BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1588 of leave earned. Section 16. Family Medical Leave Act Federal legislation made the Family and Medical Leave Act (FMLA) effective on August 5, 1993 and FMLA regulations were revised on January 16, 2009. A copy of the Department of Labor, Wage and Hour Division Publication 1420, Employee Rights and Responsibilities Under the Family and Medical Leave Act poster, is attached at Appendix C. In compliance with the FMLA, Cabarrus County provides up to 12 weeks of job protected leave or up to 26 weeks of military caregiver leave (unpaid if accrued paid leave time is not available) to employees if they have worked for the County for at least 12 months, normally within seven years, 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 employee unable to perform the functions of the job; • For qualifying exigency leave for families of members of the National Guard and Reserves when the covered military member (employee's spouse, son, daughter, or parent) is on active duty or called to active duty in support of a contingency operation; • For military caregiver leave to care for an i11 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 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 up to 12 weeks of unpaid FMLA leave less any leave used for a qualifying FMLA purpose during the preceding 12 months. Employees may not take more than 12 weeks unpaid/paid leave for a qualifying FMLA purpose in any 12 month period. An employee may be allowed additional accrued paid leave or leave without pay on recommendation 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 already taken for other FMLA 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 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 and compensatory time before being allowed to use unpaid leave. Employees may request the use of 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)An employee is required to provide leave notice and certification; 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 be given as soon as practicable. • The County requires certification to support a request for FMLA leave