City of Gainesville - File #: 070241.

• File #: 070241.
• Version: 11
• Name: AMENDMENT TO PERSONNEL POLICY 13, LEAVE OF ABSENCE TO PROVIDE "FMLA-LIKE" BENEFITS TO AN EMPLOYEE TO CARE FOR A REGISTERED DOMESTIC PARTNER (B)
• Type: Staff Recommendation
• Status: Passed
• File created: 11/6/2008
• In control: City Attorney
• Final action: 11/6/2008
• Title: AMENDMENT TO PERSONNEL POLICY 13, LEAVE OF ABSENCE TO PROVIDE "FMLA-LIKE" BENEFITS TO AN EMPLOYEE TO CARE FOR A REGISTERED DOMESTIC PARTNER (B)

Date	Ver.	Action By	Action	Result
11/6/2008	11	City Commission	Approved as Recommended	Pass
7/14/2008	10	City Commission	Approved as Recommended	Pass
5/20/2008	9	Equal Opportunity Committee	Approved as Recommended
4/17/2008	8	Equal Opportunity Committee	Deferred
3/20/2008	7	Equal Opportunity Committee	Continued
1/17/2008	5	Equal Opportunity Committee	Continued
12/18/2007	5	Equal Opportunity Committee	Continued
11/7/2007	4	Equal Opportunity Committee	Continued
10/10/2007	3	Equal Opportunity Committee	Continued
8/15/2007	2	Equal Opportunity Committee	Continued
7/25/2007	1	Equal Opportunity Committee	Continued
6/26/2007	0	Equal Opportunity Committee	Discussed
6/11/2007		City Commission	Referred

title
AMENDMENT TO PERSONNEL POLICY 13, LEAVE OF ABSENCE TO PROVIDE "FMLA-LIKE" BENEFITS TO AN EMPLOYEE TO CARE FOR A REGISTERED DOMESTIC PARTNER (B)

recommendation
The City Commission adopt the proposed amendment to Personnel Policy 13, effective immediately.

explanation
On July 14, 2008, the CCOM authorized adding Registered Domestic Partners to City Personnel Policies (except where legal requirements would prevent such) in all respects with an exception regarding FMLA leave equivalency. The attached amendment to personnel policy 13 provides for "Partner" leave/job protection benefits by allowing employees to take off up to 12 weeks leave (paid or unpaid depending upon individual circumstances) to care for Registered Domestic Partners. Under the FMLA, federally protected leave is available to care for spouses, but not for Registered Domestic Partners. The amendment to Policy 13 is structured such that any FMLA leave already taken would be deducted from the maximum 12 weeks "Partner" leave available to care for Registered Domestic Partners. Depending upon the timing of the leave taken, this could result in no leave available to care for Registered Domestic Partners, i.e. 12 weeks of FMLA self-care as utilized first, or could result in 12 weeks of leave to care for a Registered Domestic Partner, then followed by 12 weeks of FMLA eligible leave to care for the employee or family members or related to the birth or adoption of children.

This amendment affects those employees whose leaves of absences are not covered by collective bargaining agreement provisions. Significant rule changes to the FMLA are pending which will likely result in further changes to Policy 13 next year, once those rules become final.

The proposed amendment has been reviewed by both the Equal Opportunity Department and the Human Resources Department.

This amendment would be effective immediately and could be utilized during the remainder of the current FMLA ye...