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4.7 SR 12-18-2023
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4.7 SR 12-18-2023
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12/18/2023
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leave year. Such new medical certifications are subject to the provisions for authentication and <br />clarification and second and third opinion. <br />Reinstatement <br />Employees returning from FMLA will be reinstated in the same position or a position equivalent in pay, <br />benefits, and other terms and conditions of employment. <br />An employee='s reinstatement rights are the same as theywould have been had the employee not been on <br />leave. Thus, if an employee"s position would have been eliminated or an employee would have been <br />terminated but for the leave, the employee would not have the right to be reinstated upon return from <br />leave. <br />Notice of Intent to Return from FMLA Leave <br />The cit�� requires an employee on FMLA leave to report periodically on the employee's status and intent <br />to return to work. <br />Effect on Benefits <br />An employee granted leave under th�"s po�'�Icy will continue to be covered under the cit�"s group health <br />and dental insurance plan under the same conditions and at the same level of city contribution as would <br />have been provided had they been continuously employed during the leave period. Minnesota Parenting <br />Leave and all forms of paid time off (sick leave, disability leave, workers' comp leave, vacation, <br />compensatory time off, etc.) run concurrently with FML,A. If there are changes in the cit�"s contribution <br />levels while the employee is on leave, those changes will take place as if the employee were still on the <br />job. <br />The employee will be required to continue payment of the employee portion of group insurance co�rerage <br />while on leave. Arrangements for payment of the employee"s portion of premiums must be made by the <br />employee with the city. <br />Failure to Return to Work after FMLA <br />Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for <br />at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid <br />by the city for group health plan benefits. The cit�� may also require the employee to repay any amounts <br />the city paid on the employee's behalf to maintain benefits other than group health plan benefits. <br />If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject <br />to COBRA continuation. <br />If the employee fails to pay the cit�- a portion of the premiums for which s/he is responsible during the <br />FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to <br />pay premiums is not a qualif�-ing event for purposes of continuation coverage under COBRA. <br />If the employee does not return from the FMLA leave and coverage ended sometime during the FML.A <br />leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee <br />must have been covered on the day before the qualifying event In this situation, the qualif�-ing event <br />would occur at the time the employee did not return from the leave. <br />Activities Prohibited During FMLA <br />While on leave, employees may not engage in activities (inclucling employment) with the same or similar <br />requirements and essential functions of an employee's current position. <br />Page 27�66 <br />
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