39 SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE The City requires employees to use available paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be used in compliance with the City's normal Paid Leave policies. If an employee's leave of absence does not constitute a basis for paid leave as defined in the City's paid leave policies, the employee cannot use paid leave, but can take unpaid leave. FMLA leave is without pay when the employee's paid leave benefits are exhausted. EMPLOYEE RESPONSIBILITIES Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the City's normal call-in procedures. Employees must provide sufficient information for the City 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 City if the requested leave is for a reason for which FMLA leave was previously taken or certified. The employee also may be required to provide a certification and periodic recertification supporting the need for leave. The City may require second and third medical opinions at the City's expense. Documentation confirming family relationship, adoption, or foster care may be required. If notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in corrective action, in accordance with the City's attendance rules. Employees on leave must contact the Human Resources Manager at least two days before their first day of return from leave. THE CITY'S RESPONSIBILITIES The City will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employee's rights and responsibilities. If they are not eligible, the City will provide a reason for the ineligibility. The City will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the City determines that the leave is not FMLA-protected, the City will notify the employee. UNLAWFUL ACTS FMLA makes it unlawful for the City to: Interfere with, restrain, or deny the exercise of any right provided under FMLA. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. ENFORCEMENT An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the City. FMLA does not affect any federal or state law prohibiting discrimination, or supersede and state or local law or collective bargaining agreement which provides greater family or medical leave rights. DOMESTIC VIOLENCE LEAVE The City of Lamar will permit an employee who has been employed for twelve (12) months or more to take up to three (3) working days of unpaid leave of absence from work in any twelve-month
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