19930928 1993-38ORDINANCE NO. 1993-38
AN ORDINANCE AMENDING SECTIONS 17-2 AND
17-12 (b)(1) OF ARTICLE I, CHAPTER 17 OF
THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, ADDING A NEW SUBSECTION 17-12
(g), RENUMBERING AND AMENDING THE
EXISTING SUBSECTION 17-12 (g), AND
RENUMBERING THE EXISTING SUBSECTIONS (h)
AND (i) OF SECTION 17-12, ARTICLE I,
CHAPTER 17 CONCERNING THE PERSONNEL
ORDINANCE DEFINITIONS, ANNUAL LEAVE,
LEAVE UNDER THE FAMILY AND MEDICAL LEAVE
ACT, LEAVE WITHOUT PAY, UNAUTHORIZED
LEAVE AND MATERNITY LEAVE.
1. BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 17-2 of Article I, Chapter 17
of the Code of the City of Fairfax is hereby amended to read
as follows:
Sec. 17-2. Definitions.
For the purposes of this chapter, unless otherwise
provided herein, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
Health care rovider. A doctor of medicine or
osteopathy who is authorized to practice medicine or surgery
by the State in which the doctor practices; podiatrists,
dentists, clinical psychologists, optometrists, and
chiropractors (provided the treatment consists of manual
manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice in the
State and performing within the scope of their practice as
defined under State law; nurse practitioners and nurse-
midwives who are authorized to practice under State law and
who are performing within the scope of their practice as
defined under State law; and, Christian Science practitioners
listed with the First Church of Christ, Scientist in Boston,
Massachusetts.
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In loco parentis. Those with day-to-day
responsibilities to care for and financially support a child
or, in the case of an employee, who had such responsibility
for the employee when the employee was a child. A bioloqica]
or leaal relationship is not necessary.
Paren======~t. For the purposes Section 17-12 (g) only, the
biological parent of an employee or an individual who stood
in loco parentis to an employee when the employee was a son
or daughter. This term does not include parents "in-law."
Serious health condition. An illness, injury,
impairment, or physical or mental condition that involves:
(a) Any period of incapacity or treatment in connection
with or consequent to inpatient care in a hospital, hospice,
or residential medical care facility;
(b) Any period of incapacity requiring absence from
work, school, or other regular daily activities, of more than
three calendar days, that also involves continuing treatment
by (or under the supervision of) a health care provider; or
(c) Continuing treatment by (or under the supervision
of) a health care provider for a chronic or long-term health
condition that is incurable or so serious that, if not
treated, would likely result in a period of incapacity of
more than three calendar days; or for prenatal care.
Son or daughter. A biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is either under age 18, or age
18 or older and "incapable of self-care because of a mental
or physical disability." For purposes of this definition:
(a) "Incapable of self-care" means that the individual
requires active assistance or supervision to provide daily
self-care in several of the "activities of daily living."
Activities of daily living include adaptive activities such
2
1993-38
as caring appropriately for one's grooming and hygiene,
bathing, dressing, eating, cooking, cleaning, shopping,
taking public transportation, paying bills, maintaining a
residence, using telephones and directories, using a post
office, etc.
(b) "Mental or physical disability" means a Dhysical or
mental impairment that "substantially limits" one or more of
the "major life activities of an individual."
(1) "Major life activities" means functions such
as caring for oneself, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.
(2) "Substantially limits" means unable to perform
a major life activity that the average person in the general
population can perform, or significantly restricted as to the
condition, manner or duration under which an individual can
perform a particular major life activity as compared to the
condition, manner, or duration under which the average person
in the general population can perform that same major life
activity.
SDouse. A husband or wife as defined or recognized
under State law for purposes of marriage, including common
law marriage.
2. BE IT FURTHER ORDAINED by the City Council of the city
of Fairfax, Virginia, that Section 17-12 (b)(1) is amended,
that a new subsection (g) is enacted, that the existing
subsection (g) is amended, and that the existing subsections
(g), (h) and (i) of Article I, Chapter 17 of the Code of the
City of Fairfax are renumbered to read as follows
Sec. 17-12. Holidays and leave.
(a) Holidays.
(b) Annual and sick leave.
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(1) Annual leave.
Except in cases of illness or emergencies, leave must be
approved in advance, and employees must provide reasonable
notice of their leave request. Employees requestinq leave
must complete an "Application for Leave" form. The minimum
leave increment is one-half (1/2) hour for employees covered
under the Fair Labor Standards Act. Due to the hours of work
in the fire and rescue services, individuals who work other
than a forty-hour schedule will take leave on a prorated
basis in accordance with administrative regulation 7-2 as may
be amended from time to time. Each full-time employee can
accrue up to three hundred (300) hours of annual leave. This
will be implemented in accordance with current administrative
regulation 7-2.
The intent of annual leave is to provide employees with
adequate time for a vacation from the work area and receive
rest and relaxation ~_~ ......... ..~ ~A~...A~-- ~ '~ ~
icavc. Substitution of annual leave for unpaid leave under
the City's FM~ leave policy shall constitute use of annual
leave.
Each employee can carry over an accrued annual leave
balance up to said maximum accrued annual leave from year to
year during continuous se~ice. The personnel department
shall transfer annual leave in excess of said maximum
annually, to the exployee's sick leave balance.
Upon separation or retirement, an employee with over six
(6) months continuous se~ice shall be paid for all accrued
annual leave as defined hereinabove in the manner set forth
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hereinafter. Up to a maximum of three hundred (300) hours
accrued annual leave shall be paid on the basis of one hour
for each hour of annual leave accrued.
¢~) Leave under the Family and Medical Leave Acl.. ~he
city grants leave under the Family and Medical Leave Act o~
~993 (FMLA) as more particularly set forth hereinafter:
An employee who has worked for the city for a total o~
~t least 12 months and has worked at least 1,250 hours oveF
the previous 12 months, shall be eliqible for leave under the
FMLA, notwithstandinq any other or contrary provision of thi~.~
chapter.
Employees eligible for FMLA leave shall be entitled t,,
~ake up to 12 weeks of job-protected leave without pay in any
twelve month period for one or more of the followin~
purposes:
(1) For the birth of a son or daughter of tho
employee, and to care for the child;
.(2) For placement of a son or dauqhter with tho
employee for adoption or foster care;
(3) To care for the employee's spouse, parent, son
or daughter with a serious health condition; and
~4) Because of a serious health condition that
makes the employee unable to perform the functions of tha
employee's job.
Married couples who are both employed by the City are
entitled to a combined total of 12 weeks of FMLA leave during
~ny 12-month period if the leave is taken:
(1) for the birth of a son or daughter of tha
~mployee, and to care for the child;
(2) for the placement of a son or dauqhter with
the employee for adoption or foster care; or
(3) to care for a parent with a serious health
condition.
1993-38
An eligible employee, in order to care for thc.
employee's spouse, son, daughter or parent with a seriou:.
health condition, or because of the employee's own serious
health condition, must use all accrued sick leave as part of
the employee's 12 week leave entitlement before taking leave
without pay. An eligible employee may use any accrued annual
leave for any FMLA qualifying purpose as part of thn
employee's 12 week leave entitlement. Leave taken by an
eligible employee under the City's Disability Leave ow
Maternity Leave policies, or short-term disability program,
for a purpose that would entitle the employee to leave unde¥
the City's FMLA Leave policy, will be counted toward thn
employee's 12 week leave entitlement.
~3+(h) Leave without pay not taken under the City's FMLA
leave policy. This section applies to leave without pay that
is not taken under subsection (g) above and the city's FMLA
leave policy. An employee may be granted leave without pay
for a period of up to one week at the discretion of the
appropriate department head. An employee may be granted leave
without pay by the city manager for a period in excess of one
week but not to exceed one year. An employee on leave
without pay during a portion of a pay period shall earn leave
with pay in proportion to the time worked during the pay
period calculated to the nearest hour. Leave without pay
shall only be granted after an employee's leave balances of
compensatory, annual and/or sick leave, as appropriate, have
been reduced to zero.
Leave without pay shall be granted only when it is in
the best interests of the city to do so. The interest of the
employee shall be considered when he has shown by his record
to be of more than average value to the city and when it is
desirable to retain the employee even at some sacrifice.
At the expiration of leave without pay, the employee
shall be reinstated in the position he vacated or in any
other vacant position in the same class.
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Credit toward annual and sick leave shall not be earned
during leave without pay, nor shall an employee be paid for
holidays while on leave without pay.
If leave without pay immediately follows or precedes a
holiday, there will be no compensation or compensatory leave
granted for the holiday.
A leave without pay shall not constitute a break in
service, unless it exceeds thirty (30) consecutive regularly
scheduled working days. At that point, a break in service
shall occur for service time credit for retirement purposes,
for qualification for benefits of life insurance and for
performance evaluation purposes. If the break in service
exceeds thirty (30) days and is during the probationary
period, the probationary period will be extended for the same
period of time as was the break in service.
Failure on the part of the emplOyee to report to work at
the expiration of leave without pay may be cause for
dismissal.
Unauthorized leave.
~-i-~¢j) Maternity leave.
3. BE IT FURTHER ORDAINED that the remaining subsections of
the sections hereby amended shall continue to read as
previously enacted.
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This ordinance shall become effective as provided by
law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
ATTEST:
Clerk
September 14, 1993
September 28. 1993
September 28~ 1993