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Family and Medical Leave Law

Family and Medical Leave Law. Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave Coordinator. Eligible Employees. 12 Aggregate Months of County Service Worked 1,250 hours in the previous 12 months Permanent, Temporary, Part-time or Recurrent. Son or Daughter Spouse Parent

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Family and Medical Leave Law

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  1. Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave Coordinator

  2. Eligible Employees • 12 Aggregate Months of County Service • Worked 1,250 hours in the previous 12 months • Permanent, Temporary, Part-time or Recurrent

  3. Son or Daughter Spouse Parent In Loco Parentis Domestic Partner Health Care Provider Next of Kin Qualifying Exigency Serious Health Condition Unable to Perform the Functions of the Position Need to Care for a Family Member Workweek Definitions

  4. FMLA and CFRA

  5. FMLA and CFRA

  6. Employee’s Notification Responsibility • 30 Days Notice • Emergency notice from employee or employee’s representative ASAP • Intermittent Leave must not disrupt the department’s operation

  7. Employer’s Notification Responsibility • Management always designates leave time • Employee must be notified of designation in five (5) business days • CHCP form must be returned in 15 days

  8. For Your own SHC Any earned or accrued time (sick, vacation, holiday, OT, etc.) Short-term Disability Compensatory Time Off (CTO) Qualifying Family Member Any earned or accrued time except sick leave Twelve Personal Days of Sick Leave (Kin Care Law) Paid and Unpaid Leave

  9. Pregnancy Disability Leave • Employee is disabled by pregnancy or pregnancy related condition • No “hours worked” or “length of service” requirement • FMLA runs concurrently • CFRA runs consecutively

  10. FMLA and Labor Code 4850 Labor Code 4850 • Provides full benefits to safety employees injured on the job. • Benefits run for one year or RTW date (whichever comes first). • Cannot run concurrently with FMLA.

  11. Other Guidelines • An employee cannot reject a designation of FMLA. • Exempt Employees must post their own time for FMLA related absences • Power of Attorney does not create a relationship for FMLA purposes • If fraud or abuse is suspected, contact Human Resources.

  12. New FMLA Provisions • Redefines Serious Health Condition • Follow the employer’s same terms and conditions for using paid time off for FMLA • Employees must follow employer’s call-in procedures • Employer (not direct supervisor) can contact employee’s health care provider

  13. New FMLA Provisions • Fitness for Duty statements must have specifics for employee’s job duties • Medical Certification can be required every six months for employees with lifetime or chronic conditions • Designation must be be done in writing in five business

  14. Any Questions?

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