[Amended 5-4-2010 by Ord. No. 12-10; 1-28-2014 by Ord. No. 06-14]
The County is committed to complying with applicable federal
regulations concerning the Family and Medical Leave Act (FMLA). This
article provides information in regard to the subject matter covered
and shall be interpreted by the Director of Personnel. In the event
of any inconsistencies between this article and the federal law or
adopted regulations, the federal law or adopted regulations shall
govern.
For purposes of this article only, the following terms have
the following meanings:
A period of incapacity or treatment that requires periodic
visits (at least twice a year) for treatment by a health care provider
or by a nurse 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
continuing periods of incapacity.
A period of incapacity of more than three consecutive, full
calendar days, and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
Treatment two or more times, within 30 days of the first day
of incapacity, unless extenuating circumstances exist, by a health
care provider, by a nurse under direct supervision of a health care
provider (e.g., physical therapist), or by a provider of health care
services under orders, or on referral by, a health care provider.
For treatment from a health care provider, it must be in-person visits,
the first of which must take place within seven days of the first
day of incapacity;
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. For treatment from a health care provider,
it must be an in-person visit which must take place within seven days
of the first day of incapacity;
A period of incapacity because of pregnancy or for prenatal
care;
A period of incapacity or treatment for a chronic serious health
condition;
A period of incapacity for permanent or long-term conditions
for which treatment may not be effective; or
Any period of incapacity to receive multiple treatments (including
recovery from those treatments) for restorative surgery, or for a
condition which would likely result in an incapacity of more than
three consecutive, full calendar days absent medical treatment.
A current member of the Armed Forces, National Guard, or
Reserves who is called or under a call or order to active duty (or
has been notified of an impending call or order to active duty) to
a foreign country in support of a contingency operation.
A covered military member for military caregiver leave is
the employee's spouse, son, daughter, parent, or next of kin of a
covered service member.
A current member of the Armed Forces, including the National
Guard or Reserves, who is otherwise on the temporary disability retired
list, for a serious injury or illness incurred in the line of duty
on active duty. A covered service member also includes a covered veteran
who is undergoing medical treatment, recuperation, or therapy for
a serious injury or illness incurred in the line of duty.
A veteran who was a member of the Armed Forces, National
Guard, or Reserves and who was discharged or released under conditions
other than dishonorable at any time during the five-year period prior
to the first date the eligible employee takes FMLA leave to care for
the covered veteran.
Includes licensed doctors of medicine or osteopathy, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors (limited
to treatment consisting of manual manipulation of the spine to correct
a subluxation as demonstrated by x-ray to exist) authorized to practice
in the State of Maryland, nurse practitioners, physicians' assistants,
nurse midwives, and clinical social workers authorized under state
law, and Christian Science practitioners listed with the First Church
of Christ, Scientist in Boston, Massachusetts, any health care provider
that is recognized by the employer or accepted by the group health
plan of the employer as authorized to provide certification for purposes
of claim, and a health care provider listed above who practices in
a country other than the United States, who is authorized to practice
in accordance with the law of that country.
Leave taken in separate blocks of time due to a single qualifying
reason.
Leave taken by an employee who is a covered military member
to care for a covered service member who is a current member or veteran
of the Armed Forces, National Guard, or Reserves who has incurred
a service member serious injury or illness or a veteran serious injury
or illness.
A nonmedical activity that is directly related to the active
duty or call to active duty status to a foreign country of a family
member. Covered family members are limited to a spouse, son, daughter,
or parent of the employee and must be a current member of the Armed
Forces, National Guard or Reserves, in support of a contingency operation.
For an activity to qualify as an exigency, it must fall within the
categories below:
Short-notice deployment to address any issue that arises from
the military member being notified of a call to active duty or order
to covered active duty seven or fewer calendar days prior to the date
of deployment;
Military events such as official ceremonies, programs, or events
sponsored by the military or family support or assistance programs,
and informational briefings sponsored or promoted by the military,
military service organizations, or the American Red Cross;
Child-care/school activities (temporary child care, not ongoing
child care) arising from the active duty or call to active duty status
of a covered military member, such as arranging for alternative child
care, providing child care on a nonroutine, urgent, immediate need
basis, enrolling or transferring a child in a new school or day-care
facility, and attending certain meetings at school or a day-care facility;
Financial/legal arrangements to address a covered military member's
absence;
Counseling provided by someone other than a health care provider
for oneself, the covered military member, or the child of the covered
military member, the need for which arises from the active duty or
call to active duty status of the covered military member;
Rest and recuperation (maximum of 15 calendar days);
Post-deployment activities, including attending arrival ceremonies,
reintegration briefings and events, and other official ceremonies
or programs sponsored by the military for a period of 90 days following
the termination of the covered military member's active duty status,
and addressing issues arising from the death of a covered military
member;
Parental care; and
Any other event that the employee and employer agree is a qualifying
exigency.
A covered service member's nearest blood relative other than
the covered service member's spouse, parent, son, or daughter, in
the following order of priority, unless the covered service member
has specifically designated in writing another blood relative as his
or her nearest blood relative for purposes of military caregiver leave
under FMLA, in which case the designated individual shall be deemed
to be the covered service member's next of kin:
A biological, adopted, step or foster father or mother, or
any other individual who stood in loco parentis (in place of a parent)
to an employee when the employee was a child.
A leave schedule that reduces an employee's usual number
of working hours per workweek or workday based upon a health care
provider's certification.
An illness, injury, impairment, or physical or mental condition
that involves inpatient care or continuing treatment by a health care
provider.
An injury or illness that was incurred by the covered service
member in the line of active duty in the Armed Forces or that existed
before the beginning of the member's active duty and was aggravated
by service in the line of active duty in the Armed Forces, and that
may render the service member medically unfit to perform the duties
of the office, grade, rank, or rating.
A biological, adopted or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis (in place of
a parent). The child must be under 18 years of age, or 18 years of
age or older and incapable of self-care because of mental or physical
disability. For son or daughter of a covered service member, there
is no age limitation.
A husband or wife as defined or recognized under Maryland
law for purposes of marriage.
An injury or illness that was incurred by the member in the
line of active duty in the Armed Forces (or existed before the beginning
of the member's active duty and was aggravated by service in the line
of active duty in the Armed Forces) and manifested itself before or
after the member became a veteran and is:
A continuation of a serious injury or illness and inability
to perform the duties of the office, grade, rank, or rating;
A physical or mental condition where the veteran has received
a VA service-related disability rating (VASRD) of 50% or greater and
such VASRD rating is based, in whole or in part, on the condition
precipitating the need for caregiver leave;
A physical or mental condition that substantially impairs the
veteran's ability to secure or follow a substantially gainful occupation
by reason of a disability or disabilities related to military service,
or would do so absent treatment; or
An injury, including a psychological injury, on the basis of
which the covered veteran has been enrolled in the Department of Veterans
Affairs Program of Comprehensive Assistance for Family Caregivers.
The standard number of hours an employee is regularly scheduled
to work in seven consecutive calendar days. If a part-time employee's
schedule varies from week to week, a weekly average of the hours in
the previous 12 months shall be used for calculating the employee's
normal workweek.
A.
Family and medical leave (FML) is the equivalent of 12 workweeks
(or 26 workweeks for military caregiver leave) of job-protected leave
granted to eligible employees who have been employed with Calvert
County Government for at least 12 months and who have worked 1,250
hours during the previous twelve-month period. Hours worked does not
include time spent on paid or unpaid leave or workers' compensation.
For the purpose of satisfying that twelve-month period of employment,
employment prior to a continuous break in service of seven years or
more shall not be counted unless the break in service is: (1) due
to an employee's fulfillment of military obligations; or (2) governed
by a collective bargaining agreement or other written agreement. Absences
from work due to or necessitated by USERRA-covered service are counted
in determining an employee's eligibility.
B.
For birth, placement, employee family member's serious health condition,
employee's own serious health condition, or military qualifying exigency,
an employee shall be entitled to a combined total of 12 workweeks
of FML during a calendar year, regardless of the various reasons for
FML.
C.
An eligible employee is entitled to a combined total of 26 workweeks
of military caregiver leave and leave for any other FMLA-qualifying
reason in a single twelve-month period, provided that the employee
may not take more than 12 workweeks of leave for any FMLA-qualifying
reason during this period.
FML may be used for:
A.
Birth of a son or daughter of the employee and in order to care for
such son or daughter;
B.
Placement of a son or daughter with the employee for adoption or
foster care;
C.
Care of the spouse, son, daughter, or parent of the employee, if
such spouse, son or daughter or parent has a serious health condition,
hereinafter referred to as "illness of a family member;"
D.
A serious health condition that makes the employee unable to perform
the essential functions of his/her position, hereinafter referred
to as "illness of an employee;"
E.
A military qualifying exigency;
F.
Care for a covered service member.
A.
The entitlement to leave for birth or placement of a child for adoption
or foster care shall expire at the end of the twelve-month period
beginning on the date of birth or placement and shall not be taken
by an employee intermittently or on a reduced leave schedule unless
the employee and the employer agree otherwise.
B.
If an employee requests intermittent leave or leave on a reduced
schedule for illness of a family member or an illness of the employee
that is foreseeable based on planned medical treatment, the employer
may require the employee to transfer temporarily, to accommodate recurring
periods of leave, to an available alternative position for which the
employee is qualified and that has equivalent pay and benefits. Intermittent
leave or leave on a reduced schedule should be limited solely to treatment,
recovery from treatment or recovery from illness.
C.
The employee may choose to substitute any available accrued paid
leave to which he/she may be entitled (i.e., annual, sick, personal,
compensatory leave, etc.) in accordance with the authorized uses of
such leave as prescribed in the corresponding articles of this chapter.
All paid leave taken shall be subtracted from the applicable workweeks
of FML entitlement so that an employee shall have a cumulative total
of 12 or 26 workweeks, whichever is applicable, of paid and/or unpaid
FML.
D.
If spouses are employed by the same employer, they are entitled,
in aggregate, to a total of 12 workweeks of FML within a calendar
year if the leave is because of the birth or placement of a child
for adoption or foster care, or if they are needed to care for a parent
with a serious health condition. Otherwise, married employees are
entitled to the same individual leave usage as other employees and
may take FML at the same time.
E.
If spouses are employed by the same employer, they are entitled,
in aggregate, to a total of 26 workweeks of military caregiver leave
during a twelve-month period.
F.
If an employee on FML takes off a full workweek during which a paid
holiday falls, the holiday hours count against the employee's FML
entitlement. If the employee takes FML leave increments of less than
a full workweek during which a paid holiday falls, the holiday hours
do not count against the employee's FML entitlement.
A.
An employee shall provide at least verbal notice to make the employer
aware that the employee needs FML-qualifying leave and must follow
up with a request for family and medical leave form. The completed
form must state the reason for the leave, the type of leave (paid
or unpaid), the duration of the leave, the starting and ending dates
of the leave, and other pertinent facts.
B.
An employee must provide the employer at least 30 days' advance notice
before FML is to begin if the need for the leave is foreseeable based
on expected birth, placement or adoption or foster care, planned medical
treatment for a serious health condition of the employee or of a family
member, or the planned medical treatment for a serious injury or illness
of a covered service member.
C.
If 30 days' notice is not practicable despite the employee's diligent,
good-faith efforts, because of a lack of knowledge of approximately
when the leave will begin, a change in circumstances, or a medical
emergency, notice must be given as soon as practicable.
D.
If FML is requested for planned medical treatment, the employee must
consult with the employer to make a reasonable effort to schedule
leave so as not to disrupt unduly the employer's operations.
A.
It is the employer's obligation, whenever possible, to designate
leave as FML, and the designation of FML may be made only on the basis
of information provided by the employee or the employee's spokesperson,
such as a spouse, adult child, parent or doctor.
B.
Upon receipt of the employee request form for FML, the employer is
required to give the employee notice of his/her eligibility for leave
by completing the notice of eligibility and rights and responsibilities
form within five business days and to promptly tell the employee whether
he/she is eligible. If not eligible for leave, the employer must tell
the employee the reason for ineligibility.
C.
The employer may retroactively designate leave as FML-qualifying
if appropriate notice is given to the employee, provided the retroactive
designation does not cause the employee harm.
A.
A request for FML must be supported by the applicable, fully completed
medical certification form within 15 calendar days.
B.
For military qualifying exigency, the employee shall provide a copy
of the covered military member's active duty orders or other documentation
issued by the military. If the qualifying exigency involves rest and
recuperation leave, a copy of the military member's rest and recuperation
orders, or other documentation issued by the military setting forth
the dates of the military member's leave, shall be provided.
C.
In lieu of a medical certification form for military caregiver leave,
if an invitational travel order (ITO) or an invitational travel authorization
(ITA) is issued, this documentation will suffice. The employer may
seek authentication and clarification of the ITO or ITA but cannot
seek a second or third opinion during the period of time in which
leave is supported by an ITO or ITA.
D.
Failure to provide requested medical certification within 15 calendar
days, or as soon as practicable, may result in denial of leave until
it is provided.
E.
Where the employer has reason to doubt the validity of the initial medical certification provided, except for military caregiver leave, the employer may require a second doctor's opinion (not regularly employed by the County) designated by and at the expense of the County within five business days after the leave begins. Notwithstanding the foregoing, the employer may request certification at a later date, and in accordance with § 86-4-1309 below, if it has reason to question the appropriateness or duration of the leave.
F.
In any case where the second opinion differs from the original opinion,
the employer may require a third opinion from a mutually agreed upon
doctor at the employer's expense. The third opinion shall be considered
to be final and shall be binding on the employer and the employee.
A.
The employer generally may not request a recertification more frequently
than every 30 days and only for an employee's serious health condition.
B.
If the original certification indicates that the minimum duration
of the incapacity will be for more than 30 days, the employer must
wait until that time has passed before requesting a recertification.
C.
If the employee requests an extension of leave, or circumstances
have changed significantly, such as the nature of the illness or duration
or frequency of the absences, the employer may request recertification
in less than 30 days.
D.
The employer may ask for a recertification at any time if it has
reason to doubt the validity of the most-recent certification.
E.
Recertification is at the employee's expense.
F.
The employee must provide the requested certification within the
time requested by the employer, which must be at least 15 calendar
days after the request is made, unless doing so is not practicable.
If the employee fails to provide the recertification, the employer
can delay FML until it has been provided.
G.
For military caregiver leave, the employer cannot seek recertification.
When the employer has enough information to determine whether
leave qualifies for FML coverage, the employer must notify the employee
in writing by completing the designation notice form within five business
days (absent extenuating circumstances).
A.
During an approved period of FML, the employer must maintain coverage
under its group health plan at the level and under the conditions
coverage would have been provided if the employee had continued to
work for the duration of such leave.
B.
If paid leave is substituted for unpaid FML, the employer shall deduct
the employee's portion of the health plan premium as a regular payroll
deduction.
C.
If the employee's leave is unpaid, the employee must contact the
Department of Finance and Budget to make arrangements to pay the employee's
portion of the health plan premium as well as any other payroll deductions.
D.
Any employee who is in a nonpay status is not entitled to retirement
credit or to earn annual, sick, personal, or holiday leave. If an
extension is needed beyond the 12 or 26 workweeks of FML, paid leave
or an unpaid leave of absence may be approved.
A.
Upon completion of FML and return to work, the employee shall be
reinstated in the position held by the employee or be restored to
an equivalent position with employment benefits, pay, and other terms
and conditions of employment as when the leave commenced. An employee
who returns to work after the employee's serious illness must submit
a return to work medical certification form, if designated by the
supervisor. If it is not practicable under the circumstances to obtain
and/or complete the above form, a doctor's certificate is required
stating the following:
B.
An employee who does not return to work or obtain approved paid leave
or an unpaid leave of absence is considered absent without leave (AWOL).
C.
An employee who does not return to work may be required to reimburse the employer for all premiums paid to maintain his/her health coverage during the unpaid FML period, provided his/he failure to return to work is for a reason other than the continuance, recurrence or onset of an illness of a family member or employee, or other circumstances beyond the employee's control. An employee who is unable to return to work for continuance, recurrence, or onset of an illness of a family member or employee shall provide a medical certification from the appropriate health care provider in accordance with § 86-4-1308. If the employee fails to furnish the requested certification within 15 calendar days of the employer's request, the employer may recover the health insurance premiums if paid during the period of unpaid leave.
It is the responsibility of Calvert County Government to post
and keep posted on its premises, in conspicuous places where employees
are employed, a notice explaining the act's provisions and providing
information concerning the procedures for filing complaints of violations
of the act with the Wage and Hour Division.
