Number
211883
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to employee wages, benefits, and regulations.
Section
350-45-1 am
350-45-3-c am
350-45-3-d am
350-45-4-c am
Analysis
Under this ordinance, any individual who has exhausted all accrued time-off and is suffering from, or is taking care of an immediate family member who is suffering from, a serious health condition as defined under the federal family and medical leave act and is unable to work full-time is eligible for income protection through the accrued time-off donor program.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-45-1 of the code is amended to read:
350-45. Accrued Time-Off Donor Program.
1. ESTABLISHED. There is established a city-wide [[catastrophic illness leave donation]] >>accrued time-off donor<< program administered by the department of employee relations to provide income protection to eligible employees who have exhausted all accrued time off and are suffering from a [[terminal or major catastrophic illness]] >>serious health condition as defined under the federal family and medical leave act<< and are unable to work full-time or to eligible employees who have exhausted all accrued time-off with immediate family members who are suffering from a [[terminal or major catastrophic illness]] >>serious health condition as defined under the federal family and medical leave act<<. “Immediate family” in this section means a spouse, registered domestic partner as provided in s. 350-245, child or stepchild.
Part 2. Section 350-45-3-c and d of the code is amended to read:
3. RECIPIENTS’ ELIGIBILITY CRITERIA AND RULES.
c. The employee, or his or her authorized agent, shall be responsible for completing the applications and obtaining a physician's statement certifying that the employee or the employee’s immediate family member is suffering from a [[terminal or major catastrophic illness]] >>serious health condition as defined under the federal family and medical leave act<< that meets the program's medical requirements.
d. No determination regarding eligibility to receive donated time-off shall be made until the department of employee relations has received a completed application and physician's statement certifying that the employee or employee’s immediate family member is suffering from a [[terminal or major catastrophic illness]] >>serious health condition as defined under the federal family and medical leave act or the applicable family and medical leave act certification establishing the employee or employee’s immediate family member suffers from a serious health condition as defined under the federal family and medical leave act<<. An employee shall not be eligible to receive donated time-off unless and until he or she has exhausted all of his or her own accrued time-off. Although the decision of the department of employee relations respecting eligibility shall be final, employees who are denied this benefit shall be entitled to a written explanation as to why they did not qualify for participation in the program.
Part 3. Section 350-45-4-c of the code is amended to read:
4. PARTICIPATION BY EMPLOYEE UNIONS.
c. This program shall constitute the sole means by which employees may donate and receive time-off in cases of [[terminal or major catastrophic illness]] >>serious health condition as defined under the federal family and medical leave act<<.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date: _____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Employee Relations
Drafter
LRB177340-2
Tea Norfolk
4/7/2022