Chapter 3.85
HI-DESERT WATER DISTRICT FAMILY MEDICAL LEAVE ACT POLICY
Sections:
3.85.010 Basic leave entitlement.
3.85.015 Calculating the 12-month period.
3.85.020 Military family leave entitlements.
3.85.030 Benefits and protections.
3.85.040 Eligibility requirements.
3.85.050 Definition of serious health condition.
3.85.070 Substitution of paid leave for unpaid leave.
3.85.080 Employee responsibilities.
3.85.090 District responsibilities.
3.85.100 Pregnancy disability leave.
3.85.010 Basic leave entitlement.
The Hi-Desert Water District (“the district”) provides eligible employees up to 12 weeks of unpaid, job-protected medical leave (“FMLA”) to eligible employees for the following reasons:
A. For incapacity due to pregnancy, prenatal medical care or childbirth;
B. To care for the employee’s child after birth, or placement for adoption or foster care;
C. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
D. For a serious health condition that makes the employee unable to perform the employee’s job. [Res. 10-13 Add. A].
3.85.015 Calculating the 12-month period.
The 12-month period is measured forward from the date the leave begins. Successive 12-month periods commence on the date of an employee’s first use of such leave after the preceding 12-month period has ended. [Res. 13-14 Att. A].
3.85.020 Military family leave entitlements.
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member who is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list. [Res. 10-13 Add. A].
3.85.030 Benefits and protections.
During FMLA, the district will maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA, most employees will be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. [Res. 10-13 Add. A].
3.85.040 Eligibility requirements.
Employees are eligible if they have worked for the district for at least one year, and for a minimum of 1,250 hours over the previous 12 months. [Res. 10-13 Add. A].
3.85.050 Definition of serious health condition.
A serious health condition is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participation in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. [Res. 10-13 Add. A].
3.85.060 Use of leave.
An employee does not need to use this leave entitlement in one block. FMLA leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the district’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. [Res. 10-13 Add. A].
3.85.070 Substitution of paid leave for unpaid leave.
At their option, employees may use up any available Paid Time Off (“PTO”), floating holiday, or administrative leave during FMLA. Unless the employee directs the district not to use available PTO for any portion of FMLA, the district will assume the employee’s intent is to use accrued PTO. After PTO is exhausted, and at their option, employees can use any accrued administrative or floating holiday leave as a part of their FMLA leave, and must instruct the district to do so, before taking the remainder of the leave as an unpaid leave. Employees may also be eligible for state disability insurance for the unpaid portion of the leave.
When using paid leave concurrent with FMLA, employees must comply with the district’s normal paid leave policies. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Add. A].
3.85.080 Employee responsibilities.
Employees must provide 30 days’ advance notice of the need to take FMLA when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the district’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform the job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the district if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. [Res. 10-13 Add. A].
3.85.090 District responsibilities.
The district will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employee’s rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
The district will inform employees if leave will be designated as FMLA and the amount of leave counted against the employee’s leave entitlement. If the district determines that the leave is not FMLA, the district will notify the employee. [Res. 10-13 Add. A].
3.85.100 Pregnancy disability leave.
Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL). PDL will run concurrently with FMLA (above).
If you are affected by pregnancy or related medical condition, you are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable. You are also eligible to receive reasonable accommodation for conditions related to pregnancy, childbirth, or related medical conditions if you request it with the advice of your health care provider.
A. The PDL is for any period(s) of actual disability caused by your pregnancy, childbirth or related medical conditions up to four months (or 88 workdays for a full-time employee) per pregnancy.
B. The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.
C. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth would all be covered by your PDL.
D. Generally, we are required to treat your pregnancy disability the same as we treat other disabilities of similarly situated employees.
E. You may be required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability for a transfer or reasonable accommodation. The certification should include:
1. The date on which you became disabled due to your pregnancy or the date of the medical advisability for the transfer or reasonable accommodation;
2. The probable duration of the period(s) of disability or the period(s) for the advisability of the transfer or reasonable accommodations; and
3. A statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to the other persons or a statement that, due to your pregnancy, the transfer or reasonable accommodation is medically advisable.
F. At your option, you may use up any available Paid Time Off (“PTO”) during PDL. Unless you direct the district not to use available PTO for any portion of FMLA, the district will assume your intent is to use accrued PTO. After PTO is exhausted, and at your option, you can use any accrued administrative or floating holiday leave as a part of your PDL leave, and you must instruct the district to do so, before taking the remainder of the leave as an unpaid leave. You may also be eligible for state disability insurance for the unpaid portion of your leave. [Amended by district 5/2012; Res. 11-21; Res. 10-13 Add. A].