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Orange County Personnel Rules and Regulations Effective Date: May 17, 2010 $ <br />iii. When leave is taken after childbirth or for adoption/foster care, the <br />employee may take leave intermittently or on a reduced schedule if <br />the County agrees. County's agreement is not required for leave <br />during which the mother has a serious health condition in <br />connection with the birth of the child or if the newborn child has a <br />serious health condition. <br />d. If leave is foreseeable, based on planned medical treatment, the County <br />may require the employee to transfer temporarily to an available <br />alternative position for which the employee is qualified and that has <br />equivalent pay and benefits and better accommodates recurring periods of <br />leave. <br />8. FMLA Poster. Each department is required to post in conspicuous places a <br />notice explaining the Family and Medical Leave Act's provisions and providing <br />information concerning the procedures for filing complaints of violations of the <br />Family and Medical Leave Act with the North Carolina Wage and Hour Division. <br />The notice must be posted prominently where it can be readily seen by employees <br />and applicants for employment. The Human Resource Department shall ensure <br />that each Department is provided a copy of the approved notification. <br />9. Notice of Eligibility Provided. When an employee request FML or when the <br />employee's department acquires knowledge that an employee leave may be for an <br />FML- qualifying reason, the department shall notify Human Resources of the <br />possibility of FML within 24 hours. The Human Resource Department will <br />provide both the employee and the department notification of the employee's <br />eligibility to take FML within five business days, absent extenuating <br />circumstances. <br />a. The Human Resource Department shall provide the employee with written <br />notice detailing the specific expectations and obligations of the employee <br />and explaining any consequences of failure to meet those obligations. <br />Notice shall be provided to the employee each time FML is requested. If <br />the employee's leave has already begun, the notice of eligibility shall be <br />mailed to the employee's address of record. Such notice must include, as <br />appropriate: <br />i. That the leave may be designated and counted against the <br />employee's annual FML entitlement; <br />ii. Requirements for the employee to provide health care or other <br />certifications; <br />iii. The employee's right to substitute paid leave for unpaid leave; <br />iv. Requirement for the employee to make any premium payments to <br />maintain health benefits and the arrangements for making such <br />payments; <br />V. The employee's status as a "key employee" and the potential <br />consequence that restoration may be denied following FML, <br />explaining the conditions required for such denial; <br />Issue Date: May 17, 2010 Page 5 <br />