ICMARC Associate Handbook August 2016

P P The circumstances described by the original certification have changed significantly. P P ICMA‑RC receives information that casts doubt upon the continuing validity of the associate’s certification. P P The associate is unable to return to work after FMLA leave because of the continuation, recurrence or onset of a serious health condition. If at any point while you are on FMLA leave you give notice that you will not be returning from leave, Human Resources may request a written resignation. ICMA‑RC’s obligation to restore you to a position ends when you inform your manager or supervisor that you will not be returning. At that time, you would be eligible for continuation of health coverage by paying the full costs of health care coverage, plus an administrative charge. A Human Resources representative will explain this provision to you at the time of resignation. Re-employment If you are on FMLA leave, you are entitled, upon return, to be restored to the position you held when the leave began or an equivalent position with equivalent pay, benefits and other terms and conditions of employment. If the original worksite has been closed or moved and other associates were transferred to another worksite, you would have the same rights for transfer as would have been available had leave not been taken. If you take unpaid leave due to your own serious health condition, you must submit a fitness-for-duty report prior to returning to work. This report must state that you are able to perform the essential functions of your position. When Restoration Rights Are Denied There are six reasons why you may not be restored to your former position at the end of FMLA leave: 1 You cannot perform the essential functions of the job, with or without a reasonable accommodation. 2 You failed to provide a required fitness-for-duty certification. 3 You would pose a significant risk to your health or safety or the health or safety of other associates or clients. 4 Your job was eliminated or you were laid off. 5 You held a highly compensated position that is exempt from the required restoration of employment by ICMA‑RC. 6 You do not return to work on the agreed-upon date and do not contact ICMA‑RC within three days of that date. Failure to Return to Work If you have been granted a Full-Time Leave and fail to return to work at the expiration of your leave for any reason other than a continued, verified serious health condition, you will be deemed to have voluntarily resigned as of the date you failed to return to work. If you choose not to return to work from an unpaid leave for a reason other than a continued serious health condition or other circumstances beyond your control, you may be required to reimburse ICMA‑RC the amount it paid for your health insurance premiums during your FMLA leave period. If you fail to return to work and are terminated from ICMA‑RC, you will generally no longer be eligible to participate in ICMA‑RC benefit plans. To qualify for continuation of current health care coverage under COBRA, you and your dependents must have been participating in the medical or dental plans prior to your leave.

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Associate Handbook August 2016 | 88

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