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HomeMy WebLinkAbout09/08/09 Personnel Text Amendment Art VI Sec 28.kn roved by i'.te Harnott — AGENDAITEM C.Oilgiy 80aYd Ui �.:Ji °�Il i ?SSiUnOr$ /Board Meeting �t �� titi�`J f Agenda Item Oe rk MEETING DATE: September 8, 2009 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Update to Personnel Ordinance REQUESTED BY: Trinity Faucett, HR Director REQUEST: The following amendment to the Personnel Ordinance is requested to be in compliance with new Family and Medical Leave rules effective January 16, 2009: The revised regulations made some changes to key provisions of the existing FMLA regulations and added language to reflect the new military family leave amendments to the law. The military family leave provisions were were communicated to all directors and posters were supplied to post in each department. COUNTY MANAGER'S RECOMMENDATION: C:�Documents and Settingslgdanieftocal Settings%Tcmporary Internet Files% Content.Outlook\AFQAE60Y19.8 -09 FMLA.doc Page I of I ARTICLE VI. LEAVES OF ABSENCE Section 28. The Family and Medical Leave Act A. In accordance with The Family and Medical Leave Act of 1993, the County will grant eligible employees a total of twelve workweeks of job - protected family and medical leave per twelve -month period. The County of Hamett uses the following method to measure "12 -month period" to assess employee eligibility for FMLA leave: The 12 -month period measured forward from the date the employee's first FMLA leave begins. B. The leave may be paid (coordinated with the County's Vacation and Sick Leave policies), unpaid, or a combination of paid and unpaid. Earned Compensatory time may also be used during FMLA leave. FMLA leave will run concurrently with accrued sick or vacation leave and with absences taken in connection with worker's compensation claims. Additional time away from the job beyond the 12- week period may be approved in accordance with the County's Leave Without Pay policy. C. To qualify for FMLA coverage, the employee must have worked for the County for 12 months or 52 weeks; these do not have to be consecutive. However, the employee must have worked 1,250 hours during the twelve -month period immediately before the date when FMLA begins. Family and Medical Leave can be used for one or more of the following reasons: 1. the birth of a child and in order to care for that child; 2. the placement of a child with the employee for adoption or foster care; 3. the need for the employee to care for the spouse, child, or parent of the employee with a serious health condition; 4. an employee's serious health condition that makes the employee unable to perform the functions of his or her position; or 5. military exigency. D. A serious health condition is defined as a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illness of a serious and long -term nature resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which results in a period of incapacity or more than three days would be considered a serious health condition. E. 29 CFR 825.209 also requires the employer to maintain the employee's group health insurance benefits for the duration of the leave. The employer may recover premiums paid if the employee fails to return to work (unless the employee suffers a continuation of the serious medical condition). F. An employee who takes leave under this policy will return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority. G. If a husband and wife both work for the County and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, the husband and wife may only take a total of 12 weeks leave under FMLA. H. "Military Exigency" is a qualifying exigency arising out of the fact that the fact that the employee's spouse, son, daughter, or parent is a military service member (reserve or National Guard) under a call or order to federal active duty in support of a contingency operation. Qualifying events are: J. 0 L. 1. deployment of service member with seven or fewer days notice; 2. military ceremonies and events such as family- assistance or informational programs related to the family member's active duty or call to active duty; 3. urgent, immediate childcare or arranging for alternative childcare for the children of service members; 4. attending school or daycare meetings relating to the child of service member; 5. making financial or legal arrangements related to a family member's active duty status or call to active duty; or 6. post - deployment activities for a period of ninety days after the termination of the service member's active duty status. Military Caregiver Leave: An employee whose spouse, son, daughter, parent or next of kin is a current service member who is undergoing treatment, therapy, recuperation or outpatient treatment or has temporary disability retirement for injury or illness sustained in the line of duty, is eligible for 26 weeks of leave in a single 12 month period. During a single 12 month period, the employee is eligible for a total of 26 weeks of all types of FMLA leave. The County of Harnett will require employees to provide medical certification of the need for FMLA leave from the health care provider. The County of Harnett will require periodic updates about the employee's status and intention to return to work or a medical recertification. The County of Harnett will require the employee to furnish medical certification that he or she is able to resume work.