Page 77 - Foltz Trucking Driver Handbook

to resolve a conflict between the original certification and the second opinion, the Company will require the opinion of a third doctor. The Company and the employee will mutually select the third doctor, and the Company will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
The Company may request recertification for the serious health condition of the employee (or family member) no more frequently than every 30 days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeksanextensionofhisorherleave. Otherwise,theCompanymayrequestrecertificationfortheserious health condition of the employee or the employee's family member every 6 months in connection with an FMLA absence. The Company may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition.
Service Member's Serious Injury or Illness
The Company will require certification for the serious injury or illness of the covered service member and will provide the employee with the DOL Certification of Health Care Provider for Serious Injury or Illness of Covered Service Member (Form WH385). The employee must respond to such request within 15 days or provide a reasonable explanation for the delay. Failure to provide certification may result in denial of continuation of leave.
Qualifying Exigency for Military Family
The Company will require certification of the qualifying exigency for military family leave and will provide the employee with the DOL Certification of Qualifying Exigency for Military Family Leave (form WH384). The employee must respond to such request within 15 days or provide a reasonable explanation for the delay. Failure to provide certification may result in denial of continuation of leave.
Use of FMLA Leave
An employee does not need to use FMLA leave entitlement in one block. Leave can be taken intermittently oronareducedschedulewhenmedicallynecessary. Intermittentleaveistakeninseparateblocksoftime for a single FMLA-qualifying reason. An FMLA reduced leave schedule is a work schedule that reduces employees'usualnumberofworkinghoursperworkdayorworkweek. Employeeswillbeinformedwhether they can take intermittent leave or a reduced leave schedule when they apply for FMLA leave.
Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Concurrent Use of FMLA Leave with Other Leave
Employees on Workers' Compensation leave or any other paid or unpaid leave are required to take FMLA leave concurrently. For example, employees who are absent from work due to a work-related injury for four months will have the first 12 weeks of that absence applied to FMLA leave and will exhaust all available FMLA leave.
Pay and Benefits During FMLA Leave
FMLAleaveisunpaid. Employeesmustexhausttheirpaidtimeoff,vacationand/orsickleavebeforeutilizing unpaid leave. Employees utilizing paid leave must comply with the Company's normal paid leave policies, except in emergency circumstances. Eligible employees may also file a short term disability claim for their own serious health condition.
Employees will not accrue paid time off, vacation and/or sick leave during unpaid FMLA leave. However, the use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of the employee's leave. Taking FMLA leave does not count as a break in service for retirement plan purposes. Page 12