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Fitness for Duty Certification <br /> Employees who take leave for their own serious health condition are required to <br /> obtain and present a Fitness for Duty Certification Form. The fitness-for-duty <br /> certification must be completed by the same physician who completed the original <br /> Certification of Health Care Provider Form provided to grant the FMLA leave <br /> request. The employee is responsible for the cost of the fitness-for-duty <br /> certification. The City may delay restoration of the employee until the employee <br /> submits a complete fitness-for-duty certification. <br /> Restoration from Family Medical Leave / Job Protection <br /> 1. If the employee returns to work within 12 weeks following a family/medical <br /> leave (or 26 weeks if combined with Servicemember Family Leave), he/she <br /> will be reinstated to his/her former position or an equivalent position in terms <br /> of pay, benefits, status, and authority. <br /> 2. The employee's restoration rights are the same as they would have been <br /> had the employee not been on leave. If the position would have been <br /> eliminated or the employee would have been terminated but for the leave, <br /> the employee does not have the right to reinstatement upon return from <br /> leave. <br /> 3. If the employee fails to return to work by the previously agreed upon date, <br /> in absence of further communication, he/she will be considered to have <br /> abandoned the job. <br /> Exemption of Certain Key Employees <br /> The City may deny restoration of employment rights to an employee under this <br /> section on the following conditions: <br /> 1. the key employee is otherwise eligible for family medical leave benefits and <br /> is a job basis employee among the highest paid 10 percent of all City <br /> employees; <br /> 2. the denial of restoration is necessary to prevent substantial and grievous <br /> economic injury to the department's operations; <br /> 704:2 FMLA Page 17 of 19 <br /> 128 <br />