39 THE CITY'S RESPONSIBILITIES The City will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employee's rights and responsibilities. If they are not eligible, the City will provide a reason for the ineligibility. The City will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the City determines that the leave is not FMLA-protected, the City will notify the employee. UNLAWFUL ACTS FMLA makes it unlawful for the City to: Interfere with, restrain, or deny the exercise of any right provided under FMLA. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. ENFORCEMENT An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the City. FMLA does not affect any federal or state law prohibiting discrimination, or supersede and state or local law or collective bargaining agreement which provides greater family or medical leave rights. DOMESTIC VIOLENCE LEAVE The City of Lamar will permit an employee who has been employed for twelve (12) months or more to take up to three (3) working days of unpaid leave of absence from work in any twelve-month period if the employee is the victim of domestic abuse, stalking, or sexual assault, or any crime that involves domestic violence. The time off work must be used in seeking a civil protection order, obtaining medical or mental health care for the employee or a member of the family, making the home secure from the perpetrator of the domestic abuse or seeking a new home to escape the perpetrator, or seeking legal assistance to address issues arising from the domestic violence. CONTINUATION OF BENEFITS WHILE ON A LEAVE OF ABSENCE If an employee is granted an unpaid Leave of Absence, the employee may continue group health insurance coverage through the City in conjunction with applicable Federal COBRA guidelines by making monthly payments as directed by the Human Resources Manager, for the amount of the relevant premium. FAILURE TO RETURN FROM A LEAVE OF ABSENCE If an employee fails to return from a Leave of Absence on the scheduled date, it will be considered a voluntary resignation of employment. Section 9: Healthy Family and Workplaces Act (HFWA) Paid Leave Rights (Sb 20-205 and HB 20-1415) A. Coverage: Employers with at least 16 employees are required to provide paid leave under the Healthy Families & Workplaces ACT (“HFWA”) Paid Leave Rights 1. Employees earn 1 hour of paid leave per 30 hours worked (“accrued leave”), up to 48 hours a year. 2. Up to 80 hours of supplemental leave applies in a public health emergency (PHE), until 4 weeks after the PHE ends.
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