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PURPOSE: This Policy and Procedure is intended to aid Larimer County in complying with the Family and Medical Leave Act (reference A)
SCOPE: This Policy and Procedure applies to all employees (reference C) of Larimer County and employees of the Office of the District Attorney, Eighth Judicial District, with the exception of Elected Officials.
RESPONSIBILITY: The Human Resources Director administers this Policy.
SPECIFIC REQUIREMENTS: None
REVISION SECTION (Significant Changes from Prior Policy):
- Section VIII.B.1
- Section IX, B (removed)
POLICY AND PROCEDURE:
The County provides Family and Medical Leave (FML) to employees who meet the legal eligibility requirements under Federal statute and regulations (reference A), with the exceptions noted below. The general provisions regarding the use of FML are set forth in this policy and procedure. Decision Makers and their designees will consult with Human Resources, as there are numerous regulations that may address unique situations not specifically addressed in this policy.
II. ELIGIBILITY (enclosure 7): To be eligible for FML, County employees must:
A. Have been employed with the County for 12 months or more (not necessarily consecutive months); AND
B. Have worked 1,250 hours or more (including overtime but not including paid time off) within the 12 months immediately preceding the first day of the proposed leave; AND
C. Have an FMLA qualifying reason for the leave as defined below.
III. FAMILY AND MEDICAL LEAVE IS USED FOR THE FOLLOWING PURPOSES:
A. Medical Leave:
1. An employee’s "serious health condition";
B. Family Leave (reference D):
1. A "serious health condition" of the employee’s spouse, or parent;
2. A "serious health condition" of the employee’s child under the age of 18 years, or older if the child is disabled as defined by the FMLA (reference A) ;
3. Parent’s attendance at the birth of child;
4. Parent’s care of child after birth or bonding (within one year after birth); and
5. Placement of a child with the employee for adoption or foster care (within one year after placement).
C. Qualifying Military Exigency and Military Caregiver Leaves:
1. Eligible employees may be entitled to FML for any “qualifying exigency” that arises out of the fact that the spouse, son, daughter, or parent of an employee is on covered active duty or has been notified of an impending call to active duty in the Armed Forces as defined by the FMLA (reference A). The length of such leave is limited to 12 weeks in the 12 month period selected in the County’s FML policy. A “qualifying exigency” may include:
a. short-notice deployments;
b. military events and related activities;
c. childcare and school activities;
d. financial and legal arrangements;
e. counseling;
f. rest and recuperation; and
g. post-deployment activities.
2. Eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered service member may be entitled to FML to care for the covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. For a current service member, a serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of their office, grade, rank, or rating. A serious injury or illness also includes injuries or illnesses that existed before the service member’s active duty and that were aggravated by service in the line of duty on active duty. Such injury or illness must render the service member medically unfit to perform the duties of the member's office, grade, rank or rating. The length of such leave, when combined with other FML qualifying leave, is limited to 26 weeks in the 12 month period measured forward from the date of leave.
3. Eligible employees, who are the spouse, son, daughter, parent, or next of kin of a covered veteran, may be entitled to FML to care for a covered veteran. A covered veteran is a veteran discharged under conditions other than dishonorable within the five-year period before the employee first takes leave to care for that veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
For a veteran, a serious injury or illness is one that was incurred by the veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran’s active duty and was aggravated by service in the line of duty on active duty.
The length of such leave, when combined with other family medical qualifying leave, is limited to 26 weeks in the 12 month period selected in the County’s FML policy.
IV. DEFINITION OF A "SERIOUS HEALTH CONDITION":
A. 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 a qualified family member from participating in school or other daily activities.
B. A serious injury or illness as previously defined under Military and/or Veteran’s caregiver leaves.
V. EXCLUSIONS FROM THE DEFINITION OF SERIOUS HEALTH CONDITION:
A. Voluntary or cosmetic treatments that are not medically necessary unless inpatient hospital care is required.
B. Routine preventative physical exams.
VI. DEFINITION OF CONTINUING TREATMENT BY A HEALTH CARE PROVIDER:
A. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive full 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.
A. An employee must provide sufficient information to support the need for any FML, which may include a completed certification form. Refer to enclosure 8 for FML processes and procedures.
B. For medical leave, the employee's health care provider will be required to certify the medical necessity for the leave for the employee or the necessity of leave to care for a family member and/or the need for intermittent leave or reduced work schedule. For other FML, the employee will be required to submit appropriate documentation to establish the need for FML, such as the Certification Forms identified above (enclosures 2, 3, 4, 5, & 6).
C. Human Resources may contact the employee’s health care provider for clarification or authentication of medical information, if needed. A second medical opinion may be required at the County’s expense. Documentation confirming family relationship, adoption or foster care may also be required.
D. If the employee's need for FML lasts beyond a single leave year, the County will require the employee to provide a new medical certification in each new FML leave year.
VIII. MANDATORY USE OF FML AND COORDINATION WITH OTHER LEAVE POLICIES:
A. Mandatory Use of FML: All employees who are absent from work for any reason must request an appropriate form of leave. An employee must give sufficient information to their immediate supervisor so the supervisor may determine the appropriate form of leave. If the leave requested is FML-qualifying, the employee's leave must be designated as FML, in addition to other applicable leave such as Sick Leave, Vacation Leave, Holiday Leave, or Sick Leave Without Pay (SLWOP) (reference B). Refer to enclosure 8 for FML processes and procedures.
B. Use of Accrued Paid Leave:
1. When an employee is on FML, accrued leave must be used simultaneously. Employees will not be permitted to be in an unpaid status while utilizing FML if they have accrued paid leave available. The employee’s accrued sick leave will be used until it is exhausted.
2. Then, unless an employee is on Short Term Disability, the employee’s accrued paid leave will be used until exhausted in this order: administrative leave, holiday leave, compensatory leave and then vacation leave.
a. For employees on Short Term Disability, the amount of paid leave necessary for the employee to be made whole (approximately 40%) will be used until exhausted in this order: administrative leave, holiday leave, compensatory leave, and vacation leave.
C. If an employee exhausts their paid leave balances prior to the end of their FML, leave will be marked as Sick Leave Without Pay (SLWOP) on their timesheet.
IX. AMOUNT OF LEAVE AVAILABLE:
A. Eligible employees are entitled to take up to 12 workweeks of FML within a 12-month period, depending on the reason for the leave. Employees requesting leave during a single 12-month period to care for a covered servicemember with a serious injury or illness are entitled to take up to 26 workweeks of FML (military caregiver leave). A rolling 12-month cycle measured backwards is used to determine what amount of FML is available for an employee.
A. Insurance Benefits:
1. The County continues to pay the insurance premiums it normally pays, if any, for the employee on FML.
2. The employee must continue to pay the insurance premiums they normally pay, if any, while on FML.
3. The employee may elect to terminate insurance to eliminate payment of premiums during leave; however, the employee must notify Human Resources prior to ceasing payments.
4. If premiums are not paid, the coverages will lapse and the employee may be responsible for any medical expenses incurred.
B. While on FML, employees will continue to accrue sick and vacation leave at the same accrual rate if they are in paid status for at least half of any pay period.
C. Employees will receive holiday leave for any County-observed holidays that occur while the employee is on FML if they are in paid status for at least half of any pay period.
D. Employees will receive unconditional pay increases while on FML.
A. For employees returning from FML for their own serious health condition, a return to work notice from the employee’s health care provider is required to be submitted to the Human Resources Leave Specialist prior to the employee returning to work. In addition, an employee may be required to provide a fitness for duty certification prior to returning to work. Failure to provide these documents may result in a delay of the employee’s return to work.
B. When an employee returns from FML, they must be restored to the same job, or to an equivalent job.
C. If an employee has exhausted their available FML and is unable to return to work, the employee must request approval of additional leave from the Decision Maker or designee (reference B).
D. "Key employees" may not be restored to their position if it would cause substantial and grievous economic injury to the County.
1. A "key employee" is among the highest paid ten percent of all employees employed by Larimer County. If the employee is considered a "key employee" of the County, this will be indicated on the FML Notice of Eligibility and Rights and Responsibilities form (enclosure 1).
2. Restoration of "key employees" will be assessed on a case by case basis by Human Resources.
FML medical information is confidential and stored separately from other personnel information.
XIII. ENFORCEMENT OF THE FMLA:
A. The FMLA makes it unlawful for Larimer County to:
1. Interfere with, restrain, or deny the exercise of any right provided under the FMLA.
2. Dismiss or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or related to the FMLA.
B. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against Larimer County.
C. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
_______________________________________
Kristin Stephens
Chair, Board of County Commissioners
(Approved by BOCC – Consent Agenda – 06/11/2024)
(Signature on original filed in Records Management)
Distribution:
All County Department and Elected Officials
Records Management SOP Manual (original)
CK/jw
DATE: June 11, 2024
EFFECTIVE PERIOD: Until Superseded
REVIEW SCHEDULE: Every two years in June, or as needed
CANCELLATION: Family and Medical Leave; February 7, 2023
ENCLOSURES:
REFERENCES:
A. Family and Medical Leave Act
B. Human Resources Policy and Procedure 331.6, Benefits
C. Governing Policies Manual; 3.2 – Treatment of Staff
D. Colorado Family Care Act (CO HB 13-1222)
