Page | 59 Procedure for Requesting FMLA Leave – All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Human Resources Department. Within five business days after the employee has provided this notice, the HR department will complete and provide the employee with the DOL Notice of Eligibility and Rights (form: WH-381). When the need for the leave is foreseeable, the employee must provide the City with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the City’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. City Designated FMLA Leave – An employee may be absent for reasons that qualify under FMLA leave but has not specifically applied for FMLA leave. This includes absences that are occupational and non-occupational in nature. Under such circumstances, the City has the right to designate the absence(s) as FMLA leave. If the absence is designated as such, the HR department will notify the employee of the designation. Certification for the Employee’s Serious Health Condition – The City normally requires certification for the employee’s serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification will be provided using the DOL Certification of Health Care Provider for Employee’s Serious Health Condition (form: WH-380-E). The City may directly contact the employee’s health care provider for verification or clarification purposes using a health care professional, an HR representative or other management official. The City will not use the employee’s direct supervisor for this contact. Before the City makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the City will obtain the employee’s permission for clarification of individually identifiable health information. The City has the right to ask for a second opinion if it has reason to doubt the certification. The City will pay for the employee to get a certification from a second doctor, which the City will select. The City may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary, to resolve a conflict between the original certification and the second opinion, the City will require the opinion of a third doctor. The City and the employee will mutually select the third doctor, and the City will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. Certification for the Family Member’s Serious Health Condition – The City normally requires certification for the family member’s serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification will be provided using the DOL Certification of Health Care Provider for Family Member’s Serious Health Condition (form: WH-380-F). The City may directly contact the employee’s health care provider for verification or clarification purposes using a health care professional, an HR representative, or other management official. The City will not use the employee’s direct supervisor for this contact. Before the City makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the City will obtain the employee’s permission for clarification of individually identifiable health information. The City has the right to ask for a second opinion if it has reason to doubt the certification. The City will pay for the employee to get a certification from a second doctor, which the City will select. The City may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or
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