(A) An employee must provide the village with written notice at least 30 days in advance before FMLA leave is to begin if the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or immediate family member. Such notice must set forth the reasons for the requested leave, the anticipated starting date of the leave, and the anticipated duration.
(B) If 30-days’ notice is not practicable under the circumstances, for example, because of lack of knowledge of when leave will be required, a substantial change in circumstances, or a medical emergency, notice must be given as soon as possible after the employee becomes aware of the necessary scheduling arrangements.
(C) If an employee fails to give at least 30-days’ notice of a foreseeable leave with no reasonable excuse for the delay, the village may deny the taking of FMLA leave until at least 30 days after the date the employee provides notice to the village of the need for FMLA leave.
(D) Whenever an employee requests FMLA leave to care for a seriously ill spouse, son, daughter, or parent, or due to the employee’s own serious health condition, the employee must furnish written certification of the serious health condition signed by the employee’s or immediate family member’s health care provider. Such certification should be submitted at the time the employee requests leave, or in the case of an unforeseen leave, as soon after the leave commences as possible. Certification can be made using Federal Form WH-380 E or F, whichever is applicable.
(E) The village may require a second opinion from another health care provider. If the opinions differ, the village may require a third opinion from a health care provider jointly selected by the village and the employee. The third health care provider’s opinion shall be final and binding. The costs of obtaining second or third opinions that have been incurred by an employee or family member shall be reimbursed by the village. Itemized receipts and verification of mileage traveled will be required.
(F) Whenever an employee requests FMLA leave to care for a covered service member, who is a spouse, son, daughter, parent, or next of kin, who is recovering from a serious illness or injury sustained in the line of duty on active duty or for any qualifying exigency related to the employee’s spouse, son, daughter, or parent on or called to active duty the employee must furnish written certification of the need for the leave. Such certification should be submitted at the time the employee requests leave, or in the case of an unforeseen leave, as soon after the leave commences as possible. Certification shall be made using Federal Forms WH-384 or WH-385, whichever is applicable.
(G) When accrued sick, vacation, or personal business leave is substituted for unpaid FMLA leave, the employee must submit to the village a completed “application for leave” form with medical documentation verifying the necessity for the leave. These documents must be submitted to the village as soon as practicable.
(H) As a condition of restoring an employee whose FMLA leave was due to his or her own serious health condition, the employee must present written certification from a health care provider that the employee is able to resume work.
(Ord. 1447, passed 10-20-2009; Ord. 1473, passed 12-7-2010; Ord. passed 1-1-2019)