COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Eva Hyde
MEETING DATE: February 9, 2009
OFFICE: Human Resources
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Kerr County FMLA policy.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Eva Hyde
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
~~~ o Revised 02-0&2009
11.00 Family and Medical Leave (FMLA)
11.01 Familyand Medical Leave Act
The Family and Medical Leave Act ("FMLA") provides eligible employees with leave
(with or without pay), certain benefits protections, and job restoration for qualifying
events. If a conflict exists between these provisions and the FMI.A, the FMLA governs.
Employees may obtain forms for applying for FMLA from Human Resources.
Definitions
The words and terms defined in this section have the meanings given unless the context
clearly indicates another meaning.
Child - A biological, adopted, foster, or stepchild, a legal ward, or a child of a
person standing in loco parentis, who is under 18 years of age or who is 18 years
of age or older and is incapable of self-care because of a mental or physical
disability.
Eligible Employee - An employee who:
• has been employed by the County for a total of at least 12
months and
• has at least 1250 hours actually worked during the 12 months
immediately preceding the leave.
Employment Benefits -All benefits the County provides or makes available to
Eligible Employees, including group life, health, and disability insurance, Sick
Leave, and Retirement.
Group Health Plan -Any plan of, or contributed to by, the County to provide
health care to employees or the families of such employees.
Health Care Provider - A doctor of medicine or osteopathy who is authorized
to practice medicine or surgery (as appropriate) by the State of Texas; or any
other person determined by the United States Secretary of Labor.
Intermittent Leave -Leave taken in separate blocks of time for a single illness
or injury, rather than one continuous period of time, which may include
periods from a portion of an hour or more to several weeks.
Parent -The biological parent of an employee or an individual who stood in
loco parentis to the employee when the employee was a child.
Serious Health Condition - An illness, injury, impairment, or physical or
mental condition that involves:
72
~~~ o Revised 02-08-2009
• inpatient care (i.e. an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of
incapacity (for purposes of this section, defined to mean inability to
wank or perform regular daily activities due to the Serious Health
Condition, treatment there fore or recovery therefrom) or any
subsequent treatment in connection with the inpatient care; or
• 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) a period of incapacity of more than 3 consecutive
calendar days, and any subsequent treatment or period
of incapacity relating to the same condition, that also
involves:
^ treatment 2 or more times by a health care
provider, 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; or
^ treatment by a health care provider on at least
one occasion that results in a regimen of
continuing treatment under the supervision of
the health care provider
b) any period of incapacity due to pregnancy or for prenatal
care.
c) any period of incapacity or treatment for such incapacity
due to a chronic Serious Health Condition. A chronic
Serious Health Condition is one that:
Requires periodic visits for treatment by a health
care provider, or by a nurse's or physician's
assistant under direct supervision of a health care
provider
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.)
d) a period of incapacity that is permanent or long term
due to a condition for which treatment may not be
73
~~~' o Revised 02-08-2009
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
terminal stages of a disease.
e} any period of absence to receive multiple treatments
(including any period of recovery therefrom) 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 incapacity
of more than 3 consecutive days in the absence of
medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.) severe arthritic (physical
therapy), or kidney disease (dialysis).
Spouse - A husband or wife as defined or recognized under Texas law,
including common law marriage.
Qualifvine Events
Eligible employees are enritled to FMIA for the following Qualifying Events:
^ The birth of a child of the employee an din order to care for such child;
^ The placement of the child with the employee for adoption or foster care;
^ To care for the Spouse, Parent, or Child of the employee if the Spouse, Parent,
or Child has a Serious Health Condition; or
^ The employee's own Serious Health Condition.
Entitlement to Leave
Eligible Employees with a Qualifying Event(s) are entitled to a maximum of 12
workweeks of leave per calendar year (See below for Military Family Leave
entitlements).
If a husband and wife both work for the County, they must split the 12
workweeks for the birth or placement of a child. They do not have to divide
the 12 workweeks evenly.
Military Family Leave
Oualifvit~ Exi~encv Leave
Eligible employees with a spouse, son, daughter, or parent on active duty or call for
active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12 week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include 1} short notice deployment, 2) attending
certain military events, 3) arranging for alternative childcare and school activities, 4)
addressing certain financial and legal arrangements, 5) attending certain counseling
74
~~~ e Revised 02-08-2009
sessions, 6) rest and recuperation, 7) attending post deployment reintegration briefings,
and 8) additional activities agreed to by Kerr County and the eligible employee.
Military Caze~iver Leave
FMLA also includes a special leave entitlement that permits eligible employees to take
up to 26 weeks of leave to care for a covered service member during a single 12-month
period. A covered service member is the employee's spouse, minor child, parent, or
next of kin who is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious illness or injury incurred in the line of
duty on active duty that may render the service member medically unfit to perform his
or her duties for which the service member is undergoing medical treatment,
recuperation, or therapy; or is in outpatient status; or is on the temporary disability.
Tvnes of Leave
If needed, Eligible Employees may take up to 12 weeks of leave at once.
Eligible Employees may take leave intermittently for any Qualifying Event except the
birth or placement of a child.
^ Alternative Position on Leave Taken Intermittently
If an employee requests intermittent leave that is foreseeable based on planned
medical treatment, the Department Head may temporarily transfer the
employee to another position that has equivalent pay and benefits and better
accommodates recurring periods of leave than the employee's regular position.
Substitution of Paid Leave for Unyaid Leave
Vacation and Sick Leave
Employees on continuous FMLA leave must exhaust all available Vacation Leave and
Sick Leave (if applicable) before taking unpaid FMLA leave. For intermittent FMLA,
employees must exhaust all Vacation Leave and Sick Leave (if applicable) before taking
unpaid FMLA leave. Sick Leave is only applicable if the Qualifying Event is the
employee's own serious health condition or if the employee uses Sick Leave for the
Serious Health Condition of a Spouse, Parent, or Child.
Compensatory Time
An employee may choose to use their available Compensatory Time for an FMLA
qualifying event. If they make that choice, then the absences are simultaneously
designated as FMLA and Compensatory Time and count toward FMLA leave.
Workers Compensation Leave
Vacation and Sick Leave and Compensatory Time Sections above do not apply to
employees who are on Workers' Compensation Leave. Workers' Compensation Leave
and FMLA run concurrently.
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~~~ e Revised 02-08-2009
Expiration of Entitlement to Leave
^ Entitlement to FMIA leave for the birth or placement of a child expires at the
end of the 12-month period beglnning~ on the date of the birth or placement.
For every other Qualifying Event, the entitlement to leave ends when the
Qualifying; Event stops or the employee exhausts 12 weeks of leave. whichever
occurs first. In either event, the employee must notify Human Resources
within 2 working days of learning that the need for FMLA leave ended and the
employee must return to work.
FMLA is based on a "rolling" year -measured forward from the date the employee is
approved for FMIA. The twelve month period in which an employee is entitled to
twelve weeks of FMLA leave shall be the 12-month period measured forward from the
date an individual employee's first leave beeins.
While on leave without pav under this policy, the employee shall not eam vacation,
sick leave, be eligible for holidays, or earn other benefits afforded to employees actively
at work, except for those stated in this policy.
Benefits Protection
During any period that an Eligible Employee takes FMLA leave, the County maintains
coverage under any Group Health Plan at the level, and under the condition coverage
would have been provided if the employee had continued in employment.
Employees who choose to continue coverage while on unpaid FMLA leave must pay
their share of premiums, , under the Group Health plans then in effect. The
employee must pay their premiums for any supplemental plans while on FMLA. The
County bills employees on unpaid FMLA one month in advance to maintain coverage.
If the County does not receive payment within 30 days of the due date, such coverage
ends on the 31't day.
The County recovers the premium paid for maintaining coverage under such Group
Health Plan during any period of unpaid FMIA leave if:
^ The employee fails to retum from FMLA leave after the expiration of the
designated leave period; and
^ The employees fails to return to work for a reason other than the continuation,
recurrence, or onset of a Serious Health Condition that entitles the employee
to leave or other circumstances beyond the employee's control.
^ An employee who works less than 30 calendar days after returning to work is
considered to have failed to return to work and must reimburse the County for
any premiums paid for maintaining coverage during any unpaid FMLA leave.
Department Heads are responsible for notifying Human Resources if an employee fails
to return to work.
76
~~~' e Revised 02-0&2009
Employees continue to accrue Vacation Leave and Sick Leave during FMLA.
Employees do not accrue Sick Leave during unpaid FMLA.
Any area or issue regarding family and medical leave which is not addressed in this
policy shall be subject to the basic requirements of the Federal Family and Medical
Leave Act (FMLA) and the regulations issued to implement the Act.
Iob Protection
An employee who returns to work on or before the working day following the
expiration of the authorized FMLA leave period is entitled to be restored:
^ To the position held when the leave began; or
^ To an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment.
An employee who exhausts the authorize FMIA leave and fails to return to work may
be subject to discipline, including separation.
Employees who fraudulently obtain FMLA leave are not vrotected by FMLA and will
be subject to disciplinary action, up to and including separation.
Foreseeable Leave
If the need for FMLA leave is foreseeable, the employee must provide the Department
Head and in turn Human Resources notice at least 30 days before the leave begins.
Failure to give 30-days notice results in the denial of leave until 30-days notice is
provided
Scheduling Foreseeable Leave Based on Planned Medical Treatment
If the need for leave is foreseeable based on planned medical treatment, the employee
must make a reasonable effort to schedule the treatment so it does not disrupt the
operations of the department, subject to the approval of the appropriate Health Care
Provider.
Unforeseeable Leave
If the medical treatment is unforeseeable, the employee must provide such notice as is
practicable -within 1 or 2 business days of when they Team of the need for leave.
Desienation Procedures
Human Resources or an authorized representative always has the responsibility to
designate leave as FMLA-qualifying based upon the information the employee provides.
The designation of qualifying absences as FMLA leave is not optional for either the
employer or the employee.
77
~~~C' ~ Revised 02-08-2009
Emnlovee Request for Leave
When an employee specifically requests FMIA leave or when an employee requests
leave for any reason that is or may be a Qualifying Event, Human Resources or an
authorized representative should have the employee complete an application for FMIA
and provide them with the FMI.~I Notice to Employee of Responsibilities and
Requirements promulgated by the Human Resources office. If the employee is not
able to complete the FMIA application, Human Resources or an authorized
representative must complete the form based on information the employee or their
spokesperson provides. Information provided is released only to those with a
legitimate need to-know. Employees who do not provide sufficient information for
Human Resources to determine whether the absence(s) are protected under FMIA do
not receive the protections under the law.
Preliminary Designations
If a department has reason to believe that an Eligible Employee's absence is because of
a Qualifying Event, the department preliminarily designates the absence as F1vILA leave
and send the employee to Human Resources to complete the FMI.A Notice to Employee
of Responsibilities and Requirements informing the employee of the preliminary
designation and requiring them to submit the appropriate supporting documentation
in a timely manner to quality the leave as F1vILA. If the leave is determined not to be
for a Qualifying Event, Human Resources or an authorized representative must remove
the preliminary designation.
If an eligible employee is absent from work for four (4) consecutive calendar days and
the supervisor is uncertain whether the absence is for a Qualifying Event, the
department preliminarily designates the 4`~ day and any further consecutive absences as
F1vILA leave and the department must inform Human Resources. Human Resources
will send the appropriate FMIA forms to the employee. If the leave is determined to
be for a Qualifying Event, the preliminary designation becomes permanent. If the
leave is determined not to be for a Qualifying Event, Human Resources must remove
the preliminary designation.
Workers' Compensation and FMIA
If an employee is eligible for FMIA leave and has a Workers' Compensation injury
that is a Serious Health Condition as defined in 4.07, the Department Head
simultaneously designates the Workers' Compensation absences as FMIA.
Unless the reason for the leave is obviously a Qualifying Event, the Department Head
or authorized representative must give an Eligible Employee an FMLA Certification of
Health Care Provider form prescribed by Human Resources within 2 working days.
The employee must return the completed certification form within 15 calendar days of
receiving it.
78
~~~' o Revised 02-0&2009
Human Resources may, with the employee's permission, request a Health Care
Provider representing the County to communicate with the employee's Health Care
Provider for purposes of clarifying or authenticating such medical certification. Contact
Human Resources for assistance in this matter.
Re-Certification While on Leave or for Intermittent Leave
Human Resources may ask for re-certification any time the original certification expires
or, if no specific expiration date is given on the original certification, at any reasonable
interval of at least 3d days so long as the employee has had an FMLA protected absence
during that interval. Human Resources may ask for re-certification at any time if:
^ The employee requests an extension of the leave; or
• Circumstances described by the previous certification form have changed
significantly; or
^ The County receives information that casts doubt on the continuing validity of
the original certification.
Status While on Leave and Return to Dutv
Status Reports
An employee on FMLA leave must report his/her status and intent to retum to work
to his/her department periodically. These periodic reports must be made at least once
every 2 weeks or in accordance with the schedule designated in the Notice to Employee of
ResponsiMlities and Reciuirements.
Fitness for Duty Certification
Before returning to work, an employee who uses continuous FMIA leave because of
their own Serious Health Condition must provide a doctor's statement or a completed
fitness-for-duty certification pertaining to the same condition(s) for which they used
F1vILA leave. The certification must state that they are fit for duty and able to return to
work. If the employee is unable to perform all of the essential functions of their job,
they must provide as much advance notice as possible to Human Resources and their
Depamnent Head of any restrictions or limitations on their abilities so the department
can determine whether a reasonable accommodation is appropriate.
Outside employment during FMIA leave is prohibited, and may result in
disciplinary action, up to and includiug immediate termination of employment.
79

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FMLA FOR SUPERVISORS
What a Supervisor
Needs to Know
Human Resource
Texas Association of Counties

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A
A
Learning Objectives
a- What is FMLA -The Law
• How to Administer
s Important Reminders for Supervisors
Top 10 Mistakes Employers Make
~ Let's Look at Scenarios
• Frequently Asked Questions
A
A
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•
Family Medical Leave Act
Department of Labor
Wage and Hour Division
Effective August 5, 1993
Revised 1995
~ Texas Association of Counties
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Family Medical Leave Act of 1993
FMLA applies to public agencies
sAll Counties are required to post the FMLA
poster, even if they have below 50
employees.
•All Counties with 50 or more employees
(your seasons/and temps count but NOT
E/ectedolticia/s) employed with 75 miles of
workplace must grant FMLA to covered
employees.
~,~„
What is FMLA?
~ FMLA =Leave Entitlement
• Under federal law, FMLA entitles employees
to have 12 weeks of j~rQtected_le~ve
(paid or unpaid) in a 12-month period for
specified family and medical reasons
~ Employers are allowed to substitute paid
leave for unpaid leave based on the FMLA
election -Your policy dictates whether you
pay -law does not require pay.
Reasons for FMLA
• For the birth, adoption or foster care
placement of a child, or to care for a newborn
child
s To care for an immediate family member with
a serious health condition (spouse, child, or
parent)
+~ When the employee is unable to work
because of his/her own serious health
condition
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Texas Association of Counties io

Intermittent/Reduced
Schedule Scheduled Leave
a May be taken when medically necessary
to care for a seriously ill family member,
or because of the employee's serious
health condition
• May be taken to care for a newborn or
newly placed adopted or foster care
child (only with the employer approval)
1/vi07
Employee Eligibility
• Has worked for the employer for at least 12
months (does not have to be consecutive);
and
~ Has worked at least 1,250 hours during the
12 month period prior to FMLA leave
ivnn
Serious Health Condition
• Means an illness, injury, impairment, or physical
or mental condition that involves:
^ Inpatient (overnight) hospital stay; or
^ A period of incapacity requiring absences of
more than three calendar days from work,
involving the continuing treatment of a
healthcare provider; or
^ A period of incapacity due to pregnancy or
prenatal care; or
~„~„
Texas Association of Counties
Serious Health Condition Cont'd
^ A period of incapacity due to a chronic
serious health condition (asthma, diabetes,
epilepsy); or
^ A period of incapacity due to a long term
illness for which treatment may not be
effective (stroke, Alzheimer's); or
^ Absences related to multiple treatments for a
condition that would likely result in incapacity
or more than three days if left untreated
(chemo, diatysis) ~/~
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Medical Certification
*An employer may require that the need
for leave for a serious medical condition
of the employee or the family member
be supported by certification issued by
a health care provider. The employer
must allow the employee at least 15
calendar days to obtain the medical
certification.
srom~

Health Care Provider
• Doctor, Podiatrist, Dentist, Clinical
Psychologist, Optometrist, Chiropractor,
and the list goes on...
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Texas Association of Counties 12
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Protections under FMLA
s A covered employee:
^ Maintains employer-paid benefits
^ Will be restored to his/her original job or
equivalent job in terms of pay, benefits
and other terms and conditions of
employment
-~-~~~
Employee Notice
• Employees should provide:
-s 30 day advance notice when leave is
foreseeable
-~ Notice "as soon as practical" when leave is not
foreseeable -deemed as verbal notice within
one to two days
-.o Sufficient information for employer to
understand that the employee needs leave for
FMLA qualifying event (does not need to
mention FMLA - no magic language required)
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Employer Notice
• Post the notice approved by Secretary of Labor
o Include information about employee rights in
handbooks and written material or provide
written guidelines
• Provide a written notice designating the leave as
FMLA leave, detailing specific expectations of the
employee who is exercising his/her FMLA
entitlement. The notice must be provided within
one to two business days after receiving the
employee's notice of need for leave (WH-381)
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FMLA Administrator Responsibilities
~ Will send the initial notifications
(Sample - WH-381) to the employee -
Employee required notification.
s Will track FMLA time and maintain
records for a minimum of 3 years.
,pm,
m to er Res nse to Em to ee
p Y Po p Y
Request for Family or Medical Leave
(WH-381)
• Describes how the leave will be counted
• Describes the requirements of the
employee to furnish medical certification
and the consequences of failing to do so
• Describes the employee's right to elect to
use paid leave or the employer's right to
require the use of paid leave and the
conditions relating to using paid leave
aum

Supervisor Responsibilities
• Recognize the need to designate a leave as
Family Medical Leave.
• Cooperate with employees seeking leave.
• Notify Human Resources -Benefits Office,
County Treasurer, County Auditor - Office
Administering FMLA for County as soon as you
recognize need for leave. It is employer's
responsibility to designate the leave -
FAILURE TO DO SO MAYGR.4NT EMPLOYEE
GREATER RIGHTS THAN THELAW REQUIRES.
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Texas Association of Counties t4


Supervisor Responsibilities
Cont'd
• Maintain proper attendance records and carefully
document FMLA leave. Timekeeper MUST record
accurately all absences approved as qualifying
FMLA events.
Be cautious when dealing with attendance
problems.
~ Assure that time sheet is marked correctly -
FMIA is recorded properly.
• Be consistent!


Supervisor Responsibilities
Cont'd
~ Monitor carefully when employees are taking time
off for illnesses or dealing with spouse, children
or parents illnesses. Always keep in mind this
may be a qualifying FMLA event.
~ Be sure your employees understand their right to
FMLA.
+1 Don't retaliate against employees who request or
take FMLA.


Supervisor Responsibilities
Cont'd
• FMLA information must be kept in a
confidential file, not in an employees
personnel file.
• Have all FMLA paperwork handled by one
office in the County, if at all possible.
• Keep personal feelings from affecting your
judgment.
~ Texas Association of Counties
is
Supervisor Responsibilities
Cont'd
• Remember all missed dme Worker's Comp
cases are FMLA events when the employee
has received medical treatment.
~ Do not consider FMLA absences when
conducting performance evaluations or
making salary adjustments.
•Treat all employees equal!
~i9/117
.,.
According to DOL -
Top 10 Mistakes Employers Make
10. Failure to handle questions about the
validity of medical certifications.
9. Failure to request medical certification
in writing and not giving employees at
least 15 days to obtain.
8. Failure to grant FMLA because of not
understanding what qualifies as a "serious
health" condition.
,per
According to DOL -
Top 10 Mistakes Employers Make
7. Terminating an employee during or at the
conclusion of FMLA.
6. Failing to reinstate employee to the dame
or equ valent~sit_ion_ _,,,__ ,,,,_,
5. Failing to grant leave to provide physical or
psychological comfort to a seriously ill
parent.
~,~„
Texas Association of Counties

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16
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According to DOL -
Top 10 Mistakes Employers Make
4. Taking disciplinary action against employee
for using FMLA.
3. Counting FMLA against any absentee policy.
2. Failing to notify an employee that their
leave is counting toward their 12 weeks
FMLA entitlement.
1. Failing to notify employees of their FMLA
rights.
-4,~~,
FMLA Scenario
An employee used 12 weeks of FMLA
beginning 6-15-05. On 3-25-06, the same
employee requests 3 more weeks of
FMLA. Under the "rolling year" definition
of a "leave year" will the employee be
eligible?
Why or why not?
,,,,~~
FMLA Scenario Answer
NOT ELIGIBLE!
The "rolling year" is counted back from the
day the employee is requesting the new
FMLA. The employee has used all
available FMLA balance for that period.
i;YY17
Texas Association of Counties
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--
FMLA Scenario
An employee misses 4 days of work
because her daughter has a sinus
infection and started antibiotics. The
employee has worked for you for 2 years
and-has worked the required number of
hours. Is she eligible for FMLA?
Why or why not?
3NgY7
FMLA Scenario Answer
This is probably NOT an FMLA qualifying
event. Although the employee meets the
requirements of the length of employment
and number of hours worked, the child's
condition does not qualify for FMLA since
there is NO ON-GOING TREATMENT.
,per
FMLA Scenario
An employee would like to take FMLA as
needed, including the ability to leave work
with no advance notice. Is this possible?
Why or why not?
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Texas Association of Counties 18
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FMLA Scenario Answer
Yes, if the condition qualifes under FMLA
intermittent leave, the employee may
leave work. The supervisor needs to
communicate with the County FMLA
Administrator and the time off must be
tracked under FMLA. ..
14.07

FMLA Scenario
Does FMLA start when the employee
requests it to or does it start when the
doctor says the employee is not allowed
to work?
,,~,
FMLA Scenario Answer
FMLA starts when the employees calls in
sick and it is determined that the
condition is an FMLA event. Retro
assigning may happen in the following
scenarios: 1) the supervisor is not
informed immediately of the qualifying
condition; 2) the administrator is waiting
for supporting documentation to
determine if the condition qualifies for
FMLA.
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FMLA Scenario
Can the employer determine an FMLA event
without the employee wanting to claim
FMLA?
~roro,
FMLA Scenario Answer
YES. The employer should properly classify
all qualifying FMLA conditions as an FMLA
event. The employer should notify the
employee that they may have their leave
classified as FMLA and then request the
documentation from the employee to
determine if the condition is FMLA related.
Remember FMIA is protection for your
employees and the employer is required
to properly manage FMLA.
1.9/U7
Frequently Asked Questions
• What makes an employee eligible for FMLA?
The employee must have wor~!red at /east 11 .
months and at /east 115© hours in the
previous 11 months prior to starting FMLA.
Part Time employees ~~ a/so covered if they
meet this requirement.
~ How much leave will be granted under FMLA?
An eligible emp/oyerP is entitled to a tool of
11 work-weeks, or 480 hours, of jo6-
proterted /eave,duririgg any 11 month period .
for an approved condiGoa _
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Texas Association of Counties . 20
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Frequently Asked. Questions
• When does FMLA start?
FMLA begins at the point the qua/ifled i//Hess
or injury begins The emp/over must notify in
writing within 1 business days the emp/oyee
that they are covered under FMLA.
• What does "Treatment" include and Not
include?
Treatment does not include routine physics/
exams, eye examinations or dents/
examinations
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Frequently Asked Questions
• Is Workman's Comp also FMLA?
An emp/oyee that is out on Workman's Comp \
shou/d a/so be out on FMLA. They run /
concurren x +^
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• Who is considered a Health Care Provider?
A Heath Care Provider is a Medics/Doctor,
Physician's Assistant Pod/alrist, Dentist,
Optometrist, Clinics/Psycho%gis~ Clinics/
Social Worker, Nurse Practitioner,
Chiropractor
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Frequently Asked Questions
• What is an occurrence year?
If you are using a 'i+m/ling year; an FMLA year begins
the day theygo out on FMLA. Their next year begins
one year from the day the first went out. You can
a/so use a calendar year or an anniversary date year.
• What is intermittent leave?
Leave far Brie care ofa family member or due to the
emp/oyE+e's own serious health condition may be
taken intermittently or on a reduced-leave schedu/e
when medics//y necessary. Intermittent/eave is
ca/cu/ated using 480 hours of FMLA (vs 11 weeks).
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QUESTIONS
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Texas Association of Counties 22
REQUEST FOR FAMILY AND MEDICAL LEAVE: ~'"'""'
NOTICE OF ACKNOWLEDGEMENT OF FAMILY MEDICAL GUIDELINES
Employee's Name:
Job Title:
Department:
Approximate Date Leave Will Begin:
Expected Date of Return:
Family Member's Name (if applicable):
Relationship:
The following FMLA Leave policy for Kerr County is based upon Federal Legislation.
Kerr County provides for a leave under the Family Medical Leave Act (F~NiL.A) for eligible
employees and is obligated by federal law to do so when the situation warrants.
FMLA is intended to allow employees to balance their work and family life by taking
reasonable unpaid leave for a serious health condition, for the birth or adoption of a child,
and for the care of a child, spouse, or parent who has a serious health condition. The Act is
intended to balance the demands of the workplace with the needs of families, to promote
the stability and economic security of families, and to promote national interests in
preserving family integrity.
1. I understand that the length of leave will not exceed 12 weeks, in total for either
this leave alone, or together with any other medical or family related leave(s) taken
within the twelve months prior to this leave request; and that this leave will be
counted towards my annual FMLA entitlement
2. If my family and medical leave is for purposes of a serious health condition that
makes me unable to perform the functions of my job or to care for my spouse, son,
daughter or parent who has a serious health condition, I understand that I .will be
required to famish Kerr County with a completed medical certification form
attesting to my need for assisting in the caring for the seriously-ill family member, or,
if the leave is for my own serious health condition, in order to verify the medical.
necessity of such care and subsequent leave of absence. This form needs to be filled
out and completed no later than 15 days after the employee's request for leave (or as
soon as possible in the event of unforeseeable ailment(s)).
Failure to furnish Kerr County with a completed medical certification form
according to this policy may result in a denial of my request for family and medical
leave until the certification form is completed and submitted to the Human
Resources Office.
3. I understand that I utilize all my available earned sick, vacation, and
personal time as part of my leave ,~~,,~,c~Q,--~S~.
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4. I understand that, while I am out on family and medical leave, I will be required
to continue to make health insurance premium payments pursuant to Kerr County's
health insurance policy as if I were still working for Kerr County (i.e. Spousal or
Dependents). I also understand that any personal or supplemental deductions from
mp payroll are my responsibility and I will be required to make payments as if I were
still working fox Kerr County. Kerr County will not make any payments towards mp
personal deductions during my leave. I have made arrangements with the Human
Resource Office concerning these payments.
5. I understand that if my leave is for the purposes of the birth of a child or because
of mp own serious health condition, I understand that I will be required to obtain a
medical certification from their health care provider to attest that I am fit to resume
work. This certification shall be limited to an evaluation of the particular health
condition that resulted in mp need for FMLA leave.
6. The Human Resources Office has notified me on whether or not I am to be
classified as a "key employee". If my employment position qualifies me as a "key
employee", I understand that my position map not be available upon my return from
leave if Kerr County detei7nines that the restoration of my employment will cause
"substantial and grievous economic injury" to the operations of Kerr County or
would cause long-term economic injury to Kerr County.
7. I map return to the same or similar position with no loss of employment benefits
or status, unless other employees of equal length of service credit and status in the
same or similar position have been laid off due to economic conditions or other
changes in operating condition affecting employment during such family and medical
leave.
8. If mp leave of absence is fox purposes of caring for a serious health condition of a
covered family member or if it is due to my own serious health condition, then I may
be required to obtain medical recertification's during the course of my leave from the
health care provider supervising the treatment for such serious health condition
concerning the medical necessity for my leave and will also be required to report
periodically during the course of my leave on my status and my intent to return to
work.
9. I also understand that if I fail to return to work after taking FMT.A leave, then I
will be required to reimburse Kerr County for any premium costs of any health
insurance coverage paid by Kerr County during the course of my leave unless the
reasons for my inability to return to work are due to a serious health condition
incurred by a family member or myself or due to other circumstances beyond my
control which prevent me from returning. to work with Kerr County.
Employee Signature Date:
Human Resources Signature Date: