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Mayor Megan Barry Executive Order Number 38

THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

MEGAN BARRY, MAYOR

Subject: Paid Family Leave for Metropolitan Government Employees

I, Megan Barry, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct and order the following:

I. The availability of Paid Family Leave promotes the maintenance of a solid base of innovative and capable workers and leads to savings by lowering turnover and increasing employee morale, productivity, and loyalty.

II. Policy.  It is the policy of the Metropolitan Government that full-time employees who have been employed with the Metropolitan Government for at least six months are eligible for up to thirty work days of Paid Family Leave (approximately six business weeks) for the birth or adoption of a child and/or to provide care for a spouse, parent, or child as defined by the Federal Family and Medical Leave Act (“FMLA”).

III.  Administration.  The Paid Family Leave program will be administered within the guidelines of the FMLA Policy Handbook maintained by the Metropolitan Department of Personnel and publicly available to all employees, with the following specific direction:

  1. Full-time employees who are eligible (based upon six months of continuous service) may be granted up to 30 work days of leave, designated as Paid Family Leave, for the following purposes:
    • the birth of a child to the employee and in order to care for the child;
    • the adoption of a child by the employee ; or
    • to care for the employee’s spouse, son, daughter, or parent who has a serious health condition.
  2. The leave may not be taken for the employee’s own serious health condition.
  3. For the purposes of this Executive Order, “spouse” means a husband or wife as defined or recognized in the state or place where the individual was married and includes individuals in a lawfully recognized same-sex marriage.
  4. In the case of birth or adoption, Paid Family Leave will be available starting with the date of birth, date of adoption, or date that legal custody is granted, provided that the event occurred on or after July 11, 2017.
  5. The Paid Family Leave shall run concurrently with, and be counted as, regular FMLA leave (if the employee is eligible for FMLA leave). An employee who has exhausted all FMLA leave during the current 12-month FMLA cycle will not be eligible for Paid Family Leave until the next FMLA cycle.
  6. Employee eligibility is dependent upon six months of continuous, full-time employment (32 hours per week or more). Part-time and seasonal employees are not eligible for Paid Family Leave.
  7. If an employee has purchased the optional Short Term Disability insurance offered through the Metropolitan Government, Paid Family Leave will be treated as paid sick leave so that employees may not receive paid Short Term Disability benefits and Paid Family Leave for the same time period. 
  8. A total of 30 Paid Family Leave days may be taken. Paid Family Leave commences on the first date leave is taken and must be concluded no later than 12 months from that date. Any Paid Family Leave not taken during the 12-month period just described shall not carry over to any subsequent FMLA year or need for leave. 
  9. For spouses who are both employed by Metro, as defined in the Metropolitan Department of Personnel FMLA Policy Handbook, each spouse shall be entitled to 30 days of Paid Family Leave.
  10. The Tennessee Maternity Leave Act, Tenn. Code. Ann. section 4-21-408, shall apply to Paid Family Leave. An employee may begin childbirth or bonding leave by using Paid Family Leave for 30 days and may follow such leave by using regular FMLA leave (paid or unpaid depending on their individual accrued leave balances).  The combined leave just described may not exceed 12 workweeks of leave pursuant to the FMLA. The employee may then use an additional four weeks of paid or unpaid leave, provided the employee is determined eligible to take leave under the Tennessee Maternity Leave Act. 

V.  Persons Covered. The Paid Family Leave addressed in this Executive Order is available to all unclassified employees of the Metropolitan Government except: employees of elected officials, Metropolitan Nashville Public Schools, Board of Health, Nashville Electric Service, Metropolitan Nashville Airport Authority, Metropolitan Development and Housing Agency, Metropolitan Transit Authority, Metropolitan Sports Authority, and Metropolitan Hospital Authority.  Classified employees of the Metropolitan Government may participate pursuant to the Rules and Policies of their respective Civil Service Commissions or Boards.  I hereby request that elected officials, Metropolitan Nashville Public Schools, Board of Health, Nashville Electric Service, Metropolitan Nashville Airport Authority, Metropolitan Development and Housing Agency, Metropolitan Transit Authority, Metropolitan Sports Authority, and the Metropolitan Hospital Authority consider developing a similar Paid Family Leave program for the employees under their authority.

ORDERED, EFFECTIVE AND ISSUED:

Megan Barry
Metropolitan County Mayor

Date: July 24, 2017