131.2000
RESOLUTION AMENDING POLICY REGARDING FAMILY AND
MEDICAL LEAVE ACT
RESOLUTION NO.: 131. 2000
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury has adopted a Family and Medical
Leave Act (FMLA) Policy, and
WHEREAS, in accordance with Section 3, “Procedures,” of the Policy, an employee who is on
Workers’ Compensation or Disability leave may elect whether or not to use accumulated paid leave,
and
WHEREAS, it was anticipated that this Section would apply to employees injured while
working for the Town, and
WHEREAS, the current Policy could be construed to require that an employee with a pre-
existing Worker’s Compensation injury who qualifies for FMLA leave from the Town is required to
use accumulated paid leave if his or her injury is not treated as a Workers’ Compensation injury under
the Policy, and
WHEREAS, the Town Board wishes to allow an employee who is injured while working for
another employer, but is otherwise qualified under FMLA, to take FMLA leave under the same terms
and conditions as any Town employee who is out on Workers’ Compensation or disability, and
WHEREAS, the Town wishes to amend the FMLA Policy accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby amends Section 3
“Procedures” of the Town’s Policy regarding the Family and Medical Leave Act to read as follows:
Workers’ Compensation and Disability Absences – All leaves taken under
Workers’ Compensation and Disability will invoke FMLA if the employee meets
the eligibility requirements specified in this Policy. For purposes of this Section,
the term “Workers’ Compensation” shall include any injury covered by the New
York State Workers’ Compensation Act whether or not the Town of Queensbury
is the responsible employer for purposes of the Workers’ Compensation Act.
and
BE IT FURTHER,
RESOLVED, that this amendment shall be effective immediately and shall apply to
employees currently on leave who are qualified for FMLA coverage as well as employees similarly
situated in the future. Any employee affected by the amendment to the Policy who has not
invoked his or her rights under the FMLA shall have twenty (20) days from the adoption of this
Resolution to request FMLA coverage and shall be reimbursed for any health care premiums paid
by the employee which are payable by the employer under the FMLA Policy, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs
the Town Supervisor’s Office to distribute copies of the amendment of the FMLA Policy to all Town
employees and amend the Employee Handbook accordingly.
th
Duly adopted this 13 day of March, 2000 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Turner, Mr. Martin
NOES : Mr. Brower
ABSENT : None