2019 005 ORDINANCE - Laserfiche WebLink

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If the necessity of FMLA leave is foreseeable, an employee intending to take FMLA leave because of a reason set forth in Section (C)(1)-(4) or FMLA leave for planned medical treatment under Section (C)(6) must submit an application for leave at least thirty (30) days before the leave is to begin. When the necessity for FMLA leave under Section (C)(5) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the Village as is reasonable and practicable. When the need for FMLA leave is foreseeable at least 30 days in advance and an employee fails to give timely advance notice with no reasonable excuse, the Village may delay FMLA coverage until 30 days after the date the employee provides notice. If the foreseeable leave is based upon a serious health condition, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the Village's Operations. If leave begins within thirty (30) days, an employee must give notice to his/ her immediate supervisor and the Finance Department before the leave starts. If the necessity of FMLA leave under Section C(1)-(4) or FMLA leave for planned medical treatment under Section (C)(6) is not foreseeable and thirty (30) days notice is not practicable, notice must be given as soon as practicable. If the circumstances necessitate that the employee take fewer than thirty (30) days of leave, the employee is required to provide such notice to the Village as soon as practicable. While an employee seeking leave for the first time for a FMLA-qualifying reason need not expressly assert rights under the FMLA, when an employee seeks leave due to a qualifying reason for which the Village has previously provided the employee FMLA-protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave. (E) USE OF ACCRUED PAID LEAVE: An employee will be required to concurrently use any of the employee's accrued paid leave along with FMLA leave in any situation covered by the FMLA and where the employee still has paid leave available. The employee will have seven (7) days from the Emplover's designation of FMLA time to inform the Finance Director of his/her determination to use the type or order of accrued paid leave. In the event the employee does not designate the order of accrued paid leave to the Finance Director within seven days. then Aaccrued paid leave shall be used in the following order: (1) sick leave; (2) vacation; (3) holiday; and (4) all personal leave. Shift trades cannot be used in conjunction with FMLA. An employee is required to explain the reasons for the needed leave so as to allow the Village to determine that the leave qualifies as FMLA leave. If the employee fails to explain the reasons, leave may be denied. The first day of leave shall begin the running of an employee's FMLA entitlement. Further, any additional leave taken on an intermittent basis requested after such time as the employee has been granted FMLA leave shall also be counted towards the employee's FMLA entitlement. (F) INTERMITTENT LEAVE OR REDUCED LEAVE SCHEDULE: Under certain circumstances, FMLA leave may be taken intermittently (in separate blocks of time due to a single qualifying reason) or on a reduced leave schedule (a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday, for a period of time). For intermittent leave or leave on a reduced leave schedule taken pursuant to Section (C)(3), (4) or (6), there must be a medical need for leave and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. An employee may take intermittent leave or leave on a reduced leave schedule pursuant to Section (C)(1) or (2) only -4-