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Orange County Personnel Rules and Regulations Effective Date: May 17, 2010 5 <br />IV. ADMINISTRATIVE RULE5 AND REGULATIONS <br />A. FML Employee Eligibility. <br />1. An employee's eligibility for family and medical leave shall be made based on the <br />employee's months of service and hours of work as of the date leave is to commence. <br />Employees must have worked for Orange County for a total of 12 months and have <br />worked at least 1,250 hours over the previous 12 months in any category of <br />employment. <br />2. Employment periods prior to a break in service of seven years or more need not be <br />counted in determining whether the employee has been employed by the County for <br />at least 12 months. Time spent in the National Guard or reserves counts as time . <br />worked to determine eligibility for family and medical leave. <br />B. FML Leave Entitlement <br />1. Family and Medical Leave. An eligible employee is entitled to a total of 12 <br />workweeks, paid or unpaid, leave during the 12-month period beginning with the <br />first day of Family and Medical Leave taken: <br />a. For the birth of a child and to care for the newborn child after birth, <br />provided the leave is taken within a 12-month period following birth; or <br />b. For the placement of or to care for a child placed with the employee for <br />adoption or foster care, provided the leave is taken within a 12-month <br />period following placement, or <br />c. For the employee to care for the employee's child, spouse, domestic <br />partner or parent, where that child, spouse, domestic partner or parent has <br />a serious health condition; or <br />d. Because the employee has a serious health condition that prevents the <br />employee from performing one or more essential functions of the position; <br />or <br />e. Because of any qualifying exigency arising out of the fact that the spouse, <br />domestic partner or a son, daughter, or parent is a covered military <br />member on active duty (or has been.notified of an impending call or order <br />to active duty=) in support of a contingency operation. <br />2. Military Caregiver Leave (Covered Service Member Leave). <br />a. Eligible Employee. An eligible employee who is the spouse, domestic <br />partner, son, daughter, parent, or next of kin of a covered service member <br />shall be entitled to a total of 26 workweeks of leave during a single 12- <br />month period (commencing on the date the employee first takes leave) to <br />care for a covered service member who has a serious injury or illness <br />Issue Date: May 17, 2010 Page 2 <br />