(A) Leave provided. The Family and Medical Leave Act of 1993 (FMLA), as amended thereafter, requires covered employers to provide FMLA leave to eligible employees. Following is a summary of the leave requirements under the FMLA. This policy and the posting do not necessarily include all FMLA requirements, disclosures, or information employees may need to know, but are intended to provide employees with basic FMLA information.
(B) Eligibility requirements. In order to be eligible for FMLA leave, an employee must have worked for the village for at least one year prior to commencement of the leave and worked at least 1,250 hours during the 12 months prior to the commencement of the leave.
(C) Reasons for leave. Eligible employees may take FMLA leave for the following purposes:
(1) For incapacity due to the employee’s pregnancy, prenatal medical care or childbirth;
(2) To care for the employee’s child after birth, or placement for adoption or foster care;
(3) To care for the employee’s spouse, child or parent who has a serious health condition;
(4) For a serious health condition that makes the employee unable to perform his or her job;
(5) For military exigency leave to address certain qualifying exigencies related to a military member (if the employee is the spouse, parent, son or daughter of said military member) who is on covered active duty or called to covered active duty status in a foreign country (and if the family member is in the National Guard, Reserves or regular armed forces); or
(6) For military caregiver leave to care for a covered service member (if the employee is the spouse, parent, son, daughter or next of kin of said service member). A covered service member is: a current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is otherwise on the temporary disability retired list for a serious injury or illness; or a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
QUALIFYING EXIGENCY. May include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings, among other things.
SERIOUS HEALTH CONDITION. An illness, injury, impairment, or physical or mental condition that involves either an overnight stay in medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three full consecutive calendar days combined with at least two in-person visits to a health care provider (the first within seven days and the second within 30 days of the on-set of incapacity) or one in-person visit (within seven days of the onset of incapacity) and regimen of continuing treatment prescribed at that visit, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
(E) Amount of leave. Eligible employees are entitled to a maximum of 12 weeks of unpaid FMLA leave during a rolling 12-month period. If the leave is to care for a covered service member, an eligible employee is entitled to a maximum of 26 weeks of unpaid leave for such purpose during a single 12-month period. During that single 12-month period, FMLA leave taken for other reasons is also counted, and an employee may not exceed the 26-week maximum for all FMLA leave taken regardless of the reason.
(F) Use of leave. An employee does not need to use FMLA leave in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the village’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
(G) Substitution of paid time off benefits for unpaid leave. Employees are required to use paid time off (PTO) benefits while on FMLA leave. PTO benefits will not continue to accrue while an employee is on FMLA leave, but accruals will be re-commenced upon return to work from FMLA leave.
(H) Employee notice of need for leave.
(1) If the need for leave is foreseeable, an employee must provide 30 days’ advanced notice if practicable. If not practicable to give at least 30 days advance notice of the need for foreseeable leave, then the employee must give as much notice as reasonably possible. This normally means providing notice on the same day as or next business day after the employee learns of the need for leave. Notice of the need for foreseeable leave is to be given to the Village Clerk.
(2) If the need for leave is unforeseeable, an employee must provide as much notice as practicable. This means the employee must comply with the village’s call-in procedures. In addition, the employee must notify the Village Clerk of absences that are unforeseeable.
(3) When notifying the village of the need for FMLA leave or an FMLA absence, an employee must provide sufficient information for the village to determine if the leave might qualify as FMLA leave or an FMLA absence. The employee must also provide the anticipated timing and duration of the leave or absence. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Calling in “ill” or “sick” is not enough. Employees also must inform the village if the requested leave is for a reason for which FMLA leave was previously taken or certified. If so, the employee must specifically mention the “FMLA” or state the specific qualifying reason FMLA leave or absence is needed.
(I) Certification of need for leave. Employees may be required to provide a certification and periodic recertification supporting the need for leave. Any certification that is submitted must be complete and sufficient and returned within 15 calendar days. The village may also require second and third opinions from health care providers if the leave is for the serious health condition of the employee or a family member. The village may also request authentication and clarification of any medical certification that is submitted by contacting the health care provider.
(J) Village notices and other responsibilities.
(1) If an employee requests FMLA leave, the Village Clerk will notify the employee whether he or she is eligible for such leave the first time during the village’s FMLA leave year that the employee requests leave for that particular reason or that specific medical condition. If the employee is eligible, the notice will specify any additional information required (such as certification of a health care provider), as well as the employee’s rights and responsibilities. If the employee is not eligible, the notice will provide a reason for the ineligibility.
(2) Once the village has received a complete and sufficient certification (if one is required), the employee will receive a designation notice. The notice will either designate the leave as FMLA-protected leave and the amount of leave counted against the employee’s FMLA leave entitlement (if it can be calculated), or will advise the employee that the leave is not FMLA-protected.
(K) Benefits and protections while on leave. While on FMLA leave, the village will maintain the employee’s health coverage under the village’s group health plan on the same terms as if the employee had continued to work. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the state of an employee’s leave.
(L) Permissible and prohibited activities while on leave. As a general rule, an employee who is on an approved leave of absence is expected to engage in only those activities that are necessary for, consistent with, and appropriate for the purpose of leave, and the employee is not permitted to engage in any other activities. An employee is also prohibited from working elsewhere or engaging in self-employment while on leave (including working any additional job the employee was working while also working for the village prior to taking leave), without the village’s advance written consent.
(M) Return to work. If an employee was on leave for his or her own serious health condition, he or she must provide a fitness-for-duty certification upon return to work. Upon return from FMLA leave, an employee will normally be restored to his or her original or an equivalent position with equivalent pay, benefits, and other employment terms. However, an employee has no greater rights to job restoration than if the employee had not taken FMLA leave.
(N) Unlawful acts by employers. FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA; and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
(O) Enforcement. If any employer violates the FMLA, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. An employee may obtain additional information from the U.S. Department of Labor by calling 1-866-4US-WAGE (1-866-487-9243 or TTY: 1-877-889-5627 or at the following website: www.wagehour.dol/gov.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)