Employee Manual 2023 - Flipbook - Page 49
employee will be notified as soon as practical.
Where the City determines that it will deny restoration of employment to a key employee, it will
issue a hand-delivered or certified letter to the employee explaining the basis of its finding that the
requisite injury to the City exists. Where practical, the City will communicate this determination
prior to the commencement of the FMLA leave. If the FMLA leave has already commenced, the key
employee will be provided a reasonable amount of time to return to work after being notified of
the decision to deny reinstatement.
If a key employee does not return to work in response to the City’s notification of its decision to
deny restoration of employment, the City will continue to provide health benefits (where
applicable) during the leave and it will not seek to recover its cost of premiums from the employee.
A key employee’s FMLA rights will continue until the employee gives notice that they no longer
wish to return to work or until the City denies reinstatement at the end of the leave period.
At the end of the FMLA leave period, the key employee has the right to request reinstatement and
have the City reevaluate the extent of its injury due to the requested reinstatement based on the
facts at that time. If the City again determines that the reinstatement will cause the requisite
injury, the key employee will be notified in writing by a hand delivered or certified letter of the
denial of his or her request for reinstatement to employment. If the City finds that reinstatement
will not result in the requisite injury, the key employee will be granted reinstatement.
Notice Regarding Not Returning to Work or Change In Return to Work Date: Any employee
(including a key employee) who is on FMLA leave and decides that they will not return to work
upon conclusion of the FMLA leave must notify the City of their decision. For FMLA leave which
extends for 30 or more continuous days, the City may require at reasonable intervals a report by
the employee of their intent to return to work. Also, if an employee’s expected date of return to
work changes, the employee is required to notify the City of that fact within 2 days.
Repayment of Group Health Benefits: If, after taking FMLA leave, an employee fails to return to
work for a reason other than the employee’s serious health condition or that of the employee’s
child, spouse or parent, or because of a condition specified in the certification provided in support
of a Military Caregiver Leave, or a reason that is beyond the employee’s control as determined by
the City in accordance with the FMLA, the employee must reimburse the City for all group health
benefit premiums paid by the City during the employee’s unpaid FMLA leave. An employee will be
considered as having returned to work only after they have returned to work for at least 30
calendar days.
Where an employee fails to return to work due to one of the reasons above, the City requires the
employee to provide medical certification of that health condition within 30 days from the date of
its request. If a completed certification is not timely provided, the employee must reimburse the
City for all group health benefit premiums paid by it during the employee’s unpaid FMLA leave.
Prior to commencing FMLA leave, the employee is required to sign specific form(s) stating that, if
the employee fails to return to work following the leave for reasons other than a serious health
City of Plymouth Employee manual - Page 49 – March 2023
