FMLA POLICY (HR2413) 08-21-2019.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT
Current Adoption Date: 08-21-2019
(FMLA) APPROVED LEAVES OF ABSENCE
Current Implementation Date: 08-21-2019
Approved by: Board Agenda Number: C-31-13-018-6-01
BOARD OF SUPERVISORS
Original Adoption Date: 03-2001
I. PURPOSE
To inform employees and supervisors of the guidelines and process to follow when employees
request and take leave covered by the Family and Medical Leave Act (FMLA).
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
III. APPLICATION
This Policy applies to eligible employees of Maricopa County appointed departments as well as the
Flood Control District of Maricopa County and the Maricopa County Library District (Special
Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special
Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018.
This Policy also applies to eligible employees of County elected offices unless the elected official
has implemented a similar policy specific to his or her office.
IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or executive head of a
Department/Special District, or the designated representative authorized to act in this capacity.
B. Certification: The certification an employee provides for a Serious Health Condition signed by
a Health Care Provider. The certification is typically completed on a U.S. Department of Labor
Certification of Healthcare Provider form.
C. Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis (in the place of a Parent), who is under 18 years of age, or 18 years of
age or older and incapable of self-care because of a mental or physical disability. For the
purposes of military-related FMLA leave, an employee’s child on Covered Active Duty may be
of any age.
D. Continuous Leave: Leave taken for an FMLA-qualifying reason in a single, continuous block
of time (e.g., 3 weeks off for surgery and recovery).
E. Department HR: The employee’s assigned internal human resources office. If there is no
departmental human resources office, then it refers to the department’s assigned HR liaison.
F. FMLA Coordinator: The employee at County Human Resources assigned to handle the
administration of FMLA for employees in an appointed department.

Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
G. Health Care Provider: A doctor of medicine or osteopathy who is authorized to practice
medicine or surgery by the State in which the doctor practices or any other person determined
by the U.S. Department of Labor to be capable of providing health care services under the
FMLA.
H. HR/FMLA Liaison: The employee in an Elected Office assigned to handle the administration
of FMLA for employees of that Office.
I. Intermittent Leave: Qualified leave taken for an FMLA-qualifying reason as separate blocks of
time of no less than 15 minutes (e.g., 2 hours every Wednesday for physical therapy) or working
a reduced schedule.
J. Parent: A biological, adoptive, step or foster father or mother, or any other individual who stood
in loco parentis to the employee when the employee was a Child. This term does not include
Parents “in law.”
K. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that
involves inpatient care or continuing Treatment by a Health Care Provider as defined by the
U.S. Department of Labor.
L. Spouse: A husband or wife as defined or recognized under Arizona law.
M. Treatment: Examinations to determine if a Serious Health Condition exists and evaluations of
the condition. Treatment requires an in-person visit to a Health Care Provider. Treatment does
not include routine physical examinations, eye examinations, or dental examinations.
V. FMLA ELIGIBILITY AND USAGE
A. The FMLA allows eligible employees job-protected, unpaid leave for a variety of healthcare and
military reasons. Unless a critical need or other exigent circumstance occurs, Appointing
Authorities are required to hold an employee’s position open until FMLA leave is exhausted.
Employees may not be subjected to discrimination, harassment, or retaliation as a result of
exercising their rights under the FMLA.
B. Employee Eligibility: Consistent with the FMLA, employees who have been employed by the
County for at least 12 months, and have actually worked (i.e., in active work status) at least
1,250 hours during the past 12 months are eligible for FMLA leave. Previous employment with
the County going back seven (7) years shall count toward meeting the 12 month employment
requirement.
C. The following events may qualify an eligible employee for traditional, non-military FMLA leave:
1. The birth of a Child and to care for the newborn Child within one (1) year of birth.
2. Placement with the employee of a Child for adoption or foster care and to care for the newly
placed Child within one (1) year of placement.
3. The care of the employee’s Spouse, Child, or Parent with a Serious Health Condition.
4. The employee's own Serious Health Condition that makes the employee unable to perform
the essential functions of the job.
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
D. Amount of Leave: Eligible employees have up to 12 weeks of FMLA leave per consecutive 12
month period calculated as a “rolling” 12 month period measured forward from the date of any
FMLA leave usage. An eligible employee’s normal workweek hours are used to calculate their
up to 12 weeks of FMLA leave (e.g., an employee working a 40 hour workweek is eligible for
480 hours of FMLA leave; an employee working a 30 hour workweek is eligible for 360 hours of
FMLA leave).
E. Paid Leave, If Available: Eligible employees must use accrued sick leave and vacation time
(in that order) concurrently with FMLA leave. When an employee exhausts all of his or her
accrued sick leave and vacation time, any remaining absence will be unpaid.
1. All paid and unpaid FMLA-qualifying absences count toward an employee’s 12 weeks of
FMLA leave and must be entered into the County’s timekeeping system as an FMLA-
qualified absence.
2. Any time off requested beyond an employee’s FMLA leave will be subject (as applicable) to
policies HR2415 Employee Leave and HR2429 ADA/ADAAA Reasonable Accommodation
for Applicants and Employees.
F. Birth or Placement and Care of a Child for Adoption or Foster Care: Leave to care for a
newborn or newly placed Child will typically be granted for continuous blocks of time. At the
employee’s request, the Appointing Authority may approve Intermittent Leave for the birth or
adoption of a Child based on business needs. When both parents are County employees and
are using FMLA leave for the birth or placement of a Child, each employee may take up to 12
weeks of FMLA leave. When the parents work in the same department, they shall obtain
Appointing Authority approval for scheduling FMLA leave either consecutively or concurrently.
VI. EMPLOYEE NOTIFICATION
A. Foreseeable Leave: When the need for leave under the FMLA is foreseeable, employees are
required to give their supervisor and FMLA Coordinator or HR/FMLA Liaison at least 30 days
advance notice. When the 30 day notice is not possible, employees are required to request
leave the same or next business day after they learn of the need for FMLA leave. Failure to
provide such notice without reason may delay the approval of the absence as FMLA-qualifying
and employees may be subject to disciplinary action for not following the provisions of this
policy. Employees must make reasonable efforts to schedule FMLA leave so that it does not
unduly disrupt the operations of their department. Prior to taking FMLA leave, employees shall
complete a leave request for the period they are expecting to be out on leave and indicate that
the time requested is for FMLA.
B. Unforeseeable Leave: When the need for leave is unforeseeable, employees are required to
give notice to their supervisor and, if practicable, to their FMLA Coordinator or HR/FMLA Liaison
the same or next business day after they learn FMLA leave is needed. Unless there are
extenuating circumstances employees must also comply with County and departmental policies
and procedures (including attendance or call-out procedures) to notify their supervisor of their
absence. When it is not possible for employees to complete a leave request before their
absence, supervisors are responsible for updating the County’s timekeeping system during the
absence. The employee’s leave request and timecard entry will indicate that the time off is for
an FMLA-qualifying absence.
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
C. Supervisors shall not request that employees provide medical information or Certifications
directly to them. Medical information should be provided by employees directly to their FMLA
Coordinator or HR/FMLA Liaison. Supervisors should not contact employees while they are
absent from work on approved FMLA leave. Contacts regarding an employee’s work status and
benefits should be made by the FMLA Coordinator, HR/FMLA Liaison or Employee Benefits.
VII. PROCEDURES
A. New FMLA-Qualifying Event
1. Employees requesting leave for a new FMLA-qualifying event shall contact their FMLA
Coordinator or HR/FMLA Liaison (as applicable) to discuss their FMLA need, the anticipated
dates of leave, and the type of leave requested. Employees shall notify their supervisor of
their request for an FMLA absence but specific medical information should not be shared
with supervisors.
2. Supervisors shall notify their FMLA Coordinator or HR/FMLA Liaison in writing by the end
of the next business day in the following circumstances:
a. When they become aware of a potential FMLA qualifying event for employees who have
not requested FMLA leave. Notifications shall include the nature of the qualifying event,
the employee’s first day absent (or first expected absence), and any information the
supervisor knows about the potential FMLA need.
b. When an employee who has not previously requested FMLA leave is absent from work
for three (3) consecutive work days and the reason for the absence is unknown or is for
a medical reason (e.g., illness, medical appointments, overnight hospitalizations, etc.).
The notification shall include any information the supervisor knows about the employees’
absence.
3. Within five (5) business days of an employee’s request for FMLA leave or notification of a
possible need for FMLA leave, the FMLA Coordinator or HR/FMLA Liaison will send the
employee a Notice of Eligibility and Rights & Responsibilities form. The appropriate Health
Care Provider certification form and the U.S. Department of Labor Employee Rights Under
the FMLA poster will be included in these communications. When employees are requesting
FMLA time off for their own Serious Health Condition, a copy of their job
description/essential job functions should also be provided to assist Health Care Providers
in completing the certification form.
a. FMLA Coordinators will courtesy copy Department HR and the employee’s supervisor
when sending the Notice of Eligibility to the employee. Medical information will not be
sent to Department HR or supervisors.
b. When the employee provides documentation from a Health Care Provider prior to being
sent the Notice of Eligibility, FMLA Coordinators or HR/FMLA Liaisons will review the
documentation to determine whether sufficient information has been included to approve
the FMLA requests.
4. An employee has 15 calendar days to return the Certification and provide any additional
documentation to support the request for FMLA leave. When an employee’s documentation
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
is insufficient or incomplete, the FMLA Coordinator or HR/FMLA Liaison shall notify the
employee and request additional paperwork be provided within seven (7) calendar days.
a. Employees with multiple FMLA-qualifying reasons are required to provide either
separate Certifications for each reason or a single Certification that clearly describes
each condition and the associated restrictions.
b. FMLA Coordinators or HR/FMLA Liaisons may contact Health Care Providers to clarify
the employee’s restrictions on a Certification or verify a Certification’s authenticity.
Supervisors, Department HR, and Appointing Authorities shall not contact Health Care
Providers for FMLA-related reasons.
c. FMLA Coordinators or HR/FMLA Liaisons should communicate with employees to
resolve any delays in returning requested documentation or to approve extensions of
time.
d. When FMLA Coordinators or HR/FMLA Liaisons have concerns about the validity of
documentation from a Health Care Provider, a second opinion may be requested by the
County at the County’s cost. When the first and second opinions differ, a third opinion
may be requested at the County’s cost and must be approved by both the County and
the employee. The opinion of the third Health Care Provider is considered final.
e. If employees do not provide proper documentation to support the need for FMLA leave,
the FMLA request may be denied. Any absences that were previously identified as FMLA
shall be corrected in the County’s timekeeping system and employees may be subject
to discipline for unauthorized absences, up to and including dismissal.
5. Within five (5) business days of receiving an employee’s documentation, the FMLA
Coordinator or HR/FMLA Liaison will ensure the Certification is complete and will send a
Designation Notice to the employee approving or denying the request. The FMLA
Coordinator will courtesy copy Department HR and the supervisor with the employee’s
Designation Notice that includes the expected frequency and duration of absence(s).
a. Medical information will not be shared with employees’ supervisors. Certifications may
be shared with Department HR when an employee’s own Serious Health Condition
involves potential accommodations under the Americans with Disabilities Act (ADA).
b. FMLA Coordinators or HR/FMLA Liaisons shall verify that Designation Notices state that
a release to return to work from a Health Care Provider will be required for employees
who have taken Continuous Leave for their own Serious Health Condition.
c. For employees with multiple FMLA-qualifying reasons, the FMLA Coordinator or
HR/FMLA Liaison shall either provide separate Designation Notices for each reason or
clearly list each reason and the restrictions separately on the Designation Notice.
6. Employees’ medical information and Certifications shall be kept confidential by FMLA
Coordinators or HR/FMLA Liaisons. FMLA documentation must be maintained separately
from personnel files and is not subject to public records requests. Limited medical
information may be shared by FMLA Coordinators or HR/FMLA Liaisons with management
only to the extent necessary to determine employees’ fitness-for-duty or to assess a
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
department’s ability to provide reasonable accommodations under HR2429 ADA/ADAAA
Reasonable Accommodation for Applicants and Employees.
B. Intermittent Leave
1. Employees approved for Intermittent Leave must comply with all County and departmental
policies and procedures regarding absence from work and use of leave, including the
provisions for Foreseeable and Unforeseeable Leave. Employees must inform their
supervisor of their expected absences and that the requested leave is for approved FMLA-
qualifying reasons. For planned medical Treatment, employees must attempt to schedule
Treatments at times that minimize disruption to their departments. Employees’ scheduled
use of foreseeable Intermittent Leave is subject to supervisory approval.
2. Employees approved for Intermittent Leave are not typically required to provide return-to-
work documentation following each absence. FMLA Coordinators and HR/FMLA Liaisons
may request that employees’ using Intermittent Leave provide a periodic release (e.g., every
30 days) when the employee’s FMLA-qualifying reason(s) may involve significant risk of
harm to the employee or others. When this situation applies, Designation Notices must state
the employees’ requirement to submit a periodic return to work release and the frequency
the release is required.
3. When an employee’s foreseeable Intermittent Leave substantially impairs County
operations, the employee may be temporarily transferred to an available alternate position
that he or she is qualified for and can perform within the expected leave. Alternate positions
must have equivalent pay and benefits, but do not need to have equivalent duties. Any
request to transfer employees due to foreseeable Intermittent Leave shall be reviewed by
the County Human Resources Employee Relations Division or legal counsel prior to
approval.
C. Return to Work from Continuous Leave
1. Employees shall notify their FMLA Coordinator or HR/FMLA Liaison no later than three (3)
business days prior to their anticipated return-to-work date from Continuous Leave. When
employees are unable to provide three (3) business days notice for their return to work, they
are required to give the notice the same or next business day after they learn of their
expected return to work date. Should the expected return to work date change, the
employee must notify the FMLA Coordinator or HR/FMLA Liaison as soon as possible.
2. Employees who take Continuous Leave for their own Serious Health Condition must provide
medical documentation to the FMLA Coordinator or HR/FMLA Liaison to verify they have
been released by their Health Care Provider to return to work. FMLA Coordinators or
HR/FMLA Liaisons will approve employees’ return to work and notify Department HR and
supervisors of the expected return dates. Employees are not allowed to work without prior
approval from FMLA Coordinators or HR/FMLA Liaisons when returning from a Continuous
Leave for their own Serious Health Condition.
3. Restricted Work Status: When employees are unable to return to full duty without
restrictions on their schedule or work functions, their release documentation must include a
clear description of the restrictions. FMLA Coordinators or HR/FMLA Liaisons shall contact
Department HR and supervisors immediately to determine whether employees may return
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
to work in their current position with restrictions, and if not, whether other positions or
assignments are available. FMLA Coordinators or HR/FMLA Liaisons will then notify the
employees whether they may return to work with restrictions. When there is no available
work within the department for the employee to perform with the restrictions, the employee
may continue on FMLA leave until one of the following options occurs: 1) their FMLA
entitlement is exhausted, 2) they are able to return to full duty without restrictions, or 3) work
becomes available the employee can perform with the work restrictions.
4. Supervisors shall notify their FMLA Coordinator or HR/FMLA Liaison when employees
actually return to work. If an employee has not been previously approved to return to work,
the supervisor shall direct the employee to contact the FMLA Coordinator or HR/FMLA
Liaison and shall not allow the employee to work. If an employee does not return to work on
the expected return date, the supervisor shall immediately notify the FMLA Coordinator or
HR/FMLA Liaison.
D. Recertification: FMLA Coordinators or HR/FMLA Liaisons shall require an employee to
recertify the need for FMLA leave when:
1. The circumstances described in the employee’s current Certification change significantly
(e.g., duration of the illness, nature of the illness, increase in the number of anticipated
absences).
2. Information is received that challenges the validity of the stated reasons for FMLA leave.
3. For Intermittent Leave Only: More than 12 months have elapsed since the original
Certification was signed by the Health Care Provider and the employee makes another
request for leave for the same qualifying reason.
VIII. MILITARY-RELATED LEAVE UNDER THE FMLA
A. Additional Definitions for Military-Related FMLA Leave
1. Covered Active Duty: For members of a regular component of the Armed Forces this
means duty during deployment of the member with the Armed Forces to a foreign country.
For members of the reserve components of the Armed Forces (National Guard and
Reserves) this means duty during deployment of the member with the Armed Forces to a
foreign country under a Federal call or order to active duty in a contingency operation.
2. Covered Service Member: A member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical Treatment, recuperation, or
therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness. Also includes veterans who are undergoing medical
Treatment, recuperation, or therapy for a serious injury or illness, if they were a member of
the Armed Forces at any time during the period of 5 years preceding the date on which they
undergo the medical Treatment, recuperation, or therapy.
3. Next of Kin: The nearest blood relative of the Covered Service Member, in this order unless
otherwise designated by the employee: blood relatives with legal custody, siblings,
grandparents, aunts and uncles, and first cousins.
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
4. Qualifying Exigency: A non-medical activity that is directly related to the Covered Service
Member’s Covered Active Duty or call to Covered Active Duty status. For an activity to
qualify as an exigency, it must fall within one of the categories below or be mutually agreed
to by the employer and employee.
a. Short-notice deployment (leave permitted up to seven (7) days if the military member
receives seven (7) or less days’ notice of a call to Covered Active Duty)
b. Military events and related activities
c. Certain temporary childcare arrangements and school activities
d. Financial and legal arrangements
e. Counseling due to the active duty call or call to active duty
f. Rest and recuperation (leave permitted up to 15 days for each instance of rest and
recuperation)
g. Post-deployment military activities
5. Serious Injury or Illness: Injuries or illnesses incurred by members in the line of duty while
on active duty in the Armed Forces that may render them medically unfit to perform the
duties of their office, grade, rank, or rating. Also includes any injuries or illnesses that existed
before the beginning of the members’ active duty and was aggravated by service in line of
duty on active duty in the Armed Forces that may render them medically unfit to perform the
duties of their office, grade, rank, or rating.
B. Types and Amount of Leave: The FMLA provides protected, unpaid military-related leave for:
1. Qualifying Exigency Leave: Any Qualifying Exigency arising from the foreign deployment
of an employee’s Spouse, Child, or Parent with the Armed Forces. Eligible employees are
entitled to take up to 12 weeks of unpaid leave for any Qualifying Exigency per consecutive
12 month period calculated as a “rolling” 12 month period measured forward from the date
of any FMLA leave usage. The employee will be required to provide written documentation
to confirm the Covered Service Members’ Covered Active Duty or call to Covered Active
Duty status.
2. Military Caregiver Leave: The care of a Covered Service Member with a serious injury or
illness if the employee is the Covered Service Member’s Spouse, Child, Parent, or Next of
Kin. Eligible employees are entitled to take up to a total of 26 weeks of unpaid leave in a
single consecutive 12 month period measured forward from the date of their first FMLA leave
usage. Military Caregiver Leave must occur within 5 years of the service member requiring
care.
IX. CONTINUATION OF HEALTHCARE BENEFITS AND COORDINATION OF OTHER CARE
PLANS
A. County Sponsored Benefits: While employees are on FMLA leave, their enrollment in
healthcare benefits will continue during the period of approved leave in the same manner as
prior to the approved leave. This includes medical, dental, and vision benefits and coverage for
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
Basic Life and Accidental Death & Dismemberment. For employees in a paid leave status,
premiums will continue to be automatically deducted from their paycheck. Employees in an
unpaid leave status will be required to make payment of their share of premiums for any benefits
coverage that they have elected. Employees must choose at the start of FMLA approved leave
whether they wish to: 1) pay their premiums directly to Employee Benefits in advance of the
leave, 2) make payment directly to Employee Benefits on the same bi-weekly payment schedule
as if they were in a paid leave status, or 3) whether they wish to have the County advance
premiums, which will then be collected in arrears from the employees’ future paychecks upon
their return to work by doubling the premium charges until the full debt is repaid. If employees
do not notify Employee Benefits of the option that they are choosing, Employee Benefits will
select option 3 and collect the charges in arrears upon the employees’ return to work.
B. Continuation of other Voluntary Benefits Coverage: Employees are responsible for paying
benefit premiums during any period of approved FMLA leave. For employees in a paid leave
status, premiums will continue to be automatically deducted from their paycheck. Employees in
an unpaid leave status will be required to pay their share of their benefit premiums. Employees
may choose at the start of the FMLA approved leave whether they wish to: 1) pay their premiums
directly to Employee Benefits in advance of the leave, or 2) make payment directly to Employee
Benefits on the same bi-weekly payment schedule as if they were in a paid leave status.
Employees who do not make timely payments of premiums for voluntary benefits coverage may
have their coverage terminated.
C. Workers’ Compensation and FMLA: When an employee qualifies for FMLA leave due to a
Serious Health Condition covered by workers’ compensation, they must use accrued sick leave
and vacation time (in that order) for the applicable waiting period before workers’ compensation
benefits begin. Work-injury related absences and employees’ FMLA-qualifying leave run
concurrently. Employees may supplement their pay by using leave accruals while receiving
workers’ compensation benefits. Employees who do not supplement their pay will have their
accrued leave balances frozen after the applicable waiting period and will be considered in an
unpaid leave status for purposes of benefits coverage after the applicable waiting period (or
sooner if they do not have sufficient paid leave for the waiting period). Employees who
supplement their pay will be considered in a paid leave status for purposes of benefits coverage
provided that their supplemental pay is sufficient to allow for deductions of all benefits premiums.
D. Short-Term Disability and FMLA: When employees are approved for short-term disability,
they must use accrued sick leave and vacation time (in that order) during the applicable waiting
period before short-term disability benefits begin. When employees do not have sufficient sick
leave and vacation to cover the applicable waiting period, they will be placed on leave without
pay for the remainder of the waiting period until short-term disability benefit begins. Once
employees begin receiving short-term disability benefits, they may not use any leave accruals
and will be considered in an unpaid leave status for purposes of benefits coverage. Absence
from work while receiving short-term disability benefits and employees’ FMLA-qualifying leave
run concurrently.
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Policy Title: Policy Number: HR2413
FAMILY AND MEDICAL LEAVE ACT (FMLA)
APPROVED LEAVES OF ABSENCE Current Adoption Date: 08-21-2019
Revision History
Revision
Version Date Description of Revision
1 03-2001 Initial version
2 04-24-2013 Changed the way the amount of leave is calculated and added language for
military-related leave under the FMLA (C-31-13-018-6-00)
3 08-21-2019 Updated definitions, format, and language for consistency with the centralization
of FMLA for appointed departments (C-31-13-018-6-01)
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