§ 35.098  FAMILY AND MEDICAL LEAVE ACT.
   (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)