HomeMy WebLinkAboutC.054.93011_0952 (2)member; and (c) his/her intention to return to work. Recertification of the need for leave is
required every 30 days; except when the medical certification provided to the County states a
minimum duration of more than 30 days. Further, the County reserves the right to obtain any
medical information required for it to comply with the Americans with Disabilities Act.
Medical certifications or medical histories furnished to the County for FMLA purposes will
be maintained in separate files and shall be treated as confidential medical records.
Reinstatement
If the employee is capable of performing all essential functions of his/her last regular job upon
returning from FMLA leave, the employee will be reinstated to his/her former position or an
equivalent job, provided the employee furnishes a healthcare provider's medical verification
of such capability. The County reserves the right to require an employee to submit to an
examination by a physician approved by the County on the fust day of the employee's return
to work. Refusals of an offer of reinstatement will be treated as a voluntary resignation.
Upon reinstatement, the employee will be restored to coverage under all employee benefit
plans in which he/she was participating in the last regular job held prior to the FMLA leave,
unless the employee has changed his/her election.
Reinstatement from medical or family leave may be denied to "key" salaried employees whose
compensation is in the top 10 percent of employees employed #' (1) the denial of reinstatement is
necessary to prevent substantial and grievous economic injury to the operations of the County, (2) the
County nodes the employee of its intent to deny reinstatement on such basis, and (3) where the leave
has commenced, the employee elects not to immediately return to employment after receiving such
notice.
The right of reinstatement with restoration of pay and benefits is conditioned upon the
employee's ability to perform all essential functions of the last regular position held prior to
leave.
FMLA leave will cease immediately when: (1) the employee does not timely provide the
necessary information to support the need for FMLA leave (such as medical certification); (2)
the employee would otherwise be subject to termination (for example, the position is being
eliminated and the employee would otherwise be subject to layoff; the employee is discharged
for cause; etc.); or (3) the employee gives unequivocal notice (verbal or written) of his/her
intent not to return to employment.
When FMLA leave ceases, group health coverage, reinstatement rights, and restoration rights
also cease.
Disciplinary action, including discharge, continue to apply to employees on FMIet leave as if the
employee had remained in active service.
Benefits While on Leave
2. Employees shall have the option to retain all unused annual leave while on leave.
However, no more than 240 hours can be carried over at the end of the calendar year.
3. Annual and sick leave will not be accrued during any calendar month that the
employee is not on the payroll half the month.
3. An employee on FMLA leave will be retained on the county's group hospitalization
plan for a 12 workweek period at the same level and under the same conditions as
provided prior to the employee's leave. Employee contributions for dependent
coverage maintained during the period of leave must be paid by the employee.
Employees will be required to reimburse the county for insurance premiums paid on
their behalf while on leave without pay if the employee fails to return to work for at least 30
days following the leave; except if the reason is the continuation, recurrence, or onset of a
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