AG 2009 09 21 - Laserfiche WebLink

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• For military caregiver leave to care for an ill or injured servicemember (employee's spouse, son, daughter, parent, or next of kin) with a serious illness or injury incurred in the line of duty while on active duty. Next of kin is defined as the closest blood relative of the injured servicemember. The twelve-(123 month period for determining leave entitlement will be a rolling 12 month period. The 12 months immediately preceding the current leave request will determine the entitlement. Eligible employees are entitled to up to'"*"',12 weeks of unpaid FMLA leave less any leave used for a qualifying FMLA purpose during the precedingtwelve-{-~12 months. Employees may not take more than twelve-12 weeks unpaid/paid leave for a qualifying FMLA purpose in any 12 month period;. tt+~{ess-tie-An employee may be allowed additional ln~accrued paid leave ' ~t--~ r' take-leave without pay on reconunendation of the department head and approval of the County Manager. Military caregiver leave may extend up to 26 weeks in a single 12 month period beginning the date caregiver leave begins. FMLA leave ah•eady taken for other FM[.A reasons is deducted from the 26 available weeks. An FMLA covered absence runs concurrently with the use of available accrued leave and compensatory time for the FMLA absence. An FMLA covered absence also runs concurrently with a Workers' Compensation absence. Available accrued leave and compensatory time must be used for an FMLA absence prior to the use of approved leave without pay, except for a Workers' Compensation absence. (b) The use of paid leave for a purpose defined in the FMLA will qualify toward the time the County is requited to make available to au employee eligible for leave under the Act. As in any leave situation, County employees will use all available paid leave time and compensatory time before being allowed to use unpaid leave. Employees may request the use of afi accrued available paid leave benefits, according to policy, even if it exceeds the 12 week masinnun under the FMLA. If the available paid leave is not sufficient to covet the leave requested for a FMLA purpose, maximum 12 weeks in any 12 month period, the remaining leave is unpaid leave. (c) tttCAn employee will-k~eis required to provide leave notice and meeri-ieRl-certification; t~e~~+tra e~the leave may be denied or delayed if these requirements are not met: • 'The employee should provide 30 days advance notice when leave is "foreseeable". Otherwise, notice should Ue given as soon as-}yes-sik~}e practicable. • The County requires tnec#ieti-{-certification to support a request for FMLA leave heeftttse-et=for a serious health condition, care of the employee's spouse, son, daughter or parent with a serious health condition, a qualifying exigency for military leave, or military caregiver leave.-etrd •fhe County may require a second or third opinions (at the County's expense) for a serious health condition. • An employee is required to give advance notice before returning to work and medical certification as to Iris er-lrer their fitness to return to work following a serious health condition absence. (d) The °°••~~ly-a;~~;-~~~;i°°'FMLA requires that employers rrrust-continue to provide gtoup health insurance benefits to an employee during any periods of leave permitted by the Act on the same basis as if the employee had continued in active employment during the leave. Employees will Ue required to pay their portion of the group insurance, the same as if they continued to work, to keep the benefit as desa•ibed in Article IX, Section 2. ~Fan~i~y-art letr-ve; tlte-et~r}~leyee'~slmte-Af }~ren~+r+nls~~rs~be-}~a~ic-4-l>y-tlu~etlr~l-tte~+seel-~#~rr~rg-a+~}~a-iA-leave-4?•y --Ixty+oll-c#eElueti+3n 35 Attachment number 2 F-5 Page 163 of 362