Download PDF Packet - Agenda

family leave condition of an eligible employee who has requested family leave,
may (at the expense of the county) be required by his/her appointing authority.
In cases of conflict between the FIRST and SECOND OPINIONS, the THIRD
OPINION will be final and binding for both, the county and the employee,
provided that the Health Care Provider who renders such opinion is not hired
by the county on a regular basis. Also, not more frequent than once per month,
the appointing authority may require the employee to provide recertification of
the condition requiring family leave.
i. The "EMPLOYMENT and BENEFITS" of an eligible employee shall be
protected in accordance with the provisions of the act while said employee is in
the exercise of his/her rights to FAMILY LEAVE as authorized herein,
provided however, that nothing in this policy shall entitle any employee to any
right, benefit, or position, to which the employee would not normally be
entitled. In general, eligible employees under this provision are entitled to the
following:
1. Upon return from FAMILY LEAVE, employees (with exception to those
HIGHLY COMPENSATED EMPLOYEES identified by the act) must be
restored to their original or equivalent positions with equivalent pay,
benefits, and other employment terms.
2. The use of FAMILY LEAVE cannot result in the loss of any employment
benefit that accrued prior to the start of an employee's leave.
3. The use of unpaid FAMILY LEAVE cannot affect the exempt status of
bona fide executive, administrative and professional employees under the
Fair Labor Standards Act.
j. "EXEMPTION OF HIGHLY COMPENSATED EMPLOYEES" from all
provisions of this paragraph (4.39) as authorized by the act, will be considered
on a case by case basis and approved by the Commissioners Court. In such
cases, the COUNTY PAYROLL SECTION will certify to the Commissioners
Court, that such employee is included among the highest paid ten (10) percent
of all employees employed by the county. Appointing authorities wishing to
exempt such an employee must submit an NCF-1 through the Human
Resources Department to the Commissioners Court not later than five calendar
days after FAMILY LEAVE is requested by the applicable HIGHLY
COMPENSATED EMPLOYEE.
k. "UNLAWFUL ACTS": It shall be unlawful for any appointing authority or
subordinates thereof to do the following:
1. interfere with, restrain, or deny the exercise of any right provided under
this policy and/or Federal Law pertaining hereto; and/or
2. discharge or discriminate against any person for opposing any practice
made unlawful by the "Family Medical and Leave Act" (FMLA) or for
involvement in any proceeding under or relating to FMLA.
l. In the event of "CONFLICT BETWEEN THIS POLICY AND FEDERAL
Nueces County Personnel Policy Manual Page -36-
Approved by Commissioners Court on January _____, 2013