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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