support of a
contingency operation.
Where Military -Caregiver Family Leave is requested by an employee to care for a
covered servicemember, the employee must provide medical certification from an
authorized health care provider of the covered servicemember in support of his or her
serious injury or illness.
(3) Procedure:
Employees shall be required to use all paid leave balances during any authorized
family leave. If no accrued leaves are available, the employee shall be placed on
leave without pay status.
Employees who return from family leave authorized under the provisions of this
Administrative Regulation shall be reinstated to the same position or an equivalent
position.
The City shall continue its contributions towards the cost of group health benefits
(medical, dental, and life insurance) under the same terms and conditions as if the
employee were on the job. Basic Family Leave and Military -Qualifying Exigency
Family Leave continuation shall be limited to no more than 12 weeks in any 12 month
period. Military -Caregiver Family Leave continuation shall be limited to no more than
26 weeks in any 12 month period. Employees shall be required to pay the full cost of
the benefits during any unpaid leave that exceeds the authorized 12 or 26 weeks period.
City of Anaheim Administrative Regulation 247
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Where appropriate, family leave may be taken on an intermittent basis to accommodate
employee's needs. In determining the amount of leave taken for the purpose of
calculating remaining eligibility, leave entitlement shall be calculated on a pro-rata basis.
(For example, if an employee who normally works a five day week takes one day per
week off on leave, only one -fifth of one week of leave has been used)
The City may deduct hourly amounts from an employee's salary when providing unpaid
leave under this Administrative Regulation without affecting the employee's
qualifications for exemption under the provisions of the Fair Labor Standards Act.
Employees on authorized family leave, whether paid or unpaid, shall be credited with
continuous service for the purpose of benefits, entitlements and seniority.
In certain rare circumstances, an application for family leave may be denied if it imposes
an undue business hardship on the operating department. Denials must be reviewed with
the Human Resources Department to ensure compliance with state and federal law
regulations.
The amount of family leave that may be taken by eligible employees shall be limited to
the following:
Under the provisions of this Administrative Regulation, Basic Family Leave and
Military -Qualifying Exigency Leave shall be limited to no more than 12 weeks in any
given 12 month period. Military -Caregiver Family Leave shall be limited to no more than
26 weeks in any given 12 month period.
Employees taking family leave in connection with pregnancy disability leave (maximum
of four (4) months), are eligible for an additional 12 weeks unpaid leave to remain home
with the child. New child bonding leave must occur within 12 months of birth,
adoption, or foster care placement. In the event both parents are employees of the City,
each parent is entitled up to 12 weeks of baby bonding leave.
Any request for family leave that is authorized during an employee absence shall reflect
an effective date when the employee last reported to work, unless appropriate medical
evidence is provided to indicate that the circumstances requiring leave began after that
date.
(4) Responsibility:
The Human Resources Department shall be responsible for ensuring that the City's
family leave program is in compliance with state and federal law, and for advising
operating departments and employees regarding their rights and responsibilities.
Attachments: None