Family Medical Leave Act (FMLA)
In accordance with the Family and Medical Leave Act of 1995 (FMLA), an eligible employee is entitled to 12 weeks of FMLA leave during a rolling 12 month period, which is measured backwards from the date the employee requests the leave. The employee is entitled to be reinstated, if qualified, into the same or an equivalent position upon returning from FMLA leave. An employee must use all accrued sick and annual leave for an FMLA qualified absence before using unpaid leave. An employee may request that compensatory time be used during an FMLA qualified absence; however, it will not count against the 12-week FMLA entitlement.
Definitions for FMLA Purposes
Parent: the biological parent of an employee or an individual who acted in the capacity of a parent ("loco parentis") to the employee when the employee was a child.
Son or daughter: a biological, adopted or foster child, a stepchild, legal ward, or a "child"of a person acting as a parent ("loco parentis"). A child must be under the age of 18, unless the child is incapable of self-care because of a mental or physical disability.
Spouse: a husband or wife.
Serious health condition:
an illness, injury, impairment, or physical or mental condition that involves:
(1) inpatient care in a hospital, hospice or residential care facility;
(2) an absence of more than three (3) consecutive days and under continuing treatment by a medical provider, or
(3) an absence of fewer than three (3) consecutive days but under continuing treatment by (or under the supervision of) a health care provider for a chronic or long term condition.
Examples of specific conditions cited by the regulations include: pre and post natal care, heart attack, heart condition requiring bypass or valve operations, cancer, back conditions requiring extensive therapy or surgical procedures, stroke, severe respiratory problems, spinal injuries, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job, treatment for allergies, stress and substance abuse.
Eligibility
To qualify for FMLA leave, an employee must have worked for the County for at least 12 months or 52 weeks AND have worked at least 1,250 hours during the 12-month period immediately preceding the dates of the FMLA leave. The 12 months need not have been consecutive and an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or on leave during the week.
Types of Leave
Regular: an employee needs time off for a continuous uninterrupted block of time (e.g., October 1 through December 8).
Intermittent: an employee needs to take a full day off from work due to a qualifying reason but then returns to work for a day or two and then takes a full day off for the same condition (e.g., taking a spouse for radiation treatment every Tuesday for 10 weeks).
Reduced: an employee needs to take only a portion of a day off or work a different schedule for a period of time (e.g., an employee must leave at 3 p.m. each day for six weeks to attend physical therapy).
The County may temporarily transfer an employee to another position when an employee requires intermittent or reduced leave if the alternative position has equivalent pay and benefits and if it would better accommodate the employee's medical need for recurring periods of leave. In addition, the total amount of intermittent or reduced schedule leave may not exceed 12 weeks in a rolling 12 month period.
Reasons for Leave
An employee may take FMLA leave for any of the following reasons:
1. The birth of a son or daughter and in order to care for such son or daughter.
2. The placement of a child with the employee for adoption or foster care.
3. To care for a spouse, son, daughter or parent with a serious health condition.
4. Because of the employee's serious health condition which renders the employee unable to perform an essential function of their job.
Leave taken for reasons 1 or 2 above must be completed within the 12-month period beginning on the date of birth or placement. In addition, if both an employee and spouse are employed by the County and request leave because of reasons 1 or 2 or to care for an employee's parent with a serious health condition, that leave may only equal a combined total of 12 weeks during any 12-month period.
Procedure for Requesting Leave
An employee requesting FMLA leave must submit a written request to their supervisor at least 30 days in advance, if the leave is foreseeable. When the leave is not foreseeable, an employee should notify their immediate supervisor as soon as practicable (within one or two business days) of the need for FMLA leave. Failure to request the leave in advance may delay the leave. In addition, if an employee is planning a medical treatment or is requesting intermittent or reduced schedule leave, a reasonable effort should be made to schedule the treatment or time off to minimize disruption of the employee's department. Applications for requesting FMLA leave may be obtained from the Department Head or the Department of Human Resources.
Medical Certification of a Serious Health Condition
If an employee is requesting FMLA leave for their own or a covered relation's serious health condition, a completed Certificate of Physician must be submitted with the application for FMLA leave. If an application for FMLA is received without the Certificate of Physician, an employee will be notified by the Department of Human Resources of the need for the completed medical certification which would be due within 15 days from the date of the notification. Failure to provide medical certification when requested may result in denial of FMLA leave until such certification is received. The County may, at its expense, select a physician to provide a second opinion if there is doubt as to the validity of the medical certification. If the second health care provider's opinion conflicts with the original medical certification, the County, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion.
If an employee is requesting intermittent or regularly scheduled FMLA leave, the Certificate of Physician should state the medical necessity for using such leave and include the dates and duration of treatment.
Certificate of Physician forms may be obtained from the Department Head or the Department of Human Resources.
Use of Paid and Unpaid Leave
The County requires that accrued paid leave (annual and/or sick) be substituted for unpaid leave until such paid leave runs out. The substitution of paid leave for unpaid leave does not extend the 12 week FMLA leave period. If an employee does not have enough accrued annual and sick leave to cover their absence due to their own serious health condition, leave donations may be requested through the employee Leave Donation Program.
An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a covered relation must use accrued sick and annual leave prior to taking unpaid leave.
An employee who is taking leave for the birth of a child must use accrued sick leave for the physical recovery following child birth. If the employee does not have enough accrued sick leave, accrued annual leave must be used for the physical recovery time period as well as for the remainder of the 12 week period prior to taking unpaid leave.
An employee who is taking leave for the adoption or foster care of a child must use accrued annual leave prior to taking unpaid leave.
FMLA Coordination with Workers' Compensation
Days off due to a work related injury will be designated as FMLA leave if the criteria for FMLA leave is met. The County's workers' compensation policy provides that an employee receive full pay for the first 30 days of absence following a work-related injury. After 30 days, the employee would be placed on leave without pay and may not substitute paid leave for unpaid leave for the remainder of the FMLA qualified absence. An employee is not eligible to receive leave donations for absences that are covered by workers' compensation due to a work related injury or illness.
Reporting While on Leave
An employee who is on leave for their own serious health condition or to care for a covered relation, must contact their immediate supervisor on Thursday of each week regarding the status of their condition and intent to return to work. In addition, an employee must give notice as soon as practicable (within two business days, if possible) if the dates of FMLA leave change or need to be extended beyond the dates originally approved. New medical certification will be required to extend FMLA leave beyond the dates originally approved.
Employee Status and Benefits During Leave While an employee is on leave, the County will continue the employee's health benefits at the same level and under the same conditions as if the employee had continued to work.
If an employee is on paid leave, the County will continue payroll deductions for the health insurance premiums as well as any life insurance or other voluntary benefit plan. If an employee is on unpaid leave, the employee will receive a bill each month for the appropriate insurance premiums and is responsible for paying the premiums in a timely fashion. If the employee does not pay the outstanding health insurance premium amount within 30 days of the due date, an employee's health insurance may be canceled due to non-payment of premiums or the County will recover the payment amounts at the end of the leave period in a manner consistent with the law.
Returning to Work
When an employee who has been out on FMLA leave for their own serious health condition is ready to return to work, a Physical and Functional Evaluation form which has been completed by their doctor must be submitted to the Department of Human Resources. A current job description should be attached to the Physical and Function Evaluation Form when submitted to the doctor for completion. It is an employee's personal responsibility to ensure the evaluation is completed and returned to the Department of Human Resources within the proper time frame. An employee will not be allowed to return to work until the completed form is received.
If the evaluation form indicates that an employee is not fully recovered, it will be the decision of the employee's department head whether or not the employee may return to work under the restrictions indicated by the physician. Physical and Functional Evaluation forms may be obtained from the Department Head or the Department of Human Resources.
An employee returning from FMLA leave is entitled to be reinstated, if qualified, into the same or an equivalent position with equivalent employment pay, benefits and other terms and conditions of employment.
