Other Types of Leave
CIVIL LEAVE
A County employee called for jury duty is entitled to leave with pay for such duty. The County employee is entitled to regular compensation plus any compensation earned for jury duty.
County employees participating in legal proceedings within the official scope and capacity of their Union County employment is considered time worked and not charged to any leave balances.
Non-work related legal proceedings for County employees will require the use of accrued holiday, vacation leave or compensatory time off to cover the absence.
LEAVE FOR PARENTAL INVOLVEMENT IN SCHOOLS
Up to four unpaid hours of leave per child may be granted each school year for parental involvement in school. An employee may request to use accrued holiday leave, vacation leave, or compensatory time off for any otherwise unpaid leave for parental involvement in schools.
MILITARY LEAVE
Full-time and benefited part-time employees who are on a pay for work status are eligible for periods of paid military leave under this policy.
- For the purpose of Inactive Duty Training Leave, up to ten work days of paid leave may be granted within the fiscal period of July 1 and June 30.
- For the purpose of Active Duty Leave, up to twenty work days of paid leave may be granted within the fiscal period of July 1 and June 30.
If military commitments relating to inactive duty training or active duty extend beyond the County paid leave granted, employees may request to use the floating holiday, vacation leave or compensatory time off or be placed on leave without pay status.
LEAVE WITHOUT PAY (NON-FMLA)
Leave without pay may be granted to full and benefited part-time employees not to exceed 40 scheduled work hours in a rolling 12-month period.
Prior to requesting leave without pay, the employee must have exhausted all forms of accrued paid leave which would have otherwise covered the requested leave.
Failure to report for duty at the expiration of an approved leave without pay event shall be considered a resignation.
A non-exempt employee who is granted leave without pay is responsible for paying the pro-rated premium cost for all employment benefits otherwise paid for by the County. Example: employee and dependent premiums for medical, prescription, and dental insurance coverage.
Don’t forget:
- Non-FMLA Leave Without Pay must be approved by your supervisor.
- If you choose to take leave with-out pay you will be responsible for paying a pro-rated portion of the Employer-paid insurance premiums usually paid on your behalf.
- You must complete an unpaid leave request form for each instance of unpaid leave.
You are encouraged to view full policy details and the Union County Personnel Resolution on County Connect and at:
unioncountync.gov
Employee Rights Under the Family and Medical Leave Act
The United States Department of Labor Wage and Hour Division
Leave Entitlements
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:
- The birth of a child or placement of a child for adoption or foster care;
- To bond with a child (leave must be taken within one year of the child’s birth or placement);
- To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
- For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
- For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.
An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule. Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
Benefits & Protection
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.
An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:
- Have worked for the employer for at least 12 months;
- Have at least 1,250 hours of service in the 12 months before taking leave;* and
- Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
Requesting Leave
*Special “hours of service” requirements apply to airline flight crew employees.
Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures. Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.
Employer Responsibilities
Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility. Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.
Enforcement
Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.
The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
For additional information or to file a complaint:
1.866.4.USWAGE
(1.866.487.9243) TTY: 1.877.889.5627