2019 005 ORDINANCE - Laserfiche WebLink

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serious health condition of the employee's covered family member, lasts beyond a single leave year, the Village may require the employee to provide a new medical certification each subsequent leave year. If an employee submits a complete and sufficient certification signed by the health care provider, the Village, using a health care provider, a human resources professional, a leave administrator, or a management official, may contact the health care provider for purposes of clarification and authentication of the medical certification after the Village has given the employee an opportunity to cure any deficiencies. However, the Village is prohibited from asking health care providers for additional information beyond that required by the certification form. If an employee chooses not to provide the Village with authorization allowing the Village to clarify the certification with the health care provider, and does not otherwise clarify the certification, the Village may deny the taking of FMLA leave if the certification is unclear. The employee's direct supervisor is prohibited from contacting the employee's health care provider. Where the Village has reason to doubt the validity of a medical certification, the Village may require the employee to obtain a second opinion from a health care provider designated by the Village at the Village's expense. However, the selected health care provider generally should not be located outside the employee's normal commuting distance, and cannot be employed by the Village on a regular basis. Pending receipt of the medical opinion, the employee is provisionally entitled to FMLA benefits. If the certifications do not ultimately establish the employee's entitlement to FMLA leave, the leave will not be designated as FMLA leave and will be treated as paid or unpaid leave under the Village's applicable leave policies. Where the opinions of the employee's and the Village's designated health care providers differ, the Village may similarly require, at the Village's expense, the employee to obtain certification from a third health care provider designated or approved jointly by the Village and the employee. This third certification is final and binding. The Village is required to provide the employee with a copy of the second and third medical opinions, where applicable, within five (5) business days upon the employee's request unless extenuating circumstances prevent such action. The Village must reimburse an employee or employee family member for any reasonable "out of pocket" travel expenses incurred in obtaining second and third medical opinions. For purposes of leave taken to care for a covered servicemember, any one of the following health care providers may complete such a certification: 1. A United States Department of Defense ("DOD") health care provider; 2. A United States Department of Veterans Affairs ("VA") health care provider; 3. A DOD TRICARE network authorized private health care provider; or 4. A DOD non -network TRICARE authorized private health care provider. If the authorized health care provider is unable to make the relevant military -related determinations, the authorized health care provider may rely on determinations from an authorized DOD representative. While the Village may require an employee to provide confirmation of the covered family relationship to the seriously injured/ill servicemember and may seek authentication and/or clarification of the certification for leave taken pursuant to Section (C)(6), the Village is prohibited from obtaining a second or third opinion or recertification for such leave. The Village must accept "invitational travel orders" ("ITOs") or "invitational travel authorizations" ("ITAs") issued to any family member, regardless of whether the employee is IL named, to join an injured or ill servicemember at his or her bedside as sufficient certification for WON