1. Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave Coordinator

2. Eligible Employees 12 Aggregate Months of County Service Worked 1,250 hours in the previous 12 months Permanent, Temporary, Part-time or Recurrent

3. Definitions Son or Daughter Son or Daughter Spouse Spouse Parent Parent In Loco Parentis In Loco Parentis Domestic Partner Domestic Partner Health Care Provider Health Care Provider Next of Kin Next of Kin Qualifying Exigency Qualifying Exigency Serious Health Condition Unable to Perform the Functions of the Position Need to Care for a Family Member Workweek

4. FMLA and CFRA Qualifying Reason FMLACFRA An employee’s own serious health condition Care of a newborn (baby bonding) Care of a child, spouse or parent’s serious health condition Newly adopted child or foster care placement

5. FMLA and CFRA Qualifying Reason FMLACFRA Prenatal Care Birth of a Child Care of a Domestic Partner Care of a Domestic Partner’s Child Military Personnel Caregiver Leave Qualifying Exigency Leave

6. Employee’s Notification Responsibility 30 Days Notice Emergency notice from employee or employee’s representative ASAP Intermittent Leave must not disrupt the department’s operation

7. Employer’s Notification Responsibility Management always designates leave time Employee must be notified of designation in five (5) business days CHCP form must be returned in 15 days

8. Paid and Unpaid Leave For Your own SHC Any earned or accrued time (sick, vacation, holiday, OT, etc.) Any earned or accrued time (sick, vacation, holiday, OT, etc.) Short-term Disability Short-term Disability Compensatory Time Off (CTO) Compensatory Time Off (CTO) Qualifying Family Member Any earned or accrued time except sick leave Twelve Personal Days of Sick Leave (Kin Care Law)

9. Pregnancy Disability Leave Employee is disabled by pregnancy or pregnancy related condition Employee is disabled by pregnancy or pregnancy related condition No “hours worked” or “length of service” requirement No “hours worked” or “length of service” requirement FMLA runs concurrently FMLA runs concurrently CFRA runs consecutively CFRA runs consecutively

10. FMLA and Labor Code 4850 Labor Code 4850 Provides full benefits to safety employees injured on the job. Provides full benefits to safety employees injured on the job. Benefits run for one year or RTW date (whichever comes first). Benefits run for one year or RTW date (whichever comes first). Cannot run concurrently with FMLA. Cannot run concurrently with FMLA.

11. Other Guidelines An employee cannot reject a designation of FMLA. An employee cannot reject a designation of FMLA. Exempt Employees must post their own time for FMLA related absences Exempt Employees must post their own time for FMLA related absences Power of Attorney does not create a relationship for FMLA purposes Power of Attorney does not create a relationship for FMLA purposes If fraud or abuse is suspected, contact Human Resources. If fraud or abuse is suspected, contact Human Resources.

12. New FMLA Provisions Redefines Serious Health Condition Redefines Serious Health Condition Follow the employer’s same terms and conditions for using paid time off for FMLA Follow the employer’s same terms and conditions for using paid time off for FMLA Employees must follow employer’s call-in procedures Employees must follow employer’s call-in procedures Employer (not direct supervisor) can contact employee’s health care provider Employer (not direct supervisor) can contact employee’s health care provider

13. New FMLA Provisions Fitness for Duty statements must have specifics for employee’s job duties Fitness for Duty statements must have specifics for employee’s job duties Medical Certification can be required every six months for employees with lifetime or chronic conditions Medical Certification can be required every six months for employees with lifetime or chronic conditions Designation must be be done in writing in five business Designation must be be done in writing in five business

14. Any Questions?