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Orange County Personnel Rules and Regulations Effective Date: May 17, 2010 10 <br />first. The leave cannot be counted against both an employee's <br />entitlement to 26 workweeks of leave for a military caregiver and <br />12 workweeks of FML for other FML - qualifying reasons. <br />V. If employee will be required to present a fitness- for -duty <br />certification to be restored to employment, the designation notice <br />shall provide notice of the requirement. If a fitness- for -duty <br />certification that addresses the employee's ability to perform the <br />essential functions of the employee's position is needed, the <br />designation notice will include a list of the essential functions of <br />the employee's position. <br />vi. The designation notice shall also contain the amount of leave <br />counted against the employee's FML entitlement. <br />b. An employee's leave may retroactively be designate as FML. However, if <br />leave is designated as FML retroactively, timely notice must be given to <br />the employee of such designation such that the designation does not cause <br />harm or injury to the employee. In all cases where leave qualifies for FML <br />protections, the County and employee can mutually agree that leave be <br />retroactively designated as FML. <br />C. When an employee is on paid leave but has not given notice of the need <br />for FML, the County shall, after a period of 10 workdays, request that the <br />employee provide sufficient information to establish whether the leave is <br />for a FML - qualifying reason. This does not preclude the County from <br />requesting the information sooner, or at any time an extension is <br />requested. <br />d. If an absence which begins as other than FML later develops into an FML <br />qualifying absence, the entire portion of the leave period that qualifies <br />under FML may be counted as FML. <br />e. The County may not designate leave that has already been taken as FML <br />after the employee returns to work, except if an employee is out for a <br />reason that qualifies for FML and the County does not learn of the reason <br />for the leave until the employee returns to work, the County may designate <br />the leave as FML within two business days of the employee's return (such <br />as when the employee's medical certification is received within the 15 day <br />timeframe, but after a return to work). <br />f An employee who gives notice of the reason for leave more than two days <br />after returning to work, shall not entitled to the protection of the FML. _ <br />Issue Date: May 17, 2010 Page 7 <br />