(A) Duration. In addition to the rights provided by the Family and Medical Leave Act, employees may be eligible for a medical leave of absence. Eligible employees may be granted up to 12 weeks away from work due to an acceptable reason for leave.
(B) Eligibility. Medical leave is only granted to employees who are eligible for and have exhausted family and medical leave benefits.
(C) Reason for leave. Medical leave of absence may be granted for either:
(1) An employee who is unable to work because of his or her own serious health condition; or
(2) An employee to care for an immediate family member with a serious health condition (family member and serious health condition are determined using the definition established by the Family and Medical Leave Act.)
(D) Request for leave. Requests for medical leave must be submitted to the employee’s Department Head 30 days prior to the commencement date, except when medical conditions make such a requirement impossible. A request form is found at the back of the Personnel Policies, as set forth in § 36.085.
(E) Benefits during leave of absence.
(1) All accrued benefit time (sick, vacation and holiday) must be used to pay an employee prior to beginning the unpaid portion of the leave.
(2) During the period of an employee’s leave of absence, 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 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 upon return to work. If arrangements are not made to reimburse the county, then insurance coverage shall revert to a single plan.
(3) Sick, holiday and vacation leave will not accrue while an employee is on medical leave of absence.
(F) Rights and benefits upon return to work. Upon returning to work, employees taking advantage of the medical leave benefits will be reinstated to the first available job opening for which they are qualified without loss of service or credit or benefit entitlement. If no position is available, the employee’s status with the court will continue to be that of an unpaid (or paid depending on the employee’s available benefit hours) employee. However, no employee may take more than 12 workweeks (paid or unpaid) of medical leave of absence during any 12-month period without formal approval of the Fiscal Court.
(Order 9, passed 2-10-2004)
Cross-reference:
Forms, see § 36.085