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(A) A grievance is a disagreement relating to working conditions, personnel rules, regulations, and transactions, or relationships between an employee and his superior or other employees.
(B) It is the policy of the village to allow all employees a fair chance to appeal a disciplinary action or any other grievance he/she feels is important enough to appeal. It is hoped that this will be used as a last resort, and that most problems can be solved though information discussion.
(C) All sworn law enforcement personnel shall be covered by rules and regulations of the Board of Fire and Police Commissioners.
(D) When an employee feels formal proceedings are necessary, he/she shall first present a grievance to his/her department head in writing, stating the grievance and the remedy sought. An employee who has a grievance shall first present his grievance to his immediate supervisor within five days of the action or incident in question. The department head should reply in writing within 15 working days of receipt of the grievance. If the employee does not feel satisfied with the department head's decision, he/she may appeal to the Village Administrator, asking him to examine the grievance. The Village Administrator's decision shall be final.
(E) An employee may also appeal a suspension or discharge in a similar way, except as noted in division (F) below. The employee must remain on suspension in either instance until a decision is rendered.
(F) The appeal of the discharge of the Village Administrator, Chief of Police, Building Commissioner, Executive Secretary, or Administrative Director of Public Works shall be appealed according to contractual arrangements between the employee and the village if a written contract exists.
(G) No reprisals are to be taken against any employee using this procedure.
(Ord. 2000-02, passed 5-17-00)
All regular full-time employees must get approval from their department heads and the Village Administrator for any secondary employment. Approval will be granted only if the employment does not impair the performance of an employee's duties and is not detrimental to the village service. All employees who are normally available for around-the-clock emergency calls must continue to be available for such duties.
(Ord. 2000-02, passed 5-17-00)
(A) All personnel records shall be maintained in the Village Administrator's offices, except for the Police Department. All appointments, transfers, promotions, demotions, terminations, sick leaves, vacation leaves, and other pertinent records shall be maintained in the file.
(B) All reviews of personnel files will be done in the presence of the employee's supervisor. An employee shall be allowed to review his personnel file twice a calendar year, or more frequently, if approved by his supervisor. Personnel records shall be kept confidential.
(Ord. 2000-02, passed 5-17-00)
(A) Prohibition on sexual harassment. It is unlawful to harass a person because of that person's sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the Village of Orland Hills to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.
(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:
SEXUAL HARASSMENT.
(a) Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
(b) Conduct which may constitute sexual harassment includes:
1. Verbal. Sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.
2. Non-verbal. Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls,” “smacking” or “kissing” noises.
3. Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
4. Physical. Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
5. Textual/ele ctronic. “Sexting” (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).
(c) The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a “reasonable person.”
(C) Procedure for reporting an allegation of sexual harassment.
(1) An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.
(2) Any employee may report conduct which is believed to be sexual harassment, including the following:
(a) Electronic/direct communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.
(b) Contact with supervisory personnel.
1. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a director of human resources, an ethics officer, the city manager or administrator, or the chief executive officer of the municipality.
2. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment.
(c) Resolution outside municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within 300 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must also be filed within 300 days.
(3) Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.
(4) All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
(D) Prohibition on retaliation for reporting sexual harassment allegations.
(1) No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee's:
(a) Disclosure or threatened disclosure of any violation of this policy;
(b) The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy; or
(c) Assistance or participation in a proceeding to enforce the provisions of this policy.
(2) For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee's involvement in protected activity pursuant to this policy.
(3) No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.
(4) Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (ILCS Ch. 5, Act 430, § 15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:
(a) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation;
(b) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other State employee; or
(c) Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(5) Pursuant to the Whistleblower Act ( ILCS Ch. 740, Act 174, § 15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation (ILCS Ch. 740, Act 174, § 15(b)).
(6) According to the Illinois Human Rights Act (ILCS Ch. 775, Act 5, § 6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
(7) An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge - either due within 300 days of the alleged retaliation.
(E) Consequences of a violation of the prohibition on sexual harassment. In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the prohibition on sexual harassment contained in ILCS Ch. 5, Act 430, § 5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, state law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a State or Federal agency.
(F) Consequences for knowingly making a false report.
(1) A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.
(2) In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
(G)
This policy was drafted using the Illinois Department of Human Rights Sexual Harassment Model Policy and has been modified to conform to Public Act 100-0554.
(H) (1) Pursuant to Ch. 5, Act 430, § 70-5, elected village officials are encouraged to promptly report claims of sexual harassment by another elected official. Every effort should be made to file such complaints as soon as possible, while facts are known and potential witnesses are available. If the elected official feels comfortable doing so, he or she should directly inform the harassing individual that the individual's conduct or communication is offensive and must stop.
(2) Elected officials should report claims of sexual harassment against a trustee to the President or the Village Clerk. If the report is made to the President, the President shall promptly notify the Village Clerk. If the President is the subject of the complaint, the Village Clerk shall notify the most senior trustee. If the report is made to the Village Clerk, the Village Clerk shall promptly notify the President. If the Village Clerk is the subject of the complaint, the President shall notify the most senior trustee. Reports of sexual harassment will be confidential to the greatest extent possible.
(3) When a complaint of sexual harassment is made against an elected official, the President shall appoint a qualified law firm that has experience in workplace investigations to conduct an independent review of the allegations. If the allegations concern the President, or the President is a witness or otherwise conflicted, the Village Clerk shall make the appointment. If the allegations concern both the President and the Village Clerk and/or they are both witnesses or otherwise conflicted, the senior most trustee shall make the appointment. The investigator shall prepare a written report and submit it to the President and Board of Trustees.
(4) If the investigator finds that the elected official that is the subject of the investigation has engaged in sexual harassment, the finding shall be forwarded to the complainant and the Illinois Department of Human Rights.
(Ord. 2017-016, passed 12-20-17; Am. Ord. 2018-013, passed 11-21-18; Am. Ord. 2020-001, passed 2-5-20)
(A) All village employees receiving health insurance coverage are entitled to continued health insurance coverage under the Federal Consolidated Omnibus Reconciliation Act (COBRA). The employee (or employee's designee) must comply with certain time periods to accept COBRA conditions (60 calendar days after the employee has been notified by the Insurance Plan Administrator). If accepted, the employee is required to pay the village 102% of what the employee's chosen insurance coverage would cost the village (100% of the cost of the coverage plus 2% for administrative costs). In the event of a 36-month qualifying event (see below), charges in the amount of 150% of the monthly premium will be assessed for the months 19 through 36.
(B) If the employee fails to pay the premium within the allotted time given to do so, if new benefits have been attained through remarriage or employment, or the group plan is dropped by the village, the employee may lose these insurance benefits.
(C) The following illustrates present COBRA conditions:
Qualifying Event | Eligible Beneficiaries | Period of Time Coverage May Continue |
Voluntary termination | Former employee and his/her spouse and dependent children | Up to 18 months |
Involuntary termination, except when resulting from gross misconduct | Former employee and his/her spouse and dependent children | Up to 18 months |
Death of an insured employee | Surviving spouse and dependent children | Up to 3 years |
Divorce and legal separation of insured employee | Former spouse and dependent children | Up to 3 years |
Dependent child whose status or dependency ceases due to reaching the age of 19 or 25, if a full-time student at an accredited college or trade school. Student status must be verifiable | Employee's dependent children | Up to 3 years |
Attainment of Medicare eligibility by insured employee | Medicare-eligible employee's spouse and dependent children | Up to 3 years |
(Ord. 2000-02, passed 5-17-00)
(A) Purpose.
(1) It is the policy of the village that the public has the right to expect all persons employed by the village to be free from drug use and alcohol abuse. All facilities owned or leased to the village and all sites where the village is performing work on its own behalf are subject to this policy.
(2) Employees are expected and required to report to work on time and in an appropriate mental and physical state for work. It is the village's intent and obligation to provide and maintain a drug and alcohol- free, healthful, safe and secure work environment.
(3) The village recognizes drug and alcohol dependency as serious health problems. The employee in need of help in dealing with such problems is encouraged to use the village's employee assistance program and/or health insurance plan, as appropriate. Conscientious efforts to seek such help will not jeopardize an employee's job, and will not be recorded in any village personnel file.
(4) All employees of the village and those contractors and subcontractors who are engaged in the performance of a contract subsidized in full or in part by a federal or state grant shall be given a copy of this policy. This policy shall also be posted outside the Village Clerk's Office at Village Hall. With the receipt of a copy of this policy, each employee agrees that, as a condition of employment with the village, the employee will abide by the terms of this policy.
(5) The following divisions are the village's rules and regulations with respect to the use of alcohol and controlled substances.
(B) Employee rules and regulations. Employees shall be subject to the following rules and regulations:
(1) An employee shall not buy, manufacture, sell, transport, purchase, possess or use controlled substances and/or alcohol during work hours on village premises or while conducting village business off- premises.
(2) An employee shall not report to work when under the influence of alcohol or controlled substances not prescribed for medical or medicinal purposes.
(3) An employee shall not use alcohol and/or drugs while in village buildings, vehicles, on village property, nor while in village uniform.
(4) An employee shall not use any alcoholic beverages or possess any open containers of alcoholic beverages on any street, sidewalk or public place within the village while on duty, except where required in the course of the employee's duties. This shall not prohibit the consumption of alcohol at village-related social or civic events. For the purposes of this section, "within the village" shall include but not be limited to streets, sidewalks, village buildings, village vehicles and village property.
(5) An employee shall be required to immediately submit to appropriate tests for the detection of alcohol and/or controlled substances when the employee's supervisor, department head or the Village Administrator has reasonable suspicion to believe that such employee is under the influence of drugs and/or alcohol.
(6) Prior to the start of a work day, an employee who is taking any medications or drugs, whether or not it is prescription or non-prescription, shall notify his/her supervisor, department head or the Village Administrator if such medication or drug may interfere with the safe and effective performance of duties or operation of village equipment.
(7) Upon request, an employee shall provide a current, valid prescription in the employee's name for any drug or medication identified in a positive test for controlled substances within 24 hours of such request.
(8) Violation of a criminal drug statute:
(a) An employee shall notify the city if he/she has been arrested and convicted of any criminal drug statute occurring in the workplace, or performing any job-related duty while not on village-owned property, no later than five days after such conviction. For the purposes of this policy, the following definitions shall apply:
1. CONVICTION shall mean a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes; and
2. CRIMINAL DRUG STATUTE shall mean a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substances.
(b) Within 30 days after receiving notice from an employee of a conviction, the village shall:
1. Impose an appropriate sanction;
2. Take appropriate personnel action against such employee, up to and including termination; and/or
3. Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, local health, law enforcement or other appropriate agency.
(9) Any employee who uses, distributes or manufactures illegal substances during his/her workday, including lunch hour or breaks, will be separated from village employment and prosecuted to the extent possible under the law.
(C) Supervisor/department head responsibilities. The supervisor/department head shall be responsible for enforcing this policy at all times, and is required to perform the following duties in conjunction with this policy:
(1) Enforce this policy at all times. Any supervisor/department head who knowingly permits a violation of this policy by any employee under his/her direct supervision shall be subject to disciplinary action.
(2) Receive at least 60 minutes of training on alcohol misuse, and receive an additional 60 minutes of training on controlled substance misuse. Training must include the physical, behavioral, speech and performance indicators of probable misuse and use of controlled substances.
(3) Request that an employee submit to a drug and/or alcohol test when reasonable suspicion exists that such employee is under the influence of drugs and/or alcohol. Reasonable suspicion exists when the supervisor/department head observes specific, contemporaneous, articulable observations concerning the following:
(a) Slurred speech;
(b) Alcohol on breath and/or body odor;
(c) Inability to walk a straight line;
(d) An accident;
(e) Possession of alcohol or drugs;
(f) Erratic operation of equipment;
(g) Observation of an employee using alcohol or drugs, or distributing such on village-owned property. (An employee suspected of having drugs or alcohol on village premises is subject to having his/her work area searched by the department head, Village Administrator, or other village officials);
(h) Overall appearance and/or behavior;
(i) Indication of chronic and withdrawal effects of controlled substances.
(4) Any supervisor/department head who determines that reasonable suspicion exists for an employee to submit to a drug and/or alcohol test must immediately notify the department head and the Village Administrator or his designee. Should the department head and/or the Village Administrator conclude that reasonable suspicion exists that an employee is impaired, testing procedures shall commence immediately. If the supervisor is unable to contact the department head and the Village Administrator within four hours, the supervisor may order the employee to submit to a drug and/or alcohol test, but the results of the test will be held by the laboratory until its release is approved by the Village Administrator.
(D) Conditions under which mandatory testing shall be conducted. Testing for alcohol and/or controlled substances shall be conducted under the following conditions:
(1) Police officers who have been certified by the state of Illinois or the Village Police Department or any employee of the village who has been certified as a Breath Alcohol Technician ("BAT") may conduct the alcohol testing of an employee at the Village Police Facility. A BAT qualified supervisor, department head or police officer who makes the determination that reasonable suspicion exists for testing an employee may not conduct the alcohol test for that employee, unless no other BAT is available to perform the test in a timely manner.
(2) Drug testing shall be conducted in a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act and that has or is capable of being accredited by the National Institute of Drug Abuse ("NIDA"). The employee's supervisor, department head or the Village Administrator shall accompany the employee to the designated testing facility.
(3) The laboratory or facility selected to conduct the test(s) must conform to NIDA standards.
(4) Chain of custody procedures shall be established for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee shall be permitted at any time to have control or sole custody of any sample.
(5) A sufficient sample of the same bodily fluid or material shall be collected from an employee to allow for initial screening, a conformity test, and a sufficient amount to be set aside and reserved for later testing, if requested by the employee.
(6) Samples are to be collected in such a manner as to preserve the individual employee's right to privacy and to also ensure a high degree of security for the sample and its freedom from adulteration.
(7) Any sample that tests positive in the initial screening for drugs shall be confirmed by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS), or an equivalent scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. Samples are tested for the following:
(a) Marijuana metabolite;
(b) Cocaine;
(c) Opiates, which includes morphine and codeine;
(d) Phencyclidine;
(e) Amphetamines.
(8) The employee whose test results are positive shall be provided with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee's own choosing, and at the employee's own expense, in accordance with federal procedures, provided the employee notifies the Village Administrator within 24 hours of receiving the test results, and provided that the clinical laboratory or hospital facility selected to perform the testing meets the criteria set forth above.
(9) In regard to alcohol testing, an employee who has a confirmed test result showing an alcohol concentration level of 0.04 or greater shall be considered to have tested positive for alcohol. This standard does not preclude the village from removing an employee who has a confirmed alcohol concentration level of 0.02 or greater from his/her job- related duties, including the operation of village-owned equipment.
(E) Effect of positive tests for alcohol and/or controlled substances. An employee who tests positive for alcohol and/or controlled substances shall be subject to the following:
(1) An employee who has a confirmation test alcohol concentration of 0.02 or greater shall be immediately removed from his/her job-related duties for 24 hours.
(2) An employee who has a confirmation test alcohol concentration of 0.04 or greater shall be immediately removed from his/her job related duties until such time as he/she tests negative for alcohol.
(3) An employee who tests positive for controlled substances shall be immediately removed from his/her job-related duties until such time as he/she tests negative in a mandatory return-to-work controlled substances test.
(4) If an employee has a confirmed positive test for alcohol and/or controlled substances, the Village Administrator will:
(a) Immediately institute disciplinary proceedings, including termination; or
(b) Allow the employee at his/her expense to voluntarily enter an appropriate treatment program.
(5) If the employee agrees to voluntarily enter an appropriate treatment program under division (E)(4)(b), above, the employee must agree to participate and complete the treatment program as determined by the attending physician or substance abuse professional ("SAP").
(a) At the Village Administrator's discretion, the employee may be given a leave of absence, without pay, to complete the treatment program.
(b) Upon completion of the treatment program, the employee may return to such duties as are assigned by the department head.
(c) Such employee shall not be allowed to return to work unless:
1. The employee has discontinued his/her use of illegal drugs;
2. The attending physician or SAP certifies that the employee has completed the treatment program and is drug-free;
3. The employee agrees to continue in any physician or SAP after care program; and
4. The employee agrees to submit to random testing during work hours for a period of 12 months.
(Ord. 2000-02, passed 5-17-00)
(A) Purpose. Child rearing, family illness and employee medical leave are available to employees as specified below or as may be provided under other forms of leave as set forth in this Code or existing collective bargaining agreements. The intent of this policy is to comply with the federal Family and Medical Leave Act ("FMLA"). Should the provisions of this policy conflict in any way with the provisions of the FMLA, then the provisions of the FMLA shall control.
(B) Definitions. For purposes of this section, the following definitions shall apply.
(1) CHILD. A biological, adopted or foster child, stepchild, a legal ward, or a child of a person
standing in loco parentis who is under 18 years of age; or if 18 years or older, incapable of self-care because of a mental or physical disability.
(2) CHRONIC SEROUS HEALTH CONDITION is one which:
(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
(b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, and the like).
(3) ELIGIBLE EMPLOYEE. An employee who has been employed by the village for at least 12 months and has worked for at least 1,250 hours during the preceding 52 weeks on the date FMLA leave is to commence.
(4) HEALTH CARE PROVIDER means:
(a) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
(b) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in Illinois and performing within the scope of his/her practice as defined under the Illinois law; and
(c) A nurse practitioner, nurse-midwife or clinical social worker who is authorized to practice under Illinois laws who is performing within the scope of his/her practice as defined under Illinois law; and
(d) A Christian Science practitioner listed with the First Church of Christ Scientists in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, the employee may not be subject to any requirement from the village that the employee or family member submit to examination (not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner.
(e) A health care provider as defined in (B)(4)(1), (2) or (3) who practices in a country other than the United States, and who is licensed to practice in accordance with the laws and regulations of that country.
(5) IMMEDIATE FAMILY MEMBER. An eligible employee's child, spouse, parent, brother, sister, mother-in-law or father-in-law.
(6) IN LOCO PARENTIS. An eligible employee or individual with day-to-day responsibilities to care and financially support a child that has no biological or legal relationship to the employee or individual.
(7) INCAPACITY. The inability to work, attend school or perform other regular daily activities, due to a serious health condition, treatment therefor, or recovery therefrom.
(8) INTERMITTENT LEAVE. Leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include leave of periods from one hour or more to several weeks.
(9) KEY EMPLOYEE. A salaried employee who is among the highest paid 10% of all the employees. The determination of whether a salaried employee is a "key employee" shall be made at the time of the request for FMLA leave.
(10) PARENT. The biological parent of an eligible employee or an individual who stands or stood in loco parentis to an eligible employee when the employee was a child, and includes parent "in-law".
(11) REDUCED LEAVE SCHEDULE. A leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(12) SERIOUS HEALTH CONDITION.
(a) An illness, injury, impairment, or physical or mental condition that involves:
1. Inpatient care (i.e., over-night 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
2. Continuing treatment by a health care provider that includes any one or more of the following:
a. Period of incapacity of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Two or more treatments by a health care provider, by a nurse or physician's assistant under the direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under order of, or on referral by, a health care provider; or
ii. At least one treatment by a health care provider which results in a regimen of continuing treatment under the supervision of the health care provider.
b. Any period of incapacity due to pregnancy, or for prenatal care.
c. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.
d. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer's, a severe stroke, or the terminal stages of a disease). The employee or immediate family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.
e. Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider, or a provider of health care services under orders of, or on referral by a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, and the like), severe arthritis (physical therapy), or kidney disease (dialysis).
(b) SERIOUS HEALTH CONDITION does not include:
common cold
stress
flu
allergies
routine dental problems
nausea
earaches
minor ulcers
cosmetic problems (acne, plastic surgery)
headaches (other than a migraine)
(13) SPOUSE. A husband or wife as defined or recognized under state law.
(14) TREATMENT. Does not include routine physical examinations, eye examinations, dental examinations, or conditions for which cosmetic treatments are administered unless inpatient hospital care is required, or unless complications develop.
(C) General requirements.
(1) Eligibility: Employees who have been employed by the village for one year and who have worked at least 1,250 hours during the preceding 52 weeks are eligible to take FMLA leave.
(2) Upon request, an eligible employee may take up to 12 weeks for any one leave or combination of leaves for birth, adoption or foster care placement, immediate family member illness; or employee illness. The 12-week FMLA leave period shall be measured from the date the employee takes his/her first day of FMLA leave.
(3) If the requested leave qualifies as a village-provided leave, as set forth in the Personnel Manual or existing collective bargaining agreements and FMLA, the leave will run concurrently. For example, temporary disability or sick leave used for the birth of a child also qualifies as employee medical leave under the FMLA, and, as such, will also be deducted from the employee's leave entitlement under the FMLA.
(4) The 12 workweeks may be taken:
(a) In one continuous 12-week period;
(b) In several leave periods; and/ or
(c) Intermittently or on a reduced leave schedule, but only for a serious health condition when medically necessary. The Village Administrator, in his discretion, may approve intermittent leave or a reduced leave schedule for post birth or placement of a child for adoption or foster care. (See division (G)(1), below).
(D) Leave entitlement.
(1) Birth/adoption leave.
(a) Leave is available for the birth and care of an employee's child or the placement of a child for adoption or foster care with an employee. Birth/adoption leave entitlement expire 12 months from the date of the birth or placement of the child.
(b) The child being adopted or placed in foster care must be under the age of 18, or age 18 or older and "incapable of self-care" because of a mental or physical disability.
(2) Family medical leave. Leave is available for the care of an employee's spouse, child or parent with a serious health condition. Parent does not include parent "in-law".
(3) Personal medical leave. Leave is available to an eligible employee who is unable to perform the functions of his/her position due to serious health condition. An employee is unable to perform the functions of the position where the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee's position within the meaning of the Americans with Disabilities Act (ADA).
(4) Both spouses employed by the village. Where spouses are both employed by the village, the aggregate number of workweeks of leave to which both are entitled shall be limited to 12 workweeks during the 12-month period, if FMLA leave is taken for the birth, placement of a child for adoption or foster care, or to care for a parent with a serious health condition. Where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for one of the above purposes, each shall be entitled to the difference between the amount he or she has taken individually and 12 workweeks for FMLA leave for personal illness or to care for a sick child.
(E) Substitution of paid leave.
(1) Employees may substitute any unused accrued paid leave, i.e., vacation, personal and sick leave, for FMLA leave, reducing the remaining FMLA leave entitlement accordingly.
(2) Leave taken for a serious health condition pursuant to IMRF temporary disability or other temporary disability plan, (i.e., police pension plan shall be credited against an employee's FMLA leave entitlement. Accrued paid leave will not be substituted while temporary disability benefits are being received.
(3) Leave taken for a serious health condition which results from injury to the employee pursuant to workers' compensation shall be credited against an employee's FMLA leave entitlement. Accrued paid leave will not be substituted while workers' compensation benefits are being received. As of the date workers' compensation benefits cease, an employee is required to substitute any unused accrued paid leave.
(F) Employee notice requirements.
(1) An employee shall give not less than 30 days written notice to the Village Administrator prior to the commencement of foreseeable leave. The written notice must set forth the reasons for the requested leave, the anticipated duration of the leave and the anticipated start of the leave.
(2) In all cases where the necessity for leave is foreseeable based on planned medical treatment, the employee shall:
(a) Schedule the treatment so as not to unduly disrupt the operations of the village, subject to the approval of the health care provider. This requirement may be met by providing the village with a proposed schedule for the leave with reasonable promptness after the employee learns of the probable necessity of the leave. Except in the event of an emergency, the schedule must be of sufficient definiteness so that the village can schedule replacement employees, if necessary.
(b) Provide the village with not less than 30 days notice before the date the leave is to begin, or the employee's intention to take leave for the purpose of planned medical treatment.
(c) Provide the required medical certification (See division (H), below).
(3) If an employee does not give the required 30-days written notice for foreseeable leave, with no reasonable excuse for not complying with this requirement, FMLA leave will be denied until at least 30 days after the date the employee provides the required notice.
(4) Where leave is not foreseeable and the leave must begin in less than 30 days, the employee must provide written notice within two working days of learning of the need for the leave, except in extraordinary circumstances where such notice is not feasible.
(G) Leave taken intermittently or on a reduced leave schedule.
(1) An employee shall not take leave for the birth or placement of a child for adoption or foster care intermittently or on a reduced leave schedule, unless such leave is approved by the Village Administrator. If such leave is approved by the Village Administrator, the employee shall:
(a) Be allowed to take leave intermittently or on a reduced leave schedule for only the first six weeks of the 12-week FMLA entitlement. Absence from work must be in increments of not less than one hour.
(b) Schedule the intermittent or reduced leave schedule so it does not unduly disrupt the village's operations.
(c) Provide the village, in writing, with the employee's proposed schedule of intermittent or reduced leave no less than 30 days before the schedule is to commence. The schedule must be of sufficient definiteness so that the village is able to schedule replacement employees, if necessary, to cover the absences.
(d) Intermittent leave or leave on a reduced schedule must commence within 16 weeks following the birth, adoption, or replacement of a child. The remaining six-week period must be taken in a single block.
(2) An employee may take leave to care for his/her spouse, child or parent with a serious health condition or for the employee's own serious health condition intermittently or on a reduced leave schedule when medically necessary. Medical necessity shall be determined and certified by a health care provider as provided in division (H), below.
(a) Intermittent leave or leave on a reduced leave schedule may be taken in increments of no less than one hour.
(b) An employee is to schedule intermittent leave or leave on a reduced leave schedule so that it does not unduly disrupt the village's operation.
(c) An employee must provide the village, in writing, a proposed schedule for intermittent leave or leave on a reduced leave schedule with reasonable promptness after the employee learns of the probable necessity for the leave. The schedule must be of sufficient definiteness so that the village may schedule replacement employees, if necessary.
(3) If an employee requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, the village may require such employee to:
(a) Transfer temporarily to an available alternative position for which the employee is qualified and that:
1. Has equivalent pay and benefits; and
2. Better accommodates recurring periods of leave than the employee's regular position; or
(b) Transfer the employee to a part- time job with the same hourly rate of pay and benefits; provided, however, the employee will not be required to take more leave than is medically necessary.
(4) When the employee is able to return to full-time work, he/she will be placed in the same or equivalent position as the position he/she left when FMLA leave commenced.
(H) Medical certification requirements.
(1) Medical certification is required for FMLA leave requested to care for a spouse, child, or parent with a serious health condition, or for the eligible employee's own serious health condition. The medical certification must be provided by the health care provider of the eligible employee, spouse, child or parent, as appropriate. Employees may obtain medical certification forms from the Village Administrator. Certification must include:
(a) A certification as to which part of the definition of "serious health condition" applies to the patient's condition and the medical facts that support the certification;
(b) The approximate commencement and probable duration of the condition;
(c) A statement that the eligible employee is needed to care for his/her spouse, child or parent, or a statement that the employee is unable to perform the functions of his/her position;
(d) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
(e) In the case of certification for intermittent leave, or leave on a reduced leave schedule for a serious health condition that makes the eligible employee unable to perform the functions of his/her position, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and
(f) In the case of certification for intermittent leave, or leave on a reduced leave schedule to care for an eligible employee's spouse, child or parent, a statement that the employee's intermittent leave or a reduced leave schedule is necessary for the care of a spouse, child or parent, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.
(2) The village may require, at the village's own expense, that the eligible employee obtain the opinion of a second health care provider designated or approved by the village concerning any information certified as provided above.
(3) If the second opinion differs from the opinion of the original certification, the village may require, at the village's own expense, that the eligible employee obtain the opinion of a third health care provider designated or approved jointly by the village and the employee. The opinion of the third health care provider concerning the information certified above shall be binding on the village and the employee.
(4) The employee must submit the required medical certification within 15 days of requesting FMLA leave if FMLA leave is foreseeable. If the leave is foreseeable, FMLA leave will be denied until certification is provided.
(5) If FMLA leave is not foreseeable, the employee must provide the medical certification within a reasonable time. If the medical certification is not provided within a reasonable time, continuation of the leave will be delayed.
(6) If an employee never provides the required medical certification, the leave will not be designated as FMLA, and the employee will be subject to appropriate disciplinary action. In this case, the employee will not be subject to the protections of the FMLA.
(I) Medical recertification requirements.
(1) A medical recertification is required once every 30 days when the employee is on FMLA leave longer than 30 days.
(2) A medical recertification will be required prior to the 30-day limitation if:
(a) An employee requests an extension of the leave;
(b) Circumstances described by the original medical certification have changed significantly; or
(c) The village receives information that casts doubt on the continuing validity of the medical certification.
(3) If the minimum duration of the period of incapacity specified on the medical certification is more than 30 days, recertification will not be required until the minimum duration has passed, unless one of the above conditions set forth in division (I)(2), above, has been met.
(4) The employee must provide the requested recertification within 15 days after the village's request, unless extenuating circumstances exist.
(5) Upon request from the village, the employee must provide a certification from his/her health care provider if the employee claims that he/she cannot return to work after FMLA entitlement has been exhausted or has expired. Such certification must be provided within 30 days from the date of the village's request for the certification.
(6) Recertification shall be provided at the employee's own expense.
(J) Insurance and benefits.
(1) The village shall maintain, during the FMLA leave period, group health and dental insurance coverage at the same level and under the same conditions that applied before the employee's FMLA leave commenced.
(a) If, prior to leave, the employees are required to contribute to the premium payments, an employee on FMLA leave shall be required to continue his/her share of the premiums.
(b) The village's obligation to maintain health and dental benefits will cease if and when an employee informs the village of an intent not to return to work at the end of the leave period, if the employee fails to return to work when the leave entitlement is exhausted, or if the employee fails to make any required payments while on leave.
(2) An employee has 30 days to pay his/her share of any premiums for group health and/or dental insurance coverage during FMLA leave. If the employee fails to pay, coverage will be dropped. The employee will receive written notice at least 15 days in advance of the date coverage is to cease, advising that coverage will be dropped on a specified date, at least 15 days after the date of the written notice, unless payment is received by that date.
(3) The village shall recover the premiums that the village paid for maintaining group health and dental insurance coverage for the employee during any period of unpaid FMLA leave under the following conditions:
(a) The employee fails to return from leave after FMLA entitlement has been exhausted or has expired; and
(b) The employee fails to return to work for a reason other than:
1. The continuation, recurrence, or onset of a serious health condition that entitles the employee to leave; or
2. Other circumstances beyond the control of the employee; or
(c) The employee does not provide the requested medical certification from his/her health care provider if the employee does not return to work within 30 days after the village makes such a request; or
(d) The reason stated in the medical certification for not returning to work does not meet the criteria set forth in division (J)(3)(b), above.
(4) The employee will continue to earn accrued benefits during paid FMLA leave.
(5) The employee shall not be entitled to accrue any benefits or seniority during unpaid FMLA leave.
(6) Employees shall not forfeit benefits or seniority accrued prior to their taking FMLA leave.
(7) With respect to pension and other retirement plans, any period of FMLA leave shall be treated as continued service for purposes of vesting and eligibility to participate in such plans.
(K) Return from FMLA leave.
(1) An employee returning from FMLA personal medical leave may be required to obtain a "fitness-for-duty" medical certification from his/her health care provider.
(2) An employee, upon returning from FMLA leave, shall be entitled to be restored to the same position held when leave commenced. If the position is no longer vacant, the employee shall be offered an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
(3) An employee may return to work prior to scheduled end of his/her leave. The employee shall be returned to his/her old position or an equivalent position within a reasonable time after the request to return to work early is made.
(4) Reinstatement may be denied to an employee if:
(a) The employee would not otherwise have been employed at the time reinstatement is requested (i.e., lay-offs, shift elimination); or
(b) The employee was hired for a specified term, or only to perform work on a discrete project, and the employment term or project is over.
(5) The right of reinstatement to the same or equivalent position is contingent upon the employee's continued ability to perform all of the essential functions of the position. If the employee is unable to perform an essential function, he/she has no right to restoration to his/her original position or another position. The employee's FMLA rights end with the expiration of the FMLA period. However, in certain circumstances, the employee may be entitled to protection under the ADA.
(6) A "key employee" may be denied reinstatement if the denial is necessary to prevent substantial and grievous economic injury to the operations of the village.
(L) Other employee rights.
(1) Executive, administrative and professional employees. All employees are covered under this policy, regardless of exempt/non-exempt status. Note, however, executive, administrative and professional employees may come under the "key employee" exception (See division (J)(6), above).
(2) Interference with rights. The village may not discriminate in employment against any eligible employee exercising his/her rights under the FMLA.
(3) Holiday pay. For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave.
(M) Procedures and forms.
(1) When an employee requests FMLA leave, he/she will be provided with the following:
(a) Copy of this Policy;
(b) Employee written request form;
(c) A notification of rights setting form the employee's obligations and the village's expectations while the employee is on leave; and
(d) Medical certification form.
(2) Employees who have questions in regard to this Policy or their rights under the FMLA should contact the Village Administrator or his/her designee.
(Ord. 2000-02, passed 5-17-00)
It is the objective of the village to ensure the safety and well being of its workforce and the persons with whom the village does business. Therefore, the village has established a zero tolerance for any violent acts or threats directed by or towards any village employee.
(A) Definition.
(1) VIOLENCE IN THE WORKPLACE includes, but is not limited to:
(a) Any physical behavior involving aggressive physical contact with any other person, including pushing, hitting, fighting, throwing objects, or otherwise intentionally injuring another person or attempting to injure another person;
(b) Any physical behavior which places a reasonable person in fear of receiving imminent physical injury or other aggressive physical contact of the sort described above;
(c) Verbal behavior which involves threatening physical harm, either directly or implicitly, against any person; and,
(d) Any act of vandalism or other intentional damage or destruction of village property or personal belongings on village property.
(2) Workplace violence also includes instances where these sorts of acts or threats are made against an employee by a non-employee.
(3) Workplace violence does not include activities covered by the Police Department regulations concerning the use of force by members in the performance of their law enforcement duties, which are treated separately under that Department's policies and procedures.
(B) Reporting workplace violence.
(1) Employees who become aware of any threat of violence in the workplace, whether by an employee or non-employee, are obligated to immediately report in writing such action to the employee's supervisor. In the supervisor's absence, or in cases involving the supervisor, the employee may bypass the supervisor and make a complaint directly to the department head or, in the department head's absence, to the Village Administrator. Employees should not confront the person against whom their complaint is lodged.
(2) If the supervisor receives a complaint, it shall be his/her responsibility to notify the department head as soon as is reasonably possible to determine validity. If it is a valid complaint, the department head shall notify the Village Administrator as soon as possible.
(3) The Village Administrator shall review all complaints and investigations. All complaints will be given a high priority and investigated as quickly as possible by the supervisor or other person as determined by the Village Administrator.
(C) Discipline for violations. Violations may result in discipline up to and including immediate discharge in accordance with village procedures. Employees should also understand that such behavior may be criminal and could result in criminal prosecution.
(D) Retaliation. Where an employee reasonably and in good faith opposes or reports any workplace violence or testifies, assists or participates in an investigation of or hearing concerning allegations or threats of violence, no person or group of persons may retaliate against the employee. Retaliation includes any act of harassment, verbal abuse, verbal threats, or any other or additional act of workplace violence.
Retaliation will also be considered a violation of this policy and may result in discipline up to and including discharge in accordance with village procedures.
(E) Guidelines for responding to risk situations.
(1) Report threat/violence to the supervisor, or in his/her absence, to the department head.
(2) Initiate investigation by department head or supervisor, if requested by department head:
(a) Interview personnel who made the report.
(b) Document the information.
(c) Review with department head, Village Attorney and/or Police Department representatives as appropriate.
(d) Report to Village Administrator.
(3) Village Administrator assesses need for additional information and determines immediate course of action:
(a) What immediate support can be provided to the employee?
(b) Is temporary discipline necessary, i.e., leave of absence?
(4) Meet with outside advisor (counselor) to develop plan for disciplining/assisting the employees involved.
(5) Meet with those who initially reported incident and victim, if any, to re-evaluate their current state of mind.
(6) Meet with employee to get response to charges.
(7) Document two preceding steps for review by response team (Village Administrator, counselor, department head, Village Attorney, police) and determine final course of action.
(8) Implement action.
(F) Suggestions for implementation/planning stages.
(1) Have employee safety committee address security concerns found in their workplace.
(2) Train employees to recognize and respond to violent or potentially violence incidents, i.e., emergency procedures, conflict resolution and non- violent response.
(3) Work site analysis by Police Department:
(a) Identify physical risk factors;
(b) Review current security measures.
(G) Post-incident review. Suggestions for dealing with employees after the occurrence of violent actions in the workplace:
(1) Debriefing by management for all village employees within 24-72 hours after the incident.
(2) Debriefing by management for immediate co-workers, prior to victim's return to work (i.e., address how workers should respond toward co- worker).
(3) Both debriefing sessions may be aided by a counselor.
(4) Assess what went wrong, and what could be improved.
(H) Counseling. At any point in this process, counseling is available to employees.
(Ord. 2000-02, passed 5-17-00)
(A) Purpose.
(1) The general purpose of this policy is to establish the process for application for health insurance benefits pursuant to the Public Safety Employee Benefits Act ("PSEBA") (ILCS Ch. 820, Act 320, §§ 1 et seq.). This policy is established in recognition of the Village of Orland Hills' ("village") obligations under state law to provide health insurance benefits to its public safety employees who qualify for, and are determined to be eligible to receive, certain health insurance benefits from the village.
(2) Any full time police officer who after November 14, 1997 suffers a catastrophic injury or the eligible family members of a police officer who is killed in the line of duty may apply for health insurance benefits under PSEBA by sending a letter of request for benefits to the village as provided in division (B)(2) below.
(B) Administrative process. The following procedure is established to determine eligibility for PSEBA benefits:
(1) Application form. The applicant shall submit an application on a form provided by the village.
(2) Time period for submission of application. The application for PSEBA benefits must be submitted by personal delivery or certified mail to the village, within one year after the date on which the police officer allegedly suffered a catastrophic injury or was killed in the line of duty. The Administrator will review the application when all of the required documentation has been received by the village.
(3) Matters pending before the Village Police Pension Board. In the event that a timely application for pension benefits has been filed with the Police Pension Board, the following rules shall govern the submission of a PSEBA application:
(a) The submission deadline for the PSEBA application form shall be extended to the date that is 60 days after the date of any final ruling by Police Pension Board concerning any duty related disability.
(b) The applicant shall be responsible for submitting all transcripts and exhibits from the Police Pension Board hearing that resulted in the award of a duty related disability pension.
(4) Processing of application by Village Administrator. Upon receipt of a timely, complete and executed application form, the Administrator shall review the application and engage in such additional fact finding as the Administrator deems necessary to evaluate the application.
(a) If fact finding is determined to be necessary or appropriate, the applicant shall fully cooperate in such fact finding activity.
(b) If the applicant refuses or otherwise fails to fully cooperate, then a reminder notice shall be sent to the applicant explaining the duty of full cooperation in the fact finding process.
(c) The applicant fails to cooperate as requested within 21 days after receipt of such notice, then the application for benefits shall be deemed withdrawn and waived.
(5) Determination of eligibility. The determination shall be based on the application and evidence provided by the applicant to the Administrator as well as such additional fact finding undertaken by the Administrator.
(6) Village Administrator's determination. Within 60 days following receipt of the PSEBA application and all related evidence, the Administrator shall advise the applicant, in writing, of one of the following final determinations:
(a) The village approves the application and awards health insurance benefits; or
(b) The village denies the application and refuses to provide health insurance benefits.
(7) Reconsideration of Village Administrator's determination. In the event the Administrator denies a PSEBA application, the applicant will be afforded an opportunity to present any additional arguments, evidence or testimony to Administrator within 30 days of the Administrator's initial determination.
(C) Health insurance benefits. If an applicant is awarded health insurance benefits, the following provisions apply:
(1) Village insurance plan. If the village approves the application and awards health insurance benefits, the village's basic health insurance plan will be the only plan offered. If the applicant chooses to enroll in any other plan offered by the village, the applicant must pay the difference in insurance premiums.
(2) Other health insurance benefits.
(a) According to state law, health insurance benefits payable by any other source will reduce the benefits payable from the village. Each applicant will be required to sign an affidavit attesting to the fact that they are not eligible for insurance benefits from any other source.
(b) It is the responsibility of the applicant and/or benefit recipient to notify the village within 30 days of any changes to other sources of health insurance benefits. Receipt of benefits in violation of this provision will require reimbursement to the village of any benefits received. The village reserves the right on an annual basis to have the applicant and/or any benefit recipient provide another affidavit affirming whether other health insurance is available or payable to the applicant and/or any benefit recipient.
(Ord. 2011-013, passed 12-7-11)
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