(A) Employees who have been employed at least 12 months with the county and who have worked 1,250 hours or more in the preceding 12 months are entitled to Family and Medical Leave (FMLA). The FMLA permits employees to take a maximum of 12 weeks of leave during one year: (a) for the birth and care of a newborn child of the employee; (b) for the placement with the employee of a child for adoption or foster care; (c) to care for an employee’s spouse, child or parent with a serious health condition; or (d) to attend to their own serious health condition. A SERIOUS HEALTH CONDITION means an illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider. Employees should contact Human Resources as soon as possible of the potential need for FMLA.
(B) An eligible employee is entitled to the equivalent of a total of 12 work weeks of leave (paid and unpaid leave) during any 12-month period prior to or after the commencement of leave if proper medical documentation is provided to the York County Human Resources Department within 15 days of notice of such requirement. An employee who must be absent from work due to family and medical leave will be paid for time lost from work solely from accrued sick and annual leave balances, and any remaining portion of the 12-week period during which the employee is absent from work shall be without pay.
(C) At the conclusion of the leave of absence, the employee is entitled to reinstatement to his or her former position or to an equivalent position. Proper medical “return to work certifications” must be provided to Human Resources prior to returning to work. In no case shall an employee have a greater right to a job than he or she would have had if he or she had not taken leave under this policy. The employee must demonstrate that he or she is fit for duty and must give reasonable notice of his or her intent to return to work. Following the family and medical leave, employees may request physical disability leave or personal leave as described in this code.
(D) An eligible employee is entitled to 26 weeks of family and medical leave to care for an injured or sick service member that is their next of kin as defined in Department of Labor Regulations, during any 12-month period prior to or after commencement of family and medical leave, without pay except as otherwise provided in this code.
(E) An eligible employee that is a spouse, son or daughter, or parent of an activated military service member may be entitled to the equivalent of 12 work weeks of leave (paid and unpaid) during any 12-month period prior to or after the commencement of leave as long as the Department of Labor regulations are met and by submitting appropriate documentation to substantiate the necessity of such leave. Eligible family members shall be those members of the family defined in applicable Department of Labor regulations.
(‘77 Code, § 13-73) (Ord. 6896, passed 12-16-96; Am. Ord. 5308, passed 9-2-08; Am. Ord. 1214, passed 5-5-14)