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toll ity of Report Number 13-058 4 NBRTHroN Agenda Section VI-4 Council Meeting Date March 12, 2013 the city that works for you REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Council Consideration of Revisions to Chapter One- of the City of New Brighton Employee Handbook DEPARTMENT HEAD'S APPROVAL: Schawn P. Johnson,Assistant to the City Manager CITY MANAGER'S APPROVAL: No comments to supplement this report Comments attached Recommendation: Motion by the City Council to approve revisions to Chapter One-Section 16 (Other Leaves) of the City of New Brighton Employee Handbook. Explanation: The Federal Government recently implemented changes to FMLA regulations. In order for the City to be in compliance with these regulation changes, the following modifications to the City's Employee Handbook are required by federal law per the Family Medical Leave Act. The changes that are being recommended for adoption by the City Council have been reviewed by the City's legal representatives. The changes that have been incorporated into the Family and Medical Leave Act by the federal government has changed the definition of a service member to an individual that is currently serving in the armed forces or a former service member that has been honorably discharged over the past five years. Also, the definition for 16.5 (Eligible Reasons for FMLA Leave)has been modified to include language that includes a qualifying exigency allowing an employee that has a spouse, son, daughter, or parent that is currently a member of the military on"covered active duty" access to FMLA leave. The changes to Chapter One-Section 16 will result in the adding of Section 16.7 (Definition of a Qualifying Exigency) and 16.9 (Definition of Covered Servicemember). These changes will in- turn change the numbering of the other sections in Section 16 of the Employee Handbook. The following is an overview of the recommended changes to Section 16: 16.5 Eligible Reasons for FMLA Leave An eligible employee is entitled to 12 weeks of unpaid leave during a rolling 12 month-calendar period from the date of the FMLA-qualifying event for the following reasons: • For incapacity due to pregnancy, prenatal medical care or childbirth; • To care for the employee's child after birth, or placement for adoption or foster care; • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; • For a serious health condition that makes the employee unable to perform the employee's job; 1