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April 21, 2003 Page 97 (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 substitutcd 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. Section ~-~22. Leave Without Pay - Policy A regular or probationary employee may be granted a leave of absence without 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 disability, continuation of education, special work that will permit the County to benefit by the experience gained or the work performed, or for other reasons deemed justified by the appointing authority. The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the County Manager. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the supervisor 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 Without Pay - Retention and Continuation of Benefits An employee shall retain all unused annual and sick leave while on leave without pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the County's group insurance plans, subject to any regulations adopted by the Board of Commissioners and the regulations of the respective insurance carriers. Section 2324. Workmen's Compensation Leave An employee absent from duty because of sickness or disability covered by the North Carolina Workmen's Compensation Act may receive Workmen's 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 equivalent, as the checks are received from workmen's compensation. Upon reinstatement, an employee's salary will be computed on the basis of the last salary earned plus any increment or other salary increase to which the employee would have been entitled during the disability covered by Workmen's Compensation. Employees on Workmen's Compensation Leave who elect not to use accumulated sick and annual leave as a supplemental payment, shall retain and continue to earn all leave credits during the period of disability. In addition, the County shall continue its contribution to the employee's health insurance. Temporary employees on Workmen's Compensation Leave will be placed in a leave without pay status and will receive all benefits for which they may be adjudge eligible under the Workmen's Compensation Act. Section ~425. Maternity Leave - Employer Responsibility Limitation of employment b~fore childbirth is prohibited. Section ~. MgternitY Leave - Employee Responsibility A regular employee desiring to take a leave of absence from work for reasons caused by or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery there from 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 ~921). The department head shall forward her request to the County Manager for approval. She is obligated to return to duty by the end of time determined appropriate. If she finds she will not return to work, she shall notify her supervisor immediately. Failure to report at the expiration of a--the approved leave shall be considered a resignation. Section {~627. 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 in writing the period during which the employee is physically unable to work. Maternity leave for up to a total of twelve weeks is available for the time before the employee is disabled, during the disability itself, and the period of time after the disability ends. The employee may elect to use accumulated annual leave (1) before going on sick leave, (2) after