FAMILY LEAVE POLICY GUIDELINES - SECTION 1 DEFINITIONS OF COMMONLY USED FMLA/CFRA TERMS

SECTION 1: DEFINITIONS OF COMMONLY USED FMLA/CFRA TERMS

“Son or Daughter” - a biological, adopted or foster child, stepchild, a legal ward or a child of a person standing “in loco parentis”. The child must be under 18 years of age. If the child is 18 or over, he or she must be incapable of self-care due to a mental or physical disability as defined by the Americans with Disabilities Act.

“Spouse” two people legally married as recognized under California law. California does not recognize common law marriages except when such marriages are contracted in a state that does recognize common law marriages and the specific marriage is recognized as a legal marriage in that state. Spouses, including those in same-sex marriages, will receive benefits under FMLA and CFRA.

“Parent” - the biological parent or an individual who stands or stood “in loco parentis” to an employee when the employee was a child. Parent does not include mother-in-law or father-in-law.

“In Loco Parentis” means to stand in place of a parent. Persons in loco parentis are those who are or were responsible for the day-to-day care of and financial support for the child. There does not have to be a biological relationship between the individual and the child but there must be a true “child-parent” relationship. Documentation may be required to confirm relationship.1

“Domestic Partner” under the County Code is defined as two adults who have chosen to share each other's lives in a committed relationship pursuant to the provisions of Chapter 6.20.080 (L) of the Los Angeles County Code or Section 297 of the California Family Code and:

have a common residence
both are at least 18 years of age (or have a court order granting

permission to establish a domestic partnership)
neither of whom are married or a party to another domestic partnership
to qualify for leave to care for a domestic partner, the employee and the domestic partner have signed a “Declaration of Domestic Partnership” and registered with the Los Angeles County Registrar-Recorder/County Clerk or the California Secretary of State

“Next of Kin” the nearest blood relative of an Armed Forces member to the individual needing care other than a spouse, parent, son or daughter and in the following order (1) a blood relative whom the covered service member has

1 Reasonable documentation may include but is not limited to, employee statement, a child's birth certificate, a court document, etc.

designated in writing as next of kin for FMLA purposes (2) blood relatives who have been granted legal custody of covered service member (3) brothers and sisters (4) grandparents (5) aunts and uncles and (6) first cousins.

“Health Care Provider”:

Doctor of medicine or osteopathy authorized to practice medicine or surgery by the state where he or she practices
Podiatrist
Dentist
Clinical Psychologist
Optometrist
Chiropractor (limited to treatment consisting of manual manipulation

of the spine to correct a subluxation as demonstrated by X-ray to exist)
Nurse Practitioner and Nurse Midwife
Clinical Social Worker
Physician's Assistant
Health care provider recognized under the County sponsored or

County approved union sponsored health plans.
Christian Science Practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts
A health care provider who practices in another country, who is authorized to practice in that country and, who is practicing in accordance with the law as defined by the country

“Serious Health Condition” - an illness, injury, impairment, or physical or mental condition that involves:

Ø Inpatient care in a hospital, hospice, or residential medical care facility,

including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care

Ø Continuing treatment by a health care provider. A serious health condition

involving continuing treatment by a health care provider includes any one or more of the following:

A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three full calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

Treatment two or more times by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider.

Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Treatment includes but is not limited to examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations and must be in person.

Ø Any period of incapacity due to pregnancy or for prenatal care.

Ø Any period of incapacity or treatment for and during such incapacity due to

a chronic serious health condition. A chronic serious health condition is one which:

Requires periodic visits (at least two times during the leave year) for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider

and
Continues over an extended period of time (including recurring episodes of a single underlying condition)

and
May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

Continuing treatment includes prescription medications, therapy, special equipment, etc. Self-treatment such as taking over the counter medicine (aspirin, antihistamines, salves, etc.) bed rest, drinking fluids, etc. does not constitute continuing treatment.

Ø A period of incapacity which is permanent or long-term due to a condition

for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

Ø Any period of absence to receive multiple treatments (including any period

of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

Restorative dental or plastic surgeries after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness, allergies, etc. may be serious health conditions, but only if all the conditions of this section are met.

Absences attributable to incapacity which qualify for FMLA where the employee or qualifying family member does not receive treatment from a health care provider, or may not last more than three days, are covered by FMLA. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.

A regimen of continuing treatment that includes the taking
of over-the-counter medications such as aspirin,
antihistamines, or salves; or bed-rest, drinking fluids,
exercise, and other similar activities that can be initiated
without a visit to a health care provider, is not, by itself,
sufficient to constitute a regimen of continuing treatment
for purposes of FMLA leave.

Ordinarily, the following are not considered serious health conditions unless
inpatient hospital care is required or complications develop:

Cosmetic treatments (such as surgery for acne)
Plastic surgery (except as noted above)
Common colds and flu
Ear aches
Upset stomach
Minor ulcers
Headaches (other than migraines)
Routine dental or orthodontia

“Unable to Perform the Functions of the Position” means that the health care provider has certified that the employee cannot work at all or cannot perform any one of the essential functions of the position within the meaning of the Americans with Disabilities Act. Intermittent leave for a medical treatment constitutes inability to perform one or more of the essential functions of one's job during the period of absence.

“Physical or Mental Disability” means a physical or mental impairment as defined under the Americans with Disabilities Act (ADA) that substantially limits one or more of the major life activities of the individual. An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perform one or more essential functions of one's job during the period of absence.

“Disability”, as defined under the California Fair Employment and

Housing Act (FEHA) Section 12926 (B) (i), is a disability that “limits” a major life activity (as opposed to substantially limits) and shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.

“Qualifying Exigency” is used to refer to a number of broad categories for which employees can use FMLA under the National Defense Authorization Act (NDAA) only. Qualifying reasons include the following:

Short-notice deployment to address any issues that arise due to a

covered military member being notified on an impending call or order to active duty seven or less calendar days prior to the date of deployment.
Military events and related activities to attend any official ceremony, program or event sponsored by the military and to attend family support and assistance programs and informational briefings sponsored or promoted by the military, military service organizations or the American Red Cross that are related to the active duty or call to active duty status of a covered military member.
Childcare and school activities to arrange childcare or attend certain school activities for a child of the covered military member, who is either under age 18, or age 18 or older and incapable of self-care. This leave may be taken to arrange for alternative child care, to provide urgent, immediate, non-routine childcare, to enroll the child in a new school or day care facility, or to attend meetings with staff at a school or a day care facility (e.g. disciplinary meetings, parent-teacher conferences, meetings with school counselors).
Financial and legal arrangements to make or update financial or legal arrangements to address the covered military members absence while on active duty or call to active duty status, such as preparing and executing financial and health care powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility

Reporting System, obtaining military identification cards, or preparing or updating a will or living trust. The leave can also be used for acting as the military member's representative for purposes of obtaining, arranging, or appealing military service benefits while the covered military member is on active duty or call to active duty status, and for the 90 days after the termination of the covered military member's active duty status.

Counseling to attend counseling provided by someone other than a health care provider for one-self, for the covered military member, or for the child of the covered military member who is either under the age of 18 or age 18 or older and incapable of self-care, provided that the need for counseling arises from the active duty or call to active duty status of a covered military member.
Rest and recuperation to spend time with a covered military member who is on short-term temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen days of leave for each instance of rest and recuperation.
Post-deployment activities to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member's active duty and to address issues that arise from the death of a covered military member while on active duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements.
Additional activities to address other events which arise out of the covered military member's active duty or call to active duty status provided that the employer and the employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.
Care of the military member's parent - to care for a military member's parent who is incapable of self-care when the care is necessitated by the member's covered active duty, such as arranging for alternative care, providing care on a non-routine, urgent, immediate need basis, admitting or transferring a parent to a new care facility, and attending certain meeting with staff at a care facility, such as meeting with hospice or social service providers.

“Needed to Care for a Family Member” means to provide physical or psychological care to a family member. It includes situations where the family member is unable to care for his or her own basic needs such as medical, hygienic, nutritional, safety, etc. It also includes making arrangements for changes in care, such as transfer to a nursing home or transportation to and from the doctor. The term also includes providing psychological comfort and reassurance which would be beneficial to the child, spouse or parent that is

receiving inpatient or home care. Intermittent leave may be taken when the condition of the child, spouse or parent is intermittent or where care is otherwise available but the employee is temporarily filling the position, or where care responsibilities are shared with others.

“Workweek” means the employee's normal workweek prior to the start of the FMLA and/or CFRA leave.

Calculating a Workweek When an Employee's Work Hours Fluctuate

A workweek cannot always be calculated based on a 40 hour workweek for the purpose of intermittent leave. For example, an employee who normally works 56 hours a week will have 672 hours (56 hours X 12 weeks) in his or her 12-workweek period while an employee who works a 25 hour week will have 300 hours (25 hours X 12 weeks) in his or her 12 workweek period.

Employees on a 9/80 or 4/40 work schedule calculate their workweek as if they were on a 5/40 schedule since 80 hours are worked every two weeks.

Management will assign employees on a 9/80 or 4/40
schedule to a 5/40 schedule while they are out on
continuous FMLA and/or CFRA leave. Employees on
intermittent FMLA and/or CFRA leave that is not regularly
scheduled may have their schedule changed in
accordance with departmental policy.

If a part-time employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period would be used for calculating the employee's normal workweek.

Week	Hours Worked	Total Hours
1-4	30	120
5-10	20	120
11-12	25	50
Total Hours Worked		290

Add the total hours worked together and divide by 12. In this case, 290 hours divided by 12 gives an average work week of 24.16 hours.

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