From: Subject: ECTOR COUNTY Date: Thu, 4 Mar 2010 16:17:24 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_000F_01CABBB6.2CC8CE80" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_000F_01CABBB6.2CC8CE80 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.co.ector.tx.us/hr/Data%20Files/FAMLP.htm ECTOR = COUNTY

ECTOR COUNTY,=20 TEXAS

FAMILY AND = MEDICAL LEAVE=20 POLICY

WITH

MILITARY LEAVE=20 ENTITLEMENTS

ADOPTED=20 BY

ECTOR = COUNTY

COMMISSIONERS=20 COURT

REVISED

SEPTEMBER 28,=20 2009

FAMILY AND = MEDICAL LEAVE=20 POLICY

WITH

MILITARY LEAVE=20 ENTITLEMENTS

Ector County will comply with the = Family and=20 Medical Leave Act implementing

Regulations as revised effective = January=20 16, 2009. Ector County posts the mandatory

FMLA Notice required by the U.S. = Department=20 of Labor (DOL) on Employee Rights and

Responsibilities under the Family = and=20 Medical Leave Act on the=20 Human Resources

Department bulletin board, as = well as with=20 other labor law posters located in each

separate Ector County building = and upon=20 hire, provides all new employees with said

notice. Ector County also = posts the=20 DOL supplementary information concerning Military

Family Leave at the same = locations.

The function of this Policy is to = provide=20 employees with a general description of their

FMLA rights. In the event = of any=20 conflict between this Policy and the applicable law,

employees will be afforded all = rights=20 required by law.

If you have any questions, = concerns, or=20 disputes with this Policy, you must contact the

Ector County Human Resources Director = at 1010 E.=20 8^th Street, Suite 630, Odessa, Texas

79761 in writing.

I. =20 GENERAL PROVISIONS:

It is the policy of Ector County = to grant=20 up to 12 weeks of family and medical leave (or

up to 26 weeks of military = caregiver leave=20 to care for a covered service member with a

serious injury or illness) during = any=20 12-month period to eligible employees. The leave

may be paid, unpaid, or a = combination of=20 paid and unpaid, depending on the

circumstances of the leave and as = specified=20 in this Policy.

During the leave period, health = insurance=20 benefits and other benefits specified in this

Policy will be continued, subject = to any=20 restrictions or conditions set forth in this Policy.

The right to take leave under = this Policy=20 shall apply equally to male and female

employees of Ector = County.

Ector County will require employees to = utilize=20 FMLA leave concurrently with other paid

leave, including sick leave, = vacation=20 leave, emergency leave, holiday leave and if

appropriate, Sick Pool leave and = workers=92=20 comp leave, if the reason for the leave qualifies

for FMLA leave, regardless of = whether or=20 not the employee has requested FMLA leave.

Ector County will provide written = notice of an=20 employee=92s effective date of being placed

on FMLA leave.

ALL ACCRUED PAID LEAVE AN = EMPLOYEE IS=20 REQUIRED TO TAKE

UNDER THIS POLICY SHALL COUNT = TOWARDS THE=20 TWELVE (12)

WEEKS OF FAMILY AND MEDICAL LEAVE = OR=20 MILITARY FAMILY AND

MEDICAL LEAVE OR UP TO 26 WEEKS = OF MILITARY=20 CAREGIVER LEAVE

GUARANTEED BY THIS = POLICY.

II. =20 ELIGIBILITY:

In order to qualify to take = family and=20 medical leave under this Policy, the employee must

meet all of the following=20 conditions:

(A) The=20 employee must have been employed by Ector County for at least 12 months = or 52=20 weeks. The 12 months or 52 weeks of employment by Ector County do = not need=20 to have been consecutive. Separate periods of employment will be = counted,=20 provided that the break in service does not exceed seven years or more. = Separate=20 periods of employment will be counted if the break in service exceeds = seven=20 years due to National Guard or Reserve military service = obligations. For=20 eligibility purposes, an employee will be considered to have been = employed for=20 an entire week even if the employee was on the payroll for only part of = a week=20 or if the employee is on leave during the week.

(B) The=20 employee must have worked at least 1,250 hours for Ector County during = the=20 12-month period immediately before the date when the leave is requested = to=20 commence. The principles established under the Fair Labor = Standards Act=20 (FLSA) determine the number of hours worked by an employee. The = FLSA does=20 not include time spent on paid or unpaid leave as hours worked. =20 Consequently, these hours of leave should not be counted in determining = the=20 1,250-hour eligibility test for an employee under FMLA.

III. =20 TYPE OF LEAVE COVERED:

To qualify as FMLA leave under = this Policy,=20 the employee must be taking the leave for one of the reasons = listed=20 below:

(A) The=20 birth of a child and in order to care for that child.

(B) The=20 placement of a child in the employee=92s home for adoption or foster = care and to=20 care for the newly placed child.

(C) =20 To care for a spouse, child, or parent with a serious health = condition=20 (described below).

(D) =20 The serious health condition (described below) of the=20 employee.

An employee may take leave = because of a=20 serious health condition that makes the employee unable to perform the = functions=20 of the employee=92s position.

A serious health condition = is=20 defined as a condition that requires overnight inpatient care at a = hospital,=20 hospice or residential medical care facility, including any period of = incapacity=20 or any subsequent treatment in connection with such inpatient care or a=20 condition that requires continuing care by a licensed health care=20 provider.

A serious health condition = involving=20 continuing treatment by a health care provider includes any one or more = of the=20 following:

(1) =20 A period of incapacity of more than three consecutive, full calendar = days, and=20 any subsequent treatment or period of incapacity relating to the same = condition,=20 that also involves;

= =20 (a) Treatment two or more = times within=20 30 days of incapacity, or

= =20 (b) Treatment by a health care = provider on at least one occasion which results

= = in a regimen of continuing treatment by a health care provider. = This=20 treatment must occur within the first seven days of = incapacity.

(2) =20 Any period of incapacity due to pregnancy or pre-natal care.

(3) =20 Any period of incapacity or treatment due to a chronic serious health = condition=20 that requires periodic visits to a health care provider and continues = over an=20 extended period of time.

(4) =20 Any period of incapacity which is permanent or long-term due to a = condition for=20 which treatment is not effective.

(5) =20 Any period of incapacity or absence to receive multiple treatments by a = health=20 care provider.

This Policy covers illnesses of a = serious=20 and long-term nature, resulting in recurring or lengthy absences. =20 Generally, a chronic or long-term health condition that would result in = a period=20 of three consecutive, full calendar days of incapacity, with the first = visit to=20 the health care provider within seven days of the onset of the = incapacity, and a=20 second visit within 30 days of the incapacity, would be considered a = serious=20 health condition. For chronic conditions requiring periodic health = care=20 visits for treatment, such visits must take place at least twice a=20 year.

Employees with questions about = what is=20 covered under this FMLA Policy or the County=92s Sick Leave Policy = should consult=20 with the Human Resources Director.

If an employee takes paid sick = leave for a=20 condition that progresses into a serious health condition and the = employee=20 requests FMLA leave as provided under this Policy, the County may = designate all=20 or some portion of the previous related leave taken as leave under this = Policy,=20 to the extent that the earlier leave meets the necessary=20 qualifications.

(E) =20 Qualifying exigency leave for families of members of the National = Guard=20 and Reserves when the covered military member is on active duty or = called to=20 active duty in support of a contingency operation.

An employee whose spouse, son, = daughter or=20 parent either has been notified of an

impending call or order to active = military=20 duty or who is already on active duty may take

up to 12 weeks of leave for = reasons related=20 to or affected by the family member=92s call-up

or service. The = qualifying=20 exigency must be one of the following:

(1) =20 Leave may be taken to address any issue that arises because the covered = military=20 member was given seven or less days notice for active duty deployment in = support=20 of a contingency operation. An eligible employee may take up to 7 days = beginning=20 on the date the covered military member receives the call or order to = active=20 duty.

(2) =20 Leave may be taken to attend any official ceremony, program or event = sponsored=20 by the military that is related to the active duty or call to active = duty status=20 of a covered military member.

(3) =20 Leave may be taken to attend family support or assistance programs and=20 informational briefings sponsored or promoted by the military, military = service=20 organizations or the American Red Cross that are related to active duty = or call=20 to active duty status of a covered military member.

(4) =20 Leave may be taken to arrange for alternative childcare, provide = childcare=20 on an urgent basis (not as routine), to attend school or daycare = meetings, to=20 enroll or transfer covered children under age 19 when it is necessitated = by the active duty or call to active duty status of a covered = military=20 member.

(5) =20 Leave may be taken to make or update financial or legal arrangements to = address=20 the covered member=92s absence while on active duty or call to active = duty status.=20

(6) =20 Leave may be taken to act as the covered military member=92s = representative before=20 a governmental agency for obtaining, arranging or appealing military = service=20 benefits while the covered military member is on active duty or call to = active=20 duty status and for a period of 90 days following the termination of the = covered=20 member=92s active duty status.

(7) =20 Leave may be taken to attend counseling provided by someone other than a = health=20 care provider for oneself, for the covered military member or covered = child=20 provided the need for counseling arises from the active duty status or = call to=20 active=20 &= nbsp;

=20 &= nbsp; duty=20 status of a covered military=20 member. = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ;=20

(8) =20 Leave may be taken to spend time with a covered = military=20 member who is on a

short-term, temporary rest and = recuperation=20 leave during leave during the period of deployment. Eligible = employees=20 make take up to five (5) days of leave for each instance of rest and=20 recuperation.

(9) =20 Leave may be taken to attend post-deployment activities for = the=20 covered military

= =20 member for a period of ninety (90) days following the termination = of the=20 covered=20 &= nbsp;

= =20 member=92s active duty status.

(10) Leave=20 may be taken to address issues that=20 arise from the death of a covered

= =20 military member while on active duty status.

(11) Leave=20 may be taken to address any other additional events = that may=20 arise out of

= =20 the covered military member=92s active duty or call to = active duty=20 status provided

= =20 the County agrees the leave shall qualify as an = exigency=20 and agrees to both the

= =20 timing and the duration of such leave

The leave may commence as soon as = the=20 individual receives the call-up notice. (Son or

Daughter for this type of FMLA = leave is=20 defined the same as for child for other types of

FMLA leave except that the person = does not=20 have to be a minor.) This type of leave

would be counted toward the = employee=92s=20 12-week maximum of FMLA leave in a 12-

month period.

(F) =20 Military caregiver leave (also known as covered service member = leave) to=20 care for an ill or injured service member.

This leave may extend up to 26 = weeks in a=20 single 12-month period for an employee to

care for a spouse, son, daughter, = parent or=20 next-of-kin covered service member with a

serious illness or injury = incurred in the=20 line of duty on active duty. Next-of-kin is defined

as the closest blood relative of = the=20 injured or recovering service member.

IV. =20 AMOUNT OF LEAVE

An eligible employee can take up = to 12=20 weeks for the FMLA circumstances (A) through

(E) above under this Policy during = any=20 12-month period. The county will measure the

12-month period as a rolling = 12-month=20 period measured backward from the date an

employee uses any leave under = this=20 Policy. Each time an employee takes leave, the

County will compute the amount of = leave the=20 employee has taken under this Policy in

the last 12 months and subtract = it from the=20 12 weeks of available leave, and the balance

remaining is the amount the = employee is=20 entitled to take at that time.

An eligible employee can take up = to 26=20 workweeks for the FMLA circumstance (F)

above (military caregiver leave) = during a=20 single 12-month period. For this military

caregiver leave, the County will = measure=20 the 12-month period as a rolling 12-month

period measured = forward. FMLA=20 leave already taken for other FMLA circumstances

will be deducted from the total = 26 weeks=20 available.

(1) =20 The single 12-month period begins on the first day the eligible employee = takes=20 FMLA to care for the covered service member and ends 12 months after = that=20 date.

(2) =20 If an eligible employee does not take all of their 26 workweeks during = this=20 12-month period, the remaining part of the 26 workweeks of leave = entitlement to=20 care for the covered service member is forfeited.

(3) =20 This leave entitlement is applied on a per-injury basis such that an = eligible=20 employee may be entitled to take more than one period of 26 workweeks of = leave=20 if the leave is to care for different covered service members or to care = for the=20 same covered service member with a subsequent serious illness or injury, = except=20 that no more than 26 workweeks may be taken within any single 12-month=20 period.

If a husband and wife both work = for the=20 County and each wishes to take leave for the

birth of a child, adoption or = placement of=20 a child in foster care, or to care for a parent (but

not a parent =93in-law=94) with a = serious=20 health condition, the husband and wife may only

take a combined total of 12 weeks = of=20 leave. If a husband and wife both work for the

County and each wishes to take = leave to=20 care for a covered injured or ill service member,

the husband and wife may only = take a=20 combined total of 26 weeks of leave.

V. =20 EMPLOYEE STATUS AND BENEFITS DURING LEAVE:

While an employee is on FMLA = leave, Ector=20 County will continue the employee=92s health

benefits during the leave = period at=20 the same level and under the same conditions as if the

employee had continued to = work.

If an employee chooses not to = return to=20 work for reasons other than a continued serious

health condition of the employee = or the=20 employee=92s family member or for circumstances

beyond the employee=92s control, = Ector County=20 will require the employee to reimburse

Ector County the amount it paid for = the=20 employee=92s health insurance premium during the

unpaid leave period.

(A) =20 Insurance Premiums

(1) =20 Under current Ector County policy, an employee pays for a portion of the = employee=92s own health care premiums, as well as a portion of the = health care=20 premiums for the employee=92s family (dependent coverage). While = on paid=20 leave, Ector County will continue to make payroll deductions to collect = the=20 employee=92s share of the health care premiums for the employee and his = or her=20 dependents. While on unpaid FMLA leave, the employee must continue = to make=20 this payment for the employee=92s portion of health care premiums for = the employee=20 and his or her dependents, either in person or by mail. The = payment must=20 be received in the Ector County Treasurer=92s Office by the = 5^th day of=20 each month. If the 5^th day falls on a weekend or = holiday, the=20 payment will be due on the next business day. If the payment is = more than=20 30 days late, the employee=92s dependent health care coverage may be = dropped for=20 the duration of the leave. The employer will provide 15 days=92 = notification=20 prior to the employee=92s loss of coverage.

(2) =20 If an employee contributes to a life insurance or disability plan, Ector = County=20 will continue making payroll deductions for these benefits while the = employee is=20 on paid leave. While on unpaid leave, the employee may request=20 continuation of such benefits and must continue to make this payment, = either in=20 person or by mail. The payment must be received in the Ector = County=20 Treasurer=92s Office by the 5^th day of each month. If = the=20 5^th falls on a weekend or holiday, the payment will be due on = the=20 next business day. If the payment is more than 30 days late, the=20 employee=92s life insurance or disability coverage may be dropped for = the duration=20 of the leave.

(3) =20 If an employee does not continue making payments for insurance or = disability=20 coverage as provided above, Ector County may discontinue this coverage = during=20 the leave period. At its sole option, Ector County may continue the=20 coverage. In this case Ector County may recover the payments at = the end of=20 the leave period from the employee in any manner authorized by law, = whether or=20 not the employee returns to work.

(4) =20 If an employee who is covered by the Ector County Health Benefit Plan = either=20 does not qualify for FMLA leave or has exhausted the entire FMLA leave = to which=20 he or she is entitled, then that employee shall be subject to the terms = and=20 conditions of the Benefit Plan listed under WHEN COVERAGE ENDS, = =93CEASING=20 ACTIVE WORK=94 and =93LIMITED CONTINUATION OF COVERAGE=94. These = sections=20 reference payment of premiums by employee during absence beyond FMLA and = under=20 circumstances which qualify for COBRA.

While an employee is on paid = leave, the=20 employee shall continue to accrue vacation time and sick time at the = same level=20 and under the same conditions as if the employee were not on = leave. An=20 employee on unpaid leave shall not accrue vacation time, sick leave, or = holiday=20 leave. While on unpaid leave, an employee will not accrue = seniority or=20 eligibility for raises.

The employee=92s rights and = credit towards=20 his or her retirement shall be governed by the

retirement system=92s = rules. Each=20 employee is responsible for determining his or her rights

and credit towards = retirement.

VI. =20 EMPLOYEE=92S STATUS AFTER LEAVE:

An employee who takes leave under = this=20 Policy may be asked to provide a fitness for

duty (FFD) clearance from a = health care=20 provider. This requirement will be included in

the employer=92s response to the = FMLA=20 request. Generally, an employee who takes FMLA

will be able to return to the = same position=20 or a position with equivalent status, pay,

benefits, and other employment = terms. =20 The position will be the same or one which is

virtually identical in terms of = pay,=20 benefits and working conditions.

Ector County will not use the taking = of FMLA=20 leave as a negative factor in employment

actions. Taking of FMLA = leave will=20 not result in denial of promotions or disciplinary

action.

If an employee is hired to = perform work on=20 a specific project or for a specific term, Ector

County will not be required to = restore the=20 employee if the employment term or project is

completed and Ector County would = not have=20 otherwise continued to employ the

individual. Ector County = shall not be=20 required to reinstate an employee if the employee

would not have otherwise been = employed by=20 Ector County when reinstatement is sought.

VII. = USE OF PAID=20 AND UNPAID LEAVE:

An employee who is taking FMLA = leave must=20 use all paid leave prior to being eligible

for unpaid leave. Of the = accrued=20 leave, comp time will be used first, with other

paid leave to be used in this = order: =20 sick leave, vacation leave, emergency leave and

holiday leave (will be taken by = those=20 employees who earn holiday leave). The remainder

of the 12 or 26 weeks provided by = FMLA=20 will be taken as unpaid leave.

The maximum amount of paid and = unpaid leave=20 that may be used under this policy in

any 12-month period is 12 weeks, = except for=20 qualifying leave to care for a covered

military member with a serious = injury or=20 illness with the maximum leave being 26

workweeks in a single 12-month=20 period.

The employee may apply for leave = from the=20 Sick Pool if the reason for the FMLA leave

is covered by the Sick Pool = Policy and if=20 approved, the Sick Pool time will run con-

currently with the FMLA = leave after=20 all of the employee=92s other paid leave has been

exhausted..

Disability leave, including = workers=92=20 compensation leave (to the extent it qualifies), will

be designated as FMLA leave and = will run=20 concurrently with FMLA. An employee will

not be required to use accrued = sick,=20 vacation, holiday or emergency leave for workers=92

compensation leave, with the = exception of=20 the first seven days.

An employee, who is using = military FMLA=20 leave for a qualifying exigency for a covered

military member or using FMLA = military=20 caregiver leave for the care of a covered

service member, must use all paid = leave=20 prior to being eligible for unpaid leave. Of the

accrued leave, comp time will be = used=20 first, with other paid leave to be used in this order:

sick leave, vacation leave, = emergency leave=20 and holiday leave (will be taken by those

employees who earn holiday = leave). =20

VIII. = INTERMITTENT=20 LEAVE OR REDUCED WORK SCHEDULE:

The employee may take FMLA leave = in 12=20 consecutive weeks, may use the leave

intermittently (take a day = periodically=20 when needed over the year) or, under certain

circumstances, may use the leave = to reduce=20 the workweek or workday, resulting in a

reduced hour schedule. In = all cases,=20 the leave may not exceed a total of 12 workweeks

(or 26 workweeks to care for an = injured or=20 ill service member over a 12-month period).

The County may temporarily = transfer an=20 employee to an available alternative position

with equivalent pay and benefits = if the=20 alternative position would better accommodate the

intermittent or reduced schedule, = in=20 instances of when leave for the employee or

employee=92s family member is = foreseeable and=20 for planned medical treatment, including

recovery from a serious health = condition or=20 to care for a child after birth, or placement for

adoption or foster = care.

For the birth, adoption or foster = care of a=20 child, the County and the employee must

mutually agree to the schedule = before the=20 employee may take the leave intermittently or

work a reduced schedule. = Leave for=20 birth, adoption or foster care of a child must be

taken within one year of the = birth or=20 placement of that child.

If the employee is taking leave = for a=20 serious health condition or because of the serious

health condition of a family = member, the=20 employee should try to reach agreement with

the County before taking = intermittent leave=20 or working a reduced hour schedule.

Ector County will require = certification of the=20 medical necessity for intermittent or

reduced schedule leave. Employees = seeking=20 intermittent leave or a reduced work

schedule must attempt to schedule = the leave=20 so as not to disrupt the operations of Ector

County and their = department. =20 Intermittent leave may not be taken in increments of less

than one-quarter hour.

IX. =20 CERTIFICATION OF THE SERIOUS HEALTH CONDITION:

Ector County will require = certification for the=20 employee=92s serious health condition. The

employee must respond to such a = request=20 within 15 days of the request or provide a

reasonable explanation for the = delay. =20 Failure to provide certification may result in denial

of continuation of = leave. =20 Medical certification will be provided using the DOL

Certification of Health Care = Provider for=20 Employee=92s Serious Health Condition

Form (WH-380-E) available in the Human Resources = Department=20 or online at

(http://www.dol.gov= /esa/whd/forms/WH-380-E.pdf).

The County may directly contact = the=20 employee=92s health care provider for verification or

clarification purposes using a = health care=20 professional, an HR professional or benefits

coordinator. The County = will not use=20 the employee=92s direct supervisor for this contact.

Before the County makes this = direct contact=20 with the health care provider, the employee

will be given an opportunity to = resolve any=20 deficiencies in the medical certification. In

compliance with HIPAA Medical = Privacy=20 Rules, the County will obtain the employee=92s

permission for his/her physician = to clarify=20 individually identifiable health information.

The County has the right to ask = for a=20 second opinion if it has reason to doubt the

certification. The County = will pay=20 for the employee to get a certification from a second

doctor, which the County will = select. =20 The County may deny FMLA leave to an employee

who refuses to release relevant = medical=20 records to the health care provider designated to

provide a second or third = opinion. If=20 necessary to resolve a conflict between the original

certification and the second = opinion, the=20 County will require the opinion of a third doctor.

The County and the employee will = mutually=20 select the third doctor, and the County will

pay for the opinion. This = third=20 opinion will be considered final. The employee will be

provisionally entitled to leave = and=20 benefits under the FMLA pending the second and/or

third opinion.

X. =20 CERTIFICATION FOR THE FAMILY MEMBER=92S SERIOUS =

HEALTH=20 CONDITION:

The County will require = certification for=20 the family member=92s serious health condition.

The employee must respond to such = a request=20 within 15 days of the request or provide a

reasonable explanation for the = delay. =20 Failure to provide certification may result in denial

of continuation of = leave. =20 Medical certification will be provided using the DOL

Certification of Health Care = Provider for=20 Family Member=92s Serious Health

Condition Form = (WH-380-F) available in the Human Resources = Department or online

at (http://www.dol.gov= /esa/whd/forms/WH-380-F.pdf).

The County may directly contact = the=20 employee=92s family member=92s health care provider

for verification or clarification = purposes=20 using a health care professional, an HR

professional or benefits = coordinator. The=20 County will not use the employee=92s direct

supervisor for this = contact. Before=20 the County makes this direct contact with the health

care provider, the employee will = be given=20 an opportunity to resolve any deficiencies in

the medical certification. = In=20 compliance with HIPAA Medical Privacy Rules, the County

will obtain the employee=92s = family member=92s=20 permission for his/her physician to clarify

individually identifiable health=20 information.

The County has the right to ask = for a=20 second opinion if it has reason to doubt the

certification. The County = will pay=20 for the employee=92s family member to get a

certification from a second = doctor, which=20 the County will select. The County may deny

FMLA leave to an employee whose = family=20 member refuses to release relevant medical

records to the health care = provider=20 designated to provide a second or third opinion. If

necessary to resolve a conflict = between the=20 original certification and the second opinion,

the County will require the = opinion of a=20 third doctor. The County and the employee will

mutually select the third doctor, = and the=20 County will pay for the opinion. This third

opinion will be considered = final. The=20 employee will be provisionally entitled to leave

and benefits under the FMLA = pending the=20 second and/or third opinion.

XI. =20 CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY =

FAMILY=20 LEAVE:

The County will require = certification of=20 the qualifying exigency for military family leave.

The employee must respond to such = a request=20 within 15 days of the request or provide a

reasonable explanation for the = delay. =20 Failure to provide certification may result in denial

of continuation of = leave. =20 Medical certification will be provided using the DOL

Certification of Qualifying = Exigency for=20 Military Family Leave Form (WH-384)

available in the Human Resources = Department=20 or online at

(http://www.dol.gov/e= sa/whd/forms/WH-384.pdf).

XII. = CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICE MEMBER = FOR=20 MILITARY FAMILY LEAVE:

= =

The County will require = certification for=20 the serious injury or illness of the covered

service member. The = employee must=20 respond to such a request within 15 days of the

request or provide a reasonable = explanation=20 for the delay. Failure to provide certification

may result in denial of = continuation=20 of leave. Medical certification will be provided

using the DOL Certification = for Serious=20 Injury or Illness of Covered Service Member

Form (WH-385) available in the Human Resources = Department or online at

(http://www.dol.gov/e= sa/whd/forms/WH-385.pdf).

XIII. =20 RECERTIFICATION:

= &= nbsp; =20

The County may request = recertification for=20 the serious health condition of the employee

or the employee=92s family member = no more=20 frequently than every 30 days and only when

circumstances have changed = significantly,=20 or if the employer receives information casting

doubt on the reason given for the = absence,=20 or if the employee seeks an extension of his or

her leave. Otherwise, the = County may=20 request recertification for the serious health

condition of the employee or the = employee=92s=20 family member every six months in

connection with an FMLA = absence. The=20 County may provide the employee=92s health care

provider with the employee=92s = attendance=20 records and ask whether the need for leave is

consistent with the employee=92s = serious=20 health condition.

XIV. = PROCEDURE=20 FOR REQUESTING FMLA LEAVE:

All employees requesting FMLA = leave must=20 provide verbal or written notice of the need for the leave to the Human=20 Resources Director or the director=92s designee. Within five = business days=20 after the employee has provided this notice, the HR Director or the = director=92s=20 designee will complete and provide the employee with the DOL Notice = of=20 Eligibility and Rights Form (WH-381).

When the need for the leave is = foreseeable,=20 the employee must provide the employer with at least 30 days=92 = notice. When=20 an employee becomes aware of a need for FMLA leave less than 30 days in = advance,=20 the employee must provide notice of the need for the leave either the = same day=20 or the next business day. When the need for FMLA leave is not = foreseeable,=20 the employee must comply with the County=92s usual and customary notice = and=20 procedural requirements for requesting leave, absent unusual=20 circumstances.

XV. =20 DESIGNATION OF FMLA LEAVE;

Within five business days after = the=20 employee has submitted the appropriate certification form, the HR = Director or=20 the director=92s designee will complete and provide the employee with a = written=20 response to the employee=92s request for FMLA leave using the DOL = Designation=20 Notice Form (WH-382).

XVI. = EMPLOYEE=92S=20 DUTIES DURING LEAVE:

=20 While on leave, = employees=20 are required to report periodically to their Department Head

or Elected Official regarding the = status of=20 the medical condition, and their intent to=20 return &nbs= p;=20

to work. Unless otherwise = arranged=20 with the Department Head or Elected Official, while on FMLA leave, = employees=20 must maintain weekly contact with the Department Head or Elected = Official. =20 Employees who fail to report periodically and fail to respond to = questions=20 regarding their status and intent to return may be deemed to have = abandoned=20 their positions as that term is defined in this Policy. =

An employee may be engaged in = outside=20 employment with an entity in addition to his or

her position with Ector = County. =20 However, outside employment while on FMLA leave

may raise questions about the = employee=92s=20 ability to perform the essential functions of the

employee=92s position and = entitlement to=20 leave for his or her own serious health condition.

As a result, the employee may be = required=20 to obtain recertification of the employee=92s

health condition, if that = condition forms=20 the basis for the leave request.

XVII. = ABANDONMENT=20 OF POSITION:

(A) =20 Employees who = fail to=20 return to work after the maximum FMLA leave described in this Policy = expires,=20 shall automatically be separated for job abandonment unless:

= &= nbsp; &n= bsp; =20

1. =20 (a) The employee has accrued paid = leave in=20 excess of the 12 week

period; = and =20

=20

(b) = =20 The employee has told the employee=92s Department Head or Elected = Official prior=20 to the 12 week FMLA leave being exhausted that the employee will be = taking=20 additional accrued paid leave; or

2. =20 The employee=92s medical condition qualifies under the American=92s with = Disabilities Act (ADA) and an extension of leave is required as an=20 accommodation.

(B) If=20 an employee fails to return from unpaid FMLA leave for reasons other=20 than:

1. =20 the continuation of a serious health condition of the employee or a = covered=20 family member; or

2.=20 circumstances beyond the = employee=92s=20 control (certification required within 30 days of failure to = return for=20 either reason);

the employee is required to = reimburse Ector=20 County for all medical premiums paid by Ector County on the employee=92s = behalf=20 during the period of leave.

= =20 &nbs= p; =20

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