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Orange County Personnel Rules and Regulations Effective Date: May 17, 2010 7 <br />a. Fain Labor Standards Act. Employees subject to the Fair Labor Standards <br />Act ( "FLSA ") must fast use any accrued overtime compensatory time <br />during FML. <br />b. Overtime Compensatory Time. All overtime compensatory time and paid <br />leave used shall be counted against the employee's FML entitlement. <br />c. 12 Week Entitlement. All approved periods of paid leave and periods of <br />leave without pay (including leave without pay while drawing short-term <br />disability benefits) count towards the 12 (or 26, as appropriate) <br />workweeks to which the employee is entitled. <br />d. Worker's Compensation. If an employee is out on workers' compensation <br />leave, the time away from work is not considered as a part of the FML <br />entitlement. <br />e. Leave Without Pay Status. The Department shall keep track of the <br />employee's. leave and notify Human Resources if the employee enters <br />leave without pay status. (Use Personnel Action Form) <br />7. Intermittent Leave. Intermittent leave may be taken "intermittently or on a <br />reduced leave schedule" under certain circumstances. <br />a. Increments of Leave. Intermittent leave can be taken in separate blocks of <br />time due to a single qualifying reason. A reduced leave schedule is a leave <br />schedule that reduces an employee's usual number of working hours per <br />workweek, or hours per workday. A reduced leave schedule is a change in <br />the employee's schedule for a period of time, normally from full -time to <br />part-time. <br />b. Medical Need. There must be a medical need for leave and it must be that <br />such medical need can be best accommodated through an intermittent or <br />reduced leave schedule. The treatment regimen and other information <br />described in the certification of a serious health condition and in the <br />certification of a serious injury or illness, if required, must address the <br />medical necessity of intermittent leave or leave on a reduced leave <br />schedule. <br />C. Intermittent Leave may be taken intermittently or on a reduced schedule <br />for the following: <br />i. When medically necessary, to care for the employee's child, <br />spouse, domestic partner, parent who has a serious health <br />condition, or because the employee has a serious health condition. <br />(This would also apply to next of kin to care for a service <br />member.) <br />ii. Because of any qualifying exigency arising out of the fact that the <br />spouse, domestic partner, son daughter, or parent is on active duty <br />or has been notified of an impending call or order to active duty. <br />Issue Date: May 17, 2010 Page 4 <br />