SECTION 13: POSTING AND RECORD KEEPING REQUIREMENTS
Posting Requirements
Each department is required to post at each worksite a copy of the FMLA, CFRA, and PDL notices. The notice must be posted in a location where it can be readily seen by the employees and applicants (e.g. Departmental Human Resources Offices, employee lobby, break rooms, etc.). It is permissible to copy and post notices provided they are no smaller than 8 by 11 inches and the text can be easily read. Management cannot take any adverse action against an employee, such as delaying family leave, if the notices are not posted as required. This posting requirement can also be satisfied electronically provided all employees and applicants have access to the information. Failure to comply with these posting requirements can subject the County to fines for each offense.
Departmental Notification Requirements
The Countywide Handbook includes information on the employee's entitlement, rights and responsibilities under FMLA. Departmental notification requirements such as completion of a time-off request form should be explained during departmental orientation.
Inclusion of FMLA material in a handbook or general memo does not exempt the department from providing the employee with a statement when FMLA leave is requested and granted which includes the following:
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The leave will apply to their 12 or 26 (under NDAA) workweek entitlement.
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Any requirement to provide medical certification and the consequences of
failure to provide such certification.
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The County rules on the use of accrued time during FMLA leave.
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The employee's rights and obligations regarding continuation of health
care and premium payments.
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The employee's obligation to repay the County for any premiums paid by the County if the employee fails to return to work without good cause.
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Any department requirement for a fitness-for-duty statement if the leave is taken for the employee's own serious health condition.
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The employee's rights regarding return to the same or an equivalent position.
Record Keeping
All records pertaining to FMLA, CFRA, and PDL must be maintained in the Departmental Human Resources Office for three years, which includes copies of all general memos or notices related to family and medical leave issued to employees. Individual employee records must also be maintained for three years and must contain the following:
ü Basic payroll and identifying employee data such as employee name,
address, occupation, rate or basis of pay and terms of compensation, daily and weekly hours worked per pay period, additions to or deductions from wages, and total compensation paid.
ü Beginning and ending dates family and medical leave was taken. The
information may come from time records or employees' requests for leave. Leave must be designated as FMLA, CFRA and/or PDL.
ü If leave is taken in increments of less than one full day, the hours of the
leave must be reported.
ü Copies of employee notices of leave furnished to the department in
relation to family and medical leave and copies of all general and specific written notices given to employees as required under family and medical leave.
ü Any documents (including written electronic records) describing employee
benefits or County
policies and practices covering paid and unpaid leaves.
ü Premium
payments of employee benefits.
ü Records of any dispute between the employer and employee regarding
designation of leave as FMLA, CFRA, and/or PDL, including any written statement from the employer or employee stating the reasons for the designation and the disagreement.
ü Records and documents relating to medical certification, re-certification, or
medical histories of employees or their family members, created for the purposes of FMLA and/or CFRA.
All medical records must be maintained as confidential medical information and, if applicable, in conformance with ADA confidentiality requirements, except that:
ü Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of an employee and necessary accommodations.
ü First aid and safety personnel may be informed (when appropriate) if the
employee's physical or medical condition might require emergency treatment.
ü Government officials, County Counsel, third party administrators or others
acting as agents of the County investigating compliance with FMLA and/or CFRA (or other pertinent law) shall be provided relevant information upon request.
Internal Enforcement
If fraud or abuse is suspected, contact your Departmental Human Resources Office. If there are any questions regarding FMLA, CFRA or PDL provisions as they relate to discipline, contact your internal Employee Relations Section. Disciplinary action can be taken in accordance with departmental policies, MOUs, and Civil Service Rules. The Countywide Family and Medical Leave Coordinator at the Department of Human Resources is also available to assist with enforcement matters.