38 with equivalent pay, benefits, and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. As with other types of unpaid leaves, paid leave will not accrue during the unpaid leave. Holidays, funeral leave, or employer's jury duty pay are not granted on unpaid leave. ELIGIBILITY REQUIREMENTS Employees are eligible for FMLA if they have worked for the City for at least 12 months, and for 1,250 hours over the previous 12 months. DEFINITION OF SERIOUS HEALTH CONDITION A serious health condition is an illness, injury, impairment, or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents a qualified family member from participating in school, or other daily activities. Subject to certain conditions, the continuing treatment requirements may be met by a period of incapacity of more than three consecutive full calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. USE OF LEAVE The maximum for FMLA leave is either 12 weeks in the 12-month period as defined by the City, or 26 weeks as explained above. The City uses the 12-month period measured forward from the first day of an employee's leave. An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the City's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the City's agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave. SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE The City requires employees to use available paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be used in compliance with the City's normal Paid Leave policies. If an employee's leave of absence does not constitute a basis for paid leave as defined in the City's paid leave policies, the employee cannot use paid leave, but can take unpaid leave. FMLA leave is without pay when the employee's paid leave benefits are exhausted. EMPLOYEE RESPONSIBILITIES Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the City's normal call-in procedures. Employees must provide sufficient information for the City to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to
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