2019 005 ORDINANCE - Laserfiche WebLink

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the duration of time specified in the ITO or ITA. During the specified time period, an eligible CW employee may take leave to care for the covered servicemember in either a continuous block of time or on an intermittent basis, and the employee may not be required to provide any additional or separate certification that such intermittent leave is medically necessary. While the Village may seek authentication and clarification of the ITO or ITA, the Village is prohibited from utilizing the second or third opinion or recertification process during the period of time specified by the ITO or ITA. (I) CERTIFICATION OF LEAVE FOR QUALIFYING EXIGENCY: A request for leave taken pursuant to Section (C)(5) must be supported by a complete and sufficient certification. The first time an employee requests leave pursuant to Section (C)(5), the Village may require the employee to provide a copy of the covered servicemember's active duty orders or other documentation issued by the military indicating that the covered servicemember is on active duty or call to active duty status in support of a contingency operation, as well as the dates of the covered servicemember's active duty service. If the qualifying exigency involves meeting with a third party, the Village may contact that third party, without the employee's permission, for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified third party. The Village may similarly contact an appropriate unit of the Department of Defense to request verification that a covered military member is on active duty or call to active duty status. When making such contact, the Village is prohibited from requesting any additional information. (J) RECERTIFICATION OF LEAVE: Generally, the Village may request recertification for leave taken pursuant to Section (C) (1), (2), (3)-(4) no more often than every thirty (30) days in IL connection with an employee's absence. However, if the minimum duration of the period of incapacity specified on the certification is more than thirty (30) days, the Village may not request recertification until that minimum duration has passed, except the employee must submit a recertification to the Village in less than 30 days where: 1. The employee requests an extension of leave; 2. The circumstances described by the previous certification have changed significantly; or 3. The Village receives information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification. The employee must provide the requested recertification to the Village within sixteen (16) calendar days after the Village's request unless it is not practicable to do so despite the employee's diligent, good faith efforts. Any such recertification shall be at the employee's expense. The Village may ask for the same information when obtaining recertification as that permitted for the original certification, and the Village can provide the health care provider with a record of the employee's absence pattern and ask the health care provider if the serious health condition and need for leave is consistent with such pattern. (I) FAILURE TO PROVIDE CERTIFICATION: In the case of foreseeable leave, if an employee fails to provide certification in a timely manner, then the Village may deny FMLA coverage until the required certification is provided. In the case of unforeseeable leave, the Village may deny FMLA coverage for the requested leave if the employee fails to provide a certification within 15 calendar days from receipt of the request for certification unless not practicable due to extenuating circumstances. If an employee fails to provide recertification within 16 calendar days after the Village request or -7-