340.2003
RESOLUTION AUTHORIZING UNPAID LEAVE OF ABSENCE
FOR JOANN HICKS
RESOLUTION NO.: 340. 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Joann Hicks, Records Clerk for the Town of Queensbury, was placed on
Family Medical Leave under the Federal Family Medical Leave Act (FMLA) from December 9,
2002 through January 13, 2003, a period of five weeks, and
WHEREAS, Ms. Hicks was again placed on Family Medical Leave on June 6, 2003 and
such Family Medical Leave expires on July 25th, 2003, a period of an additional 7 weeks, and
WHEREAS, Ms. Hicks has applied for Workers’ Compensation benefits but such benefits
have not yet been approved, and
WHEREAS, Ms. Hicks has exhausted all paid leave available to her, and has also
exhausted her 12 weeks of Family Medical Leave, and
WHEREAS, Ms. Hicks has requested Town Board approval to take an additional unpaid
medical leave of absence as set forth in Warren County Civil Service Rule XIX, and
WHEREAS, Ms. Hicks has submitted medical documentation supporting a need for
additional medical leave of a currently indeterminate period, and
WHEREAS, the Town Supervisor has recommended that the Town Board grant unpaid
medical leave with an effective date of July 28, 2003 extending through the earlier of:
1.January 28, 2004;
2.Workers’ Compensation Final Determination awarding benefits; or
3.Certification of her physical qualification for return to work, documented by her
physician;
and
WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board
approval is discretionary and necessary before an employee may take such a leave, and
WHEREAS, the Town Board has carefully considered the circumstances of Ms. Hicks’
request and the Town Supervisor’s recommendations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and grants an unpaid
medical leave of absence with an effective date of July 28, 2003 extending through the earlier of:
1.January 28, 2004;
2.Workers’ Compensation Final Determination awarding benefits; or
3.Certification of her physical qualification for return to work, documented by her
physician;
and
BE IT FURTHER,
RESOLVED, that Ms. Hicks shall provide the Town with monthly status reports from her
physician regarding her ability to return to work and must notify the Town Board in writing by
December 31, 2003 of her intention to return to work or request further unpaid medical leave and
supply supporting documentation if she desires additional unpaid leave beyond January 28, 2004,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Comptroller to take any action necessary to effectuate the terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that this Resolution will not have any impact or create any inference as to
any determination of entitlement to Disability or Workers’ Compensation Benefits.
st
Duly adopted this 21 day of July, 2003, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES : None
ABSENT : None