SANTA CRUZ COUNTY
PERSONNEL ADMINISTRATIVE MANUAL

 

Topic:  FAMILY CARE OR MEDICAL LEAVES OF ABSENCE
Section: LEAVES OF ABSENCE
Number: XIII.1.B. 
Date Issued: 12/91  
Date Revised: 2/5/94
2/24/98 

PURPOSE:

 To identify the regulations and procedures concerning leaves of absence authorized under the State and Federal Family Care and Medical leave of absence statutes.

LEGAL BASIS:

See provisions of the individual Memorandum of Understanding applicable to the employee regarding continuance of insurance during any leave of absence without pay.

CROSS REFERENCE:

POLICY:

County employees who meet the eligibility requirements are entitled to an unpaid Family Care or Medical leave of absence for up to 12 workweeks during a calendar year. Subject to limited exceptions for highly compensated employees, employees taking Family Care or Medical leave shall be guaranteed the same or equivalent position upon their timely return from an approved Family Care or Medical leave of absence. The County will continue to provide the employee and his/her dependents group health plan coverage during an approved Family Care or Medical leave of absence in the same manner as if the employee was working.

  1. DEFINITIONS: 

    For purpose of this policy, the following definitions apply:

    1. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person who is standing in the place of a parent. The child must be either under 18 years of age or a dependent adult.

    2. "Spouse" means a partner in marriage as defined in Civil Code Section 4100 and Domestic Partners recognized by County after submission of Affidavit of Domestic Partnership.

    3. "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in place of a parent to the employee when the employee was a child.

    4. "Health Care Provider" means physicians, podiatrists, dentists, clinical psychologists, optometrists, and chiropractors, provided that they are treating conditions demonstrated by an X-Ray to exist, and in some cases nurse practitioners, nurse-midwives, and Christian Science practitioners.

  2. CONDITIONS UNDER WHICH LEAVE MAY BE APPROVED:

    Any leave of absence which is requested due to the following circumstances will be considered a Family Care or Medical leave:

    1. For the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee. Birth mothers may elect either Family Care or Medical leave -OR- Pregnancy leave -OR- a combination of both.

    2. To care for a parent, spouse or domestic partner who has a serious health condition.

    3. Because of the employee's own serious health condition that makes the employee unable to perform the essential functions of his/her position.

  3. WHAT CONSTITUTES A "SERIOUS MEDICAL CONDITION":

    Serious Medical Condition means an illness, injury, impairment or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility or more than 3 days' absence and requiring continuing treatment or continuing supervision (2 or more visits) by a health care provider. If the leave is for the employee's own serious medical condition, the employee must be unable to perform the essential functions of his/her position.

  4. ELIGIBILITY: To be eligible for Family Care or Medical leave, an employee must meet both of the following criteria: 
    1. Have worked for the County for a total of 12 calendar months; and

    2. Have a total of 1000 hours of a combination of time worked and paid leave within the twenty five (25) pay periods preceding the requested leave. 

  5. TIME PERIOD OF LEAVE:

    1. An eligible employee is entitled to take up to 12 work weeks of Family Care or Medical leave in any calendar year. Leave is available to part-time employees pro-rata based on the amount of hours worked.

    2. Employee eligibility for Family Care or Medical leave for the birth or placement of a child expires 12 months after the birth or placement of the child.

    3. The County will grant Family Care or Medical leave on an intermittent basis or reduced work schedule where this type of leave is medically necessary to care for a seriously ill child, spouse, domestic partner or parent, or because of the employee's own serious health condition. However, a leave request for intermittent leave or a reduced work schedule for the birth or placement of a child may be granted at the discretion of the department. The County may place an employee in an alternative position during the period of any intermittent or reduced work schedule leave to better accommodate the operations of the department.

    4. Prior to the expiration of an approved Family Care or Medical leave of absence, employees desiring an extension of leave beyond the time limits of Family Care and Medical leave must submit a request for an extension of the leave as either a Personal/Educational leave or Other Medical leave of absence.

  6. REQUEST FOR LEAVE/DOCUMENTATION REQUIRED:

    1. Employees must give thirty (30) days advance notice of the need to take Family Care or Medical leave when it is foreseeable. Except in the case of medical emergency, requests for leave must be made in writing 30 days in advance on the appropriate Personnel Form.

      1. Paid Family Care or Medical leave -OR- unpaid Family Care or Medical leave of less than 160 hours for a full time employee (prorated for part-time employees) must be requested on Personnel Form PER1082 (Employee Request for Time Off -Departmental).

      2. Unpaid Family Care or Medical leave of 160 or more hours for a full time employee (prorated for part-time employees) must be requested on Personnel Form PER1083 (Employee Request for Leave of Absence Without Pay Over 160 Consecutive Hours).

    2. When it is not reasonable under the circumstances to provide 30 days advance notice, notice must be given as soon as possible. "As soon as possible" ordinarily means at least verbal notification to the department within one or two business days of when the need for leave becomes known to the employee. 

    3. When planning medical treatments which require a prolonged absence or intermittent absences, employees must consult with their departments to make reasonable efforts to schedule leave so as to minimize disruption to business operations. 

    4. Requests for leave for the employee's or his/her family members' serious health condition must be supported by a medical certification from a health care provider. Medical certification of the need for the leave must be submitted on the appropriate County form and should accompany the request for the leave unless it is not possible to do so. In all cases, except adoption or placement of a child (see G. below), the appropriate medical certification is required for the leave to be approved as a Family Care or Medical leave of absence.

      1. Personnel Form PER1081A (Physician's Certification for Medical Leave) must be submitted for the employee's own serious medical condition.

      2. Personnel Form PER1081B (Physician's Certification for Family Care Leave) must be submitted for family members if requesting leave for to care for a family member with a serious medical condition.

        The PER1081A and PER1081B Medical Certification forms must be completed in full by each treating physician. These Forms are also required when requesting an extension of a previously approved leave.

    5. The County may require the employee to obtain a second medical opinion, at the County's expense, regarding the medical necessity of an employee's leave request. If the opinion of the employee's doctor and the doctor issuing the second opinion differ, the County may require that the opinion of a third health care provider be obtained, at County's expense. The third opinion, given by a health care provider mutually agreed on by the employee and the County, will be final and binding.

    6. While out on Family Care or Medical leave employees may be required to submit a recertification from their health care provider every 30 days on Personnel Form PER1081A. The County reserves the right to request recertification of a leave more frequently than every 30 days if the County receives information that casts doubt upon the continuing validity of the most recent certification. 

    7. Employees requesting Family Care or Medical leave for the adoption or placement of a foster child must submit proof of the child's placement in their custody with the leave request rather than medical certification.

  7. USE OF PAID LEAVE DURING FAMILY CARE OR MEDICAL LEAVE:

    1. All employees must exhaust ALL accrued compensatory time prior to the effective date of any leave of absence without pay. 

    2. Employees must use all earned sick leave prior to the effective date of any leave of absence without pay if leave is being taken for an employee's own serious health condition. This includes sick leave accrued by employees in the General Representation Unit prior to 7/20/79.

    3. Employees may elect to use accrued vacation or annual leave in lieu of leave of absence without pay for Family Care or Medical leave.

  8. BENEFITS AND INSURANCES DURING THE TERM OF THE LEAVE: 

    1. Group Health Insurance: 

      1. During the term of Family Care or Medical leave the County will continue to maintain the employee's group health insurances as well as continue the County's contributions toward group health insurance as if the employee were still working.

      2. During the term of Family Care or Medical leave, employees will continue to be responsible for the employee contribution towards group health insurance. 

      3. If the employee fails to return upon the expiration of Family Care or Medical leave for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control, the County shall be entitled to recover from the employee the cost of maintaining Group Health plan coverage on behalf of the employee and his/her dependents during the term of the approved leave.

    2. Service Hours: During any unpaid period of a Family Care or Medical leave of absence an employee will not accrue service hours for purposes of step advancement, probationary period, or County service hours. Similarly, no paid leave (e.g. vacation, annual leave, sick leave, administrative leave) will accrue during any leave of absence without pay.

  9. RETURN FROM FAMILY CARE OR MEDICAL LEAVE

    1. An employee who has taken four or more weeks of Family Care or Medical leave due to his/her own serious health condition will be required to present a current certification on Personnel Form PER1086 (PHYSICIAN'S CERTIFICATION FOR RETURN FROM MEDICAL/DISABILITY LEAVE) from his/her health care provider that the employee is able to resume work. Employees will not be allowed to return from a Family Care or Medical leave of absence until this medical certification is received by the County from each health care provider. Medical certification may also be required for employees who are returning from absences of less than four weeks.

    2. At the conclusion of an approved Family Care or Medical leave, employees will be restored to the same or an equivalent position, with the exception applicable to "key employees" as described below. Employees returning from an approved leave will receive the same benefits as if the employee was continuously working for the County, with the exception that unpaid hours of leave do not count as County service hours for purpose of step advancement, paid leave accrual, promotion or any other purpose.

    3. The County may deny restoration of employment to "key employees" if the restoration would cause substantial and grievous economic injury to the operations of the County. "Key employees" are defined as employees who are among the highest paid 10 percent of the County work force based on year-to-date earnings. At the time leave is requested, the County will notify the employee if he/she is a "key employee."

    4. An employee who fails to return upon the expiration of a Family Care or Medical leave of absence or fails to obtain an approved extension of the leave prior to its expiration shall be regarded as having automatically resigned from County employment upon the expiration of the approved leave.

    5. A Federal Law, C.O.B.R.A., requires the County to offer employees and their eligible dependents the opportunity to temporarily extend health coverage after it is lost due to a qualifying event. For purposes of C.O.B.R.A. continuation coverage, the qualifying event which triggers the employee's right to continuation coverage for employees who do not return from a Family Care or Medical leave of absence will be the date the employee notifies the County that they will not be returning from Family Care or Medical leave or the date their coverage would otherwise terminate due to their failure to return to work from an authorized leave of absence. 

    PROCEDURE:

    1. PROCEDURE FOR REQUESTING OR EXTENDING FAMILY CARE OR MEDICAL LEAVE

      1. When an employee requests time off for reasons which may qualify for Family Care or Medical Leave (See Sections XIII.1.B.II. through XIII.1.B.IV.), the employee's supervisor must give the employee a copy of the notice on Santa Cruz County Obligations Under the Family and Medical Leave Act of 1993 (PER1084).

      2. Thirty (30) days before the requested period of foreseeable family care or medical leave begins employee submits a PER1082 (Employee Request for Time Off -Departmental) for paid leave or unpaid leave of less than 160 consecutive hours for full time employees (prorated for part-time employees), showing beginning and ending dates of the leave which are consistent with physician's statement for the leave. 

        -OR-

        Employee submits to the appointing authority a PER1083 (Request for Leave of Absence Without Pay Over 160 Consecutive Hours) for unpaid leaves of absence of 160 or more consecutive hours (prorated for part-time employees), showing beginning and ending dates of the leave. These dates should be consistent with the dates of the physician's statement for the leave. 

        -AND-

        Employee submits a current PER1081A (PHYSICIAN'S CERTIFICATION FOR MEDICAL LEAVE) or PER1081B (PHYSICIAN'S CERTIFICATION FOR FAMILY CARE LEAVE) for paid or unpaid family care or medical leaves of any length. The PER1081A is the required medical certification for one's own serious health condition and the PER1081B is the required medical certification for one's family member. Written proof of placement is required in lieu of medical certification for adoption or placement of a foster child.

      3. Appointing Authority reviews request and documentation and approves or disapproves, or asks for missing information. Upon approval, Appointing Authority forwards all paperwork to the departmental payroll clerk for processing.

      4. Departmental payroll clerk verifies that employee is eligible for Family Care or Medical leave. Departmental payroll clerk verifies that the employee has exhausted all accrued compensatory time and all sick leave (in the case of an employee's illness) prior to any Family Care or Medical leave of absence without pay. 

        STEPS E. THROUGH I. BELOW APPLY ONLY TO UNPAID LEAVES OF ABSENCE OF 160 OR MORE CONSECUTIVE HOURS (PRORATED FOR PART-TIME EMPLOYEES)

      5. For unpaid leaves of absence of 160 or more consecutive hours payroll clerks must check the leave date information on the PER1083 and prepare an action form showing the beginning and ending dates of leave of absence without pay, and indicates on the PER1083 what paid leave will be used. All paperwork should then be forwarded to the Personnel Department.

      6. The Records Unit in the Personnel Department will log paperwork and forward to the Analyst or Manager in the Personnel Department Employee Relations and Salary Administration Division (ERSA).

      7. ERSA staff reviews the leave request for completeness and adherence to the regulations. Any discrepancies or questions are discussed with the Department. If approved on behalf of Personnel Director, ERSA forwards all paperwork to the Records Unit.

      8. Records Unit inputs approved leave of absence into the payroll system, completes the log, and forwards the action form to the Payroll Unit of the Auditor's Office. 

    2. RETURN FROM FAMILY CARE OR MEDICAL LEAVES OF ABSENCE 

      1. If the leave is four or more weeks and is for an employee's own serious health condition, the employee submits to the Appointing Authority a current PER1086 form (Physician's Certification for Return from Medical/Disability Leave) from each treating physician, completed in full, at least one week PRIOR to the ending date of the leave of absence. The PER1086 form(s) may also be required for leaves of less than four weeks.

      2. If the leave is four or more weeks and is taken to care for a family member with a serious health condition or for the birth, adoption or foster placement of a child, the employee sends confirmation in writing to the Appointing Authority of his/her intent to return from leave, at least one week PRIOR to the ending date of the approved leave of absence.

      3. Appointing Authority reviews the PER1086 form(s) to make an initial assessment as to whether there are any work limitations which would preclude the employee from returning to work or which might require reasonable accommodation. The department MUST contact ERSA for discussion of any work limitations specified on the PER1086 form(s) BEFORE allowing the employee to return to work. The department should NEVER permit an employee to return to work based on a note for a doctor or health practitioner that simply releases the employee to return to work. 

      4. The Appointing Authority, if satisfied that the employee can return to work without endangering his/her safety or the safety of others, and that the employee can perform the essential functions of the job, with or without accommodation, forwards the PER1086 forms to the departmental personnel/payroll clerk for preparation of paperwork to return the employee from leave.

      5. Departmental personnel/payroll clerk prepares action form for return from leave of absence without pay, attaches all documentation, and forwards documentation to the Personnel Department.

      6. Records Unit logs paperwork, checks for completeness and forwards to ERSA staff.

      7. ERSA staff reviews action forms and documentation and discusses any questions with the department. If approved, forwards all paperwork to the Records Unit.

      8. Records Unit inputs action into the Personnel/Payroll system and forwards a copy of the action form to the Payroll Unit in the Auditor's Office.