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April 21, 2003 Page 96 Sick leave credited to regular and probationary employees scheduled to work at least 1,000 hours during the calendar year but fewer hours than the basic work week shall be determined in accordance with the formula set forth in Scot!Ch !gSection 20 of this Article. Section 14. Advance Sick Leave The--department head~-- with -the--approva~ of -tThe County Manager, may advance sick leave to an employee who has exhausted sick leave because of a major operation or illness. This advanced sick ~ ..... ~'~ ........ ~ -~-~ ycar80 hours, leave may not exceed thc amount an cmplcycc can carn except with the approval of the Board of Commissioners. At the time of an employee's separation, any sick leave owed the County shall be deducted from the employee's final compensation or collected from him/her af not available ~n h~s/her final compensation. Section-l-%15. Sick Leave - Maximum Accumulation Sick leave will be cumulative for an indefinite period. Section t~16. Sick Leave - Physician's Certificate The employee's supervisor or department head may require a physician's certificate concerning the nature of the illness and/or employee's physical capacity to resume duties for,each occasion on which an employee uses sick leave to insure that there is no abuse of sick leave privileges. Section 1617. Sick Leave - Retirement Credit for Accumulated Sick Leave One (1) month of retirement credit is allowed for each twenty (20) days and part thereof accrued in an employee's sick leave account at time of retirement to employees who are members of the North Carolina Local Governmental Employees' Retirement System or Law Enforcement officers' Benefit and Retirement Fund. T-he ~-maximum--number- of siek--days--~ha~--ma~--~e--adaXe~--under---~-%~-is Section t-718, sick Leave - Credit for Accumulation From Previous Employment Employees whose date of employment with Cabarrus County is subsequent to the effective date of this Ordinance and who were previously employed by a governmental entity in North Carolina will receive credit with Cabarrus County for up to twenty (20) days sick leave accumulated at that entity provided that verification of that accumulated sick leave is received from the entity and that the employee was not reimbursed for these days. This only applies to governmental entities that were the employees place of employment immediately prior to their employment with Cabarrus County. Section 1819. Sick Leave - Previous Leave Credit Sick leave credits accumulated by each County employee shall be retained as of the effective date of this policy. Section {-920. Calculation of Holiday Lcavc, Annual Leave, and Sick Leave for Part time F~loyees Roti~ay--teave- ore~i~ed -to-~empo~ary- and--rec3utar employees,--and aAnnual leave and sick leave credited to regular and probationary employees scheduled to work at least 1,000 hours during the calendar year and having a work week with fewer than the basic work week, shall be determined in accordance with the following formula: (~) The number of hours worked by such an employee in their normal work week shall be divided by the number of hours in the basic work week of a regular full-time employee in a like or similar position (b) The percentage obtained in step (a) shall be used to obtain the prorated amount of leave earned da~ly (for kolid~y ica-;c) and biweekly and yearly (for sick and at, ual lcavc). Section ~921. Family Medical Leave Act Federal legislation made the Family and Medical Leave Act (FMLA) effective on Auqust 5, 1993. A copy of a Department of Labor publication summarizing employee rights under the Act is attached at Appendix 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 accrued 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.