MCCB Employee-Handbook 2020

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Agency’s reporting procedures. The Agency may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave, absent unusual circumstances preventing the notice. Employees must provide sufficient information for the Agency to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. 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. Employees also must inform the Agency if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also are required to provide a certification and periodic recertification supporting the need for leave. The Agency also may require a second, and if necessary, a third opinion (at the Agency’s expense) and, when the leave is a result of the employee’s own serious health condition, a fitness for duty report to return to work. The Agency also may delay or deny approval of leave for lack of proper medical certification. Agency Responsibilities. The Agency will inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If employees are not eligible, the Agency will provide a reason for the ineligibility. The Agency will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s FMLA leave entitlement. If the Agency determines that the leave is not FMLA-protected, the Agency will notify the employee. Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service. Unlawful Acts by Employers. The FMLA makes it unlawful for any employer (1) to interfere with, restrain, or deny the exercise of any right provided under the FMLA; or (2) to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. Enforcement. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The 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. Unapproved Acts by Employees.