12-09-2025 City Council Workshop Packet

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58 12/2024 approved by the City or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. SECOND AND THIRD MEDICAL OPINIONS The City may require an employee obtain a second opinion from a provider which the City selects. If necessary to resolve a conflict between the original certification and the second opinion, the City may require the opinion of a third doctor. This third opinion will be considered final. An employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. ANNUAL MEDICAL CERTIFICATION AND RECERTIFICATION Where the employee's need for leave due to the employee's own serious health condition lasts beyond a single leave year, the City will require employees to provide a new medical certification in each subsequent leave year. Such new medical certifications are subject to the provisions for authentication and clarification and second and third opinions. REINSTATEMENT Employees returning from Family and Medical Leave will be reinstated in the same position or a position equivalent in pay, benefits, and other terms and conditions of employment. GROUP HEALTH INSURANCE AND OTHER BENEFITS An employee granted leave under this policy will continue to be covered under the City's group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided had the employee been continuously employed during the leave period. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Arrangements for payment of the employee's portion of premiums must be made by the employee with the City. If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. Rights to additional continued benefits will depend on whether leave is paid or unpaid. Any paid disability leave benefits (MN Paid Leave, Short Term Disability or Long Term Disability), sick leave, or compensatory time off available to employees for a covered reason (an employee’s serious health condition or a covered family member’s serious health condition, including worker’s compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA. FAILURE TO RETURN TO WORK AFTER FMLA Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the City may require the employee to repay the portion of the monthly cost paid by the City for group health plan benefits. The City may also require the employee to repay any amounts the City paid on the employee’s behalf to maintain benefits other than group health plan benefits. If the employee fails to pay the City a portion of the premiums for which they are responsible during the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA. ACTIVITIES PROHIBITED DURING FMLA While on leave, an employee may not engage in activities (including employment) that have the same or similar requirements and essential functions of an employee’s current position.