(A) The Family and Medical Leave Act (FMLA) of 1993, being 29 USC §§ 2611 et seq., requires covered employers with at least 50 employees to provide eligible employees with up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The FMLA applies to all public agencies, including state, local and federal employers. Thus, Woodford County is a “covered” employer as defined in the legislation.
(B) Employee eligibility.
(1) To be eligible for FMLA benefits, an employee must:
(a) Work for a covered employer;
(b) Have worked for the employer for a total of 12 months;
(c) Have worked at least 1,250 hours over the previous 12 months; and
(d) Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
(2) All full-time and part-time employees are eligible for this benefit once they have met the eligibility requirements stated above.
(C) Leave entitlement.
(1) The county will grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period beginning from the date an employee’s first FMLA leave begins, for 1 or more of the following reasons:
(a) For the birth and care of the newborn child of the employee;
(b) For placement with the employee of a son or daughter for adoption or foster care;
(c) To care for an immediate family member (spouse, child or parent) with a serious health condition; or
(d) To take medical leave when the employee is unable to work because of a serious health condition.
(2) In the event the county employs both the husband and the wife, the aggregate amount of leave allowed for purposes of childbirth or adoption, or taking care of a sick parent is no more than 12 workweeks during any 12-month period.
(D) Serious health condition. In context of this policy, a SERIOUS HEALTH CONDITION means an illness, injury impairment, or physical or mental condition that involves 1 of the following:
(1) Hospital care. Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care;
(2) Absence plus treatment. A period of incapacity of more than 3 consecutive days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(a) Treatment 2 or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of or on referral by a health care provider; or
(b) Treatment by a health care provider on at least 1 occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
(3) Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care;
(4) Chronic conditions requiring treatment. A chronic condition which:
(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
(b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy and the like).
(5) Permanent/long-term conditions requiring supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of but need not be receiving active treatment by a health care provider. Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease; or
(6) Multiple treatments (nonchronic conditions). Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of or on referral by a health care provider, either for restorative surgery after an accident or other injury; or for a condition that would likely result in a period of incapacity of more than 3 consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation and the like), severe arthritis (physical therapy) and kidney disease (dialysis).
(E) Notice.
(1) Birth or adoption of a child or foster care. Employees are required to give 30 days’ notice of the need for leave when the need for leave is foreseeable. If the need for leave is not foreseeable, the employee must give as much notice as is reasonably practical. An employee’s right to leave for a birth or placement for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement.
(2) Planned medical treatment for serious health condition. Employees are required to give 30 days’ notice unless there is a medical emergency or unforeseen event. Where leave is necessary for planned medical treatment, the employee is required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the county’s operations.
(F) Timing of leave. The 12 weeks’ leave may be taken consecutively or intermittently if medically necessary. Employees needing intermittent FMLA leave must attempt to schedule their leave so as not to disrupt the county’s operations. The county reserves the right to assign the employee to an alternative position with equivalent pay and benefits during the period of intermittent leave, if the position better accommodates the employee’s need for FMLA leave.
(G) Certification.
(1) The county will require that a claim for medical leave be supported by a medical care provider’s certification. To comply with this requirement, any employee requesting the leave will be provided with a copy of Form WH-380, Certification of Health Care Provider, developed and approved (March 1995) by the United States Department of Labor.
(2) In the event the county has reason to doubt the adequacy of the medical certification, the county may seek a second, nonbinding opinion at the county’s expense. If that opinion differs from the opinion obtained by the employee, a third, binding opinion can be obtained, at the county’s expense, from a health care provider agreed upon by both the employee and the county.
(H) Substitution of paid leave. It is the policy of Woodford County that employees will be required to substitute accumulated paid leave for FMLA leave. Respectively, the employee shall utilize sick leave and vacation leave in place of unpaid leave. To the extent the employee does not have 12 weeks of accumulated leave, the remainder shall be unpaid leave.
(I) Benefits during leave.
(1) During the period of an employee’s FMLA leave the county will continue to provide all health care benefits that are provided as part of the employee’s employment. While an employee is on Family Medical leave he or she shall continue to pay to the county any insurance premiums he or she is currently paying by payroll deduction or make a written arrangement to adjust payroll deductions when he or she returns to work. If arrangements are not made to reimburse the county, then insurance coverage shall revert to a single plan, and the employee shall sign all necessary papers.
(2) Sick, holiday and vacation leave shall accrue while an employee is on Family Medical Leave.
(J) Rights and benefits upon return to work.
(1) Upon return to work from FMLA leave, an employee shall be restored to the position he or she held when the leave began, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. The FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. In instances where an employee has taken FMLA leave due to personal illness, the employee will be required to provide certification from a medical care provider of the employee’s fitness to return to work. If the employee does not return to work, the balance of all unpaid insurance premiums shall be due within 30 days of the last day of insurance coverage. If an employee does return to work and his or her employment is terminated prior to full reimbursement to the county, the balance of unpaid insurance premiums shall be due within 30 days of the last day of insurance coverage.
(2) Exceptions to this policy shall be made as required to ensure compliance with the Family and Medical Leave Act.
(3) The county expressly reserves the right to deny the previous job to key employees in instances where the restoration would result in substantial and grievous economic injury to the county.
KEY EMPLOYEE is defined as a salaried FMLA-eligible employee who is among the highest-paid 10% of all county employees.
(Order 10, passed 5-27-1998)
Cross-reference:
Paid parental leave policy, see § 36.087