3.09.090 Family and Medical Leave Act/California Family Leave Act.
A. General Purpose. This policy describes the circumstances and conditions under which an employee may take family care and medical leave in accordance with the provisions of the Family and Medical Leave Act (hereinafter FMLA). The policy is applicable to all county departments, and provides a uniform procedure for processing requests for leaves available under the FMLA to all eligible county employees. It is separate and distinct from any other leave policies, procedures, or employee bargaining agreement provisions that are available to Sierra County employees.
B. General Application. The FMLA leave policy will not diminish the county’s obligation to comply with any employee bargaining agreement, county policy, or benefits plan that provides the greatest benefit to the employee. This policy will supplement leaves available to employees through employee bargaining agreements, or other county leave policies, and will represent the county’s policy and guide for applying FMLA leaves when employee bargaining agreements, county policies, and state leave laws are silent or less generous than the leaves available under the Federal Family and Medical Leave Act. This policy will be made available and shall apply equally to both male and female employees.
C. Available Leave. Eligible employees are entitled to take a maximum of 12 work weeks of leave during a 12-month period. The 12-month period shall begin on the first day that leave is taken. FMLA leave may be used for any of the following purposes:
1. Child Care Leave. Child care leave can be taken by an employee for the birth, adoption, or foster care placement of a child in order to care for the child.
a. Child care leave must be concluded within 12 months from the date of the birth, adoption, or foster care placement. Foster care must require state action, rather than just an informal arrangement to take care of another person’s child.
b. Child care leave may be taken intermittently if approved by the respective appointing authority. If approved, such leave may be taken in increments of eight hours or more.
c. In cases where both parents of a child are employed by the county, both parents will not be granted leave concurrently, nor in amounts totaling more than four months combined leave in a 24-month period for both parents.
d. In order to provide departments sufficient time to accommodate requests for leave, employees who foresee taking leave for FMLA child care purposes are encouraged to provide notice at least 30 days prior to the date leave is anticipated to begin, or such notice as may be practicable if leave becomes necessary before a 30-day notice can be given. FMLA child care leaves will not be denied, but may be temporarily delayed if reasonable advance notice is not provided to the respective department.
2. Family Care Leave. Family care leave can be taken by an eligible employee for care of a family member (spouse, son, daughter, or parent) who has a serious health condition.
a. For purposes of FMLA leave, a “family member” is defined as:
i. The employee’s spouse as defined in California Family Code Section 300;
ii. A child (under the age of 18) who may be biological, adopted, foster, stepchild, legal ward, or one for whom the employee has day-to-day care and financial responsibilities;
iii. A child (over the age of 18) who is incapable of self-care because of a mental or physical disability;
iv. An employee’s parent means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or a person who acted in place of a parent (i.e., in local parents) in relation to an employee when the employee was a child. A county department head, or the Administrative Director, may request that an employee requesting FMLA leave submit proof of a parental relationship.
b. A “serious health condition” means an illness, injury, impairment, or physical or mental condition which involves either:
i. Inpatient care in a hospital, hospice, or residential health care facility; or
ii. Continuing treatment or continuing supervision by a health care provider of more than three calendar days; or
iii. Continuing treatment or continuing supervision by a health care provider for a chronic or long term health condition that is incurable or so serious that, if not treated, would likely result in incapacity for more than three calendar days; or for prenatal care.
c. Employees requesting leave under family care must present a certification from a health care provider containing the date on which the serious health condition commenced, the probable duration of the condition, a statement that the employee is needed to care for the family member, and an estimate of the amount of time such care will be required.
d. Employees taking leave under family care may take leave intermittently upon production of a health care provider’s certification that the intermittent leave is necessary for, or will assist, the care of the family member. To the extent possible, such certification should provide the dates and duration any treatment and leave is expected. Employees using leave on an intermittent basis must try to schedule the leave to minimize disruption to normal operations. An employee may be reassigned to an alternative position with equivalent pay and benefits that better accommodates the recurring periods of leave.
e. Employees who anticipate taking family care leave to care for a seriously ill family member must provide as much advance notice to the department as may be practicable under the circumstances surrounding the health condition. FMLA family care leaves will not be denied, but may be temporarily delayed if reasonable advance notices, or required medical certifications, are not provided to the appointing authority.
3. Self-Care. Self-care leave can be taken when an employee is unable to perform the essential functions of the position that the employee holds because of a serious health condition.
a. Employees seeking leave for self-care must have a serious health condition, as defined by subsection (C)(2)(b) of this section.
b. Employees requesting leave under self-care must provide a certification from a health care provider containing the date the serious health condition commenced, the probable duration of the condition, and a statement that the employee is unable to perform the essential functions of the position. Employees seeking the certification must provide the health care provider with the county’s written job description and/or list of essential functions of the position.
c. Employees taking leave under self-care may take the leave intermittently upon production of a health care provider’s certification that the intermittent leave is medically necessary. The certification must indicate, if possible, the expected duration of the leave. Employees who elect to use the available leave on an intermittent basis must try to schedule this leave in a way to minimize disruption to normal operations when possible. An employee may be reassigned temporarily to an available alternative position with equivalent pay and benefits that better accommodate the recurring periods of leave.
d. Employees who anticipate taking self care leave for a serious leave condition are encouraged to provide as much advanced notice to the Administrative Director as may be practicable under the circumstances surrounding the health condition.
4. Required Certifications. Failure to provide the required health care medical certifications may result in denial or postponement of the leave or request for leave. The county may request, at the county’s expense, that an employee submit a second opinion from a health care provider designated and approved by the county. The county may require an employee to obtain subsequent medical recertification, on a reasonable basis, as a requirement for continued leave approval. An employee who has been on leave for self care will be required to present a certification of fitness for duty from a health care provider prior to commencement of work.
D. Leave Calculation.
1. An employee is eligible for FMLA leave if all of the following criteria are met:
a. The employee has been employed by Sierra County for at least 12 months; and
b. The employee has been employed for at least 1,250 hours during the immediately preceding 12-month period; and
2. The 12-month period for FMLA eligibility begins with the date of first absence qualifying for FMLA leave, and rolls forwards from that date. FMLA leave may be taken in either a block form or on an incremental basis.
3. When calculating the eligible leave, the calculation will be based on actual hours worked during the previous 12-month period. In other words, this calculation will not include any paid time off, such as vacation, sick leave, compensatory time off, or holiday leave.
E. Use of Accrued Paid Leave While on FMLA Leave. The employee shall be required to also use sick leave, vacation, and compensatory time off (CTO) while on FMLA leave; except that employees shall have the option of retaining up to 40 hours of accrued vacation leave and up to 80 hours of accrued sick leave on the books.
F. Benefits While on Leave. Subject to the following requirements and restrictions, during any period of approved leave under this section, an employee’s group health insurance coverage will be maintained at the same level and under the same conditions as before the leave began. For part-time employees, the coverage will be computed on an average of the previous 12-month period.
1. Employees who normally make a contribution toward their health insurance coverage must continue to do so. If on paid leave, the employee’s contribution will be collected in the same manner as if the employee were reporting to work with appropriate deductions being made from the employee’s paycheck. During periods of unpaid leave, the employee must make payment arrangements with the Auditor’s Office, prior to commencement of the leave, for the payment of the employee’s share of the insurance premium. If an employee fails to make payment for his or her share of the medical insurance for more than 60 days, the county shall be entitled to drop the employee from the health insurance plan/coverage.
2. An employee who does not return to duty from an unpaid leave under this policy will be liable for the county’s group health insurance premium contribution and any part of the employee’s share paid by the county during the unpaid leave, unless the failure to return to duty is caused by continuation, recurrence, or onset of a serious health condition that would entitle the employee to leave under this policy, or for circumstances beyond the employee’s control. Where recovery of premiums is permitted, the county shall be entitled to offset the amount against any final pay or monetary benefit to which the employee would otherwise be entitled.
3. Employees will not accrue other benefits (i.e., sick leave, vacation, holidays, seniority for the purposes of grade or longevity steps) while in an unpaid leave status, including seniority rights, unless these benefits are authorized by an applicable employee bargaining agreement, County Code provision, or any other applicable ordinance or statute.
G. Return to Duty. Upon return to duty, an employee who has been on leave is entitled to restoration to the former position, or if that is not possible, to an equivalent position with equivalent pay and benefits.
An employee who has taken leave for self care will be required to present a certification of fitness for duty from a health care provider prior to commencement of work. Failure to provide the certification may cause denial of reinstatement.
H. Role of Auditing Department. The Auditing Department will be responsible for ensuring that this leave policy is uniformly and equitably applied throughout all county departments. The Personnel Department will provide information and assistance to county departments when reviewing employee leave requests for FMLA leaves. All requests for FMLA, required medical certifications, and related information will be submitted by departments and reviewed by the Auditor who will decide if the request for leave meets the leave requirements of the Family and Medical Leave Act and this policy. Leaves meeting the requirements of the Act will be approved for processing by the Auditor.
I. Forms. All applicable FMLA forms are available from the Auditing Department and may be obtained upon request. Forms include:
1. Family and medical leave request form;
2. Family medical certification form;
3. Your rights under the Family and Medical Leave Act of 1993.
J. Complaint Procedure. Any employee who receives a denial of a request for FMLA leave by a county department head may appeal the matter to the Auditor. Final authority to approve or deny a leave for FMLA reasons will rest with the Auditor.