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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: January 30, 2009  Amends - GO 4.1.6 (December 22, 2008 ) Number: 4.1.6 Distribution: All Personnel Review Month: August Reviewing Authority: HRD / Employee Services Subject: Famil y Medical Leave Act (FMLA ) This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to allow employees to care for themselves or family members consistent with the Family Medical Le ave Act (FMLA) . 2. Policy It is the policy of the Sheriff to apply the U. S. Department of Labor regulations used to interpret and apply benefits under FMLA. All FMLA benefits accorded by the agency will be consistent with federal law except that the She riff reserves the right to grant additional benefits. 3. Definitions A. Chronic Serious Health Condition - a serious health condition which includes: 1. Periodic visits for treatment. 2. Incapacitation which continues over an extended period of time. 3. Episodic periods rather than a continuing period of incapacitation. B. Equivalent Position - one identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, prerequisites and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority. C. Family Medical Leave Act (FMLA) - Federal legislation that provides guidelines mandating employers to grant leave for employees meeting specific criteria. D. FMLA twelve -month period - fiscal calendar year (October 1 - September 30). E. Health Care Provider - a doctor of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists and chiropr actors, nurse practitioners, nurse - midwives, social workers and Christian Science practitioners who are authorized to practice under State law. 4.1.6 , Page 2 of 5 F. Intermittent Leave - leave in separate blocks of time used due to a single qualifying reason. G. Reduced Leave - a schedule that reduces an employee’s usual work hours per week or day. H. Serious Health Condition - an illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient care in hospital, hospice, or residential care facility, includi ng any period of incapacitation, or any subsequent treatment in connection with such inpatient care; 2. Continuing treatment by a health care provider for a serious health condition involving continuing treatment that includes one or more of the following : a. A period of incapacitation requiring an absence of more than three (3) consecutive days from work or other regular activities, and any subsequent treatment or period of incapacitation relating to the same condition, that also includes: 1. Treatment tw o (2) or more times by a health care provider under orders of, or on referral by a health care provider. 2. A single visit to a health care provider which results in a regimen of continuing treatment under the provider ’s supervision. b. Any period of inca pacitation due to pregnancy or prenatal care. c. A period of incapacitation greater than three (3) days which is permanent or long term due to a condition for which treatment may not be effective (i.e., Alzheimer's, severe stroke, or terminal stages of disease). d. Any period of absence for multiple treatments by a health care provider (i.e., chemotherapy, rad iation, physical therapy or dialysis). 4. Procedures A. Personnel who have been employed for at least twelve (12) months and who have worked at least 1,250 hours during the preceding twelve (12) months are entitled to twelve (12) workweeks of leave without wages or salary during each twelve (12) month period following eligibility. A twelve (12) month period will be computed using the fiscal calendar ( October 1 - September 30). Sick and vacation leave hours used by the employee will not be counted towards the 1,250 hour requirement. This leave is only applicable for one or more of the following reasons: 1. The birth, adoption, or foster care placement of the employee's son or daughter and the attendant care of the child during the first twelve (12) months after the birth, adoption or foster care placement. 2. The employee's care for himself/herself, spouse, parent, minor child or a child who is at lea st 18 years of age and is incapable of self -care because of a physical or mental disability and has a serious health condition. The employee is required to provide certification of the serious health condition from the treating health care provider. 4.1.6 , Page 3 of 5 3. If both husband and wife are employed by the agency, they are limited to a combined total of twelve (12) weeks leave during the twelve (12) month period if the l eave is taken for the birth, adoption or foster care placement of a child of the employee; attend ant care of the child during the first twelve (12) months after the birth, adoption or foster care placement; or care for employee’s parent with a serious health condition. 4. If an employee requests paid leave during FMLA l eave , only vacation and compens atory leave can be used unless the situation falls under the criteria for sick leave usage