ENACTED 10/06/1998

An ordinance amending section 3.08.010 of Metropolitan Code of Laws pertaining to the family medical leave services of the Metropolitan Employee Benefit System.

WHEREAS, the Metropolitan Employee Benefit System provides for a vested pension after a member has ten (10) years of credited employee service; and

WHEREAS, the Metropolitan Employee Benefit System provides for a benefit for a surviving spouse if the member had a minimum of ten (10) years of service at the member’s death; and

WHEREAS, Federal law now provides for family medical leave for employees that meet the FMLA criteria; and

WHEREAS, some members that take FMLA leave may have health conditions so severe that they will die prior to being able to return to work; and

WHEREAS, the Metropolitan Employee Benefit Board has determined that in such circumstances the member should receive credited service while on FMLA leave if certain conditions are met.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 3.08.010 of the Metropolitan Code of Laws is amended by adding the following language to the definition of "credited employee service" and "credited Police and Fire service":

As of January 1, 1998 any member that dies, who has taken FMLA leave within twelve (12) months of the member’s death, will receive a maximum of three (3) months’ credited service for the amount of time that the member was on approved family medical leave.

Section 2: The amendment in Section 1 shall have a retroactive application date of January 1, 1998.

Section 3: This ordinance shall become effective from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Eileen Beehan & Tim Garrett