(A) The County recognizes that employees may need time off to care for the medical needs of themselves, their children, their spouses and their parents. In order to comply with the Family and Medical Leave Act (“FMLA”), the County has developed this policy to provide eligible employees the necessary flexibility to manage their careers and family needs. To the extent that the FMLA provides greater family or medical leave rights to employees than are provided under existing policies, the requirements of the FMLA will prevail and will supersede existing policies. Leave time taken under other policies, which would qualify as leave under the FMLA, will be taken into account when computing the FMLA leave.
(B) The following information should be viewed only as an outline of FMLA. Please contact the Human Resource Consultant for specific details.
(C) Eligibility
(1) To be eligible for the FMLA, an employee must have been employed for at least twelve (12) months and must have worked at least 1,250 hours during the previous twelve (12) month period. The FMLA entitles eligible employees to take up to twelve (12) weeks unpaid leave of absence during a twelve (12) month rolling period. Leave may be taken on either a “block” basis (from the start date continuously until the employee returns or leave is exhausted) or on an intermittent basis. In the event that the leave is intermittent, leave will be granted in increments of no less than 15 minutes.
(2) FMLA leave does not need to be taken in conjunction with leave due to an on-the-job injury (worker compensation).
(D) Reasons For Leave - Employees may be granted 12 (twelve) weeks of leave for any of the following reasons (unless otherwise noted):
(1) To care for a newborn child, newly adopted or newly placed foster child. The employee's right to leave for this reason ends twelve (12) months after the birth, adoption or placement of the child with employee.
(2) To care for a family member such as a spouse, child or parent who has a serious health condition (under the care of a health provider) and prevents that individual from performing their regular activities for three or more days.
(3) For a serious health condition (under the care of a health care provider) which debilitates the employee and prevents that individual from being able to perform his/her duties at work for three or more days.
(4) Exigency Leave - Any qualifying exigency (arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
(5) Servicemember Family Leave - An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the service member. The leave described in this paragraph shall only be available during a single 12-month period. During the single 12-month period described above, an eligible employee shall be entitled to a combined total of 26 workweeks of leave.
(E) Written Notification - All notification of leave under the FMLA, including extensions, will be provided to County employees in writing in accordance with federal regulations. In turn, the employee will also make all requests for such leave in writing. In those situations where, due to an emergency, notification cannot readily be provided in writing, the employee will be requested to provide such notice as soon as possible using all federally approved forms. Employees have a responsibility to notify their employer as soon as possible once they are aware that a leave that may qualify under FMLA may be needed. Employees seeking leave should contact the County Insurance Department in addition to their supervisor/office holder.
(F) Computing Leave Time - The twelve (12) month period for taking leave will be measured on a rolling calendar basis measured from the last leave. In the event that the leave is taken intermittently, the leave shall be measured from the first day of leave.
(G) Extension of Leave - FMLA leave may not be extended beyond twelve (12) weeks to any employee without the written approval of the department head and elected official.
(H) End of Leave Notification - Departments are required to notify the County's Human Resources Consultant at least two (2) weeks prior to the end of any leave so that proper federally approved forms may be sent to the employee notifying him/her of the end or extension of their leave.
(I) Special Limitations - The Act includes a special provision in the event of a birth, adoption or placement of a foster child, and where both parents are employed by the County. In those cases, a total of 12 weeks of leave is available to the parents and may be taken in any combination of leave providing the total taken by both individuals does not exceed 12 weeks.
(J) Substitution of Paid Leave
(1) FMLA leave is unpaid. However, employees who are eligible for short-term disability must utilize that leave in conjunction with FMLA. Employees must use all accrued sick leave while on FMLA, except for five (5) days which may be banked for future use. In addition, the employee may, at his/her discretion, substitute vacation which they have earned or accrued for part or all of the FMLA leave and count it against the maximum twelve (12) week entitlement (or in the event of a servicemember leave, twenty-six (26) weeks).
(2) An employee who exhausts his/her FMLA and all paid time off (vacation, sick/personal time) may be provided up to 10 (ten) days of unpaid leave in the succeeding twelve (12) months (from the last day of leave) following an approved leave, subject to the approval of that employee's department head/elected official in consultation with the County's Human Resource Consultant.
(K) Health Insurance Coverage While On Leave - Group health and/or dental insurance coverage for employees while on leave will be continued on the same basis as coverage would have been provided had the employee been continuously employed during the leave period. Any share of health and/or dental insurance premiums which had been paid by the employee prior to the leave, must continue to be paid by the employee during the leave period. If paid leave is substituted as discussed above, the employee's portion of the premium will be paid by payroll deduction. If all or part of the leave is unpaid, the employee must make arrangements with the Insurance Office for a mutually agreeable schedule for paying the employee's portion of the premium. The employee's failure to make the necessary contributions will lead to the cancellation of group health and/or dental insurance coverage.
(L) Failure to Return from FMLA Leave - If the employee does not return to work following leave (depending on the reason for the employee's failure to return to work), the County reserves the right to recover all group health and/or dental insurance premiums paid by the County during the leave period. The reimbursement will be based on the cost of COBRA coverage.
(M) Status Report and Medical Certification Prior to Returning from Leave
(1) An employee on FMLA leave must report to their department head every two (2) weeks on his/her status (including if leave is taken for a family member), as to whether they intend to return to work and the date which they will return to work, if known.
(2) Employees who take FMLA leave due to their own serious health condition must provide a fitness-for-duty medical certification from their treating health care provider prior to being permitted to return to work. Under no circumstances will an employee who fails to provide certification be permitted to return to work. Fitness-for-duty is not required if leave is taken to care for a family member.
(N) Job and Benefit Protection
(1) Employees returning from FMLA leave will be given the same job they had when they left on leave or an equivalent job with equivalent pay, benefits and other employment terms, including no loss in years of service. Employees who fail to return to work at the end of leave, lose their rights to be returned to their former jobs or equivalent positions.
(2) The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of leave. However, employees will not accrue any type of leave benefit while they are on non-pay status.
(O) Changes in Regulation - The Family and Medical Leave Act is subject to updates, changes and amendments by Congress and the U.S. Department of Labor, Wage and Hour Division. In the event that such change conflicts with this handbook or other County policy, the current federal law or regulation shall apply.
(P) Definitions - The following definitions will be used:
(1) A “child” refers to a biological, adopted, foster, or “step” child, a legal ward, or a person less than eighteen (18) years of age, for whom the employee has the responsibility to provide care and support, Additionally, a “child” is considered a person eighteen (18) years or older who is incapable of self-care due to a physical or mental disability. A “parent” refers to an individual's natural parent or a parent who has/had legal custody of a child as described above. The aforementioned age definition shall not apply to leave taken for the care of a servicemember or due to an exigency leave.
(2) Health care provider includes:
(a) Doctors of medicine or osteopathy authorized to practice medicine
(b) Podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse-midwives, clinical social workers (each performing within their scope of practice)
(c) Christian Science practitioners listed with the First Church of Christ, Scientist of Boston, or
(d) Any health care provider recognized by the County's group health plan.