HomeMy WebLinkAbout20061056.tiff RESOLUTION
RE: APPROVE REVISION TO OPERATIONS MANUAL, SECTION 7.000, PERSONNEL
POLICIES AND PROCEDURES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Revision to Section 7.000, Personnel
Policies and Procedures for the Weld County Department of Social Services Operations Manual,
and
WHEREAS,after review,the Board deems it advisable to approve said revision, a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,ex-officio Board of Social Services,that the Revision to Section 7.000,Personnel
Policies and Procedures for the Weld County Department of Social Services Operations Manual,
be, and hereby is, approved.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of April, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: fl 6L f>
, //la M. J. c Chair A
Weld County Clerk to t -o• j �� � r
361 f, , � '-E David E. Long, Pro-Tem
B —Deputy Clerk to th
Willi H. Jerke ff
APP S TO ��
, "VilL
Robert D. Masden
ur y t rney EX USED
Glenn Vaad
Date of signature: 0(4-ice--ok,
2006-1056
SS0033
(0 : SS Oc-f [-c7G
a
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
'9 Website:www.co.weld.co.us
Administration and Public Assistance(970) 352-1551
O Fax Number(970) 346-7691
•
COLORADO MEMORANDUM
TO: M.J. Geile, Chair Date: April 6, 2006
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services./((OL{ C J'
n
Ij
RE: Addition to Section 7 .000, Social Services ivision Polici s and
Procedures, Weld County Depaiknent of Social Services
Operations Manual
Enclosed for Board approval is an addition to Section 7.000, Social Services Division Policies
and Procedures,Weld County Department of Social Services Operations Manual. This addition
was reviewed at the Board's Work Session held on April 3, 2006.
The addition is to include policies and procedures regarding Family and Medical Leave Act
(FMLA). This section was developed with County Personnel.
Section Citation Title of Section.
7.015 Family and Medical Leave Act(FMLA)Policy
If you have any questions,please telephone me at extension 6510.
2006-1056
Social Services Division Policies and Procedure
7.015 Family and Medical Leave Act (FMLA) Policy
Added 3/06
It is the policy of the Weld County to grant up to twelve (12) weeks of family and medical
leave during any twelve-month period to eligible employees, in accordance with the
Family and Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid or a
combination of paid and unpaid, and may run concurrently with one or a combination of
other leave policies, depending on the circumstances and as specified in Section 3-6-50 of
the Employee Handbook, pages 3-23-3-26.
A. Eligible employees, as per policy, must submit the Medical Certification and
Intent to Return to Work, after an absence of more than three (3) full, consecutive
days. The employee must respond to the request within fifteen (15) days of the
request.
B. An employee taking three full, consecutive days for illness or injury described
under the FMLA policy, must submit a doctor's certification upon return to work
after illness/injury of the fourth (4) day. If the employee does not return to work
on the fourth day, the employee's immediate Supervisor will notify the Personnel
office of the absence, at which time a Medical Certification and Intent to Return
to Work will be sent to the employee's home via Certified Mail. (Exhibit A)
1. The Medical Certification and Intent to Return to Work form requires
medical information of the patient and is completed and signed by a
licensed health care provider.
a. The certification must include the date when the condition began;
b. It's expected duration and diagnosis and a brief statement of
treatment;
c. A statement if the employee is unable to perform the essential
functions of the employee's position;
d. Reduced work hours or any restrictions of the employee upon
return to work.
2. The immediate Supervisor will contact the Personnel Officer of the
absences, at which time an Acknowledgement Form of such action will be
signed by the immediate supervisor and Personnel Officer with the
employee's name, the date the Medical Certification and Intent to Return
to Work was sent, and retained in the employee's medical file. (Exhibit B)
3. An approved FMLA qualification is not considered as a sick leave
occurrence under Section 3-6-20, F., Sick Leave.
4. The date of the FMLA will be entered into the tracking system and will be
run for twelve weeks during any twelve month period, providing the
employee has met the previous requirements.
Social Services Division Policies and Procedure
5. Intermittent leave will be counted under the same incident for each
qualifying illness or injury.
6. FMLA occurrences can run concurrently during a twelve month period of
time. One for each qualifying illness per year.
C. During an intermittent leave, or working a reduced schedule, the employee must
complete the Request for Leave Authorization prior to scheduled doctor or therapy
appointments. (Exhibit C) The sick leave must be approved by the immediate
supervisor and turned into Personnel for record keeping purposes. The form must
include:
1. Date and time of scheduled appointment;
2. The purpose of family and medical leave;
3. If leave is for the employee or a qualifying family member.
4. More than three (3) consecutive days under FMLA absences require a
doctor's note upon return to work.
D. For the purposes of calculating FMLA hours, the employee is entitled
to 480 hours, paid or unpaid leave, which includes any time taken off
during the 12 month period, including holidays or days in which the
County would close for emergency purposes.
E. Employees must submit a written release, by licensed health care provider, to return
to part or full time duty and any restrictions upon return to work.
Medical Certificatinn and
Intent to Return to Work
Certification of Health Care Provider
(Family and Medical Leave Act of 1993)
1. Employee's name & department:
2. Patient's Name (if different from employee):
3. The attached sheet describes what is meant by a "serious health condition" under the Family and
Medical Leave Act. Does the Patient's condition 1 qualify under any of the categories described? If so,
please check the applicable category.
(1) (2) (3) (4) (5) (6) _ , or None of the above
4. Describe the medical facts which support your certification; including a brief statement as to how the
medical facts meet the criteria of one of these categories:
5. a. State the approximate date the condition commenced, and the probable duration of the condition
(also the probable duration of the patient's present incapacity2 if different):
b. Will it be necessary for the employee to take work only intermittently or to work on a less than full
schedule as a result of the condition (including for treatment described in Item 6 below)?
If yes, five the probable duration:
c. If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently
incapacitated2 and the likely duration and frequency of episodes of incapacity2:
6. a. If additional treatment will be required for the condition, provide an estimate of the probable number of
such treatments:
If the patient will be absent from work or other daily activities because of treatment on an intermittent
or part-time basis, also provide an estimate of the probable number and interval between such
treatments, actual or estimated dates of treatment if know, and period required for recovery, if any:
b. If any of these treatments will be provided by another provider of health service (e.g., physical
therapist), please state the nature of the treatments:
Here and elsewhere on this form, the information relates only to the condition for which the employee is
taking FMLA leave.
2 "Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other
regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.
1
EXHIBIT A
Medical Certifiratinn and
Intent to Return to Work
c. If a regimen of continuing treatment by the patient is required under your supervision provide a general
description of such regimen (e.g., prescription drugs, physical therapy requiring special equipment):
7. a. If medical leave is required for the employees; absence from work because of the employee's own
condition (including absences due to pregnancy or a chronic condition), is the employee unable to
perform work of any kind?
b. If able to perform some work, is the employee unable to perform any one or more of the essential
functions of the employee's job? (the employee or the employer should supply you with
information about the essential job functions) If yes, please lest the essential functions the employee is
unable to perform:
c. If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
8. a. If leave is required to care for a family member of the employee with a serious health condition, does
the patient require assistance for basic medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide psychological comfort be beneficial to the
patient or assist in the patient's recovery?
c. If the patient will need care only intermittently or on a part-time basis, please indicate the
probable duration of this need:
(Signature of Health Care Provider) (Type of Practice)
(Address) (Date) (Telephone number)
To be completed by the employee needing family leave to care for a family member:
State the care you will provide and an estimate of the period during which are will be provided, including a
schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full
schedule:
(Employee Signature) (Date)
2
Medical Certification and
Intent to Return to Work
A "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves
one of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility,
including any period on incapacity2 or subsequent treatment in connection with or consequents to
such inpatient care.
2. Absence Plus Treatment
(a) A period of incapacity2 of more than three consecutive calendar days (including any subsequent
treatment or period of incapacity2 relating to the same condition), that also involves:
(1) Treatment3 two 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
(2) Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treament4 under the supervision of the health care provider.
3. Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care
4. Chronic Conditions Requiring Treatments
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse of physician's
assistant under direct supervision of health care provider:
(2) Continues over an extended period of time (including recurring episodes of a single underlying
condition): and
(3) May cause episode rather than a continuing period of incapacity2 (e.g., asthma, diabetes,
epilepsy, etc.)
5. Permanent/Long-term Conditions Requiring Supervision
A period of incapacity2 which is permanent or long-term due to a condition of 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
server stroke, or the terminal stages of a disease.
6. Multiple treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) 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 incapacity2 of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) sever
arthritis (physical therapy), kidney disease (dialysis).
3 Treatment includes 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.
4 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an
antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of
treatment does not include taking of over-the-counter medications such as aspirin, antihistamines, or salves;
or bed-reset, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health
care provider.
3
Weld County Code
Chapter 3
Sec.3-6-50. Unpaid family and medical leave policy.
•
•
A. General provisions. It is the policy of the County to grant up to twelve (12) weeks of family and
medical leave during any twelve-month period to eligible employees, in accordance with the
Family and Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a combination
of paid and unpaid, depending on the circumstances and as specified in this Article.
B. Eligibility. In order to qualify to take family and medical leave under this policy, the employee
must meet all of the following conditions.
1. The employee must have worked for the County at least twelve (12) months, or fifty-two (52)
weeks, and need not have been consecutive. For eligibility purposes, an employee will be
considered to have been employed for an entire week even if the employee was on the payroll
for only part of a week or if the employee is on leave during the week.
2. The employee must have worked at least one thousand two hundred fifty(1,250)hours during
the twelve(12) month period immediately before the date when the leave would begin.
C. In order to qualify as FMLA leave under this policy, the employee must be taking the leave for one
of the reasons listed below.
1. The birth of a child and in order to care for that child.
2. The placement of a child for adoption or foster care.
3. To care for a spouse, child, or parent with a serious health condition.
4. The serious health condition of the employee which makes the employee unable to perform
the functions of the employee's position.
D. A serious health condition is defined as an illness, injury, impairment, or physical or mental
condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or
a condition which requires continuing care by a licensed health care provider.
E. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy
absences. Generally, a chronic or long-term health condition which, if left untreated, would result
in a period of incapacity of more than three (3) days would be considered a serious health
condition.
F. Employees with questions about what illnesses are covered under this FMLA policy or under the
County's sick leave policy may call the Department of Personnel.
G. The County will require an employee to provide a doctor's certification of the serious health
condition. The certification process is outlined in Subsection N.
H. An eligible employee can take tip to twelve (12) weeks of leave under this policy during any 12-
month period.
{
1 '
If a husband and wife both work for the County and each wishes to take leave for the birth
of a child, adoption, or placement of a child in foster care with the employee, or to care for
a child or parent with a serious health condition, the husband and wife may only take a total
of twelve (12) weeks of leave. For the purposes of the FMLA, the employee=s child must
be under the age of eighteen (18), or if older there must be medical certification showing
the child is disabled.
f f
J. Employee status and benefits during leave.
1. While an employee is on leave, the County will continue the employee's vacation and
sick leave accruals and health benefits during the leave period at the same level and
under the same conditions as if the employee had continued to work.
2. If the employee chooses not to return to work for reasons other than a continued
serious health condition, the County will require the employee to reimburse the
County the amount it paid for the employee's health insurance premium during the
leave period. An employee must return for at least thirty (30) days to be considered
to have returned unless the employee retires following leave.
3. Under current County policy, the employee pays a portion of the health care
premium. While on paid leave, the employer will continue to make payroll
deductions to collect the employee's share of the premium. While on unpaid leave,
the employee must continue to make this payment, either in person or by mail. The
payment must be received in the Department of Accounting by the end of each
month. If the payment is more that thirty (30) days late, the employee's health care
coverage may be dropped for the duration of the leave.
4. If the employee contributes to a life insurance plan, the employer will continue
making payroll deductions while the employee is on paid leave. While the employee
is on unpaid leave, the employee must continue to make those payments, along with
the health care payments. If the employee does not continue these payments, the
County may discontinue coverage during the leave period or will recover the
payments at the end of the leave period in a manner consistent with the law.
K. Employee Status After Leave.
1. An employee who takes leave under this policy will be able to return to the same job
or a job with equivalent status, pay, benefits, and other employment terms. The
position will be the same or one which entails substantially equivalent skill, effort,
responsibility, and authority.
2. The County may choose to exempt certain highly compensated employees from the
requirement and not return them to the same or similar position.
L. Use of Paid and Unpaid Leave.
1. If the employee has accrued paid leave, the employee must use paid leave first and
take the remainder of the twelve (12) weeks as unpaid leave.
2. An employee who is taking leave because of the employee's own serious health
condition or the serious health condition of a family member must use all accrued
paid vacation leave, comp time, and qualifying sick leave prior to being eligible for
unpaid leave. Under the County's sick leave policy, the limit of paid sick leave to
care for family members is a maximum of forty (40) hours total per year.
3. An employee taking leave for the birth of a child must use paid sick leave for
physical recovery following child birth. The employee must then use all accrued
paid leave and then will be eligible for unpaid leave for the remainder of the 12
weeks.
4. An employee who is taking leave for the adoption or foster care of a child must use
all paid vacation leave, personal leave, and comp time prior to being eligible for
unpaid family leave. Care leave for adoption, birth or foster care expires twelve (12)
months from the date of the birth or placement.
M. Intermittent leave or a reduced work schedule.
1. The employee may take FMLA leave in twelve (12) consecutive weeks, may use the
leave intermittently (take a day periodically when needed over the year), or under
certain circumstances may use the leave to reduce the work week or work day,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of
twelve(12) weeks over a twelve- month period.
2. For the birth, adoption, or foster care of a child, the County and the employee must
mutually agree to the schedule before the employee may take the leave intermittently
or work a reduced hour schedule. Leave for birth, adoption, or foster care of a child
must be taken within one(1)year of the birth or placement of the child.
3. If the employee is taking leave for a serious health condition or because of the serious
health condition of a family member, the employee must reach agreement with the
County before taking intermittent leave or working a reduced hour schedule. If this
is not possible, then the employee must prove that the use of the leave is medically
necessary. The County may require certification of the medical necessity, as
discussed in Subsection N.
N. Certification of the serious health condition.
I �
1. The County will ask for certification of the serious health condition. The employee
must respond to such a request within fifteen (15) days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave.
2. Certification of the serious health condition shall include the date when the condition
began, its expected duration, diagnosis, and a brief statement of treatment. For
medical leave for the employee's own medical condition, the certification must also
include a statement that the employee is unable to perform the essential functions of
the employee's position. For a seriously ill family member, the certification must
include a statement that the patient requires assistance and that the employee's
presence would be beneficial or desirable.
3. If the employee plans to take intermittent leave or work a reduced schedule, the
certification must also include dates and the duration of treatment and a statement of
medical necessity for taking intermittent leave or working a reduced schedule.
4. The County has the right to ask for a second opinion. The County will pay for the
employee to get a certification from a second doctor, which the County will select.
5. If necessary to resolve a conflict between the original certification and the second
opinion, the County will require the opinion of a third doctor. The County and the
employee will jointly select the third doctor, and the County will pay for the opinion.
This third opinion will be considered final.
O. Procedure for requesting leave.
1. Except where leave is not foreseeable, all employees requesting leave under this
policy must submit the request in writing to their immediate supervisor. The
supervisor will forward a copy to The Department of Personnel.
2. When an employee plans to take leave under this policy, the employee must give the
County thirty (30) days= notice. If it is not possible to give thirty (30) days= notice,
the employee must give as much notice as is practicable. An employee undergoing
planned medical treatment is required to make a reasonable effort to schedule the
treatment to minimize disruptions to the County's operations.
3. If an employee fails to provide thirty (30) days= notice for foreseeable leave with no
reasonable excuse for the delay, the leave request may be denied until at least thirty
(30) days from the date the employer receives notice.
4. While on leave, employees are requested to report periodically to the County
regarding the status of the medical condition and their intent to return to work.
f �
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wine
COLORADO
ACKNOWLEDGEMENT
Of Family and Medical Leave Act
EMPLOYEE NAME
POSITION
DEPARTMENT
The above mentioned employee has been sent, by Certified Mail, the Medical
Certification and Intent to Return to Work form on
Attached are the Unpaid Family and Medical Leave Policy, under Section 3-6-50 of the
Weld County Code, Chapter 3, Personnel Policies, 2003, and addressed in the Weld
County Employee Handbook, Ordinance 2003-4, effective June 17, 2003.
Personnel Officer Signature Date
Department Supervisor Signature Date
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