§ 82-607. Procedures

(a) Purpose. The procedures of this section are a guide for supervisors and employees when implementing the county's family and medical leave policy for planned and unplanned events.

(b) Planned events. For planned events, the following action should be taken:

Step 1: Within two working days of learning of an event for which the employee will need to take future family and medical leave, the employee should notify the supervisor in writing using P/CS form 13.

Step 2: Within five (5) working days of receiving the employee's notice, the supervisor will provide the FMLA Eligibility Notice (Form HR/CS #14) that notifies the employee of his eligibility status. If eligible for the leave, a copy of this policy, a copy of the employee's job description outlining essential job functions, and the medical certification form will be provided to the employee.

Step 3: Within 15 working days, the employee has a health care provider complete the appropriate medical certification form (Form HR/CS #16, P/CS #17, HR/CS #18, or HR/CS #19) and return it to the supervisor.

Step 4: If the supervisor believes the medical certification is incomplete and does not provide sufficient information to determine whether the leave is being taken for a FMLA-qualifying reason, the supervisor must return the medical certification to the employee, specify in writing what additional information is required, and allow the employee seven calendar days to provide the requested information (Designation Notice, Form HR/CS #15).

Under no circumstances is the supervisor/manager allowed to contact the employee's health care provider. The supervisor/manager shall contact the human resources/civil service department for additional assistance.

Step 5: Within five working days of receiving a sufficient medical certification from the employee's health care provider, the supervisor shall notify the employee if the event qualifies for FMLA by completing the Designation Notice (Form HR/CS #15) and sending it via regular and certified mail to the employee's home address or to the employee's email address whichever is appropriate.

Step 6: If possible, at least 15 days prior to the employee going out on leave, the supervisor shall prepare and submit all appropriate personnel/payroll forms placing the employee on family and medical leave to the auditor's office.

Step 7: Employee must coordinate all insurance payments with the auditor's office. Failure to timely pay required insurance premiums for dependent and additional insurance coverage will cause such coverage to cease.

Step 8: While out on leave, the employee must stay in touch with the supervisor as directed. If the supervisor does not specify how often the employee should check in with the supervisor, the employee should do so no less than every 30 days to inform the supervisor of his progress and to coordinate when the employee may be returning to work.

Step 9: When the employee is able to return to work, a fitness-for-duty release from the employee's health care provider must be provided if the absence was due to injury or illness of the employee. The fitness-for-duty release must be received no less than 48 hours prior to the return to work date.

Step 10: Upon learning of the employee's plan to return, the supervisor shall prepare all required personnel/payroll forms to return the employee to work and submit the paperwork to the county auditor's office.

Step 11: Any records or documents containing medical information or medical history on an employee must be filed in confidential medical files. Medical files must be maintained by the department separately from all other files.

(c) Unplanned events. For unplanned events, the following action should be taken:

Step 1: If an employee or an eligible dependent becomes ill or sustains an injury and the employee knows he will be out for more than three working days, the employee must notify or have a responsible person (family member, medical staff, etc.) notify the employee's supervisor on same day or the next work day, or if an employee is out for more than three working days, the supervisor will provide the FMLA Eligibility Notice (Form HR/CS #14) that notifies the employee of his eligibility status within five working days. If eligible for the leave, a copy of this policy, a copy of the employee's job description outlining essential job functions, and the medical certification form will be provided to the employee.

The supervisor shall follow the same notification procedures outlined in this procedure if an employee is periodically out for three working days or more in a three-month period for a medical reason and has not requested family and medical leave.

Step 2: Within 15 working days, the employee has a health care provider complete HR/CS form 16 or HR/CS form 17 and return it to the supervisor.

Step 3: If the supervisor believes the medical certification is incomplete and does not provide sufficient information to determine whether the leave is being taken for a FMLA-qualifying reason, the supervisor must return the medical certification to the employee or employee's representative, specify in writing what additional information is required, and allow the employee or representative seven calendar days to provide the requested information (Designation Form, HR/CS form 15).

Under no circumstances is the supervisor/manager allowed to contact the employee's health care provider. The supervisor/manager shall contact the human resources/civil service department for additional assistance.

Step 4: Within five working days of receiving a sufficient medical certification from the employee's health care provider, the supervisor shall notify the employee if the event qualifies for FMLA by completing the Designation Notice (Form HR/CS #15) and sending it regular and certified mail to the employee's home address or to the employee's email address whichever is appropriate. If the event qualifies, the employee will be placed on leave effective the fourth day of absence.

Step 5: Employee must coordinate all insurance payments with the auditor's office. Failure to timely pay required insurance premiums for dependent and additional insurance coverage will cause such coverage to cease.

Step 6: While out on leave, the employee must stay in touch with the supervisor as directed. If the supervisor does not specify how often the employee should check in with the supervisor, the employee should do so no less than every 30 days to inform the supervisor of his progress and to coordinate when the employee may be returning to work.

Step 7: When the employee is able to return to work, a fitness-for-duty release from the employee's health care provider must be provided if the absence was due to injury or illness of the employee. The fitness-for-duty release must be received no less than 48 hours prior to the return to work date.

Step 8: Upon learning of the employee's plan to return, the supervisor shall prepare all required personnel/payroll forms to return the employee to work and submit the paperwork to the county auditor's office.

Step 9: Any records or documents containing medical information or medical history on an employee must be filed in confidential medical files. Medical files must be maintained by the department separately from all other files.

(Ord. No. 2000-485, § 5.22—5.24, 3-7-2000; Ord. No. 2002-1977, 10-29-2002; Ord. No. 2009-0883, 5-12-2009)