ORD-2010-045 Personnel Ordinance Article IV, Section 14.0 Family Leave

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Orange County Personnel Rules and Regulations Effective Date: May 17, 2010 9 vi. The employee's rights to maintenance of benefits during the FML and restoration to the same or an equivalent job upon return from FML; and vii. The employee's potential liability for payment of health insurance premiums paid by the County during the employee's unpaid FML if the employee fails to return to work after taking FML. b. An employee eligibility is determined (and notice must be provided) at the commencement of the first instance of leave for each FML - qualifying reason in the applicable 12 -month period. i. All FML absences for the same qualifying reason are considered a single leave and employee eligibility as to that reason for leave does not change during the applicable 12-month period. ii. If, at the time an employee provides notice of a subsequent need for FML during the applicable 12 -month period due to a different FML - qualifying reason, and the employee's eligibility status has not changed, no additional eligibility notice is required. iii. If, an employee's eligibility status has changed Human Resources shall notify the employee of the change in eligibility status within five business days, absent extenuating circumstances. C. If the employee is not eligible for FML, the notice must provide the reason(s) why the employee is not eligible for FML. Notification of eligibility must be in writing. 10. Designation of Leave as FML. a. The Human Resource Department will provide the employee with Designation of Family and Medical Leave based upon a FML qualifying reason and designate an employee's leave, whether paid or unpaid, as FML. i. The Human Resource Department will provide the employee with notice of the designation within five business days, absent extenuating circumstances. The notice may be oral or in writing, but must be confirmed in writing no later than the following payday. ii. FML will be designated as FML qualifying reason(s), based upon information provided by the employee or the employee's representative (e.g., spouse, parent, physician, etc.). iii. If the Human Resource Department determines the employee's leave will not be designated as FML - qualifying (e.g., if the leave is not for a reason covered by FML or FML entitlement has been exhausted), Human Resources will notify the employee of the determination. iv. For FML for Military Caregiver that also qualifies as leave taken to care for a family member with a serious health condition, the County must designate such leave as Military Caregiver Leave Issue Date: May r7, 2010 Page 6