(A) The city shall comply with all regulations as described in the Family and Medical Leave Act (FMLA) of 1993 including all subsequent revisions. This policy serves as a general description of employee’s FMLA rights; therefore, in the event a conflict arises between this policy and applicable law, employees shall be granted all such rights allowed by law. The city shall adhere to the “General Notice Requirements” prescribed by the Department of Labor through the following actions:
(1) Posting required FMLA information explaining provisions of the Act and procedures for filing complaints of violations of the Act with the Wage and Hour Division of the Department of Labor. This information shall be posted prominently where it can be readily viewed by employees and applicants for employment; and
(2) Providing this general notice to each city employee by including the notice in the personnel policies handbook or other written guidance to employees concerning employee benefits and leave rights. The general notice may be distributed electronically as deemed appropriate by the city.
(B) Entitlement.
(1) Eligible employees are entitled to 12 weeks of unpaid FMLA leave for the following situations:
(a) The birth of a son or daughter, and to care for the newborn child;
(b) The placement with the employee of a son or daughter for adoption or foster care;
(c) To care for the employee’s spouse, son, daughter, or parent with a serious health condition; and
(d) The employee’s own serious health condition that makes the employee unable to perform the functions of one’s position.
(2) Serious Health Condition Defined. For purposes of FMLA, a “SERIOUS HEALTH CONDITION” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care (an overnight stay in a hospital, hospice, or residential medical care facility), including any period of incapacity or any subsequent treatment in connection with such inpatient care, or a condition that requires continuing care by a licensed health care provider. This policy is intended to cover illnesses of a serious and long-term nature resulting in recurring or lengthy absences.
(2) Chronic or Long-term Health Condition Defined. A “CHRONIC OR LONG-TERM HEALTH CONDITION” generally results in a period of three consecutive days of incapacity, with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity. Chronic conditions requiring periodic health care visits for treatment must take place at least twice a year.
(C) Eligibility.
(1) (a) An “ELIGIBLE EMPLOYEE” is an employee of a covered employer who:
1. Has been employed by the employer for at least 12 months; and
2. Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of leave.
(b) Separate periods of employment with the city shall be counted towards the 12-month requirement provided that the break in service does not exceed seven years, unless the separate periods of employment are due to National Guard or Reserve military service obligations or where a written agreement exists concerning the employer’s intention to rehire the employee after a break in service.
(2) Intermittent Leave or Reduced Leave Schedule. Intermittent leave or leave on a reduced leave schedule must be medically necessary due to a serious health condition or a serious injury or illness. An employee shall advise the city, upon request, of the reasons why the intermittent/reduced leave schedule is necessary and of the schedule for treatment, if applicable. The employee and the city shall attempt to work out a schedule for such leave that meets the employee’s needs without unduly disrupting the city’s operations, subject to the approval of the health care provider.
(D) Employee Notice Requirements.
(1) Foreseeable FMLA Leave.
(a) 1. An employee must provide the city at least 30 days’ advance written notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member.
2. If 30 days’ notice is not practicable, because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable - typically either the same day or the next business day of needing such leave.
3. Those employees who do not provide at least 30 days’ notice for foreseeable leave, shall be required to explain the reason(s) why such notice was not practicable under the city’s FMLA policy.
4. When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer’s operations, subject to the approval of the health care provider.
(b) Employee Failure to Provide Notice.
1. 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 employer may delay FMLA coverage until 30 days after the date the employee provides notice. The need for leave and the approximate date leave would be taken must have been clearly foreseeable to the employee 30 days in advance of the leave.
2. When the need for FMLA leave is foreseeable fewer than 30 days in advance and an employee fails to give notice as soon as practicable under the particular facts and circumstances, the extent to which an employer may delay FMLA coverage for leave depends on the facts of the particular case.
(2) Unforeseeable FMLA Leave.
(a) 1. When the approximate timing of the need for leave is not foreseeable, an employee must provide notice to the city as soon as practicable under the facts and circumstances of the particular case. It generally should be practicable for the employee to provide notice of leave that is unforeseeable within the time prescribed by the employer’s usual and customary notice requirements applicable to such leave.
2. Notice may be given by the employee’s “spokesperson” (e.g., spouse, adult family member, or other responsible party) if the employee is unable to do so personally.
(b) Employee Failure to Provide Notice. When the need for FMLA leave is unforeseeable and an employee fails to give notice in accordance with the city’s FMLA policy, the extent to which the city may delay FMLA coverage for leave depends on the facts of the particular case.
(3) Requesting FMLA Leave.
(a) When an employee seeks leave due to a FMLA-qualifying reason for which the city 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.
(b) Employees should contact their department head to secure such forms and procedures used for requesting leave under the city’s family and medical leave policy. All requests for FMLA leave must be submitted, in writing, to the department head. Department heads shall provide the Mayor with such requests. The Mayor will make a determination of approval or denial of FMLA.
(E) Employer Notice Requirements.
(1) Eligibility and Rights and Responsibilities.
(a) When an employee requests FMLA leave, or when the city acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the city must notify the employee of the employee’s eligibility to take FMLA leave within five business days, absent extenuating circumstances.
(b) Employee eligibility is determined, and notice shall be provided, at the commencement of the first instance of leave for each FMLA qualifying reason in the applicable 12-month period.
(c) The city shall use the Department of Labor form WH-381 (Notice of Eligibility and Rights & Responsibilities) to satisfy requirements under this section.
(2) Designation Notice.
(a) The employer is responsible in all circumstances for designating leave as FMLA-qualifying, and for giving notice of the designation to the employee. When the city has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the city shall notify the employee whether the leave will be designated and will be counted as FMLA leave within five business days absent extenuating circumstances.
(b) Only one notice of designation is required for each FMLA-qualifying reason per applicable 12-month period, regardless of whether the leave taken due to the qualifying reason will be a continuous block of leave or intermittent or reduced schedule leave.
(c) If the city determines that the leave will not be designated as FMLA-qualifying (e.g., if the leave is not for a reason covered by FMLA or the FMLA leave entitlement has been exhausted), the city shall notify the employee of that determination.
(d) If the City has sufficient information to designate the leave as FMLA leave immediately after receiving notice of the employee’s need for leave, the city may provide the employee with the designation notice at that time.
(e) If the information provided by the city to the employee in the designation notice changes (e.g., the employee exhausts the FMLA leave entitlement), the city shall provide, within five business days of receipt of the employee’s first notice of need for leave subsequent to any change, written notice of the change.
(f) The city shall use the Department of Labor form WH-382 (Designation Notice) to satisfy requirements under this section.
(F) Certification.
(1) (a) The city shall require that an employee’s leave to care for the employee’s covered family member with a serious health condition, or due to the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee’s position, be supported by a certification issued by the health care provider of the employee or the employee’s family member.
(b) The city shall give notice of a requirement for certification each time a certification is required. Employees shall be notified through form WH-381 (Notice of Eligibility and Rights & Responsibilities).
(c) The city shall provide an employee with the appropriate certification form at the same time the city provides an employee with from WH-381 (Notice of Eligibility and Rights & Responsibilities). The city shall use Department of Labor forms as follows: WH-380-E (Employee’s Serious Health Condition) or WH-380-F (Family Member’s Serious Health Condition).
(d) The employee must provide the requested and complete certification to the city within 15 calendar days after the city’s request.
(2) Complete and Sufficient Certification.
(a) The employee must provide a complete and sufficient certification to the city. The city shall advise an employee whenever the city finds a certification incomplete or insufficient, and shall state in writing what additional information is necessary to make the certification complete and sufficient. The employee shall have seven calendar days to fix any such deficiency.
(b) If the deficiencies specified by the city are not fixed in the resubmitted certification, the city may deny the taking of FMLA leave, in accordance with federal law.
(3) Clarification and Authentication.
(a) If an employee submits a complete and sufficient certification signed by the health care provider, the city may not request additional information from the health care provider. However, the city may contact the health care provider for purposes of clarification and authentication of the medical certification (whether initial certification or recertification) after the city has given the employee an opportunity to fix any deficiencies (see above). To make such contact, the City Clerk-Treasurer or official designated by the Mayor will be responsible for obtaining clarification and/or authentication. Under no circumstances, may the employee’s direct supervisor contact the employee’s health care provider.
(b) The city shall not ask health care providers for additional information beyond that required by the certification form. The requirements of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule must be satisfied when individually-identifiable health information of an employee is shared with the city by a HIPAA-covered health care provider.
(4) Second and Third Medical Opinion.
(a) The city reserves the right to require a second medical opinion from an independent medical provider. The city shall pay for the second opinion and shall designate a provider who is not an employee of the city. If the two opinions conflict, the city shall pay for a third opinion.
(b) The opinion of the third provider is final and binding on both the city and the employee.
(c) The city may deny FMLA leave to an employee who refuses or whose family member refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. The city shall provide the employee with a copy of second and/or third medical opinions within five business days.
(5) Recertification.
(a) The city may require an employee to report periodically during the leave period on the employee’s leave status and the employee’s intention to return to work.
(b) The city may seek recertifications for leave taken due to an employee’s own serious health condition or the serious health condition of a family member, no more than every 30 days unless the employee requests an extension of leave, circumstances described by the previous certification have changed significantly, or the city receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification.
(c) Where the employee’s need for leave due to the employee’s own serious health condition, or the serious health condition of the employee’s covered family member, lasts beyond a single leave year, the city shall require the employee to provide a new medical certification in each subsequent leave year.
(d) The employee must provide the requested recertification to the city within 15 calendar days after the employer’s request.
(6) Fitness-for-Duty Certification.
(a) The city may require a fitness-for-duty certification before an employee returns to work from FMLA leave other than intermittent leave. The city shall notify an employee in form WH-382 (Designation Notice) whether a fitness-for-duty certification shall be required.
(b) The cost of recertification shall be borne by the employee.
(c) The city may delay restoration to employment until an employee submits a required fitness-for-duty certification.
(G) Calculation of FMLA Leave.
(1) (a) For purposes of calculating employee entitlement for a subsequent FMLA leave, the “12-month period” is measured forward from the date when the employee’s previous FMLA leave began. For example, under this method an employee is entitled to 12 weeks of leave the first time FMLA leave is taken (e.g., March 7,2016); the next 12-month period would begin the first time leave is taken after completion of that 12-month period ending on (March 6, 2017).
(b) In situations where both a husband and wife work for the city and FMLA leave is requested and approved to care for a newborn child or a child newly placed for adoption or foster care, the employee(s) combined total leave is limited to 12 weeks. Such leave must be taken within 12 months from the date of birth or the date of placement.
(c) An employee shall use any earned paid leave (such as compensatory time, sick leave, vacation leave, and personal days) for any part of the 12-week period of such leave under the city’s FMLA policy. Any holiday that occurs during an FMLA leave shall be paid. Employees may retain up to one week vacation during FMLA.
(d) Accruals for benefit calculations, such as vacation, personal leave, or holiday benefits, shall not be affected by taking FMLA leave.
(2) Intermittent Leave or Reduced Leave Schedule. FMLA leave entitlement may be taken in no less than one-hour increments.
(3) Health Benefits. Any health plan, including self-insured plans, provided by the city will be continued for the employee on FMLA leave on the same terms that would have been provided if the employee had continued his or her work during the period that he or she was on approved FMLA leave. City employees are responsible for paying their share of the premium costs while on FMLA leave. If an employee chooses not to return to work for reasons other than a continuing serious health condition of the employee or the employee’s family member, or a circumstance beyond the employee’s control, the city shall require the employee to reimburse the employer the amount it paid for the employee’s health insurance premium during the leave period.
(H) Employee Reinstatement.
(1) On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee’s absence.
(2) However, the city may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate situations of intermittent leave.
(3) If the employee fails to return to work, he or she shall repay the city’s portion of the premium costs and any of the employee’s portions that were not paid by the employee during the FMLA leave.
(4) The city shall consider an employee’s failure to report to work at the end of the leave period as an employee resignation.
(I) While an employee is on FMLA leave for their own serious illness or injury, he or she shall not be engaged in outside employment.
(J) Military Family Leave Entitlements.
(1) (a) The National Defense Authorization Act for FY 2008 and 2010 (NDAA) amended the FMLA to allow eligible employees to take up to 12 weeks of job-protected leave in the applicable 12-month period for any “qualifying exigency” arising out of the covered active duty or call to covered active duty status of a spouse, son, daughter, or parent.
(b) The NDAA also amended the FMLA to allow eligible employees to take up to 26 weeks of job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness. These types of FMLA leave are known as the military family leave entitlements.
(c) This policy supplements the city’s “regular” FMLA policy and provides notice of employee rights to such leave. Except as mentioned below, an employee’s rights and obligations to military family leave are governed by the city’s “regular” FMLA policy.
(d) Military family leave runs concurrent with other leave entitlements provided under federal, state, and local law, such as Indiana military family leave under IC 22-2-13.
(2) Employee Notice Requirements.
(a) Employees seeking to use military caregiver leave must provide 30 days advance notice of the need to take such leave for planned medical treatment for a serious injury or illness of a covered servicemember. If leave is foreseeable but 30 days advance notice is not practicable, the employee must provide notice as soon as practicable - generally, either the same or next business day.
(b) An employee must provide notice of the need for foreseeable leave due to a qualifying exigency as soon as practicable.
(c) When the need for military family leave is not foreseeable, the employee must provide notice to the city as soon as practicable under the facts and circumstances of the particular case. Generally, it should be practicable to provide notice for unforeseeable leave with the time prescribed by the city’s usual and customary notice requirements. Please see division (D)(3) “Requesting FMLA Leave” above.
(3) Entitlement.
(a) Eligible employees are entitled to 12 weeks of unpaid military family leave for the following situation:
1. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces.
(b) Eligible employees are entitled to 26 weeks of paid/unpaid military family leave for the following situation:
1. To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember.
(4) Covered Active Duty Defined. The term “COVERED ACTIVE DUTY” means, in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country or international waters; and in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country or international waters under a call or order to active duty pursuant to applicable law.
(5) Covered Servicemember Defined. The term “COVERED SERVICEMEMBER” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or condition that existed before the servicemember’s active duty but was aggravated by service in the line of duty on active duty; or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury, illness, or condition that existed before the servicemember’s active duty but manifested before or after becoming a veteran, and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes such medical treatment, recuperation, or therapy. The employee’s first date of leave must occur within the five-year period; however, the employee may continue to take such leave throughout the “single 12-month period” of leave even if the leave extends beyond the five- year period.
(6) Qualifying Exigency Leave. Eligible employees may take up to a total of 12 weeks of unpaid military family leave during the normal 12-month period established by the city for FMLA leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent (the “covered military member”) is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation.
(a) Qualifying exigency leave is available to a family member of a military member in the National Guard or Reserves or a retired military member of the Regular Armed Forces or Reserve; it does not extend to family members of military members in the Regular Armed Forces.
(b) A call to active duty for purposes of leave taken because of a qualifying exigency refers to a federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States pursuant to applicable law in support of a contingency operation.
(c) Such leave may commence as soon as the military member receives the call up notice. This type of leave will be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period.
(d) Qualifying exigencies include the following:
1. A. Short-notice deployment: Issues arising from a covered military member’s short notice deployment (i.e., deployment on seven or less days of notice) for a period of seven days from the date of notification;
B. Military events and related activities: Events and activities, such as official ceremonies, programs, or events sponsored by the military or family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member;
C. Childcare and related activities: Certain childcare and related activities arising from the active duty or call to active duty status of a covered military member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or day care facility, and attending certain meetings at a school or a day care facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member;
D. Financial and legal arrangements: Making or updating financial and legal arrangements to address a covered military member’s absence;
E. Counseling: Attending counseling provided by someone other than a health care provider for oneself, the covered military member, or the child of the covered military member, the need for which arises from the active duty or call to active duty status of the covered military member;
F. Rest and recuperation: Taking up to 15 days of leave to spend time with a covered military member who is on short-term temporary, rest, and recuperation leave during deployment;
G. Post-deployment activities: Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status, and addressing issues arising from the death of a covered military member; and
H. Additional activities: Any other event that the employee and city agree is a qualifying exigency.
2. Certification.
A. The first time an employee requests leave because of a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, the city shall require the employee to provide a copy of the covered military member’s active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member’s active duty service. This information need only be provided to the city once. A copy of new active duty orders or other documentation issued by the military shall be provided to the city if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different covered military member.
B. The city shall use the Department of Labor form WH-384 (Qualifying Exigency) to satisfy requirements under this division (J)(6)(d)2.
C. The employee must provide the requested and complete certification to the city within 15 calendar days after the city’s request.
3. Verification. If an employee submits a complete and sufficient certification to support his or her request for leave because of a qualifying exigency, the city shall not request additional information from the employee. However, if the qualifying exigency involves meeting with a third party, the city shall contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. The employee’s permission is not required in order to verify meetings or appointments with third parties, but no additional information may be requested by the city. The city also shall contact the 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; no additional information may be requested and the employee’s permission is not required.
(7) Military Caregiver Leave.
(a) Eligible employees who are a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to a total of 26 weeks of unpaid military family leave during a “single 12-month period” to care for the servicemember.
(b) Eligible employees are entitled to military caregiver leave to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list.
(c) Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list.
(d) This is the only type of FMLA leave that may extend an employee’s leave entitlement beyond 12 weeks to a combined total of 26 weeks of leave for any FMLA-qualifying reason during the “single 12-month period.” However, only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered servicemember.
(e) The “single 12-month period” for leave to care for a covered servicemember with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by the employer for other types of FMLA leave.
(f) A husband and wife who are eligible for FMLA leave and are employed by the city shall be limited to a combined total of 26 weeks of leave during the “single 12-month period” if the leave is taken for birth of the employee’s son or daughter or to care for the child after birth, for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement, to care for the employee’s parent with a serious health condition, or to care for a covered servicemember with a serious injury or illness.
1. Next of Kin Defined. The “NEXT OF KIN OF A COVERED SERVICEMEMBER” is the nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of Military Caregiver leave under the FMLA.
2. Designating Leave.
A. In the case of leave that qualifies as both leave to care for a covered servicemember and leave to care for a family member with a serious health condition during the “single 12- month period,” the city shall designate such leave as leave to care for a covered servicemember in the first instance. Leave that qualifies as both leave to care for a covered servicemember and leave taken to care for a family member with a serious health condition during the “single 12-month period” will not be designated and counted as both leave to care for a covered servicemember and leave to care for a family member with a serious health condition.
B. This division (J)(7)(f)2. also applies to leave taken for other FMLA-qualifying reasons.
3. Certification.
A. When leave is taken to care for a covered servicemember with a serious injury or illness, the city shall require an employee to obtain a certification completed by an authorized health care provider of the covered servicemember.
B. The city, if appropriate, shall seek authentication and/or clarification of the certification as stated above in the city’s FMLA policy. However, second and third opinions and recertifications, as outlined above in the city’s FMLA policy, are not permitted for leave to care for a covered servicemember.
C. The city shall require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember.
D. The city shall use the Department of Labor form WH-385 (Serious Injury or Illness of Covered Servicemember) to satisfy requirements under this division (J)(7)(f).
E. The employee must provide the requested and complete certification to the city within 15 calendar days after the city’s request.
4. ITOs and ITAs Certification.
A. The city, in place of the Department of Labor form WH-385, shall accept “invitational travel orders” (“ITOs”) or “invitational travel authorizations” (“ITAs”) issued to any family member to join an injured or ill servicemember at his or her bedside as sufficient certification under this policy. An ITO or ITA is sufficient certification for the duration of time specified in the ITO or ITA.
B. During that time period, an eligible employee may take leave to care for the covered servicemember in a continuous block of time or on an intermittent basis. An eligible employee who provides an ITO or 1TA to support his or her request for leave shall not be required to provide any additional or separate certification that leave taken on an intermittent basis during the period of time specified in the ITO or ITA is medically necessary. An ITO or ITA is sufficient certification for an employee entitled to take FMLA leave to care for a covered servicemember regardless of whether the employee is named in the order or authorization.
C. If an employee will need leave to care for a covered servicemember beyond the expiration date specified in an ITO or ITA, the city shall request that the employee have an authorized health care provider complete the Department of Labor form WH-385 (Serious Injury or Illness of Covered Servicemember), as requisite certification for the remainder of the employee’s necessary leave period.
D. The city, if appropriate, shall seek authentication and/or clarification of the ITO or ITA as stated above in the city’s FMLA policy. However, second and third opinions and recertifications, as outlined above in the city’s FMLA policy, are not permitted during the period of time in which leave is supported by an ITO or ITA.
E. The city shall require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember.
F. In all instances in which certification is requested, it is the employee’s responsibility to provide the city with complete and sufficient certification and failure to do so may result in the denial of FMLA leave.
(Ord. 2018-16, passed 1-7-19)