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August 19, 2024 (Regular Meeting) Page <br />the Family and Medical Leave Act poster, is posted on Cabarrus County intranet. <br />In compliance with the FMLA, Cabarrus County provides up to 12 weeks of job protected leave <br />or up to 26 weeks of military caregiver leave (unpaid if accrued paid leave time is not available) <br />to employees if they have worked for the County for at least 12 months, normally within seven <br />years, and for 1,250 hours over the previous 12 months. <br />(a) Eligible employees may use FMLA leave for the following events or conditions: <br />1. For the birth of a son or daughter or to care for the child after birth; <br />2. For placement of a son or daughter for adoption or foster care or to care for the child after <br />placement; <br />3. To care for the employee's spouse, son, daughter or parent (but not a parent "in-law") <br />with a serious health condition; <br />4. Because of a serious health condition that makes the employee unable to perform the <br />functions of the job; <br />5. For qualifying exigency leave for families of members of any component of the Armed <br />Forces when the covered military member (employee's spouse, son, daughter, or parent) <br />is deployed or called to deploy with the Armed Forces to a foreign country; or <br />6. For military caregiver leave to care for an ill or injured servicemember to include certain <br />veterans (employee's spouse, son, daughter, parent, or next of kin) with a serious illness <br />or injury incurred or preexisting serious injury or illness aggravated in the line of duty <br />while on active duty. Next of kin is defined as the closest blood relative of the injured <br />servicemember. <br />The 12-month period for determining leave entitlement will be a rolling 12-month period. The <br />12 months immediately preceding the current leave request will determine the entitlement. <br />Eligible employees are entitled to up to 12 weeks of unpaid FMLA leave less any leave used for <br />a qualifying FMLA purpose during the preceding 12 months. Employees may not take more <br />than 12 weeks unpaid/paid leave for a qualifying FMLA purpose in any 12-month period. An <br />employee may be allowed additional accrued paid leave or leave without pay on <br />recommendation of the department head and approval of the County Manager. <br />Military caregiver leave may extend up to 26 weeks in a single 12-month period beginning the <br />date caregiver leave begins. FMLA leave already taken for other FMLA reasons is deducted <br />from the 26 available weeks. <br />An FMLA covered absence runs concurrently with the use of available accrued leave and <br />compensatory time for the FMLA absence. An FMLA covered absence also runs concurrently <br />with a Workers' Compensation absence. Available accrued leave and compensatory time must <br />be used for an FMLA absence prior to the use of approved leave without pay, except for <br />Workers' Compensation absence. <br />Section 17. Leave Without Pay <br />When an employee will be absent from work and does not have sufficient accrued paid leave to cover <br />the hours in their workweek, Leave Without Pay (LWOP) must be utilized to close out the pay period. <br />Time should be requested before the absence if possible. The employee must have exhausted all forms <br />of accrued paid leave which would have otherwise covered the requested leave time. <br />Approval of Leave Without Pay is an administrative decision and may be granted only in extraordinary <br />situations with the approval of the Department Head (less than one full shift) and the County Manager <br />(one full shift or greater than 8 hours). <br />The employee should request the need for leave prior to being absent from work. The supervisor will <br />initiate the request and make estimates of time needed based on information known, then make a <br />recommendation to approve or disapprove to the department head. If disapproved, the employee may <br />be subject to disciplinary action. The County Manager will receive notification for all LWOP requests <br />if more than one shift is required. <br />Prior to recommending, the employee's supervisor shall consider the occurrence of peak workload <br />periods, employee's length of service and other factors relevant to the operations of the department. <br />The supervisor shall also review the personal circumstances of the employee before recommending <br />approval or denial of a Leave Without Pay request. <br />If Leave Without Pay is denied and communicated to the employee and the employee does not report <br />for work as scheduled, this will be considered a disciplinary incident subject to the County disciplinary <br />process. Failure to report for duty at the expiration of an approved Leave Without Pay event shall be <br />Page 50 <br />