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September 21, 2009 (Regular Meeting) <br />Page 1589 <br />for a serious health condition, care of the employee's spouse, son, <br />daughter or parent with a serious health condition, a qualifying <br />exigency for military leave, or military caregiver leave. The County <br />may require a second or third opinion (at the County's expense) for a <br />serious health condition. <br />• An employee is required to give advance notice before returning to work <br />and medical certification as to their fitness to return to work <br />following a serious health condition absence. <br />(d)The FMLA requires that employers continue to provide group health <br />insurance benefits to an employee during any periods of leave permitted by <br />the Act on the same basis as if the employee had continued in active <br />employment during the leave. Employees will be required to pay their <br />portion of the group insurance, the same as if they continued to work, to <br />keep the benefit as described in Article IX, Section 2. <br />If an employee chooses not to return to work from the FMLA leave they may <br />be required to reimburse the County the amount it paid for the employee's <br />health insurance premium during the leave period. <br />(e)An employee on FMLA leave is prohibited from other employment during <br />normal working hours. <br />Section 17. Leave Without Pay - Policy <br />A regular or probationary employee may be granted a leave of absence without <br />pay for up to one year by the County Manager after all available leave and <br />compensatory time has been exhausted. This leave shall be used for personal <br />disability, continuation of education, special work that will permit the <br />County to benefit by the experience gained or the work performed, or for <br />other reasons deemed justified by the appointing authority. <br />The employee shall apply in writing to the supervisor for leave. The <br />supervisor reviews the request and makes a recommendation to approve or <br />disapprove to the department head. The department head reviews and renders a <br />decision to: <br />• Approve the request if less than one work day; <br />Forward the request with their recommendation to the County Manager <br />through the Human Resources Director; or <br />• Disapprove the request. <br />The employee is obligated to return to duty within or at the end of the time <br />approved by the County Manager. Upon returning to duty after being on leave <br />without pay, the employee is entitled to return to the same position held at <br />the time leave was granted or to one of like classification, seniority, and <br />pay. If the employee decides not to return to work, the supervisor should be <br />notified immediately. Failure to report at the expiration of a leave of <br />absence shall be considered a resignation. <br />Section 18. Workers' Compensation Absence <br />An employee absent from duty because of sickness or disability covered by the <br />North Carolina Workers' Compensation Act may receive Workers' Compensation <br />benefits. <br />They may elect to use accrued annual and sick leave during the initial seven <br />day waiting period. If the waiting period becomes covered by Workers' <br />Compensation, the portion of the leave used covered by Workers' Compensation <br />will be restored to accrued leave. Otherwise, the use of accrued leave to <br />supplement Workers' Compensation is not permitted. <br />On return from a Workers' Compensation absence, an employee's salary will be <br />computed on the basis of the last salary earned plus any increment or other <br />salary increase to which the employee would have been entitled during the <br />disability covered by Workers' Compensation. Employees on Workers' <br />Compensation absence retain and continue to earn all leave credits during the <br />period of disability. Leave credits are applied at the conclusion of the <br />covered absence. In addition, the County shall continue its contribution to <br />the employee's health insurance. <br />Temporary employees on Workers' Compensation Absence will be placed in a <br />leave without pay status and will receive all benefits for which they may be <br />adjudged eligible under the Workers' Compensation Act. <br />