La County Dpss Employee Manual

SECTION 10: INTERMITTENTLEAVE, REDUCED WORK SCHEDULE

AND ASSIGNMENTTO AN ALTERNATIVE POSITION

County of Los Angeles CHIEF EXECUTIVE OFFICE Kenneth Hahn Hall of Administration 500 West Temple Street, Room 713, Los Angeles, California 90012. Collaborated with DPSS to examine options readily available to improve employee productivity, while enhancing the efficiency, delivery and quality of services to the public. DPSS management.

Intermittent Leaveand Reduced Work Schedule

Under most circumstances,FMLA and CFRA leave may be taken intermittently or on a reduced work schedule.Intermittent leave is leave taken in separate increments. A reduced workschedule is a leave schedule that reduces an employee's usual number ofworking hours per workweek or hours per workday. A reduced work scheduleis a change in the employee's schedule for a period of time, normallyfrom full time to part-time.

TheCounty may proportionally reduce benefits (such as vacation accrual, sickleave accrual, etc.) when an employee chooses a reduced work schedule.Refer to theInterpretive Manual, Chapter 1, Section III, and (D) AutomatedLeave Accrual in CWTAPPS and Chapter VII, Section IV Designating WorkSchedules. 6

Intermittentleave and a reduced work schedules can be used for the following:

  • For the serioushealth condition of the employee, a qualifying family member,7or under CFRA only domestic partner ora domestic partner's child8.

  • Planned and/orunanticipated medical treatment when medically necessary for recoveryfrom treatment of a serious health condition of the employee or afamily member.

  • To providecare and/or psychological comfort to a qualifying family member witha serious health condition; under CFRA this also includes a domesticpartner or a domestic partner's child.

  • A serious healthcondition which requires periodic treatment rather than one long periodof treatment such as doctor appointments, physical therapy, chemotherapy,etc.

  • For prenatalcare and periods of disability due to pregnancy, under FMLA but notCFRA.9

  • For absenceswhere the employee or family member is incapacitated or unable toperform the essential functions of the position because of a chronicserious health condition (seeSeriousHealth Condition, pg. 10), evenif the employee does not receive treatment by a health care provider.

  • With some limitations,baby bonding time. Any leave taken shall be concluded within one yearof the birth or placement of the child with the employee. Intermittentleave in less than two week increments or a reduced work schedulecan only be taken with Departmental approval.

6TheInterpretive Manual can be retrieved fromhttp://dhrdcap.co.la.ca.us/IM/
7Family member means a spouse, parent, childand/or next of kin (under NDAA only).

8Domesticpartnership applies under CFRA but not FMLA.

9CFRAdoes not cover prenatal care. In California such care is covered underPregnancy Disability Leave.

Intermittent Leaveand Employee Responsibility

An employee must providethe County at least 30 days advance notice before FMLA and/or CFRA leaveis to begin if the need for leave is foreseeable. If 30 days notice isnot possible, such as due to lack of knowledge of approximately when leavewill be required to begin, notice must be given as soon as possible minusextenuating circumstances.

If the leave is foreseeable,employees must make a reasonable effort to schedule their intermittentleave to not disrupt the work of the department. Likewise, managementmust make a reasonable effort to meet the employee's needs. This can meanchanging the employee to a reduced work schedule, an alternative workschedule (if available) or another arrangement agreeable to both managementand the employee, in accordance with the medical certification.

When planning medicaltreatment, the employee must consult with management and make a reasonableeffort to schedule the leave to not disrupt the department's operation,in accordance with the medical certification. Employees are ordinarilyexpected to consult with their departments prior to the scheduling oftreatment in order to work out a treatment schedule which best suits theneeds of both the department and the employee.

DepartmentalHuman Resources Offices can request that
the employee provide the Department with the health care
provider's hours of operation, appointment times for
treatment and applicable locations.

The ultimate resolutionof the leave schedule remains subject to the approval of the health careprovider and the schedule established for the planned medical treatment.If an employee who provides notice of the need to take FMLA and/or CFRAleave on an intermittent basis for planned medical treatment neglectsto consult with management to make a reasonable attempt to arrange theschedule of treatment to not disrupt the department's operation, managementmay initiate discussion with the employee and require the employee toattempt to make such arrangements.

Intermittent Careof a Newborn or Placement of a Child

Eligible employeesare entitled to take CFRA leave for baby bonding for a one year periodstarting from the birth date of the baby. In cases of adoption or fostercare placement, the one-year period starts on the date the baby was placedwith the parent(s).

UnderCFRA provisions, baby bonding leave is allowed in increments of two weeksor longer. However, ontwo occasionsonly, parents may request baby bondingleave for less than two weeks.

EXAMPLE

  • On05/01/14 Macy requests two days off to bond with her child. (Thisis considered the first occasion in which leave is being granted forless than two weeks.)

  • On 08/01/14 Macy requests four days off to bondwith her child. (This is considered the second occasion in which leaveis being granted for less than two weeks block.)

  • On 09/01/14 Macy requests eight days off tobond with her child. Since Macy has already completed taking leavein less than two-week increments on two separate occasions, allowingsuch leave will be at the discretion of management. In this same situation,if the employee had requested 10 days of leave (2 weeks), managementwould have been obligated to grant the leave.

  • If the Departmentopts to waive the CFRA two-week minimum duration for bonding witha newborn child and allows a parent to take intermittent leave inless than two-week increments, then the Department must also affordthe same allowance to all other similarly situated employees requestingtime to bond with a newborn child.

    The two week minimum duration for intermittentleave is only applicable for time off for bonding with a newborn child.For example, leave related to the mother's illness (even if it isa result of her pregnancy) or leave taken to care for a child thathas a serious health condition are not subject to the baby bondingintermittent leave limitations.

Only Time Taken OffCounts

An employee may takeintermittent leave during all or any portion of the 12-month period aslong as the total amount of leave does not exceed the 12 or 26 workweeks(under NDAA only) in one 12-month period. Only the actual time taken canbe charged against the employee's entitlement. In other words, if theemployee was not scheduled to work (e.g., holiday, weekend, etc.), thetime cannot be counted as FMLA and/or CFRA time in accordance with departmentalattendance policies.

EXAMPLE

Anemployee assigned to a 5-day, 40-hour workweek remains on that schedule,but takes off one day a week to take a family member for medical treatment.
Each week, eight (8) hours are deducted from the 12 workweeks of FMLA andCFRA.

EXAMPLE

Anemployee is assigned to work five days a week, 6 hours per day (30 hoursper week). The employee asks to take off one day per week to attend therapy
sessions. Each week, six (6) hours are deducted from the 360 hours (12workweeks) of FMLA and CFRA leave allotment.

A holiday occurringwhen a full week is taken as FMLA leave will be deducted from the employee'sFMLA leave. The entire week is counted as a week of FMLA leave. However,if for any reason, the office or department is closed (e.g. work furlough,earthquake, etc.) the days of the closure cannot be applied against the12 or 26 workweek entitlement.

If an employee needsless than a full week of FMLA leave and a holiday falls within the partialweek of leave, the hours that employee does not work on the holiday cannotbe counted against the employee's FMLA leave entitlement if the employeewould not otherwise have been required to report to work on that day.

EXAMPLE

Susan is on certified FMLA leave from July 1through July 30th.The 4thofJuly wouldbecounted against her FMLA entitlement because she was scheduled be offon FMLA the entire week.

EXAMPLE

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Susan is scheduled to be off on intermittentFMLA leave every Tuesday in November and December to receive treatment.She takes off the Tuesday before Thanksgiving. Thanksgiving and the dayafter both holidays. Because she is only off part of the work week, Thanksgivingand the day afterwould not
be counted against her FMLA entitlementbecause she would otherwise be at work.

Incremental Usageof FMLA/CFRA

Althoughthere is no limit on the size of the increment an employee may take (i.e.the number of minutes or hours), managementcannotrequire that more leave be taken than is needed.However, when intermittent leave taken is for less than a one-hour period,management may limit leave increments to the shortest period of time thatthe department's payroll system uses to account for leave or absences.

Assignment to an AlternativePosition

Management may temporarilyassign an employee who needs intermittent leave or a reduced work scheduleto an available alternative position for which the employee is qualifiedand which better accommodates the recurrent periods of leave. However,management may not transfer an employee to an alternative position inorder to discourage the employee from taking leave or otherwise createa hardship for the employee. For example, assigning an employee to anotherwork site could be considered a hardship, if it substantially increasesthe employee's commute to and from work.

Assignment to an alternativeposition must comply with Civil Service Rules, existing MOUs and stateand federal laws. Management should consult with their Departmental HumanResources Office in these circumstances.

Management may alsotransfer the employee to a part-time position as long as the employeereceives the same hourly equivalent in terms of pay and benefits. Managementmay not transfer an employee to a part-time position if doing so wouldresult in the employee taking more leave than needed. For example, ifan employee required four hours of FMLA and/or CFRA leave each day, theemployee could be transferred to a part-time position. However, if theemployee only requires two hours per day, the employee could not be transferredto a 4-hour per day part-time position as the job he or she left whenthe leave commenced.

When FMLA and/or CFRAleave is no longer needed, the employee must be returned to the same positionor an equivalent full-time position.

Alternative PositionPay and Benefits

An alternative positionoffered to an employee to accommodate intermittent leave or a reducedleave schedule must provide the employee with the same pay and benefitsand be in compliance with other state or federal laws, County ordinance,and/or labor agreements. However, the employee's duties need not be thesame while on a foreseeable intermittent or reduced leave schedule.

For Los Angeles County,same pay and benefits include the class item, maximum salary range andsalary provisions under “Notes” as reflected in the County's ScheduleA, as well as the item sub of the class encumbered by the employee. Itis imperative that there is no change to the employee's “Item Sub” whenan alternative position is used with intermittent FMLA leave. For example,if an “A item” (full-time permanent) switches to a “N” item (grant funded),the employee will lose permanent employment status; while a switch toan “U item” (half-time) the employee will lose the cafeteria plan contributionand benefits (e.g., Choices, Options, etc).

The reduction in payassociated with the reduced work hours can be achieved by coding the unworkedhours as unpaid FMLA leave. However, the employee is free to use accruedtime to cover the unworked hours.

EXAMPLE

Matthewis a full time permanent employee who is a participant in the Choicescafeteria plan. His salary, in his regular position, is the equivalentof $17.50 per hour. The employee requires FMLA and CFRA leave for fourhours each day for the next six months. Management elects to assign theemployee to an alternative half-time position which pays $12.00 per hourfor the entire 6-month period. He must keep his “A” Item and continueto receive $17.50 per hour and his Choices contributions during the 6-monthperiod he is working in the alternative position. The unworked four hoursare coded as unpaid FMLA and/or CFRA leave or the employee may cover thedaily four hours with accrued time.

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Benefits that areDirectly Proportional to Hours Worked

Benefits which aredirectly proportional to hours worked such as vacation, sick leave, andnon-elective leave may be proportionally reduced. However, vacation, sickleave, and annual leave benefits cannot be eliminated for a full-timeemployee who is taking FMLA leave on a reduced work schedule even thoughthe County Code may limit such benefits to employees who work a certainnumber of hours.

EXAMPLE

Shawnaccrues vacation at the rate of .060 for each hour worked. When he worksa 40-hour week, the employee accrues 2.4 hours of vacation. When he is
working a 20-hour week, due to the need for intermittent FMLA leave, heaccrues 1.2 hours of vacation.

Reduced Work Schedulefor FLSA-Exempt Employees

In a normal situation,an FLSA exempt employee is compensated with a set salary, regardless ofthe number of hours worked per week. However, under FMLA, an exempt employeeon intermittent leave or a reduced work schedule can be docked for hoursnot worked if the time off is for a FMLA qualifying reason and is designatedas FMLA leave by management. The docking cannot take place prior to thefirst day of the FMLA intermittent leave or reduced work schedule. Reductionin wages based on hours not worked will not affect the employee's exemptstatus if the time is taken for an FMLA qualifying reason. The guidelinemust be universally applied to all similarly situated employees.

NOTE:Time taken for a reason other than an FMLAqualifying reasonmay notbe deducted from the exempt employee's salary.

EXAMPLE

Audrey,who is an exempt employee, leaves three hours early every Wednesday forsix months to receive medical treatment. In this situation, the threehours will be deducted and/or charged against her accrued time. If Audreytakes a three hour leave for a non-FMLA and/or CFRA reason (e.g. routinedental visit, etc.),
wages and/or accrued time may not be deducted from the employee.


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