332.2013FLAWastewater RESOLUTION AUTHORIZING EMPLOYEE TO USE ACCUMULATED
PAID SICK LEAVE AT COMMENCEMENT OF FAMILY MEDICAL
LEAVE ACT (FMLA) PERIOD
RESOLUTION NO.: 332,2013
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury complies with applicable provisions of the Family
and Medical Leave Act (FMLA), and
WHEREAS, FMLA gives employees meeting eligibility requirements the right to a
maximum of 12 workweeks of job protected paid and/or unpaid Leave based on a rolling 12
month period, and
WHEREAS, the Town of Queensbury's Employee Handbook (Handbook) Section 505
entitled "Family and Medical Leave Act" reflects that FMLA leave may be taken intermittently
whenever medically necessary to care for a seriously ill family member or because the employee is
seriously ill and unable to work, and
WHEREAS, the Handbook further sets forth that employees are required to exhaust
accumulated paid leave (personal, vacation, compensatory) at the commencement of the FMLA
period first, with accumulated paid sick leave to be used first only if the leave is for the
employee's owrr illness, with paid leave and FMLA leave to run contemporaneously, and
WHEREAS, an employee in the Town's Wastewater Department (Employee), has
documented her entitlement to intermittent FMLA leave to care for a seriously ill family member,
and
WHEREAS, the Employee is a valuable member of the Wastewater Department and is
working with the Department Manager to minimize the impact on the Department of the use of
FMLA leave, and
WHEREAS, the Employee has accumulated a significant amount of paid sick leave and
has requested Town Board approval to use such accumulated sick leave first before the use of her
other accumulated paid leave (personal, vacation, compensatory), and
WHEREAS, the Town's Civil Engineer-Wastewater Director has recommended that the
Town Board approve the Employee's request, and
WHEREAS, the Town Board wishes to make an exception to its Handbook and allow the
Employee to use the accumulated sick leave before the use of other accumulated paid leave
(personal, vacation, compensatory) to care for the family member,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Employee referred
to in the preambles of this Resolution to use accumulated sick leave contemporaneously with
approved FMLA leave, to care for their family member, and
BE IT FURTHER,
RESOLVED, that this Resolution shall not have any precedential value in any matter
involving any other employee and the Town reasserts its right to expect its employees to fully
abide with the FMLA and Town of Queensbury's Employee Handbook, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Civil Engineer-Wastewater Director, and/or Budget Officer to take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 5 h day of August, 2013, by the following vote:
AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES None
AB SENT : None