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DRAFT April 21, 2003 Page 97 (c) The employee wlll be required to provide leave notice and medical certif/catlon, the takzng of the leave ~y be dealed af these requirements are not met The employee should provide 30 days advance not,ce when leave is "foreseeable" Otherwase, notice should be given as soon as possible The County requires medical certlfxcatlon to support a request for FMLA leave because of a serious health condition a~d may requare second or third opinions (at the County.s expense). An employee is requxred to gave advance notice before retur~ang to work and medical certlf~catlon as to his or her fitness to retun~ to work (d) The Family and Medlcal Leave Act requires that employers must continue to provide group health insurance benefits to an employee durzng any periods of leave permitted by the Act on the same basls as if the employee had continued [n actxve employment during the leave Employees will be required to pay their portion of the group ansurance, the same as [f they continued to work, to keep the benefat If Family and Medical Leave Act leave is cu~utitutcd paid leave, the employee's share of pram/nme must be pazd by the method nozlaally used durang any paid leave -- by payroll deductzon If Family and Medical Leave Act leave is ~npald, the employee's share of premlums must be made to the County by the 25th day of the month prior to the month for which coverage Ks needed. Section ~22. Leave Without Pay - Policy A regular or probat=onary employee may be granted a leave of absence wathout pay for up to one (1) year by the County Manager After all available leave and compensatory time have been exhausted, this leave shall be used for personal d/sability, contlnuatlon of education, special work that will permit the County to beneflt by the experaence gained or the work performed, or for other reasons deemed Justified by the appoznting authoraty The employee shall apply an wrating to the supervleor for leave. The employee is oblzgated to return to duty within or at the end of the tame determined appropr/ate by the County Manager Upon returning to duty after being on leave without pay, the employee shall be entitled to rerun1 to the same poelt~on held at the time leave was granted or to one of like classlflcatlon, seniority, and pay If the employee decides not to return to work, the supervxsor should be notified immediately. Failure to report at the expiration of a leave of absence shall be considered a resignation, unless an extension has been requested and approved Section ~23 Leave Wzthout Pay - Retention and Continuation of Benefits An employee shall retaln all unused aulnual and szck leave whlle On leave without pay A~ employee ceases to eax-n leave credits on the date leave wlthout pay begins The employee may continue to be eligible for benefits under the County's group assurance plans, eub3ect to any regulations adopted by the Board of Co~n~esloners and the regulations Of the respective lnsurance carriers Section ~-~24 Workmen's Compensataon Leave An employee absent from duty because of sickness or dasablllty covered by the North Carolina Workmen's Compensation Act may receive Workzaea'e Compensation benefits and elect to use accumulated annual and sick leave as a supplemental payment for the difference between his regular salary and the payments received under the workmen's Compensation Act. Such an employee may have credited back to the leave he elected to use, his hourly equavalent, as the checks are received from workmen's compensation. Upon reinstatement, an employee's salary will he computed on the basis of the last salary ear,ed plus any lncrement or other salary ancrease to whlch the employee would have been entitled during the dlsablllty covered by Workmen's Co~g~ensat[on Employees on Workmen'e Compensation Leave who elect not to use accumulated sick and annual leave as a supplemental payment, shall retaan and continue to earn all leave credits durang the period of dlsabalaty In addltzon, the County shall continue 1ts contribution to the employee's health insurance Temporary employees on Workmen'e Compensation Leave will be placed in a leave wxth(~/t pay status and will recexve all benefits for which they may be adjudge eligible under the Work-men,s Compensation Act Sectaon ~25. Maternity Leave - Employer Responslballty Lam/ration of employment before chaldbarth ~s prohlbited Section ~26 Maternity Leave - Employee Responsibility A regular employee desiring to take a leave of absence from work for reasons caused by or contributed to by pregaa~cy, miscarriage, abortion, chlldblrth or recovery there fro~ shall apply in writing to her department head stating the nature of her condition, and anticipated dates and duration Of the requested leave and the types of leave requested. This should be done in conjunction with the Family and Medical Leave Act (See Section ~21). The department head shall forward her request to the County Manager for approval. She as obligated to return to duty by the end of time determined appropriate If she finds, she wall not return to work, she shall notary her supervisor immediately. Failure to report at the exparatlon of a--the approved leave shall be conszdered a resignation Section ~27 Maternity Leave - Use of Leave Accumulated sick leave is available to employees for the period of temporary disability in the same manner as for any other temporary disability The attending physician shall indicate writing the period during which the employee is physlcally unable to work Maternxty leave for up to a total of twelve weeks as available for the tzme before the employee la disabled, during the dleab/lity itself, and the period of time after the dlsablllty ends The employee may elect to use accumulated annual leave (1) before goang on sick leave, (2) after