Policy Text
Revisions or additions are highlighted 1 (04/21/2022) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: FAMILY MEDICAL LEAVE ACT (FMLA)
Index as: Active Duty Light -duty Reintegration
Covered Active Duty Military Leave Serious Health Condition
Covered Service Member Military Service Member Serious Injury or Illness
Duration (FMLA) Next of Kin Service Member, Military
Eligibility (FMLA) No-duty Telephone Reporting Unit (TRU )
Family Medical Leave Parental Leave Training Requirements
FMLA Qualifying Exigency Workers Compensation
Accreditation Standards: 22.1.2
Cross Reference: G.O. III -13, Leave Due to Illness
G.O. III -35, Military Leave and Reintegration
V.6:1, Injury Reporting/Worker s’ Compensation
City Rules a nd Regulations Section 6 -2, 6-4, 7
Section 101(a)(13)(B) of Title 10, United States Code.
Replaces : G.O. III -29, Family Medical L eave Act (FMLA) (April 10, 2020)
This Order details procedures for employees on leave under the Family Medical Leave Act (FMLA).
I. Policy
II. Definitions
III. Eligibility and Duration
IV. Procedures
V. Reintegration
I. POLICY
This O rder incorporates, by reference, the City of St. Petersburg Rules and Regulations of the Personnel Management
System with regard to the FMLA. The Family Medical Leave Act is federal law which protects an employee from suffering
negative work consequences w hen the employee is absent from work on FMLA qualified leave.
A. No portion of this Order is intended to expand, limit or revoke any right created by the FMLA.
B. The FMLA d oes not create any right to com pensation. The Act simply protects the employee ’s job i nterests while
the employee is on FMLA Leave.
C. The City ’s rules regarding leave time govern compensation due an employee.
D. The protection afforded by the FMLA shall be provided in every instance that qualified leave is taken, regardless of
whether or not the employee asks for the leave.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately III-29
Distribution: All Employees
General Order III -29
Revisions or additions are highlighted 2 (04/21/2022) E. No adverse employment action can result from an employee’s request for o r use of FMLA protected leave. Discipline
will not be issued for taking such FMLA protected leave and performance evaluations may not be adversel y affected as a
result of a n employee’s use of such leave. However , if patterns of abuse are suspected withi n the use of FMLA time, the
Department does have the right to investigate such instances and issue discipline if determined to be appropriate.
F. If an employee meets the criteria for a qualifying FMLA event, the employee’s leave will be coded as FMLA.
G. All forms required to document leave due to FMLA absences are available on the network at J:\Forms \FMLA_Injury
Reporting_Workers' Compensation \FMLA .
II. DEFINITIONS
A. Covered Active Duty – Duty during the deployment of a member of the regular Armed Forces to a foreign countr y,
and duty of a member of the R eserve component of the Armed Forces to a foreign country, under a call or order to active
duty under Section 101(a)(13)(B) of Title 10, United States Code.
B. Covered Ser vice Member – A member of the Armed Forces (including the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary disability
retired list, for a serious injury or illness; or a veteran who is undergoing medical treatment, recuperation, therapy for a
serious injury or illness , and who was a member of the Armed Forces (including the National Guard or Reserves) at any
time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment,
recuperation or therapy.
C. Next of Kin
1. The nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the
following order of priority:
a. A person who is designated, in writing, to be the service member’s nearest blood relative for purposes of
FMLA military caregiver leave;
b. Blood relatives who have been granted legal custody of the covered service member by court decree or
statutor y provisions;
c. Brothers and sisters;
d. Grandparents;
e. Aunts and uncles; and
f. First cousins.
2. If no person is designated next of kin, and there are multiple family members with the same level of relationship
to the service member, all of those family members are considered the next of kin and may be eligible to take FMLA leave,
consecutively or simultaneously.
D. Parental Leave – Provid es a full -time employee with base salary continuation for the period define in the City of St
Petersburgh Rules and Regulations 6 -4, following the birth, adoption, or foster care i ntake of the employee’s child. P arental
leave is available to both female and male employees .
E. Serious Health Condition – An illness, injury, impairment, or physical or mental condition that i nvolves inpatient care
(an overnight stay in a hospital