HomeMy WebLinkAboutResolutions - 1993.08.05 - 22157MISCELLANEOUS RESOLUTION #93142 August 5, 1993
BY: PERSONNEL COMMITTEE — Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT — MERIT SYSTEM RULES, SUBMISSION OF
MODIFICATIONS TO MERIT SYSTEM RULE 21
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in
the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a
regular meeting of the Board and shall become effective thirty (30) days after such meeting unless
objection is received in writing by the Chairperson of the Board of Commissioners, in which case the
objection shall become a matter of business at the next meeting of the Board; and
WHEREAS it has become necessary to make certain modifications to the wording -Of Rule 21, as
spelled out in the attached document entitled "Proposed Merit Rule Change", to comply with federal
legislation entitled Family and Medical Leave Act of 1993; and
WHEREAS your Personnel Committee has reviewed and approved these modifications at its
meeting of July 28, 1993.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this
notice and the attached copies of Rule 21 to all commissioners present and absent to be considered as
the official submission to the Board of Commissioners of the described modifications in Rule 21.
Chairperson, on behalf of. the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
. I Y LEAVE
7-14-93
PROPOSED MERIT RULE CHANGE
21.1 DaiNITION OF FAMILY LEAVE
21.1.1 A leave of absence from work for the following purposes:
21.1.1.1 providing care for the employee's newborn child or
child placed with the employee for adoption or foster care; and
21.1.1.2 providing care during the serious health condition of
the employee's child, parent or spouse; and
21.1.1.3 serious health condition of the employee that makes
the employee unable to perform the functions of their position.
21.1.2 An employee may use up to a total of 12 work weeks during a
calendar year for one or more of the purposes described above in
21.1.1. For part-time eligible employees, the amount of family
leave allowed will be calculated on a pro rata basis.
21.1.3 An employee must exhaust all leave banks except sick or sick
leave reserve prior to using leave without pay during a Family Leave
for birth, adoption or foster care. In addition, an employee must
also exhaust their available sick leave or sick leave reserwebank
prior to using leave without pay in the event of family leaVe due to
a serious health condition (see also 21.7) or during serious health
condition of employees child, parent or spouse (see 21.6). In the
case of a serious health condition of the employee, drawing from
leave banks is not required if the employee is collecting short or
long term disability, except for the waiting period.
21.1.4 Subject to eligibility, notification and certification
requirements and final approval by the Personnel Department, Family
Leave shall be granted at the employee's discretion. The employee
must keep their own department/division as well as the Personnel
Department/priployee Records Unit informed at all times as to their
status and intention to return to work. Be advised that abuse of
this leave will result in cancellation and may result in
disciplinary action up to and including- dismissal from County
employment.
' 0 21.2 ELI eiu mrry Y LEAVE
21.2.1 Any employee eligible for employee benefits who has been
employed for at least 12 months and has worked at least 1250 hours
during the 12 month period immediately preceeding the leave is
eligible.
AND 21.3 NOTIFICATICH CERTIFICATICN CV F
21.3.1 Except in the case of emergency, employees must complete a
"Request for Family Leave" form and provide it to their department
head or their designee, 30 calendar days prior to the intended use
of Family Leave. Failure to provide adequate notice may result in
denial of Family Leave. The employee may be required to provide
other certifiable documentation (e.g. birth certificate, date of
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21.4.1.6 will have group health, dental and vision coverage
maintained during the period of an approved family leave.
Employees on such leave should contact the Employee Benefits
Unit of the Personnel Department to make arrangements to pay
any premiums (e.g. family continuation riders, dependent
dental, etc.) that they would normally pay while actively
working.
21.4.1.7 will retain full coverage under the Employee's Group
Life Insurance Plan. The County will continue to pay the
premium for the term portion of the employee's Group Life
insurance.
21.4.1.8 will retain full coverage under the County short and
long term disability plan for the remainder of the month in
which a requested and approved leave without pay begins plus
all of the month immediately following the month in which the
leave without pay begins. Employees must meet all other
requirements, as approved by the insurance carrier, in order
to receive payments.
21.4.1.9 is allowed to return to work at the end of the
Family Leave to the same classification that the employee was
performing when he or she went on leave and to the salary in
effect for that class at the time of the return from leave.
21.5 BIRTH, =Maki CR FOSTER CARE
21.5.1 Family leave for the purpose of providing care for the
employee's newborn child, foster child or newly adopted child must
be taken within 12 calendar months of the date of birth or adoption.
Leave for these purposes shall not be taken intermittently or on a
reduced leave schedule (partial days). Birth certificate, date of
petition papers or other verifiable documentation may be required.
21.5.2 An employee and spouse who both work for Oakland Count Y are
limited to a combined total of 12 work weeks during the 12 month
period for family leave described under this section.
TH 21.6 SERIOUS CCIND ITICU OF A . cami PARENT OR SPCUSE
21.6.1 A serious health condition is defined as an illness, injury,
impaitatent or physical or mental condition that involves inpatient
care in a hospital, hospice or residential medical care facility or
continuing treatment by a health care provider. The employee may be
required to provide certifiable documentation. Certification
provided under this section shall be sufficient if it states: (1)
the date on which the serious health condition commenced; (2) the
probable duration of the condition; (3) the appropriate medical
facts within the knowledge of the health care provider regarding the
condition; (4) a statement that the eligible employee is needed to
care for the son, daughter, spouse, or parent and an estimate of the
amount of time that such employee is needed to care for the son/
,daughter, spouse, or parent.
21.7 SERIOUS TH CONDITICN OF AN EMPLOYEE
21.6.2 Leave may be taken intermittently or by utilizing partial
days off when medically necessary. If an employee requests
intermittent leave, or leave on a reduced leave schedule that is
foreseeable based on planned medical treatment, the County may
require such employee to transfer temporarily to an available
alternative position offered by the County for which the employee is
qualified and that; (A) has equivalent pay and benefits; and (B)
better accommodates recurring periods of leave than the regular
employment position of the employee. In the case of certification
for intermittent leave, or leave on a reduced leave schedule, for
planned medical treatment, the dates on which such treatment is
expected to be given and the duration of such treatment may be
required.
21.6.3 A spouse is defined as a husband or wife. Employee may be
required to provide proof of
21.6.4 Parent-child relationship is defined as a biological,
adopted, foster, step child, legal ward or a child of a person
standing in loco parentis (e.g. an aunt, uncle, etc. who acted as a
parent to the child). Employee may be required to provide proof of
relationship.
21.6.5 Parent relationship includes employee's biological_ parents
or an individual who stood in loco parentis (e.g. an aunt,-uncle,
etc. who acted as a parent to the employee) for the employee.
Employee may be required to provide proof of relationship.
21.7.1 A serious health condition is defined as an illness,
impairment, or physical or mental condition that involves; (A)
inpatient care in a hospital, hospice, or residential medical care
facility; or (B) .continuing treatment by a health care provider.
Employees covered by the Short/Long Term disability plan whose
personal illness or disability is expected to last more than 5
consecutive working days must make application for disability
benefits. Completing a family leave request form is not required if
you have made application for short/long term disability.
21.7.2 Request for leave to be taken intermittently or on a reduced
leave schedule may require certification by a health care provider
stating the medical necessity, dates of treatment and expected
duration of treatment.
21.7.3 All
the waiting
accumulation
21.7.4 All
the 12 work
(see section
time spent on short and long term disability, including
period, shall count toward the 12 work week total
allowed in a 12 month period. (see section 21.1.2.)
time spent on worker's compensation shall count toward
week total accumulation allowed in a 12 month period.
21.1.2.)
21.7.5 Certification provided under this section shall be
sufficient if it states: (1) that the employee is unable to perform
the functions of the position of the employee; (2) the date on which
the serious health condition commenced; (3) the pro.'-.1e duration of
the condition; (4) the appropriate medical facts within the
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FRO1 21.8
knowledge of the health care provider regarding the condition; (5)
in the case of certification for intermittent leave, or leave on a
reduced leave schedule, a statement of the medical necessity for the
intermittent leave or leave on a reduced leave schedule, and the
expected duration of the intermittent leave or reduced leave
schedule.
A FAMILY LEAVE
21.8.1 When an employee returns from a Family Leave, the employee's
department head must notify the Employee Records Unit of the
Personnel Department to verify the actual dates of Family Leave
usage, before the employee can be returned to the payroll.
21.8.2 Consistent with the employee's authorization provided on the
"Request for Family Leave" form, if the employee fails to return to
County employment at the end of a Family Leave, the employee will be
considered to have resigned from County employment effective on the
date the employee was expected to return to work and may be liable
for any health premiums paid by the County during the period of
family leave.
21.8.3 Returning to work prior to the return to work date indicated
on the request for family leave form is permitted, upori written
notification to their department/division and the Employee Records
Unit of the Personnel Department. All such requests are subject to
final approval of the Personnel Department.
YOUD. MGHTS
undo- the
FAMILY I MEDIC/A..., LEAVE ACT OF 1993
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible"
employees for certain family and medical reasons. Employees are eligible if they have worked for a covered
employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50
employees within 75 miles.
REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any of the following reasons:
0- to care for the employee's child after birth, or placement for adoption or foster care;
0- to care for the employee's spouse, SOD or daughter, or parent, who has a serious health condition; or
0- for a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
ADVANCE NOTICE AND MEDICAL CERTIFICATION: The employee may be required to provide advance
leave notice and medical certification. Taking of leave may be denied if requirements are not met.
0- The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
0- An employer may require medical certification to support a request for leave because of a serious health
condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to
return to work.
JOB BENEFITS AND PROTECTION:
0- For the duration of FMLA leave, the employer must maintain the employee's health coverage under any
"group health plan."
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with
equivalent pay, benefits, and other employment terms.
0- The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of
an employee's leave.
UNLAWFUL ACTS BY EMPLOYERS: FMLA makes it unlawful for any employer to:
0- interfere with, restrain, or deny the exercise of any right provided under FMLA,
0- discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for
involvement in any proceeding under or relating to FMLA.
ENFORCEMENT:
The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or
collective bargaining agreement which provides greater family or medical leave rights.
FOR • II DITIONAL 0 ' TION: Contact the nearest office of the Wage and Hour Division, listed in
nost telephone directories under U.S. Government, Department of Labor.
U.S. Department of Labor, Employment Standards Administration WI-1 Publication 1420