SECTION 6: PAID LEAVE AND UNPAID LEAVE
FMLA, CFRA and PDL leave is unpaid. However, the Board of Supervisors allows employees to elect to use accrued time to cover any FMLA, CFRA and PDL leave. Therefore, at his or her option, an employee may use accrued time concurrently with a FMLA, CFRA or PDL leave.
After FMLA, CFRA and PDL is exhausted, employees are not
permitted to use one day a month of accrued time in order to receive their County contribution unless one day of accrued time is all the time an employee has remaining. No employee may be forced to use paid leave benefits to cover a FMLA, CFRA or PDL leave.
Leave for an Employee's Own Serious Health Condition
An employee may use leave time (sick, vacation, holiday, short-term disability, Compensatory Time Off (CTO), Workers' Compensation, etc.). The fact that the employee is on FMLA, CFRA or PDL leave does not change any waiting periods, eligibility or other restrictions or limitations associated with those programs and benefits.
Leave for a Qualifying Family Member's Serious Health Condition
An employee may use accrued time (vacation, holiday, etc.) with special allowances for sick leave. With prior approval, the County allows employees to use up to twelve (12) days of “Sick Personal” time out of their accrued sick leave balance for any personal reason, which includes leave to care for an FMLA/CFRA qualifying family member. Also, under California's “Kin Care” Leave Law (AB 109 effective January 1, 2000), employees are allowed to use up to half of the sick leave they accrue within a calendar year to care for an ill child, parent, or spouse. When using sick leave to attend to an ill family member, California's Kin Care Leave and the County's twelve (12) personal sick days will run concurrently.
In accordance with County guidelines, an employee can start and stop using accrued paid time any time during the FMLA, CFRA or PDL leave. However, once the employee has stopped using paid time, the employee cannot start using it again without approval from the Department Head or his/her designee.
Interaction with Departmental Policies
When an employee takes time off for family and medical leave, he or she is still responsible for adhering to departmental policies. This includes following the employer's normal call-in procedures, except when extraordinary circumstances (such as incapacity) prevent the employee from doing so. Violations of the attendance policy may subject the employee to disciplinary action, although the taking of FMLA of itself may not be used as a negative factor in employment decisions.
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EXAMPLE
Shawn is on intermittent leave for his own serious health condition. Shawn's regular work schedule is 8:00 a.m. to 5:00 p.m. Shawn's department has an attendance policy that states that he must call in no less than one hour before his shift starts if he is going to be late or absent. Shawn continually arrives for work, without calling, at 8:30 a.m. or later stating that he wants to use 30 minutes of FMLA and CFRA leave. Shawn may be disciplined for his failure to adhere to the Department's call in procedures. Shawn is disciplined on the same basis as other employees who are not on a protected leave of absence and who fail to comply with the Department's call-procedures. However, employees may not be disciplined for solely using FMLA and CFRA.
The 30 minutes Shawn is using for FMLA and CFRA would be taken from Shawn's allotment of FMLA and CFRA. The time he uses to cover for his 30 minutes would be granted in accordance with the department's attendance policy which may include coding the time as unauthorized leave.