4-10 Medical Leave Policy -Section II: Policy

The County will provide medical leave in accordance with federal, state, and local laws, regulations and agreements that govern medical leaves of absence. Where multiple, overlapping medical leave provisions apply, they will be applied at the same time to the extent allowed by law.

A. Eligibility Requirements for Medical Leave – Federal Law

1.Eligibility

The Family and Medical Leave Act (FMLA) provides an eligible employee with a right to unpaid, job-protected leave and continuation of health insurance benefits. To be eligible for FMLA protections, a County employee must have been employed with the County for at least 12 months (which do not need to be consecutive) AND; have worked at least 1,250 hours during the 12 month period immediately before the leave starts; AND have a qualifying serious health condition or family circumstance that is covered by FMLA.

2. Amount of Protected Leave and Qualifying Reasons for FMLA Leave:

a. Basic FMLA Leave: FMLA provides an eligible employee up to 12 work weeks (typically up to 480 hours for a 1.0 full-time equivalent position) of unpaid leave for certain family and medical reasons during a 12- month period. The County uses a “rolling” 12-month period of time, measured backwards from when an employee first uses FMLA leave. Leave may be taken for any one or more of the following reasons:

i. For the employee’s own serious health condition that makes the employee unable to perform their job.

ii. For the employee’s own disability due to pregnancy, childbirth, or related medical condition.

iii. Bonding and/or caring for a newborn, newly adopted, or newly placed foster child.

iv. To care for the employee’s FMLA-defined family member: spouse, child, or parent, with a serious health condition.

v. Because of any qualifying exigency arising out of the fact that the employee’s FMLA-defined spouse, child, or parent is on covered active duty or has been notified of an impending call or order to active duty status in the Armed Forces of the United States (including the National Guard and Reserves)

b. FMLA Military Caregiver Leave. An FMLA eligible employee who is the spouse, child, parent or next of kin (as defined by FMLA) of a covered servicemember may take up to 26 weeks of leave during a single 12-month period to care for the covered servicemember with a serious injury or illness. Leave to care for a covered servicemember is only available during a single 12-month period. The single 12-month period begins on the first day the eligible employee takes leave to care for the injured servicemember. The eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reasons during the single 12-month period. Up to 12 of the 26 weeks may be for an FMLA-qualifying reason other than military caregiver leave.

If both spouses are employed by the County and qualify for leave as stated above, they are limited to a combined total of 26 workweeks of leave in a single 12-month period to care for a covered servicemember.

B. Eligibility Requirements for Medical Leave – State Laws

1. Eligibility

a. California Family Rights Act (CFRA) provides an eligible employee with a right to unpaid, job-protected leave and continuation of health insurance benefits. To be eligible for CFRA protections, a County employee must have been employed with the County for at least 12 months (which do not need to consecutive) AND; have worked at least 1,250 hours during the 12 month period immediately before the leave starts; AND have a qualifying serious health condition or family circumstance that is covered by CFRA.

b. California Pregnancy Disability Leave (CPDL) provides an eligible employee the right to unpaid, job protected leave when they are disabled due to pregnancy, childbirth, or related medical conditions. There are no service time requirements to qualify for CPDL.

c. The California Healthy Workplaces, Healthy Families Act (California Paid Sick Leave Law, or PSL) requires employers to provide sick leave to an employee that can be used for the employee’s own illness or to care for a PSL-defined family member. For all County regular and extra-help employees, the County provides sick leave accrual rates, accrual caps, and annual use limits in excess of PSL’s requirements. Refer to the applicable union contract or Salary Resolution for details on sick leave accrual rates and usage requirements.

d. The California Kin Care Act allows an employee, in any calendar year, to use an amount of accrued sick leave that is not less than the amount of leave an employee would accrue in a six-month period, for the employee’s own health condition, to care for an ill PSL-defined family member, or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking. The County may not automatically designate sick leave use as kin care. The employee has the right to designate use of sick leave accruals as personal sick leave, kin care, or for domestic violence/sexual assault related reasons.

2. Amount of Protected Leave and Qualifying Reasons for CFRA and CPDL Leave:

a. Basic CFRA Leave: CFRA provides an eligible employee up to 12 work weeks (typically up to 480 hours for a 1.0 full-time equivalent position) of unpaid leave for certain family and medical reasons during a 12 month period. This is determined by a “rolling” 12-month period measured backwards from when an employee first uses CFRA leave. Leave may be taken for any one or more of the following reasons:

i. For the employee’s own serious health condition that makes the employee unable to perform their job.ii. Bonding and/or caring for a newborn, newly adopted, or newly placed foster child.
iii. To care for the employee’s CFRA-defined: spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, or designated person, with a serious health condition.
iv. Because of any qualifying exigency arising out of the fact that the employee’s CFRA-defined: spouse, registered domestic partner, child, or parent is on covered active duty or has been notified of an impending call or order to active duty status in the Armed Forces of the United States (including the National Guard and Reserves).

b. CPDL Leave:

i. An employee disabled due to pregnancy, childbirth, or a related medical condition is entitled to up to four months (17 1/3 weeks) of disability leave per pregnancy.

ii. Leave can be taken before and after birth during any period of time the employee is physically unable to work due to pregnancy or a pregnancy-related condition. All leave taken in connection with a specific pregnancy counts toward the four-month period total.

iii. CPDL is available when the employee is actually disabled. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.

C. Additional Medical Leave Provisions

1. County of Sonoma Civil Service Rules

a. Rule 12 states that department heads may grant leaves without pay, for periods not to exceed six months, at the request of the employee concerned, to employees of their departments because of illness, disability, pregnancy, child rearing, or for educational purposes or for any other reasons the appointing authority deems appropriate. Requests for leaves without pay for periods in excess of six months shall be submitted by the department head, together with a written recommendation, to the Human Resources Director for approval or disapproval. Rule 12 also provides for certain appeal procedures if the leave request is denied. Employees will not receive salary during the leave but may apply accrued and donated leave hours as provided in negotiated union contracts and the Salary Resolution.

b. Rule 12 states that for disabilities which are found by the State Worker's Compensation Appeal Board or the Industrial Accident Commission to be incurred as a result of Sonoma County employment, leave without pay shall be approved by department heads and the County Human Resources Director for the period following expiration of paid sick leave and vacation until discontinuation of disability compensation payments.

2. Continuation of County-Paid Health Benefit Premiums

a. During FMLA/CFRA leave, an eligible employee is entitled to receive paid group health plan coverage while on leave for up to 12 work weeks (typically up to 480
hours for a 1.0 full-time equivalent position) at the same levels they had before they took leave. During this time, the County will continue paying the County portion of the health benefit premiums and the employee is responsible for paying the employee portion. This benefit is also applicable to PDL leave; however, the 12 work week cap does not apply, and the County will continue paying the County portion of health benefit premiums for the duration of the approved PDL leave.

b. For an employee’s own medical or pregnancy disability, the County will continue to pay the County’s portion of benefit premiums (including medical, dental, life, vision, and long-term disability) for a total of 13 pay periods (26 weeks). The 13 pay period benefit begins with the first pay period in which the employee is in leave without pay (LWOP) status for greater than 50% of their Full-Time Equivalent (FTE). The 13-pay period benefit applies to all permanent and probationary employees, regardless of length of service or hours worked. The 13-pay period benefit will run concurrently to FMLA/CFRA/CPDL leave, if eligible. The 13-pay period benefit applies to the employee’s own medical or pregnancy disability only. It does not apply to family care, military caregiver leave, or qualifying exigencies. During the 13-pay period benefit, the employee is responsible for paying the employee portion of their benefit premiums. Please see 4. I. for further details.

c. Once the employee either reaches the end of the 13 pay period benefit or enters into LWOP status greater than 50% of their FTE for a reason other than their own medical or pregnancy disability, the employee will be notified either: (1) to pay the full premium directly to the Auditor-Controller’s Office; or (2) of their COBRA right to continue group health insurance benefits at the employee’s cost, in accordance with negotiated union contract or Salary Resolution provisions.

D. Restoration of Employment and Benefits Following a Medical Leave

At the end of FMLA/CFRA/CPDL-qualifying leave, subject to some exceptions including situations where job restoration of a key employee will cause the County substantial and grievous economic injury, an employee generally has a right to return to the same or equivalent position they held before the FMLA/CFRA/CPDL protected leave. CFRA extends job restoration rights to a key employee. An employee on CPDL leave who is not on FMLA/CFRA is entitled to the right to return to the same position or a substantially similar position held before the leave unless the position has been eliminated.
The department, in consultation with Human Resources Disability Management, will notify the employee if they qualify as a key employee (applicable to FMLA leave only), if it intends to deny reinstatement, and of their rights in such instances. Use of FMLA/CFRA/CPDL leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA/CPDL leave.

E. Coordination with Other Policies and Provisions

FMLA/CFRA/CPDL does not affect any federal, state or local law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Whenever permissible by law, the County will run FMLA/CFRA/CPDL leave concurrently with any other leave provided under state or local law, civil service rule, or an applicable collective bargaining agreement. Additionally, medical leave may be provided as a reasonable accommodation, as determined on a case-by-case basis, under the Americans with Disabilities Act and the County’s Disability and Reasonable Accommodation Policy.

F. Questions and Policy Compliance

If you have questions regarding this policy, please contact your department’s human resources staff, payroll staff, or the County’s Human Resources Disability Management Unit. The County is committed to complying with all federal, state, and local laws and regulations pertaining to medical leave, and shall interpret and apply this policy in a manner consistent with the law.
The FMLA makes it unlawful for employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. Discrimination is also prohibited under CFRA and CPDL. If an employee believes their FMLA/CFRA/CPDL rights have been violated, they should contact the Human Resources Equal Employment Opportunity (EEO) unit, or the Human Resources Disability Management unit immediately. The County will investigate any complaints and take prompt and appropriate remedial action to address and/or remedy any violation.
An employee also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations. For CFRA and CPDL, an employee can also file complaints with the California Civil Rights Department.

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