GSEM Employee Handbook 2022-2023

the leave request relates to a serious medical condition, the Notice of Eligibility will request medical certification to enable the Council to confirm the employee’s leave will qualify as FMLA leave. If an employee is not eligible for FMLA leave, the Council will provide the employee with a reason for the ineligibility. Medical Certification Requirements An employee is not required to provide medical records for leave due to a “serious health condition”; however, the Council requires medical certification to support such a request for leave due to an employee’s own serious health condition or for that of an employee’s family member for whom the employee needs to provide care. Generally, employees should provide such medical certification before the leave starts. If this is not possible, employees must provide such medical certification within fifteen calendar days after the employer’s request for certification, unless it is not practicable under the particular circumstances (e.g., in case of a medical emergency). Failure to comply with the certification requirements of this policy may delay an employee’s FMLA leave or render the employee ineligible for FMLA leave. The Council may require second or third opinions (at the employer’s expense) of an employee’s medical certification. After an employee provides the Council with the required documentation, the Council will designate the employee’s requested leave as FMLA-protected or as ineligible for FMLA protection, and the Council will notify the employee of its designation. The Council’s standard practice is to require employees to submit fitness-for-duty certification prior to returning to work from an FMLA-protected leave based on an employee’s own serious health condition. If the Council has reason to believe the employee cannot perform the essential functions of their job, the Council may require the employee to provide additional medical information and/or undergo a fitness-for-duty evaluation pursuant to the Americans with Disabilities Act, to the extent such actions are consistent with the Council’s business necessities. Qualifying Exigency Certification Requirements The first time an employee requests leave because of a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, the employee must provide the Council with a copy of the covered military member’s active duty orders or other documentation issued by the military indicating that (1) the covered military member is on active duty or has been called to active duty status in support of a contingency operation, and (2) the dates of the covered military member’s active duty service. An employee must provide the Council with a copy of new active-duty orders or other documentation issued by the military if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different covered military member. Anytime an employee requests FMLA leave to handle a qualifying exigency, the employee must submit in a timely fashion a completed certification form to Human Resources. Falsification of information on such a form or any leave related form submitted to the Council will be treated as grounds for discipline, up to and including termination. Covered-Servicemember Caregiver Certification Requirements When an employee seeks FMLA leave to care for a covered servicemember with a serious injury or illness, the employee must submit in a timely fashion a completed caregiver certification form to Human Resources. This form must be completed, in part, by an authorized health care provider. Falsification of information on such a form or any leave related form submitted to the Council will be treated as grounds for discipline, up to and including termination. Benefits during FMLA Leave While on FMLA leave, an employee will retain all health, life, and disability benefits the employee had when the leave began. However, an employee will be responsible for paying that portion of any benefits premium the employee paid at the time the leave began. Other accumulated benefits are preserved at the level accrued as of commencement of the leave but shall not accrue further during an unpaid leave period. If an employee does not return to work after the expiration of the leave, the employee will be required to reimburse the Council for payments of health insurance premiums during the leave, unless the employee does not return because of the presence of a serious health condition that prevents the employee from performing their job or circumstances beyond the control of the employee. While on FMLA leave, an employee must provide periodic updates regarding the employee’s status and intent to return to work.

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