HomeMy WebLinkAboutC.054.93011_09502. The employee's spouse, child or parent has a serious health condition, which requires
the employee to care for the spouse, child or parent. The County reserves the right to
require documentation of the family relationship. FMLA leave is not available for the
care of a parent -in-law. Eligible employees may take intermittent leave or leave on a
reduced leave schedule when it is medically necessary to care for such spouse, child,
or parent, but the County reserves the right to transfer the employee to another
position which can better tolerate the recurrent absence/tardiness.
3. The birth of a child of the employee or placement of a child with the employee for
adoption or foster care. Childbirth or placement leave must be taken in a block rather
than reduced schedule leave or intermittent leave unless the county manager gives
advance approval of a special request for intermittent leave. The entitlement to leave
for birth or child placement expires one year after the childbirth or placement.
Pay Status While on Leave
All leaves under this policy will be unpaid for exempt and nonexempt employees, unless
FMLA runs concurrently with paid leave. An employee is required to substitute his/her
accrued sick leave for FMLA leave when the reason for leave is due to the employee's own
serious health condition and/or during the period of temporary disability due to the birth of
a child The employee is not required but may elect to substitute vacation leave for FMLA
leave.
FMLA leave taken under this policy will count toward the total unpaid leave available under
the County's maximum leave of absence.
Employees are not entitled to greater benefits than they would have received if FMLA had not
been taken.
Terms and Definitions
I. The term "disability" as used in this policy means a physical or mental impairment
which substantially limits the employee in a major life activity.
2. "Serious health condition" means an illness, injury, impairment, or physical or mental
condition verified by the certification of a health care provider, that involves:
A period of incapacity due to any overnight stay in a hospital, hospice, or
residential medical care facility, including subsequent recovery therefrom, and
any follow-up treatment; or a period of incapacity due to pregnancy or prenatal
care; or
a period of incapacity including treatment and recovery, due to the inability to
engage in regularly scheduled activity for longer than 3 calendar days, where there
have been two or more treatments by a health care provider (includes one
treatment by health care provider followed by regiment of prescription medication
or therapy) (this does not include the common cold, the flu, bronchitis, ear aches,
an upset stomach, minor ulcers, non -migraine headaches, routine dental work,
periodontal disease, or cosmetic treatments); or
- any period of incapacity due to or treatment for a chronic condition, which
continues over an extended period of time, requires periodic medical treatments,
and may cause episodic incapacity (asthma, diabetes, epilepsy); or
- any period of incapacity due to a permanent or long-term condition for which
treatment may not be effective but where there is continuing supervision by a
health care provider, or
- multiple treatments and recovery, due to:(a) restorative surgery following an
accident or injury; or (b) condition that requires ongoing treatments to avoid
extended incapacity (cancer, severe arthritis, kidney disease).
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