AG 2003 04 21 - Laserfiche WebLink

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Federal legislation made the Family and Medical Leave Act (FMLA) effective on August 5, 1993. A copy of a Department of Labor publication summarizing employee rights under the Act is attached at Appendtx I. In compliance with the FMLA, Cabarrus County provides up to 12 weeks of job protected leave (unpaid if accrued paid leave time is not available) to employees if they have worked for the County for a least one year and for 1,250 hours over the previous 12 months. (a) Eligible employees may use FMLA leave for the following events or conditions: For the birth of a son or daughter or to care for the child after birth; For placement of a son or daughter for adoption or foster care or to care for the child after placement; To care for the employee's spouse, son, daughter or parent (but not a parent "in-law") with a serious health condition; Because of a serious health condition that makes the employees unable to perform the functions of the job. The twelve (12) 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 twelve (12) weeks of unpaid FMLA leave less any leave used for a qualifying FMLA purpose during the preceding twelve (12 ) months. Employees may not take more than twelve weeks unpaid/paid leave for a qualifying FMLA purpose in any 12 month period, unless the employee has accmed paid leave in excess of that amount and has management approval to use it or take leave without pay. (b) The use of paid leave for a purpose defined in the FMLA will qualify toward the time the County is required to make available to an employee eligible for leave under the Act. As in any leave situation, County employees will use all available paid leave time before being allowed to use unpaid leave. Employees may request the use of all accrued available paid leave benefits, according to policy, even if it exceeds the 12 week maximum under the FMLA. If the available paid leave is not sufficient to cover the leave requested for a FMLA purpose, maximum 12 weeks in any 12 month period, the remaining leave is unpaid leave. (c) The employee will be required to provide leave notice and medical certification; the taking of the leave may be denied if these requirements are not met: The employee should provide 30 days advance notice when leave is "foreseeable". Otherwise, notice should be given as soon as possible. The County requires medical certification to support a request for FMLA leave because of a serious health condition and may require second or third opinions (at the County's expense). An employee is required to give advance notice before returning to work and medical certification as to his or her fitness to return to work. (d) The Family and Medical Leave Act requires that employers must continue to provide group 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 be required to pay their portion of the group insurance, the same as if they continued to work, to keep the benefit. If Family and Medical Leave Act leave is suSst:.mted paid leave, the employee's share of premiums must be paid by the method normally used during any paid leave -- by payroll deduction. If Family and Medical Leave Act leave is unpaid, the employee's share of premiums must be made to the County by the 25th day of the month prior to the month for which coverage is needed. 7