2019 005 ORDINANCE - Laserfiche WebLink

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opinion from an independent health care provider regarding the employee's fitness to return to ,; work with regard to the particular health condition that caused the employee's need for FMLA leave. If the opinions differ, again at the Village's expense, a third opinion may be required. if the employee wishes to return to work prior to the expiration or at the expiration of the FMLA leave of absence, notification must be given to the employee's immediate supervisor, at least five (5) working days prior to the employee's planned return. (R) RESTORATION TO EMPLOYMENT: An employee returning from FMLA leave, with the exception of those employees designated as highly compensated "key employees," is entitled to be restored to the employee's position or to a position with equivalent pay, benefits, and other terms and conditions of employment. When an employee taking leave intermittently or on a reduced leave schedule who has been transferred to an alternative position and who no longer needs to continue such leave and is able to return to full-time work, the employee must be placed in the same or equivalent job as the job s/he left when the leave commenced. The Village cannot guarantee that an employee will be returned to his or her original job. In any event, if the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. If an employee is no longer qualified for the position as a result of the leave, the employee shall be given a reasonable opportunity to fulfill those conditions upon return to work. To deny restoration to employment, the Village must be able to show that the employee would not otherwise have been employed at the time reinstatement is requested. As a condition of restoration, an employee whose FMLA leave was occasioned by the employee's own serious health condition that made the employee unable to perform the Cry' employee's job must obtain and, at the time the employee seeks restoration to employment, present a complete and sufficient fitness -for -duty certification ("fitness certification") from the employee's health care provider that the employee is able to resume work and, after being provided with the relevant designation notice, that the employee is able to perform the essential functions of their job. While the Village may contact the employee's health care provider for purposes of clarifying and authenticating the fitness certification, the Village may not delay the employee's return to work while contact with the health care provider is being made. Additionally, no second or third opinions of the fitness certification may be required. The employee is responsible for the cost of the fitness certification, and the employee is not entitled to be paid for the time or travel costs spent in acquiring the fitness certification. The Village may delay restoration to employment until the employee submits the required fitness certification unless the Village has failed to provide the required designation notice. An employee who does not provide a fitness certification or request additional FMLA leave is not entitled to reinstatement. Similarly, unless the employee provides either a fitness -for -duty certification or a new medical certification for a serious health condition at the time FMLA leave is concluded, the employee may be terminated. While the Village is not entitled to a certification of fitness to return to duty for each absence taken on an intermittent or reduced leave schedule, the Village is entitled to a fitness certification for such absences no more than once every 30 days if a reasonable safety concern exists regarding the employee's ability to perform their duties based on the serious health condition for which the employee took such leave. The Village must inform the employee at the same time it issues the designation notice that, for each subsequent instance of intermittent or reduced schedule leave, the employee will be required to submit a fitness certification unless one has already been submitted within the past 30 days. Mlle