11 - Agreement with Richard Drake Construction for concrete demolition & construction services

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orderto do so, the employer must: • Notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • Notify the employee as soon as the employer decides it will deny job restoration and explain the reasons for this decision; • Offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and d Make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE ANCERTIFICATION Employees seeking to use FMLA leave are required to provide 30 -day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: Medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; Second or third medical opinions (at the employer's expense) and periodic recertification; and Periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employers operation. Covered employers must inform employees of their rights and responsibilities under FNILA, including giving speck written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave. UNwL.AWFUL ACTS It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to terminate or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA. ENFORCEMENT The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved, the U.S_ Department of Labor may bring action in court to compel compliance. Individuals may also bring a private civil action against an employer for violations. 24