AGENDA November 30, 2010

'l"'~~PACO V1­... ... L<lkesidc PIJza Building <t: -<

1405 L<lkp"idp Drive

Oakland, CA 94612·4305

TDD: (510) 272-3703

Human Resource Services

November 9, 2010

Honorable Board of Supervisors Administration Building Oakland, CA 94612

Subject: Amendments to the Alameda County Family and Medical Leave Procedures

Dear Board Members:

Recommendation:

It is recommended that your Board adopt the revised County's Family and Medical leave Procedures.

Discussion LFindings:

The County's Family and Medical Leave procedures required revisions to update roles, responsibilities, processes and forms to ensure countywide consistency and compliance with the Federal Family Medical Leave Act (FMLA), califomia's Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL). This includes adding two new military leave entitlements as provided in the amended 2009 FMLA regulations.

On June 29, 2010, your Board authorized meet and confer sessions with County labor organizations. All employee organizations were invited to meet and confer on the County-wide revised Family and Medical Leave procedures. Agreement was reached With all union organizations that expressed interest in the meet and confer process, which was finalized on September 3D, 2010.

Funding:

Adoption of the proposed amendments to the County's Family and Medical Leave Procedures will have no additional County cost.

Very truly yours,

&;/tM~VYl Mary Welch, Interim Director Human Resource services

MW:DS:AE

Attachments: Alameda County Reasonable Accommodation Policy & Procedures Alameda County Temporary Modified Work Policy & Procedures

c: County Administrator Auditor-Conlroller County Counsel AgencyIDepartment Heads

An Equ,.JI Opportunity Employer

ALAMEDA COUNTY FAMILY AND MEDICAL LEAVE PROCEDURES (EMPLOYEE)

STATUTORY AUTHORITY

• Federal Family and Medical Leave Act (FMLA) • State California Family Rights Act (CFRA) • State Pregnancy Disability Leave (POL)

STATEMENT

The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with unpaid leave for qualifying reasons/events (e.g. aserious health condition, child bonding). These leaves provide for job protection/restoration and continuation of health benefits. In 2009, the amended FMLA regulations included two (2) military family leaves known as "Caregiver Leave" and "Active Duty Leave." These leave provisions are to care for a covered servicemember with a serious injury or illness, andlor any qualifying exigency for acovered military member.

Pregnancy Disability Leave (POL) provides employees with up 10 four (4) months of unpaid job-protected leave due to pregnancy, ch ildbirth, and/or rei ated medical cond itions,

Please refer to the Alameda County Family and Medical Leave Handbook for more information regarding eligibility requirements, qualifying reasons, leave entitlement and certification process. FMLA, CFRA and POL are now known as Family Medical Leaves (FML). Alameda County's "applicable" leaves of absence (e.g., sick leave, sick leave family) will run concurrent with FML leave.

PROCEDURES

ACTION~ Operating Department (Employee)

1. When reave is foreseeable, submits an FML Emplovee Request (Form 1) to immediate supervisor 3D-days prior to the leave; or as soon as it is known that the leave is for a qualifying reason.

(Supervisor) .

•

2.

Note: Aseparate FML Emplovee Request is required for each qualifying reason/event. In some cases, one period of leave may include two different qualifying reasons/events. For example, two forms are required for requesting leave for (1) pregnancy/childbirth and (2) child bonding. Medical documentation certifying that the employee is no longer disabled (pregnancy/childbirth) is needed to begin the child bonding leave.

Reviews, signs and submits FML Employee Request to Agency/Department HR within two (2) business days of receipt.

(FMl Coordinator)

3.

4.

If FML Employee Request Is not provided, notifies Agency/Department HR upon receipt of documentation which may support an FML leave. Reviews FML Employee Request and verifies FML eligibility and leave entitlement.

5. Completes and sends Notification of Leave (Form 5) and appropriate FML certification (Form

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Alameda County FAMILY AND MEDICAL LEAVE PROCEDURES (EMPLOYEE)- continuation

I 2,3, or 4) along with the FML Handbook and procedures to employee within two (2) business days of notice.

(Employee) 6. Forwards appropriate certification to health care provider, and submits to FMl Coordinator by identified deadline.

Participates and cooperates in the original and recertification process. May be requested to sign a Release of Information Consent Form to enable the FMl Coordinator to clarify deficiencies directly with your health care provider.

If leave is for a qualifying exigency, completes and submits Certification for Military Family Leave for Qualifying Exigency (Form 4) and required documentation to FMl Coordinator by identified deadline.

7. If initial certification is not received by identified deadline, follows-up with employee in writing.

8. If leave is approved, (a) sends Designation ofLeave (Form 6) to employee within five (5) days receipt of acceptable certification, and forwards a copy to the payroll clerk.

If FMlleave is denied, sends Designation of Leave (Form 6) to employee within five (5) days receipt of certification.

9. Completes timesheets with appropriate FMl Time Reporting Codes (TRC).

Important: Accrued sick leave (including family sick leave) must be applied when eligible during an F=ML leave. Your other ,accrued leave balances (e.g., vacation leave, compensating time off, and fltJating holida.ys) will be applied (when eligible) during an FML (eave. unless you provide written notification to your Payroll Clerk (copy to' immediately supervisor) to limit the integration of such leaves.

10. Ensures appropriate FMl TRCs are used and verifies employee's timesheets. If employee is not available. completes timesheet on behalf of the employee.

11. When employee exhausts his/her FMl entitlement or deviates from approved leave, sends FML Leave Status" (Form 7) to employee within two (2) business days.

(FMl Coordinator)

(Employee)

(Supervisor)

(FMl Coordinator)

(Employee) 12. If needed, submits a new and/or requested certification every 6-12 months.

APPROVED FOR DISTRIBUTION

Mary Welch, Ac!ing Direc!or of Human Resource Services

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Alameda County FAMIL Y AND MEDICAL LEAVE PROCEDURES (EMPLOYE E)- continuation

FORMS AND ATTACHMENTS

FORMS 1 FML Employee Request 2 Certification of Health Care Provider (Employee/Family Member) 3 Certification for Military Family Leave for Serious Injury/Illness (Covered Servicemember) 4 Certification for Military Family Leave (Qualifying ExiQency) 5 Notification of Leave (HR Use Only) 6 Designation of Leave (HR Use Only) 7 FML Leave Status (HR Use Only) 8 Release of Information Consent Form

SAMPLE LEITERS 1 Recertification (Long-Term Conditions) 2 Follow-Up to Initial Request (To Obtain Health Care Provider Certification) 3 Clarification Request to Health Care Provider (Follow-Up Letter)

RESOURCES

~UII r:r·1" .' aEIim Il' • .II I·ltllml Human Resource Services:

Disability Programs Manager (510) 208-9904 x29904 Disability Programs Specialist (510) 208-4816 x24816

County Counsel (510) 272-6700 x26700

APPROVED FOR DISTRIBUTION

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ALAMEDA COUNTY FAMILY AND MEDICAL LEAVE PROCEDURES (ADMINISTRATIVE)

STATUTORY AUTHORITY

• Federal Family and Medical Leave Act (FMLA) • State California Family Rights Act (CFRA) • State Pregnancy Disability Leave (POL)

STATEMENT

The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with unpaid leave for qualifying reasons/events (e.g. aserious health condition, child bonding). These leaves provide for job­protection/restoration and continuation of health benefits. In 2009, the amended FMLA regulations included two (2) military family leaves known as "Caregiver Leave" and "Active Duty Leave." These leave provisions are to care for acovered servicemember with aserious injury or illness, and/or any qualifying exigency for a covered military member.

Pregnancy Disability Leave (POL) provides employees with up to four (4) months of unpaid job-protected leave due to pregnancy, childbirth, and/or related medical conditions.

Please refer to the Alameda County Family and Medical Leave Handbook for more information regarding eligibility reqUirements, Qualifying reasons, leave entitlement and certification process. FMLA, CFRA and PDL are now known as Family Medical Leaves (FML). Alameda County's "applicable" leaves of absence (e.g., sick leave, sick leave family) will run concurrent with an FML leave.

PROCEDURES

Operatl.ng Department (Employee)

(Supervisor)

I

1. When leave is foreseeable, submits an FML Employee Request (Form 1) to immediate supervisor 3D-days prior to the leave; or as soon as it is known that the leave is for aqualifying reason.

Note: A separate FML Emplovee Request is required for each qualifying reason/event. In some cases, one period of leave may include two different qualifying reasons/events. For example, two forms are required for requesting leave for (1) pregnancy/childbirlh and (2) child bonding. Medical documentation certifying that the employee is no longer disabled (pregnancy/childbirlh) is needed to begin the child bonding leave.

2. Reviews, signs and submits FML Employee Request to AgencylDepartment HR within two (2) business days of receipt.

3. If FML Employee Request is not provided. notifies Agency/Department HR upon receipt of documentation which may support an FML leave; or when an employee ;s absent due to one of the fof/owing:

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Alameda County FAM_~L "- AN~_ M~~_I_CAL LE~'(E PROCEDURES (ADMINISTRATlVE)- continuation

(FML Coordinator)

(Employee)

(FML Coordinator) I

I

• Absent for more than three (3) days due to own illness (including industrial injury) or family member's illness.

• Intermittent leave (including medical appointments) due to own or family member's serious health condition

• Child bonding (e.g., newborn/adoption) • To care for a covered servicemember with a serious injury/illness • For any qualifying exigency for a covered military member (e.g., attending

military-sponsored functions, making appropriate financial and legal arrangements, and arranging for altemative childcare)

4. Reviews FML Employee Reguest and/or the circumstances of the absence to determine if there is a qualifying reason.

Note: FML Coordinator may consult with Personnel Officer, Disability Coordinator!Workers' Compensation Liaison, and/or Disability Programs Division throughout the FML process.

5. Verifies FML eligibility and leave entitlement in the Human Resources Management System (HRMS). Please refer to the FMl Job Aid in the Alcolink learning Assistant.

Note: Time worked for Alameda County through apayrolled vendor counts toward the 1,250 work hours and 12-month employment eligibility requirement.

6. Completes and sends Notification of Leave (Form 5) and appropriate FML certification (Form 2, 3, or 4) along with the FML Handbook and procedures to employee within two (2) business days of notice.

7. Forwards appropriate certification to health care provider, and submits to FML Coordinator by identified deadline.

Participates and cooperates in the original and recertification process. May be requested to sign a Release of Information Consent Form to enable the FML Coordinator to clarify deficiencies directly with your health care provider.

If leave is for a qualifying exigency, completes and submits Certification for Military Family Leave for Qualifying Exigency (Form 4) and required documentation to FML Coordinator by identified deadline.

8. If certification is not received by identified deadline, follows-up with employee in writing and allows an additional seven (7) calendar days.

If certification is received but is insufficient or incomplete, forwards Designation of Leave (Form 6) to employee outlining required information needed.

9. If certification is not received following the 2~d notice and you do not have sufficient documentation in order to designate the leave, notifies employee of denied FML leave via the Desianation of Leave.

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Alameda County FAMILY AND MEDICAL LEAVE PROCEDURES (ADMINISTRATIVE)~continuation

OR

If certification is not received following the 2nd notice and you have sufficient* documentation that the employee's absence is for a qualifying event, notifies employee of FML designation via the Designation of Leave.

Note: Failure to submit the appropriate certification/documentation for an FML leave may result in LWOP status.

*Example: Other medical documentation which indicates hospitalization or serious health condition may be sufficient. However, follow-up may be necessary to obtain additional medical information as required (see Form 2or 3).

Note: FML Coordinator must consult with Personnel Officer/Disability Coordinator before designating FML leave without the appropriate FML certification (Form 2or 3).

10. Reviews FML forms, certifications, medical documentation and other relevant documents to ensure serious health condition is verified and documentation is sufficient.

Note: Personnel Officer, Disability CoordinatorJ'NC Liaison, or FML Coordinator may obtain clarification from medical provider after the employee has been provided the opportunity to cure any deficiencies. The health care provider may be contacted directly (with Release of Information Consent Form) to obtain further clarification. Medical release is not required to contact the health care provider to authenticate the document and/or signature. Under no circumstances will employee's supervisor have contact with the health care provider.

11. If FML leave is approved. (a) sends Designation of Leave (Form 6) to employee(FML Ceordinator) within five (5) days receipt of acceptable certification, and fOlWards a copy to the payroll clerk; and (b) notifies immediate supervisor via e-mail of approval status including dates of leaves, frequency, duration of fiare-ups, etc. Medical information must not be disclosed.

If FML leave is denied, (a) sends Designation of Leave to employee within five (5) days receipt of certification; (b) notifies immediate supervisor; and (c) closes FML request in HRMS,

(Payroll Clerk) 12. FOlWards copy of approved Designation of Leave to the Auditor-Controller's Agency­Disability Unit (OIC 20109).

(Employee)

l

13. Completes timesheets with appropriate FML Time Reporting Codes (TRC),

Imporiant: Accrued sick leave (including family sick leave) must be applied when eligible during an FML leave. Employee's other accrued leave balances (e.g., vacation {eave, compensating time off, and ffoating hofidavsJ will be applied when

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Alameda County .F!.'MILY AND MEDICAL L~~Y.~..~~OCEDURES (ADMINISTRATlVE)- continuation

I

eligible during an FML leave unless the employee provides written notification to limit the integration of such leaves to hislhfJr Payroll Clerk with a copy10 .the immediate supervisor.

---'-------._~-,

(Payroll Clerk) 14. Upon receipt, forwards copy of employee's written request to limit the integration of leave(s) to the Auditor's Controller's Agency Disability Unit (OIC 20109).

(Supervisor) 15. Ensures appropriate FML TRCs are used and verifies employee's timesheets. If employee is not available, completes timesheet (via self-service or hard copy) on behalf of the employee.

~

(Payroll Clerk) 16. Verifies that appropriate FML TRCs are used based on the approved Designation of Leave. Makes adjustments and notifies supervisor and employee of amendments.

Auditor-Controller's Agency (Disability Unit)

17. Notifies Agency/Department Payroll Clerk when employee applies for SDIIPFL; verifies FML approval by reviewing the Designation ofLeave; makes necessary adjustments to reflect appropriate TRCs (including FML TRCs); and notifies employee of adjustments, if applicable.

Operating Department (Payroll Clerk)

18. Notifies FML Coordinator of necessary HRMS adjustments to History screen, if any.

(FML Coordinator) 19. Monitors FML request(s) and on-going documentation. Updates and maintains HRMS FML screens. Inputs FML hours into the History screen immediately following pay-period to ensure data is accurate and up-to-date.

Note: FML entitlement is based on data in the History screen. Therefore, it is critical that information is updated on a biweekly basis to avoid (1) employee's exceeding their FML entitlement and (2) adjustments due to benefit overpayment.

(Supervisor) 20. Ensures FML leave is taken as approved. If deviation exists, notifies FML Coordinator.

(FML Coordinator) 21. Consults with Personnel Officer/Disability CoordinatorlWC Liaison and notifies employee of deviation. Requests recertification by forwarding Designation of Leave and appropriate certification to employee (repeat #6-17).

Note: Addffionaf leave taken not previously approved shall not be coded as FML without supporting documentation/recertification.

(FML Coordinator) I

22. When employee exhausts his/her FML entitlement or deviates from approved leave, (a) sends FML Leave Status" (Form 7) to employee within two (2) business days, (b) forwards acopy to Payroll Clerk; and (c) notifies immediate supeNisor and Personnel Officer/Disability CoordinatorlWC Liaison.

.-­(Employee)

...tf!1h_GQ9_~~~!'~!QD

-23. If needed, submits a new and/or requested certification every 6-12 months (repeat

#6-20). 24. Closes FMI.. request in HRMS (Request Screen) by changing the status to

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Alameda County FAIYIIL Y_A~D. MEDICAL LEAVE PROCEDURES (ADMINISTRATIVEI~continuation

"Actual/Completed."

25. If leave continues beyond FML entitlement, monitors leave closely, determines if Personnel Officer)

I (Disability Coordinator/ other leave balances and/or provisions apply (personal disability leave, catastrophic sick leave, workers' compensation), and follows Reasonable Accommodation (RAJ procedures.

APPROVED FOR DISTRIBUTION

Mary Welch, Acting Director of Human Resource Services

FORMS AND ATTACHMENTS

FORMS 1 FML Employee Request 2 Certification of Health Care Provider (Employee/Family Member) 3 Certification for Military Family Leave for Serious Injury/Illness (Covered Servicemember) 4 Certification for Military Family Leave (Qualifying Exigency) 5 Notification of Leave (HR Use Only) 6 Designation of leave (HR Use Only) 7 FML Leave Status (HR Use Only) 8 Release of Infonnation Consent Fonn

SAMPLE LETTERS 1 Recertification (LonQ -Term Cond itions) 2 Follow·Up to Initial Request (To Obtain Health Care Provider Certification) 3 Clarification Request to Health Care Provider (Follow-Up Letter)

RESOURCES

"tXt.l (t"i: i"IIl' :., '8' unillID Human Resource Services:

Disability Programs Manager (510) 208-9904 x29904 Disability Programs Specialist (510) 208-4816 x24816

County Counsel (510) 272-6700 x26700

APPROVED FOR DISTRIBUTION

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