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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 18, 2010 <br />Action Agenda <br />Item No. <br />SUBJECT: Amendment to the Orange County Personnel Ordinance, Article IV, Section <br />14.0, Family Leave to Add Provisions for Family Medical Leave Act of 1993 <br />DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Current: Orange County Personnel <br />Ordinance Article IV, Section 14.0, <br />Family Leave and Proposed: <br />Amendment to Orange County <br />Personnel Ordinance Article IV, <br />Section 14.0 of the Personnel <br />INFORMATION CONTACT: <br />Michael McGinnis, Human Resources <br />Director, 245-2552 <br />Diane Shepherd, Benefits Manager, <br />245-2558 <br />Ordinance, Family Medical Leave Annette Moore, Staff Attorney, 245-2317 <br />2. Administrative Rules and Regulations <br />PURPOSE: To consider an amendment to Article IV, Section 14.0 of the Orange County <br />Personnel Ordinance to add provisions relating to the Family and Medical Leave Act of 1993 <br />("FMLA"). <br />BACKGROUND: The Orange County Personnel Ordinance was adopted in 1985. Since its <br />adoption, laws affecting the rights and responsibilities of both employees and employers have <br />changed significantly. In 1993, Congress enacted the Family and Medical Leave Act. Although <br />the County has been complying with all aspects of the FMLA since its enactment, the Personnel <br />Ordinance was not amended to include FMLA provisions. <br />The FMLA originally provided for employees to take up to 12 weeks of unpaid, job-protected <br />leave in a 12-month period to care for a family member with a serious health condition; for the <br />birth, adoption, or fostering of a child; and to care for a personal serious health condition. <br />FMLA leave can be taken intermittently, and can run concurrently with accrued paid leave (such <br />as sick and vacation leave) to cover some or all of the FMLA leave. It also requires covered <br />employers to provide health insurance during the absences as if the employee were actively <br />employed. <br />Orange County employees are eligible for FMLA if they have: <br />Worked for the County for a total of 12 months; and <br />Worked at least 1,250 hours over the previous 12 months <br />In 2008 and 2009, the National Defense Authorization Act of 2008 and 2010 amended the <br />FMLA to expand its coverage to family members of military personnel. These changes became <br />