100.2000
RESOLUTION APPROVING MEDICAL LEAVE OF ABSENCE FOR
RICHARD WHITMORE
RESOLUTION NO.: 100, 2000
INTRODUCED BY: Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Theodore Turner
WHEREAS, Richard Whitmore is employed by the Town of Queensbury (Town) Highway
Department and is a member of the Queensbury Unit of the Civil Service Employees Association, Inc.,
(CSEA), and
WHEREAS, Mr. Whitmore suffered a work-related injury before he was employed by the
Town and Worker’s Compensation for that injury is the responsibility of his prior employer, and
WHEREAS, Mr. Whitmore has been employed by the Town of Queensbury for one year and
has now accumulated two weeks of paid vacation, and
WHEREAS, by virtue of Mr. Whitmore’s one year of employment, he is entitled to invoke the
protections of the Family Medical Leave Act (FMLA), and
WHEREAS, Mr. Whitmore has informed the Town that he needs to undergo surgery related
to his pre-existing work injury and has advised the Town that he will receive Worker’s Compensation
Benefits from his prior employer and does not wish to use accumulated paid leave from the Town, and
WHEREAS, Article VI, Section 6 of the Collective Bargaining Agreement between the Town
and CSEA provides that the Town Board, in its discretion, may grant a request for unpaid medical
leave not in excess of ninety (90) days, and
WHEREAS, Mr. Whitmore may waive his rights under the FMLA and instead request Medical
Leave under the Collective Bargaining Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the unpaid
Medical Leave under Article VI, Section 6 of the Collective Bargaining Agreement for Richard
Whitmore for a period not in excess of ninety (90) days contingent upon Mr. Whitmore waiving his
rights under the FMLA within ten (10) days of the date of this Resolution, and
BE IT FURTHER,
RESOLVED, that consistent with the Collective Bargaining Agreement, during the period of
unpaid Medical Leave the Town will not pay any benefits to or on behalf of Mr. Whitmore, but Mr.
Whitmore may continue his health insurance and/or dental coverage if he pays the entire premium while
on leave within six (6) weeks of when the cost is paid by the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town
Highway Superintendent to enter into any necessary agreements with CSEA and/or Richard Whitmore
in form approved by Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to take such other
and further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 28 day of February, 2000 by the following vote:
AYES : Mr. Brewer, Mr. Martin, Mr. Stec, Mr. Turner, Mr. Brower
NOES : None
ABSENT : None