HomeMy WebLinkAbout11-112Resolution
WHEREAS, Butte County appointed department heads are exempt from the Merit
System and some employee benefits provisions of the Personnel Rules; and
WHEREAS, the Butte County Board of Supervisors grants benefits to appointed
department heads that are the same as or similar to those provided to classified employees; and
WHEREAS, it is the intent of the Board of Supervisors that appointed department heads'
benefits be standardized where allowed by law or this policy, unless otherwise provided for by
individual contract; and
WHEREAS, resolution 09-171 has specified the salary and benefits entitled to appointed
department heads since December 8, 2009;
WHEREAS, this resolution supersedes and replaces Resolution Number 09-171 by
providing the .benefits for appointed department heads effective the first full pay period
following adoption of this resolution;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that, effective
the first full pay period following adoption of this resolution, appointed department head benefits
shall be as follows unless otherwise specifically provided far differently in an individual's
contract:
Page 1 of 17
(September 2011}
RESOLUTION OF THE COUNTY OF BUTTE
SALARY AND BENEFITS OF
BUTTE COUNTY APPOINTED DEPARTMENT HEADS
1. Vacation Leave Accrual a>ad Use
Amount of Continuous Coun Service Earned at the Rate of:
Up to 5 years of service 15 days per year (120 hours)
Beginning of 6~` year through end of 10~' year of service 20 days per year (160 hours)
Beginning of 11~' year through end of 20~" year of service 25 days per year {200 hours}
21 years and over 27 days per year {216 hours}
a. Appointed department heads (hereinafter "department heads") shall accrue vacation leave
at the rates set forth above and shall be allowed to accumulate years of service from any
position of employment held in the County of Butte. Department head vacation accruals
may not exceed twice the annual accrual at the start of the first pay period in a calendar
year. If the department head is unable to take the scheduled vacation during a calendar
year due to unusual circumstances which result in his/her accumulation limit being
exceeded, or in the three month grace period following the beginning of the calendar year
because of emergency needs of the County, the department head shall be paid for the
excess vacation accrual upon the Board of Supervisor's approval.
b. All accumulated vacation on record shall be paid at the time of separation from
employment.
c. Once a year, concurrent with a vacation of at least forty hours, department heads may
receive cash for an additional forty hours of vacation, subject to the availability of funds.
d. If an employee of the County promotes from classified service to a department head
position, and there is no break in service by so doing, the employee may opt to have their
accrued vacation leave balance on record transfer with the employee into the department
head position. Under this provision, the hours that are in excess of the maximum
allowable may not be transferred, but instead shall be paid out. Vacation hours shall
continue to accrue from the initial, continuous, date of hire.
2. Sick Leave Accrual and Use
a, Department heads shall be credited with sick leave at the rate of one day per month
without limit and may use it in case of sickness or disability or for critical illness of an
immediate family member (3.6923 hours per biweekly pay period).
b. On retirement or separation in good standing from County employment, the department
head may be paid for any sick leave aver 30 days at one-half the normal rate up to a
maximum of $3,000, or may apply the leave time to service credit for retirement
purposes.
3. Holiday Leave
Department heads who are on compensated status both before and after a designated
holiday shall receive compensation for the holiday.
Page 2 of 17 (September 2011)
4. Family Care & Medical Leave
Department heads are eligible for Family Medical Leave, California- Family Rights
Leave, and/or Pregnancy Disability Leave as provided for by law and as described in the
attached policy: Butte Count Famil Care and Medical Leave.
5. Administrative Leave
Department•heads accrue paid administrative leave at the rate of 10 days per year (3.0769
hours per biweekly pay period) to a maximum of 44 days.
6. Bereavement Leave
Whenever a department head believes it necessary to be absent from duty because of the
death of a member of the individual's "immediate family" as defined in the Personnel
Rules, the department head may be absent for five working days with pay for each
occasion. Any time used in this manner shall not be charged to sick leave or vacation,
but shall be documented and recorded as bereavement leave. In the case of the deaths of
individuals other than those defined as immediate family who were living in the
department head's household as family members, approval for the use of bereavement
leave shall be on a case-by-case basis at the sole discretion of the Chief Administrative
Officer.
7. Retirement Plan
a) Department heads are eligible to participate in the County retirement program as
contracted through the California Public Employees' Retirement System
("Ca1PER5"}. The retirement program is integrated with Social Security and the
retirement beneft is based on the highest single year of salary and on the 2% @ 55
formula (2% @ 50 safety formula for the Chief Probation Officer).
b) Retireniaent Contribution
Non-Safe Classifications:
Effective the frst full pay period following adoption of this resolution, appointed
department heads will pay on a pre-tax basis two percent {2.0%) of salary for the
employee share of his/her CalPERS pension and the County will pay the remaining
five percent {5.0%) of salary.
Effective the first full pay period including January 1, 2012, appointed department
heads will pay on a pre-tax basis four percent {4.0%) of salary for the employee share
of his/her Ca1PERS pension and the County will pay the remaining three percent
(3%} of salary.
Page 3 of 17 (September 2011)
Effective the first full pay period including January 1, 2013, appointed department
heads will pay on a pre-tax basis all seven percent {7%) of salary for the employee
share of hisser Ca1PERS pension.
Safe Classifications:
Effective the first full pay period following adoption of this resolution, the Chief
Probation Officer will pay on a pre-tax basis two percent (2.0%) of salary for the
employee share of his/her Ca1PERS pension and the County will pay the remaining
seven percent (7.0%} of salary.
Effective the first full pay period including January 1, 2012, Chief Probation Officer
will pay on a pre-tax basis five percent {5%) of salary for the employee share of
his/her CalPERS pension and the County will pay the remaining four percent (4%) of
salary.
Effective the pay period including January 1, 2013, Chief Probation Off cer will pay
on a pre-tax basis all nine percent (9%) of salary for the employee share of his/her
Ca1PERS pension.
8. Unemployment Insurance
Unemployment insurance is provided according to State law. The Chief Administrative
Officer is not covered by unemployment insurance.
9. Health Dental Vision and Life Insurance
a. Partici ation.
Department heads are entitled to participate in a County sponsored Health Plan under the
County's CaIPERS contract and including dental, vision, and life insurance elements. All
Department heads assigned to a {112) one-half time or more position and the department
heads' dependents shall be entitled to participate in the county-sponsored group health
plan. Eligible department heads enrolling in the plan within (30} thirty days following
their appointment will be covered subject to the provisions of this resolution and the
contract limitations with the carrier. Department heads enrolling after the (30} thirty-day
enrollment period will be approved only upon evidence of insurability.
b. Premium.
Unless provided otherwise by a department head's contract, department heads shall pay
their share (as established annually by the Chief Administrative Officer) of the total
monthly premium for employee and dependent coverage to be paid through a payroll
deduction, unless otherwise specified in this section. To be eligible for premium sharing,
an employee must have no less than the total of {10) ten days of compensated
employment occurring within the (2) two regular pay pexiods immediately preceding the
pay period from which the premium deduction is made. Department heads with less than
the required compensated days of employment may continue coverage by advancing to
Page 4 of 17 (September 2011)
the Director-Human Resources the total premium amount for the month. Far the purpose
of this section only, a department head on an approved 'industrial disability leave of
absence, who is receiving temporary disability payments from the compensation
insurance fund, shall be considered in full-compensated employment status. A covered
department head granted an approved non-compensated leave of absence may continue
health insurance coverage by advising the Director-Human Resources and advancing to
the Director-Human Resources each month the total monthly premium cost.
Descri tion.
The Butte County Flexible Benefits Plan (hereafter "Cafeteria Flan") is available to all
department heads. There will be two {2) participation levels, identified as Option "A"
and Option "B" as per Section 9. d. below. Once the selection is made, it will remain in
farce until the next open enrollment period. The fee for a third parry administrator will
be paid by the County.
d. Partici ation Levels.
O Lion A -CORE PLAN
The County will pay the f rst $ l O 1.OOlmonth of the premium for the medical coverage
elected through Ca1PERS. If the department head elects medical coverage, then the
department head must participate in a dental plan option and the vision insurance (Core
Plan). The County will pay to department heads' Flexible Benefit Account the following
amounts:
January 2009
Employee only $462.78
Employee plus one $921.30
Family $1,207.41
Department heads that have elected to participate in the "Core Plan" can also elect to
participate in optional benefits. If the department head has any surplus Flexible Benefit
Account credits after making all elections required to participate in the health insurance,
the department head can use that surplus toward the Flexible Benefit Options.
Department heads that wish to participate in the optional benefits in the plan, with the
exception of the cash back option, but do not have any surplus credits, can elect to have
pre-tax payroll deductions in an amount to cover the cost of their elections.
O tion B -FLEXIBLE BENEFIT OPTIONS
Department heads who elect not to participate in Option A will be asked to sign a waiver
and will be required to provide proof of medical insurance. They will have an
opportunity to participate in the Flexible Benefit Options listed in the Flexible Benefit
Options Exhibit.
Effective January 2049, the Employer Flex Credit amount will be Four hundred three and
thirty-four cents ($403.34) per month. Department heads can use this contribution toward
Page 5 of 17 (September 2011)
any of the Flexible Benefit Options listed in the Flexible Benef is Options Exhibit.
Department heads that wish to participate in the Flexible Benefits Option, with the
exception of the cash back option, but do not have sufficient flex credits, can elect to
have pre-tax payroll deductions in an amount to cover the cost of their elections.
e. Administration.
- No benefits will be paid to department head in Option B until proof of insurance is
on file in the Human Resources Department.
- All department heads and the department head's dependents including registered
domestic partner (effective January 1, 2005) pursuant to Family Code Section 297.5
shall be entitled to participate in the County's Flexible Benefits Plan. If department
head assumes apart-time schedule, such department head will receive proportional
benefits. For purposes of benefit plan eligibility, any department head assigned to a
one-half (112} time or mare position, and the department head's dependents, shall be
entitled to participate in the county's Flexible Benefits Plan. Department heads
working less than full-time, shall receive proxated flex benefit contributions
rounding to the nearest one-quarter time; i.e., either fifty percent (50%), for
department heads working thirty-six (36} hours to forty-five (45) hours; seventy-five
percent (75%), for department heads working forty-six (46} to sixty-four {64) hours;
or one hundred percent (100%), for department heads working sixty-five (65) hours
or more.
- Any money deposited in the Flexible Benefits Account of a department head must be
used during the plan year; otherwise, the remaining balance reverts to the County.
f. Retired Em to ee O tions.
Department heads initially appointed prior to Decerber 8, 2009, retiring in good standing
before age 65 from the County of Butte under the provisions of the county's contract with
Ca1PERS may continue to cover themselves and eligible dependents under the health plan
as provided in Personnel Rules section labeled Health Plan {currently section 12.9}. The
county shall pay the full premium for such coverage until the retiree becomes 65 years of
age or is covered by another governmental ar employer-paid health plan. Application for
post-retirement health coverage shall be made to the Director-Human Resources, prior to
the official termination date of county service, in a manner and form prescribed by the
Director.
Department heads who are initially appointed December 8, 2009 or later, with five (5}
years or more of cumulative service with Butte County, retiring in good standing before
age 65 from the County of Butte under the provisions of the county's contract with the
Ca1PERS may continue to cover themselves and eligible dependents under the health
plan. The county shall pay a premium contribution at the rate of the HMO, Delta DPO,
and Vision Service PIan premiums for such coverage until the retiree becomes 65 years
of age or is covered by another governmental or employer-paid health plan. Application
Page 6 of 17 (September 2U11)
for post-retirement health coverage shall be made to the Director-Human Resources, prior
to the official termination date of county service, in a manner and form prescribed by the
Director.
g. Life Insurance.
Life Insurance is provided for department heads in the amount of $25,000. Purchase of
supplemental life insurance is also available at group rates.
14. Deferred lncame Plan
Department heads may participate in an IRS Section 457 Deferred Compensation Plan up
to the maximum allowed by the law.
11. Travel Allowance and Milea a Reimbursement
a. Monthly Mileage Allowance. Department heads shall be provided a monthly mileage
allowance of six-hundred and twenty dollars {$620.00) per month for all within-County
travel. Additionally, all Department heads shall be reimbursed at the current IRS
allowable rate for all work related travel in his or her private vehicle outside of the
County. Department heads who have County assigned emergency vehicles which are
available for their use during non-business hours are not eligible for this allowance.
b. Travel Polic and Meal reimbursement. Department heads shall comply with the Travel
Policy contained in the Personnel Rules and may be reimbursed for meal expenses
incurred while traveling pursuant to Butte County policy, without receipts, up to the
following maximums:
Breakfast $ i 0.00
Lunch $15.00
Dinner $25.00
Daily total $50.04/day
12. Cell Plione Allowance
a. Department heads may opt to be provided aCounty-owned cell phone for business
purposes. Any personal charges incurred while using the County-provided cell phone
must be reimbursed to the County Auditor-Controller on a monthly basis.
OR
b. Department heads may opt to receive a monthly cell phone allowance of seventy dollars
{$70.00) for use of a privately owned cell phone to conduct County business.
(September 201 !)
Page 7 of 17
13,
Reimbursement for Professional Desi nations
a. Department heads who are in one of the following groupings shall be eligible to be
reimbursed for 100% of the professional license and certification fees required as a
prerequisite to their position:
• Attorneys
• Physicians
• Psychiatrists
• Registered Engineers
• Registered Nurses
• Microbiologists
• Certified Public Accountant
b. Dues for all Department heads to a local service club may be reimbursed 100% for said
dues.
14,
15.
16.
Emnloyee Assistance Program
Department heads and eligible family members are entitled to receive up to eight (8)
program visits per family unit per benefit year through the County's Employee
Assistance Program, for such services as the following:
• Marital and family problems
• Alcohol Abuse
• Financial and credit concerns
• Child care
• Pre-retirement planning
• Legal issues and questions
• Relationship issues
• Drug dependency
• Emotional problems and stress
• Elder care
• Federal taxpayer problems
• Inteipexsonal conflicts
Lon Term Disabili Insurance
Department heads are covered by Long Term Disability Insurance, which provides for
disability income protection with a guarantee replacement of 60% of the monthly earning
up to a maximum of five thousand dollars ($5,000) per month, beginning on the 91St day
of disability with benefits payable for illness or accident to age 65. This policy provides
for a ninety (90) day waiting period.
Severance Pay
The Board of Supervisors may unilaterally elect to terminate a department head's
employment without cause and without reason at any time during the period of the
individual's contract, unless otherwise provided for by statute or contract. Upon such
election of the Board, the actual employment termination date shall not be effective for at
least one hundred eighty (i SO) days after the date of written notice (unless a different
Page $ of 17 {September 2U11)
provision exists in an individual contract in which case the contract's provisions take
precedence).
17. Pa Renewal and Evaluation
a. All department heads except the Chief Administrative Officer and the County Counsel
shall receive an annual performance evaluation by the Chief Administrative Officer,
subject to ratification by the Board of Supervisors. The Chief Administrative Officer and
County Counsel shall receive annual performance evaluations directly from the Board of
Supervisors.
b. Six months prior to the renewal ar extension of an appointed department head's contract,
the Board of Supervisors shall meet with the appointed department head to initiate
discussions regarding the new contract.
c. Upon renewal of a department head's contract, any change in salary shall be determined
through negotiations between the department head and the Chief Administrative Officer,
with concurrence of the Soard of Supervisors. Such negotiations will take into
cansideration past performance and other factors which may include a market salary
survey, the economic condition of the County, and the Western Cities Consumer Price
Index (CPI).
d. Upon the renewal of the Chief Administrative Officer's contract, andlor County
Counsel's contract, any change in salary shall be determined through negotiations with
the Board of Supervisors. Such negotiations will take into consideration past
performance and other factors which may include a market salary survey, the economic
condition of the County, and the Western Cities Consumer Price Index (CPI}.
18. Sala
Naa-Safety Classifications
Effective the pay period including January 1, 2012 a two percent {2%) wage
increase will be applied to all non-safety department heads.
Safety Classifications
Effective the pay period including 3anuary 1, 2012 a three percent (3%) wage
increase will be applied to all safety department heads.
Effective the pay period including January 1, 2013 a one percent (1%) wage
increase will be applied to all safety department heads.
Page 9 °f 17 (September 2011)
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 11~' day of October, 2011 by the following votes:
AYES: Supervisors Walll, Kirk, Yamaguchi and Chair Lambert
NOES: Supervisor Connelly
ABSENT: None
NOT VOTING: None
Steve Lambe air -Butte County Board of
Supervisors
ATTEST:
Page 10 of 17 (September 2l}13)
Attachment #1
BUTTE COUNTY
FAMILY CARE AND MEDICAL LEAVE
General Policy
Under provisions of the California Family Rights Act {CFRA), CCR Section $25 and the Federal
Family and Medical Leave Act (FMLA), 29 U.S.C. Section 2601 et seq., Butte County may
grant Family Care and Medical Leave (FCML) to a qualifying employee, provided the employee
has worked far Butte County for a minimum of 12 months, and has worked at least 1,250 hours
in the 12-month period immediately preceding the date the leave begins. Leave may be taken
under this policy for up to 12 workweeks in a 12-month period (leave year) for family care and
medical leave. Requests for leave in excess of 12 workweeks whether in a paid or unpaid status
shall be reviewed on an individual basis relative to the needs of the employee and the needs of
the department. The 12-week allowance provided per year is calculated on a calendar year basis
commencing the first day that qualifying leave is taken. FMLA and CFRA run concurrently,
except in the case of pregnancy disability (discussed further under coordination of PDL, FMLA
.AND CFRA leaves).
Under allowable circumstances, a department head may grant FMLA to a key employee but
refuse reinstatement if it will cause the department substantial and grievous economic injury. In
this situation, however, the department head must notify the employee in writing at the time he
or she requests or commences the leave (whichever is earlier) that he or she qualifies as a key
employee and what the potential consequences are with respect to reinstatement.
Except where the law authorizes a different result, an employee who complies with the
provisions of this policy will be guaranteed reemployment upon expiration of an approved leave.
The employee will be reemployed in the same ar an equivalent position as that which he or she
occupied when the leave commenced. An employee who takes a leave because of his or her own
serious health condition must provide a medical certification prior to returning to work, which
verif es that he or she is able to return to work in the same manner as employees who return from
other types of medical leave. If an employee fails to return for work immediately after the
expiration of the approved leave period, and unless an extension has been requested and granted,
the employee may be considered to have voluntarily separated from the employer's employ.
However, consideration may be given to sufficient documentation, which demonstrates both the
employee's need for the extended leave and an inability by the employee to have properly
notifzed the employer of the need.
Leave granted under this policy for part-time employees shall be calculated on a pro-rata basis in
accordance with their regular work schedule. For those occupying positions with irregular hours,
the average workweek shall be determined by taking an average of the hours worked per week
over the previous three-month period.
Upon receipt of a request by an employee far FCML, the department head shall immediately
forward such notice to the Director Human Resources. The Director-Human Resources shall
have full authority to approve such requests in accordance with the provisions of this policy.
Page 11 of 17 (September 2011}
Definitions
For purposes of this policy, the following definitions shall apply:
1. "California Family Rights Act" (CFRA) means leave may be taken for any of the
following reasons:
a. For the birth of a child for purposes of bonding;
b. For the placement of a child in the employee's family for adoption or foster care;
c. To care far the serious health condition of the employee's child, parent, or spouse;
d. For the employee's awn serious health condition.
2. "Certification" means a written communication from the health care provider verifying
that the employee is unable to work due to hislYler serious health condition or that of
his/her immediate family member.
3. "Child" means a biological, adopted, or foster child, stepchild, or legal ward of the
employee, or a child of a person standing in loco parentis who is either:
a. Under eighteen years of age;
b. 18 years or older who is incapable of self-care because of a mental or physical
disability;
c. An adult child, as approved by the Human Resource Dixector with evidence
provided by the employee that he ar she is the only individual available to provide
the required care. .
4. "Employer" means the County of Butte.
S. "Family and Medical Leave Act" (FMLA) means leave may be taken for any of the
following reasons:
a. To care far the employee's child after birth, or placement for adoption or foster care.
(Leave for this reason must be taken within the 12-month period following the
child's birth or placement with the employee);
b. To care for an immediate family member who has a serious health condition;
c. For a serious health condition of the employee which prevents him or her from
being able to perform the essential functions of his or her position. This includes
pregnancy, childbirth or a related medical condition, which are considered serious
health conditions under FMLA.
6. "Employment in the same or an equivalent position" means employment in a position
that has the same or similar duties and pay, which can be performed at the same ar
similar geographic location as the position held prior to the leave.
7. "Health care provider" means an individual duly licensed as a physician, surgeon, or
osteopathic physician or surgeon who directly treats or supervises the treatment of the
serious health condition, or any other person determined by 29 CFR 825.800 to be
capable of providing health care services under the federal Family and Medical Leave
Act.
Page 12 of 17 {SapEember 2D11)
8. "immediate Family" means spouse; natural, step, or legal child or parent; brother sister;
grandchild; grandparent; mother-in-law and father-in-law, brother-in-law, sister-in-law.
(~• SSKey Employee" means an employee whose salary is in the top 10% of paid employees,
7 either at the work location or within a 75-mile radius of the work location.
10. "Leave Year" means 12 weeks of leave allowed under FMLAICFRA and is calculated
on the calendar year, January-December of each year.
11. "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or
other person who stood in loco parentis to the employee when the employee was a child.
12. "Serious health condition" means an illness, injury, impairment, or physical or mental
condition that involves provisions as set forth in 24 CFR $25.114 including either of the
following:
a. Inpatient care in a hospital, hospice, or residential care facility;
b. Any period of incapacity requiring absence from work for more than three
consecutive calendar days (including a subsequent treatment or incapacity relating
to the same condition) that also involves:
1} Treatment two or more times by a health care provider, by a nurse or
physician's assistant under direct supervision of a health care 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 treatment under the supervision of the health care
provider.
Required Notice a>ad Medical Certification
When the Human Resources Department is notified by the employee's department that an
employee has been absent for more than three consecutive calendar days, the employee shall be
put on provisional FMLA/CFRA pending final determination of eligibility. Certification from
the employee's treating medical care provider must be provided to the Human Resource
Department within 15 days following notification of provisional FMLAICFRA, status, in order to
continue to be covered under this provision.
If the employee's need for leave under this policy is foreseeable, the requesting employee shall
provide his or hex department head with reasonable advance notice at least 30 days advance
notice in writing of the need far leave. If the employee's need fox leave is foreseeable,
reasonable effort should be made to schedule the treatment to avoid disruption to the operations
of the employer. If the employee's need for leave is not foreseeable, the requesting employee
must provide notice as soon as practicable.
An employee's request for leave to care for an immediate family member who has a serious
health condition, shall be supported by a certif cation issued by the health care provider of the
Page 13 of 17 (september 2011)
individual requiring care. Failure to provide such certification shall result in the denial of the
requested leave. Certification shall be considered suff cient if it includes all of the following:
a. The date on which the serious health condition commenced,
b. The probable duration of the condition,
c. An estimate of the amount of time that the health care provider believes the employee needs
to care for the individual requiring the care,
d. A statement that the serious health condition warrants the participation of the employee to
provide care during a period of the treatment or supezvision of the individual requiring care.
If additional leave is required, on or before the expiration date of the time estimated by the health
care provider, the employee shall be required to obtain recertification and shall be required to
provide said recertif cation to the employer.
An employee's request for leave because of the employee's awn serious health condition shall be
supported by a certification issued by his or her health care provider. Failure to provide such
certif cation shall result in the denial of the requested leave. Certification shall be considered
sufficient if it includes all of the following (CFR 825.311):
a. The date an which the serious health condition commenced.
b. The probable duration of the condition.
c. A statement that, due to the serious health condition, the employee is unable to perform the
essential functions of his/her position.
If additional leave is required, on or before the expiration date of the time estimated by the health
care provider, the employee shall be required to obtain recertification regarding the employee's
serious health condition and to provide said recertification to the employer.
As a condition of the employee's return from leave taken because of the employee's own serious
health condition, the employer shall require the employee to obtain a fitness fax duty certification
from his or her health care provider, at the employee's expense, that the employee is able to
resume work (CFR 525.310).
In any case in which the employer has reason to doubt the validity of the medical certification
provided by the employee for the employee's own serious health condition, the employer may
require, at the employer's expense, that the employee obtain the opinion of a second health care
provider designated or approved by the employer concerning any information certified. In any
case in which the second opinion described above differs from the opinion in the original
certification, the employer may require, at the employer's expense, that the employee obtain the
opinion of a third health care provider. The third health care provider must be approved by the
employer and the employee; the decision of the third health caxe provider shall be final and
binding.
)intermittent or Reduced Leave
Leave may be taken intermittently or on a reduced leave schedule to care for an immediate
family member with a serious health condition or because of the employee's own serious health
Fage 1~} of 17 (september 2011)
condition when medically necessary, and will be counted towards the employee's 12 week
FCML leave.
Coordination of leave accruals while on FMLAICFRA
An employee taking leave under the FCML policy shall be required to exhaust all sick leave
prior to being authorized to take unpaid leave. All leave taken in coordination with FCML is
computed toward the total 12-week allowance per year under FCML.
Effect on benefits while on FMLAICFRA
Paid Leave
During any period that the eligible employee takes paid leave under the provisions of this
policy, the employer shall continue to pay the "employer" portion of the medical, dental,
and vision insurance premiums; provided, however, that said employee was eligible for
such county paid benefit prior to taking FCML. An employee shall continue to
participate in and accrue benefits during any portion of the leave in which the employee
remains in a paid status.
Un~naid Leave
During any period that an eligible employee takes unpaid leave under the provisions of
this policy, the employer shall continue to pay the "employer" portion of the medical,
dental, and vision insurance premiums; the employee, however, shall be responsible for
continued payment of the employee portion of medical, dental and vision insurance
premiums, provided that said employee was eligible for such benefits prior to taking
FCML. Coordination of payment of the employee portion of the medical, dental and
vision insurance payments is made through the Butte County Auditors office. The
employee shall retain employee status with the employer, and the unpaid leave shall not
constitute a break in service for purposes of longevity or seniority.
Return to work from FMLAICFRA
The use of authorized FMLA/CFRA shall not result in the loss of any benefit accrued priox to the
start of the FCML, with the exception of any accrued leave used in conjunction with the
approved leave. During approved family care and medical leave, the employee shall retain
employee status with the employer, and the Leave shall not constitute a break in service for
purposes of longevity, seniority under any collective bargaining agreement, or employee benefit
plan.
Zf an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay
periods for a qualifying purpose under FCML, the anniversary date and any associated merit
increase shall be extended by an amount which is equivalent to the total unpaid leave. Any
increases to pay or change in benef is which are not dependent upon seniority accrual during the
leave period will be made effective upon the employee's return to paid status.
Page 1 S of 17 (September 2011)
Coordination of FMLA/CFRAIPDL
FMLA and CFRA
Leave provided under the County's FCML policy shall run concurrently with leave taken
pursuant to the FMLA and the CFRA {including leave taken intermittently), except for any leave
taken under the FMLA for disability on account of pregnancy, childbirth, or related medical
leave exceeding twelve workweeks in a twelve month period.
FMLA CFRA and Worker's Com ensation Leave
Leaves of absence taken due to a work related injury or illness qualify under this policy. The
rules for coordination of benefits for leave of this nature is the same as that for other qualifying
leaves under this policy.
PDL FMLA and CFRA
Leaves related to medical disability due to pregnancy, childbirth or other related medical
conditions are governed by three separate laws.
a. Under the California Fair Employment and Housing Act, if an employee is disabled due to
pregnancy, childbirth or a related medical condition, she is eligible for Pregnancy Disability
Leave (PDL). PDL provides up to four months of time off for a pregnancy related
disability. Medically approved leave may be taken consecutively or intermittently for the
four-month period. PDL provides job protection for the employee but does not pay medical
benefits. An employee may be eligible for PDL even if she doesn't meet the qualifications
for FMLA/CFRA.
b. The Federal Family and Medical Leave Act {FMLA) regulations define pregnancy,
childbirth and related medical conditions to be a "serious health condition." FMLA xuns
concurrently with the four months of PDL for up to 12 weeks if the pregnancy disability
lasts for the full 12 weeks of allotted FMLA leave. During the FMLA the employer's
portion of medical, dental and vision premium payments will continue to be made. The
employee's portion of payments for medical benefits will be paid out of the employee's
paycheck if the employee is in paid status. Tf the employee is in non-paid status, he/she will
have to make arrangements to pay his/her portion of the premiums to the Auditor's office.
When an employee and his/her spouse are both employed by Butte County, a combined total
of 12 workweeks is allowed for family leave for the birth or placement of a child for
adoption or foster care under CFRA/FMLA.
c. The California Family Rights Act (CFRA} eligibility provides for bonding after the birth of
a baby. CFRA does not start until the mother is released from pregnancy disability by her
doctor. If an employee has not used the full 12 weeks of FMLA, it will run concurrently
with CFRA. An employee must qualify fox FMLA when their pregnancy leave first begins
in order to qualify for CFRA. CFRA also provides for continuation of the employer portion
of the health, vision and dental benefits for the 12 week period. If an employee uses her full
12 week entitlement of continuation of health care benef is during the FMLAIPDL leave and
then takes the CFRA after the birth of her child to bond, the County is not required to pay
Page 16 of I7 (September 2Q1 l)
her health beneftts during the CFRA leave. If an employee has exhausted her PDL/FMLA
leave prior to the birth of her baby then CFRA will be started on the date her PDL runs out.
The total amount of time available for coordination of PDL, FMLA and CFRA fox pregnancy
disability leave is four months and 12 weeks.
Medical Certification -Pre nanc Disabili Leave
"Certification" for this purpose means a written communication from the health care provider of
the employee that either the employee is disabled due to pregnancy or that is it medically
advisable for the employee to be transferred to less strenuous or hazardous duties {DFEH reg.
Section 7291.2).
The certif cation indicating disability necessitating a leave should contain:
a. The date on which the employee became disabled due to pregnancy;
b. The probable duration of the period or periods of disability, and
c. An explanatory statement that, due to the disability, the employee is unable to work at all or
is unable to perform any one or more of the essential filnctions of her position without
undue risk to herself, the successful completion of her pregnancy, or to other persons.
If an employee must cease work prior to delivery, a medical certification of disability is required
at that time and after delivery. (A pre-delivery statement of disability does not apply once
delivery has occurred since the medical circumstances have changed.} For employees on FMLA
designated leave, the medical information is required in order to know when pregnancy disability
has ended and the 12-week CRFA Ieave entitlement begins.
Provisions Not Addressed in This Palic
Fox provisions not addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling.
N_o Reprisal
In any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall
not discharge, fine, suspend, expel, discriminate against, or refuse to hire, any individual because
of an individual's sole exercise of the right to family care and medical leave; or for an
individual's giving information or testimony as to his/her own family care and medical leave, or
another person's family care and medical leave.
G:RESOLiIT1ONS1Appointed DH Resolutian09.13.11
Page 17 of 17 (Septem6er2011)