When AIM requests an FMLA certification, the employee generally must return a complete and sufficient certification within 15 calendar days. If a certification is incomplete or insufficient, AIM will identify the deficiency and allow seven calendar days to cure it. After giving the employee an opportunity to cure, Human Resources may contact the provider for authentication or clarification in accordance with applicable law. AIM may require second and third opinions at its expense where permitted.

During FMLA leave, the agency may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA and provide periodic reports regarding the employee’s status and with intent to return to work. Before the employee returns to work from FMLA leave for the employee’s own serious health condition, the employee may be required to submit a fitness for duty certification from the employee’s health care provider.

Use of PTO During Leave

When leave qualifies for both FMLA and New York Paid Family Leave, the leaves will run concurrently to the extent permitted by law. Employees may elect to use available PTO as permitted by AIM’s Paid Family Leave policy to supplement or replace Paid Family Leave benefits. For FMLA leave that does not qualify for Paid Family Leave, employees must use accrued paid leave as stated in this section before taking any remaining FMLA leave unpaid.

AIM Notifications

The agency will notify 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 Agency will provide a reason for the ineligibility. The agency will also notify the employee that leave has been designated as FMLA leave and the amount of leave counted against the employee's leave entitlement. If the agency determines that the leave is not FMLA-protected, it will notify the employee.

Benefits – for Qualifying Leaves under the FMLA

For employees enrolled at the time of leave, coverage will continue while the employee is on leave under the same conditions as if the employee had continued to work, for up to the maximum 12 or 26 weeks as follows:

• A.Employees on unpaid leave are required to submit the employee's contribution/co-pay to the Payroll Department each payday (the same as if working and it were deducted from payroll). Employees on paid leave (benefit time) will continue to have the co-pay deducted from their payroll check. If the employee's payment of health insurance is more than 30 days late, the agency may discontinue health insurance coverage upon notification to the employee.
• B.AIM may recover premiums paid to maintain health coverage for an employee who fails to return to work from FML or submit their co-payments (unless due to a serious health condition or circumstances beyond the employee's control).
• C.Employees whose coverage has canceled will be eligible to enroll upon return to work following FML.

Other Benefits

• A.Employees on unpaid leave are eligible for paid time off (PTO) accrued prior to the leave.
• B.These benefits will not accrue while on unpaid leave but will begin accruing based on return-to-work date.
• C.Employees on unpaid leave will be eligible to continue non-FMLA eligible cafeteria plan elections by submitting premiums to the Fiscal Department at the same time as such payments would be made if they were paid via payroll deductions. If an employee does not pay their share of the premiums for the period of the leave, coverage will cease in accordance with the