RE Family Medical Leave Act (FMLA) by cmz65105


									                              MARTIN COUNTY
                              BOARD OF COUNTY COMMISSIONERS

                              UTILITIES & SOLID WASTE                                     John E. Polley
                              DEPARTMENT                                                  Director
                                                                                          Phone (772) 221-1442
    DOUG SMITH                PO Box 9000 Stuart, FL 34995-9000
 Commissioner, District 1
                                                                                          Fax (772) 221-1447

 Commissioner, District 2

 Commissioner, District 3     November 13, 2009

 Commissioner, District 4
                              Bruce Plummer
   EDWARD CIAMPI              2034 SW Brisbane Street
 Commissioner, District 5
                              Port Saint Lucie, Florida 34984

                              RE:    Family Medical Leave Act (FMLA)
                                     Provisional Designation
Acting County Administrator
                              Dear Mr. Plummer:
     County Attorney
                              We have been made aware that you have a situation which may be covered by the
                              Family and Medical Leave Act (FMLA), and we send our best wishes for a successful
                              resolution. The purpose of this letter is to notify you of your rights and responsibilities
                              if you are entitled to leave under the Family Medical Leave Act. Eligible employees
                              have a right under the Family Medical Leave Act to take up to 12 weeks of unpaid
                              leave in a 12 month period for the reasons listed below.

                              On November 12, 2009 we were notified that you may need to take family/medical
                              leave effective November 13, 2009 due to: Choose One

                              ______ (1) the birth of a child, or the placement of a child for adoption or foster care;
                              ______ (2) a serious health condition that you need care for; or
                              __X___ (3) a serious health condition affecting your p spouse, p child, p parent, for
                              which you are needed to provide care; or
                              ______ (4) family notification of an impending call or order to active duty – or the
                              service member is already on active duty – in the armed forces; or
                              ______ (5) the necessity to provide care for a service member who is undergoing
                              medical treatment, recuperation, or therapy, is in out-patient status, or is on the
                              temporary disabled retired list for a serious injury or illness.

                              You notified us that you need this leave beginning on November 13, 2009 and that you
                              expect the leave to continue until on or about January 4, 2009 (2 months).


Except as explained below, you have a right under the FMLA for up to 12 weeks of
unpaid leave in a 12- month period for the reasons listed above. Also, your health
benefits must be maintained during any period of unpaid leave under the same
conditions as if you continued to work, and you must be reinstated to the same or an
equivalent job with the same pay, benefits, and terms and conditions of employment on
your return from leave. If you do not return to work following FMLA leave for a reason
other than: (1) the continuation, recurrence, or onset of a serious health condition which
would entitle you to FMLA leave; or (2) other circumstances beyond your control, you
may be required to reimburse us for our share of health insurance premiums paid on
your behalf during your FMLA leave.

This is to inform you that:

1.   We have determined that you are eligible for leave under the FMLA. In order to
     be eligible for Family & Medical Leave, you must have worked for the Board of
     County Commissioners for at least 12 months and 1,250 hours during the twelve
     month period immediately before the date when the leave would begin.

2.   The leave is temporarily being designated as FMLA leave pending receipt of
     medical certification. If you have not already done so, and you are not on
     Worker's Compensation Leave, you will be required to furnish medical
     certification of a serious health condition by November 30, 2009 or we may not
     allow leave to begin or, if you have already started leave, you may be required to
     return until certification is submitted. Attached is an application for Family and
     Medical Leave and medical certification form for you to complete. Return this
     form to Erica Kijanski, HR Analyst, County Administrative Center – 3rd
     Floor, 2401 SE Monterey Road, Stuart, FL 34996.

3.   The County is required to maintain your health benefits during any period of
     unpaid leave. However, if you wish to continue your health insurance coverage,
     you must pay your portion of the health insurance premium by the first of each
     month. You have a 30-day grace period in which to make premium payments. If
     timely payment is not made, your group health insurance may be cancelled,
     provided we notify you in writing at least 15 days before the date that your health
     coverage will lapse, or at our option, we may pay your share of the premiums
     during FMLA leave, and recover these payments from you upon your return to
     work. You must also continue payment of optional insurance premiums in order to
     continue coverage. If you do not return to work following FMLA leave you may
     be required to reimburse us for health insurance premiums paid on your behalf
     during your FMLA leave.
     Payments for health insurance and any optional insurance premiums should be
     made payable to Martin County BOCC. Checks should be mailed to
                     Robyn Martin
                     c/o Martin County Clerk of Courts
                     2401 SE Monterey Road
                     Stuart, FL 34996

4.    Under our FMLA policy, if you have accrued sick and/or vacation leave, you must
      use the sick and/or vacation leave first before taking the remainder of the twelve
      weeks as unpaid leave.

5.    If the leave is for your serious health condition, you will be required to present a
      medical certification stating that you are fit to return to your duties on or before the
      date you are scheduled to return to work. If such certification is not received on or
      before you are to return work and you do not provide a new medical certification
      for additional time off, you may be terminated.

6.    You will be required to report your status and intent to return to work every thirty
      days while on FMLA leave (see §825.309 of the FMLA regulations). If the
      circumstances of your leave change and you are able to return to work earlier than
      the date indicated above, you should notify us at least two (2) work days prior to
      the date you intend to report to work.

7.    You may be required to furnish, at the County's request, medical recertification
      relating to a serious health condition.

If you need additional information or have any questions, please feel free to call Erica
Kijanski, HR Analyst at 772/288-5941 at 221-2363.


Utilities and Solid Waste Director

cc:    Erica Kijanski, Human Resources
       Personnel File


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