2019 005 ORDINANCE - Laserfiche WebLink

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as soon as practicable under the particular facts and circumstances, the Village may deny continuation of FMLA leave protections until the employee produces a sufficient recertification. If the employee never produces the recertification, the leave is not FMLA leave. (L) NOTICE OF ELIGIBILITY: When an employee requests FMLA leave, or when the Village acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the Village must notify the employee either orally or in writing, and within 5 business days absent extenuating circumstances, of whether the employee is eligible to take FMLA leave. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible. Employee eligibility is determined, and notice must be provided, at the commencement of the first instance of leave for each FMLA-qualifying reason in the applicable 12 -month period. If, at the time an employee provides notice of a subsequent need for FMLA leave during the applicable 12 -month period due to a different FMLA-qualifying reason, and the employee's eligibility status has not changed, no additional eligibility notice is required. However, if the employee's eligibility status has changed, the Village must notify the employee of the change in eligibility status within five business days, absent extenuating circumstances. Such notice may be accomplished electronically. (M) NOTICE OF RIGHTS & RESPONSIBILITIES: Similar to the notice of eligibility, the Village must also provide written notice of the specific expectations and obligations of the employee regarding leave, explaining any consequences of a failure to meet these obligations. The notice should be mailed to the employee's address of record if leave has already begun. If the specific information provided by the notice of rights and responsibilities changes, the Village must, within five business days of receipt of the employee's first notice of need for leave subsequent to any change, provide written notice referencing the prior notice and setting forth any of the information in the notice of rights and responsibilities that has changed. (1) NOTICE OF DESIGNATION: The Village is responsible for designating leave as FMLA-qualifying. Once the Village has enough information to determine whether the leave is or is not being taken for a FMLA-qualifying reason, the Village must notify the employee whether the leave will be designated and will be counted as FMLA leave within five business days absent extenuating circumstances. The Village must provide written notice of any changes in the information contained in the designation within five business days of receipt of the employee's first notice of need for leave subsequent to any change. If paid leave is required to be substituted for unpaid FMLA leave, or paid leave taken under an existing leave plan is required to be counted as FMLA leave, the Village must inform the employee of this designation in writing at the time of designating the FMLA leave. The Village must also notify the employee of the amount of leave counted against the employee's FMLA leave entitlement. if the amount of leave needed is known at the time the Village designates the leave as FMLA-qualifying, the Village must notify the employee of the number of hours, days, or weeks that will be counted against the employee's FMLA leave entitlement in the designation notice. If the amount of leave needed is not know, then the Village must provide notice of the amount of leave counted against the employee's FMLA leave entitlement upon the request by the employee, but no more often than once in a 30 -day period and only if leave was taken in that period. The notice of the amount of leave counted against the employee's FMLA entitlement may be either in writing or oral and later confirmed in writing, no later than the following payday (unless the payday is less than one week after the oral notice, in which case the notice must be no later than the subsequent payday). Such written notice may be -8-