The following days and such other days as the Board of Commissioners may designate are holidays with pay for permanent full-time and *probationary employees and officers of the County working the standard workweek. Permanent part-time and *probationary part-time employees receive holidays on a pro rata basis. Temporary employees are not eligible for paid holidays.
*Revision 6/27/2000

New Year's Day
Martin Luther King Jr. Birthday (Observed)
Easter
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving (2 days: Thanksgiving and the following Friday)
Christmas (2 or 3 workdays)

Section 2. Effect of Work on Holidays and Other Types of Paid Leave

Regular holidays that occur during a vacation, sick or other paid leave period of any officer or employee of the County shall not be charged as vacation, sick, or other paid leave.

Section 3. Holidays - When Work Required

County employees required to work on an observed holiday may be granted compensatory time off at the rate of one (1) hour off for each hour worked on the holiday. Compensatory time for holiday hours worked shall be granted within three (3) months of the time it is earned. If it is not feasible to allow compensatory time off within the three (3) month period, employees may receive monetary compensation in lieu of time off calculated at their standard hourly rate.

Section 4. Annual Leave

A. Annual leave shall be used for rest and relaxation, and may be used for medical appointments.

B. Annual leave may be taken only with the prior approval of the employee’s immediate supervisor.

C. Employees serving a probationary period following initial appointment may accumulate annual leave but shall not be permitted to take annual leave during their probationary period. If a probationary employee is terminated or resigns during their probationary period he/she shall not be paid for any annual leave accrual.

Section 5. Transfer of Annual Leave Time

The County shall not transfer annual leave from another county, municipality, or state government.

Section 6. Annual Leave - Manner of Accumulation

A. Any permanent full-time employee working the basic workweek (37.5 hours) or is on paid leave shall earn annual leave at the following rates:

B. An employee must work one-half or more of the scheduled work days in a payroll period in order to be credited with annual leave.

C. Part-time employees annual leave:

1. A part-time permanent employee who is employed on a continuing basis with a permanent part-time appointment in a budget position shall earn annual leave on a pro rata basis if he/she works one-half or more of the scheduled work days in a payroll period.

2. The leave shall be computed as a percentage of total amount earned by a full-time employee.

D. Maximum Accumulation

1. At any given time, a permanent employee may accumulate no more than two (2) years of annual leave days at their existing rate.

2. Any permanent employee with more than two (2) years of annual leave days at their existing rate shall have the excess accumulation converted to sick leave.

* Any permanent employee with more than two (2) years of annual leave days at their existing rate shall have the excess accumulation converted to sick leave once per year. On February 1st of each year, any balance of annual leave over the two (2) year maximum shall be converted to sick leave.

* Revision 11/06/2001

Section 7. Annual Leave - Manner of Taking Leave

A. Departmental annual leave schedules shall be governed by employee seniority within the department.

B. Annual leave should be scheduled at a time consistent with the operating needs of the department.

C. Employee annual leave schedules must be approved in advance by the employee’s immediate supervisor.

Section 8. Annual Leave - Separation Pay

A. Permanent employees shall receive pay for their accumulated annual leave upon resignation, dismissal, retirement, or layoff unless the employee elects to transfer the leave balances to another accepting jurisdiction. Should an employee die, payment of annual leave credit shall be made to the employee’s estate.

B. Should an employee die, resign, retire, or be laid off with a debt to the County, the County may withhold the amount of the debt from the employee or his/her estate in its final payment to the employee or estate.

Section 9. Options During Leave Without Pay

An employee going on sick leave without pay, military leave without pay, maternity leave without pay, worker’s compensation leave, or other leave without pay, may exhaust annual leave or may retain part or all of accumulated leave until the employee returns from leave without pay, the only exception being; if an employee requests leave for personal reasons for a period not to exceed 10 workdays, annual leave must be used if available; however, if the leave is for a period longer than 10 working days, the employee may choose to use annual leave or retain it for future use.

Section 10. Sick Leave

Sick leave with pay is not a right which an employee may demand, but instead a privilege granted by the Board of County Commissioners for the benefit of an employee when sick. Sick leave shall be used by an employee absent from work for any of the following reasons: sickness, bodily injury, required physical or dental examinations or treatment, pregnancy, childbirth and postpartum care, or exposure to a contagious disease when continuing to work might jeopardize the health of others. Sick leave may also be used for illness or injury of a member of the employee’s immediate family which requires that the employee provide care to the family member. See definition of "Immediate Family" in Section 22 of this article.

*Employees serving a probationary period following initial appointment may accumulate sick leave but shall not be permitted to take sick leave during their probationary period.

*Revision 6/27/2000

Section 11. Notification to Take Sick Leave

The employee’s supervisor shall be promptly notified, certainly no later than thirty (30) minutes and if possible before the beginning of the work day, when an employee proposes to take sick leave. Failure to do so may constitute a basis for denial of sick leave. For Emergency Medical Service personnel, notification to take sick leave must be given at least one and one-half (1½) hours prior to the beginning of the employee’s next assigned work shift.

Section 12. Sick Leave Amount Earned

A. All permanent full-time employees who are working or on paid leave for one-half or more of the regularly scheduled work days in any payroll period shall earn sick leave computed at the following rates:

Days Earned/Year
12 days

B. A permanent part-time employee who is employed on a continuing basis with a permanent part-time appointment in a budgeted position shall earn sick leave on a prorata basis if one-half or more of the scheduled work days in a month are worked. The leave shall be computed as a percentage of the total amount earned by a full-time employee.

Section 13. Sick Leave Accumulation

Sick leave is cumulative indefinitely.

(Abolished July 1, 1998)
Section 14. Sick Leave - Medical or Dental Examination or Treatment

Medical or dental examinations or treatments are to be charged to the nearest thirty (30) minutes. If such examinations or treatment requires less than two hours, no leave may be charged if approved in advance by the Supervisor. If the employee is away from the work site longer than two hours, sick leave shall be charged for the entire time away (limited to employee only, not to family members).

Section 15. Sick Leave Advancement

An employee who does not have sick leave days available may, at the discretion of their supervisor and with the approval of the department head, be allowed to borrow a maximum of ten days if necessary. If the employee leaves County service before earning back such leave, payment shall be deducted from the employee’s final paycheck.

Section 16. Sick Leave Verification

In case of illness of the employee, the departmental director may require medical certification from a physician for illness of three days or more in duration.

Section 17. Sick Leave Transferable

After completion of the probationary period the County of Buncombe may allow a new County employee to transfer all days of previously accumulated sick leave accrued while employed by a State of North Carolina, County, or Municipal jurisdiction. Sick leave is allowed creditable service at the time of retirement to employees who are members of the N.C. Local Governmental Employees’ Retirement System. One month of credit is allowed for each twenty (20) days of unused sick leave when the employee retires and an additional month for any part of twenty (20) days left over. The maximum number of sick days that can be added at retirement is twelve (12) days for each year of membership service and prior service standing to the credit. *Legislation was enacted to remove the cap on the number of sick leave days that can be used for credit at retirement for members of the Local Governmental Employee Retirement System retiring on and after January 1, 2002.

* Revision 8/1/2002

Section 18. Calculation of Annual Leave and Sick Leave

Annual leave and sick leave earned by permanent employees having a workweek with greater or fewer hours than the basic workweek shall be determined in accordance with the following parameters.

A. The number of hours worked by such employees shall be divided by the number of hours in the basic workweek.

B. The proportion obtained in step A., Section 18, shall be multiplied by the number of hours of leave earned annually by employees working the basic workweek.

C. The number of hours in step B., Section 18, divided by twenty-six, shall be the number of hours of leave earned each payroll period by the employee concerned.

Section 19. Annual Leave - Emergency Medical Service Annual Leave Earned

Emergency Medical Service Annual Leave Earned is calculated based on a twelve (12) hour workday being equivalent to one (1) shift.

Section 20. Sick Leave - Emergency Medical Service

Shifts Earned/Year
     12

Section 21. Holiday Leave - Emergency Medical Service

Each holiday is equivalent to 1 shift.

Section 22. Funeral Leave

In case of death of a member of the employee’s immediate family or household, special leave with pay of up to three (3) days shall be permitted. Leave exceeding this may be charged to sick leave or leave without pay. Immediate family is defined as wife, husband, mother, father, son, daughter, sister, brother, grandfather, grandmother, grandson, granddaughter, and also included are in-law and step relationships as appropriate based on the above listing, (excluding in-law grandparents). Leave for death of other relatives may be charged to sick leave or leave without pay.

Section 23. Mandatory Court Appearances

A. Jury Duty. A County employee called for jury duty in State or Federal Court shall receive leave with pay for such duty during the required absence without charge to accumulated annual leave or sick leave. All fees and allowance received by the employee for jury duty must be turned over to the County upon receipt.

B. Witness. A County employee subpoenaed as a witness in a case in State or Federal Court in connection with his/her official duties shall receive regular compensation for said court appearance. All witness fees and travel allowances received by the employee must be submitted to the County upon receipt.

C. A County employee subpoenaed as a witness in State or Federal Court in a case which is unrelated to his/her official duties shall not receive leave with pay during his absence but same shall be charged to accumulated annual leave or leave without pay. Witness fees and travel expenses are to be retained by the employee.

D. While on jury duty or when subpoenaed as a witness in connection with his/her official duties, benefits and leave shall accrue as though the employee were on regular duty.

Section 24. Conference Attendance

An employee may be permitted leave with pay for the purposes of attending professional conferences, workshops, or educational meetings or classes when directly related to the employees’ field of work.

1. Request for such leave shall be submitted in writing to the Supervisor for his/her approval and final approval by the Department Head prior to the leave being taken.

2. The County shall reimburse the employee for approved fees of the conferences, provided the employee submits the proper receipts.

Section 25. Leave Without Pay

A. A permanent or *probationary employee may be granted a leave of absence without pay for compelling personal reasons for up to thirty (30) working days a year by the Departmental Director and Personnel Director. If leave without pay is requested by a Departmental Director it shall be recommended by the Personnel Director and approved by the County Manager.

* Revision 6/27/00

B. If the request for leave is due to extended illness of the employee, or for maternity leave, leave may be granted for up to 120 working days per year. Such extended leave must be recommended by the Departmental Director and the Personnel Director. The leave shall be used for reasons of personal illness or disability, after the desired amount of sick leave and annual leave have been exhausted.

C. During maternity leave an employee may feel it necessary to remain on leave beyond the 120 work day limit due to certain physical exertions involved in the position, such as those which exist in Emergency Medical Service. In such cases, an additional forty (40) work days of leave may be granted at the written request of the employee’s doctor with the approval of the Departmental Director and Personnel Director.

D. The employee shall apply in writing to the Supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the appointing authority. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay.

1. If the employee decided not to return to work, the Supervisor should be notified immediately. The Supervisor shall report this decision to the Departmental Director and Personnel Director.

2. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered resignation.

E. Employees on leave without pay shall not earn leave of any kind.

Section 26. Leave Without Pay - Retention and Continuation of Benefits

An employee shall retain all unused annual and sick leave while on leave without pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the County’s group insurance plans, subject to any regulations adopted by the Board of County Commissioners and the regulations of the respective insurance carriers.

Section 27. Absence From Duty

A. An employee shall promptly, and certainly no later than thirty (30) minutes, notify his Supervisor when planning to be absent from duty for any reason other than sick leave. Failure to do so without good reason shall be cause for disapproval of leave for which the employee might have been eligible, and for disciplinary action.

B. An employee who is absent from duty for three days without notification to the immediate supervisor shall be considered to have resigned, unless failure to notify was demonstrably beyond the employee’s control.

Section 28. Military Leave

Permanent or *probationary employees who are members of the National Guard or Armed Forces Reserve shall be allowed fifteen (15) work days military training leave annually with partial compensation. If the compensation received while on military leave is less than the salary that would have been earned during this same period as a county employee, the employee shall receive partial compensation to equal the difference in the base salary earned as a reservist or a guardsman and the salary that would have been earned during this same period as a County employee. The effect shall be to maintain the employee’s salary at the normal level during this period. If such military duty is required beyond the fifteen (15) work days period, the employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status.

*Revision 6/27/2000

Section 29. Maternity Leave - Employee Responsibility

An employee desiring to take a leave of absence from work for reasons caused by or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, and for the adoption of a child under the age of five (5) years shall apply in writing to his/her supervisor stating the nature of the condition, the anticipated dates and duration of the requested leave and the types of leave requested. The Supervisor shall forward the request to the Departmental Director for approval. The employee is obligated to return to duty by the end of the time determined appropriate. If the employee finds they shall not return to work, they shall notify their Supervisor immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested and approved shall be considered a resignation.

Section 30. Educational Leave With Pay

A leave of absence at full or partial pay during regular working hours may be granted to an employee to take a course or courses which shall better equip the employee to perform assigned duties upon the approval of the Departmental Director. The County shall reimburse the employee for tuition and fees for the course, provided the employee submits a receipt of course expenses and a notice of successful completion (passing grade or better) of the course. An employee on educational leave with full pay shall continue to earn leave credits and any other benefits to which the employee is entitled.

Section 31. Worker’s Compensation and Leave

If an across-the-board increase was granted: Upon reinstatement an employee shall be eligible for any across the board increases granted during the absence. An employee’s salary shall be computed on the basis of the last salary plus an across the board increase to which entitled during the first twelve months on Worker’s Compensation. The increase anniversary date shall not change for the first twelve months. However, if leave exceeding twelve months is necessary, credit toward the next increase anniversary date shall not begin until the employee returns to work.

Section 32. Notification of Leaves of Absence

The Personnel office shall be promptly notified in writing of all leaves of absence, with or without pay.

Section 33. Leave - Adverse Weather Conditions and *Disasters

If employees are unable to report to work, or feel it necessary to leave work due to severely inclement weather, road conditions, and natural or manmade disasters, they may elect to take the day off as a day of vacation, compensatory time, or as a day off without pay. This section shall not be applicable to Emergency Services personnel.
* Revision 11/7/06

Section 34. Voluntary Shared Leave Program

A. Purpose - There are occurrences brought about by prolonged medical conditions that cause employees to exhaust all available leave and therefore be placed on leave without pay. It is recognized that such employees forced to go on leave without pay could be without income at the most critical point in their work life. It is also recognized that fellow employees may wish to voluntarily donate some of their annual leave so as to provide assistance to a fellow County employee. This policy provides an opportunity for employees to assist another affected by a medical condition that requires absence from duty for a prolonged period of time resulting in possible loss of income due to lack of accumulated leave.

B. Policy - In cases of a prolonged medical condition an employee may apply for or be nominated to become a recipient of leave transferred from the annual leave account of another employee or from the sick leave or annual account of an immediate family member in any department. For purposes of this policy, medical condition means medical condition of an employee or a family member (spouse, parents, children - including step relationships, or other dependents living in the employee’s household) of such employee that is likely to require an employee’s absence from duty for a prolonged period, generally considered to be at least twenty (20) consecutive working days. If an employee has had a previous, but different, prolonged medical condition within the last twelve months, an exception to the twenty (20) day period may be made. The intent of this policy is to allow one employee to assist another in case of a prolonged medical condition, that results in exhaustion of all earned leave.

C. General Guidelines

1. Establishment of a leave "bank" for use by unnamed employees is expressly prohibited. Leave must be donated on a one-to-one personal basis.

2. An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce, any employee for the purpose of interfering with any right which such employee may have with respect to donating, receiving or using annual leave under this program. Such action by an employee shall be grounds for disciplinary action up to and including dismissal on the basis or personal conduct. Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. The employee donating leave can not receive remuneration for the leave donated.

D. Eligibility

1. The employee must be in a permanent, probationary, or trainee position. (The limitation and leave balance for permanent part-time employees is pro-rated.) Participation in the program shall be based on the employees past compliance with leave rules.

2. An employee on Worker’s Compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program.

3. Non-qualifying conditions: The policy shall not ordinarily apply to short-term or sporadic conditions or illnesses. This would include such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term recurring medical or therapeutic treatments. These examples are illustrative, not all inclusive. Each case must be examined and decided based on its conformity to policy intent and must be handled consistently and equitably.

E. Application Procedure

1. By letter of application to the departmental director, a recipient shall apply, or be nominated by a fellow employee to participate in the program.

2. A request to your Supervisor should include a description of the medical condition and estimated length of time needed to participate in the program. A doctor’s statement must be attached to the employee’s request.

3. The Departmental Director shall review the merits of the request and approve or disapprove. Departmental Directors may choose to delegate the responsibility for reviewing the validity of requests to an existing peer group or establish a committee for this purpose. Such a Committee may also be used in an advisory capacity to the Departmental Director.

F. Recipient Guidelines

1. A prospective recipient may make application for voluntary share leave at such time as medical evidence is available to support the need for leave beyond the employee’s available accumulated leave.

2. Participation in this program is limited to 975 hours (pro-rated for part-time employees), either continuously or, if for the same condition on a recurring basis. However, management may grant employee continuation in the program, month by month, for a maximum of 1,950 hours, if management would have otherwise granted leave without pay.

3. Subject to the maximum of 975 hours, the number of hours of leave an employee can receive is equal to the projected recovery or treatment period, less the employee’s combined annual and sick leave balance as of the beginning of the recovery or treatment period. The employee must exhaust all available leave before using donated leave.

4. Leave donated to a recipients’ leave account is exempt from the maximum accumulation.

5. At the expiration of the medical condition, as determined by the Departmental Director, any unused leave in the recipients donated leave account shall be treated as follow:

a. The annual and sick leave account balance shall not exceed a combined total of 37.5 hours (pro-rated for part-time employees).

b. Any additional unused donated leave shall be returned to the donor(s) on a pro rata basis and credited to the leave account from which it was donated. Fractions of one hour shall not be returned to an individual donor.

6. If a recipient separates from County government, participation in the program ends. Donated leave shall be returned to donor(s) on a pro rata basis.

G. Donor Guidelines

1. A non-family member donor may contribute only annual leave to another employee.

2. Sick leave may also be transferred to an immediate family member in any department. For transfer of sick leave to an immediate family member, immediate family is defined as wife, husband, mother, father, son, daughter, sister, brother, grandfather, grandmother, grandson, granddaughter, and also included are in-law relationships as appropriate based on the above listing, (in-law grandparents are excluded).

3. The minimum amount to be donated is four (4) hours.

4. An employee family member donating sick leave to a qualified family member under this program may donate up to a maximum of 975 but may not reduce the sick leave account below 37.5 hours.

5. The maximum amount of annual leave allowed to be donated by one individual is to be no more than the amount of the individual’s annual accrual rate. However, the amount donated is not to reduce the donor’s annual leave balance below one-half of the annual leave accrual rate.

a. Employee with 5 but less than 10 years of County service earns 135 hours annually. Employee may contribute four or more hours but may not reduce annual leave balance below 67.5 hours.

b. Employee with more than 20 or more years of County service earns 202.5 hours annually. Employee may contribute four or more hours but may not reduce annual leave balance below 101.25 hours.

H. Leave Accounting Procedures

1. To facilitate the administration of the program, the Departmental Director may establish a specific time period during which leave can be donated.

2. The Personnel Department shall establish a system of leave accountability which shall accurately record leave donations and recipients use. Such accounts shall provide a clear and accurate record for financial and management audit purposes. The Buncombe County Voluntary Shared Leave Program Request to Transfer Shared Leave Form shall be used for this purpose.

3. Withdrawals from recipient’s leave account shall be charged to the recipient’s account according to usual leave policies.

4. Leave transferred under this program shall be available for use on a current basis or may be retroactive for up to 30 calendar days to substitute for leave without pay or advanced annual or sick leave already granted to the leave recipient.

5. Each approved medical condition shall stand alone and donated leave not used for each approved incident shall be returned to the donor(s). Employees who donate "excess" leave (any amount above the maximum allowable may have it returned and converted to sick leave).

Section 35. Family and Medical Leave Act of 1993

The Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the needs of families, to promote stability and economic security of families, to promote national interests in preserving family integrity, to minimize the potential for employment discrimination on the basis of sex, and to promote the goal of equal employment opportunity for women and men.

A. An employee must have worked for Buncombe County a total of at least 12 months and worked at least 1,250 hours over the previous 12 months to be entitled to a total of 12 workweeks, paid or unpaid, job-protected leave during the 12-month period for one or more of the following reasons:

1. The birth of a child and to care for the child after birth, provided the leave is taken within a 12-month period following the birth;

2. The employee to care for a child placed with the employee for adoption or foster care, provided the leave is taken within a 12-month period following adoption or placement for foster care;

3. The employee to care for the employee's child, spouse, or parent, with a serious health condition;

4. The employee who has a serious health condition that makes the employee unable to perform the functions of their position.

5. Spouses employed by Buncombe County are jointly entitled to a combined total of 12 workweeks of family leave for the birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has a serious health condition. FMLA may not be taken on an intermittent basis for birth or placement of a child for adoption or foster care unless the Departmental Director, the Personnel Director and/or the County Manager agrees to the arrangement.

B. Under some circumstances, employees may take FMLA leave intermittently - which means taking leave in blocks of time, ranging from an hour or more to several weeks, by reducing their normal weekly or daily work schedule.

1. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the approval of the Departmental Director, Personnel Director and/or County Manager.

2. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.

3. The Departmental Director may require that the employee take a temporary transfer to an available alternative position. The employee must be qualified for the position, which must have equivalent pay and benefits and be better suited to accommodating recurring periods of leave than the employee's regular position.

C. Leave must be designated, at least conditionally and verbally, within two business days (supervisor signing Buncombe County Leave Form) after learning reasons that qualify the employee for FMLA protection. Written notice must follow no later than the next payroll period (completion of FMLA Request and Response Form by Buncombe County Personnel). If the kind of leave taken would qualify as FMLA leave and Buncombe County does not designate it as FMLA leave, then it can't be counted against an employee's entitlement to take such leave. But even then, the employee's leave will still be protected under the FMLA.

D. Buncombe County is responsible for designating up front, before leave starts, whether any leave to be taken counts towards an employee's FMLA entitlement. Employees seeking to use FMLA leave are required to provide a 30-day advance notice of the need for FMLA leave when the need is foreseeable and such notice is practicable. If the employee doesn't give timely advance notice when the need for FMLA leave is foreseeable, the start of FMLA leave may be delayed until 30 days after the employee provides notice.

E. The employee shall first apply in writing by completion of a Buncombe County Employee Leave Form to his/her supervisor. The original of the Leave Form should then immediately be submitted to Personnel along with the FMLA Request and Response Form for leave requested under this policy as follows:

1. When leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so that it will not unduly disrupt the employer's operation.

2. A medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member may be required. The certification should include the following:

a. The date on which the serious health condition began;

b. The probable duration of the condition;

c. The appropriate medical facts regarding the condition;

d. A statement that the leave is needed to care for the child, spouse, or parent, and an estimate of the amount of time that is needed, or that the employee is unable to perform the functions of the position, whichever applies; and,

e. Where certification is necessary for intermittent leave for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment.

3. Where the supervisor has reason to doubt the validity of the certification, the supervisor may require the employee to get the opinion of a second doctor designated or approved by the supervisor. Where the second opinion differs from the opinion in the original certification provided, the supervisor may require the employee to get the opinion of a third doctor designated or approved jointly by the employer and the employee. The third opinion is final and is binding on the supervisor and the employee. The supervisor may require that the employee get subsequent recertifications on a reasonable basis. The second and third certification and the recertifications must be at the County's expense. The request for recertification may not be made more often than every 30 days unless the employee requests an extension of leave, the circumstances described by the original certificate have changed significantly, or the County has information that casts doubt on the continuing validity of the certification.

4. Periodic reports during FMLA leave regarding the employee's status and intent to return to work may be required.

5. After the period of leave pursuant to this policy, if the employee will not return to work, the supervisor should be notified immediately. Failure to report at the expiration of the leave, unless an extension has been requested, may be considered a resignation.

6. If the employee wants to return to work earlier than planned, reasonable notice (within two business days) needs to be provided by the employee where foreseeable.

7. Once the employee tells the County unequivocally that he or she will not return to work the County's obligations under the FMLA cease.

F. Buncombe County or employees may choose to use accrued paid leave (annual or sick leave) to cover some or all of the FMLA leave. Any period of paid leave shall account for any part of the 12 workweeks.

1. For the birth of a child, the employee is allowed to use available sick leave or annual leave.

2. For the adoption of a child of placement of a foster child, the employee is allowed to use available annual leave.

3. For the serious illness of an employee's child, spouse, or parent, the employee is allowed to use available sick leave or annual leave.

4. For the employee's serious illness, the employee may use available sick leave or annual leave.

G. Buncombe County may not require the employee to substitute compensatory time during a period of FMLA leave. The employee may, however, choose to use compensatory time for an FMLA absence. The period of absence covered by compensatory time may not be counted against the employee's FMLA entitlement.

H. The County is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave. In some instances, the County may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work after FMLA leave has expired. Also, arrangements must be made to pay other benefit premiums such as Dental, Short Term Disability, Life Insurance, etc.

I. Upon return from FMLA leave, an employee must be restored to his or her original job, or to an equivalent job with equivalent pay, worksite, shift, benefits, and other employment terms and conditions. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefits that the employee earned or was entitled to before using FMLA leave nor will it affect the leave accrual or longevity date. The employee is entitled to any unconditional pay increases paid to other workers during the employee's FMLA leave.

1. Employees who can't perform the essential functions of their former jobs because of a medical condition are not entitled to be restored to their former position - or even another open position - but if they come within the ADA's definition of a qualified person with a disability, they will have further rights.

2. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, the County may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. In order to do so, the County must:

a. Notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave;

b. Notify the employee as soon as the County decides to deny job restoration and explain the reasons for this decision;

c. Offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and

d. Make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration.

J. Buncombe County may designate leave as FMLA after the fact if:

1. We have preliminarily designated leave (at the time it begins) as FMLA leave and are awaiting medical certification; or

2. We are unaware that some or all of an absence was taken for an FMLA reason and learned of the event after the employee returns to work, provided we designate the leave within TWO business days after the employee's return.

K. Employees may request that prior absences be designated retroactively as FMLA leave. The employee must notify Buncombe County Personnel within TWO business days of returning to work that the leave was for an FMLA reason. If the employee does not notify Buncombe County Personnel within that time, the employee may not later claim FMLA protection for the absence.

L. It is unlawful to interfere with, restrain, or deny the exercise of any right provided by the FMLA. It is also unlawful to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA.

M. Definitions

1. Parent - a biological or adoptive parent or an individual who stood in loco parentis (a person who is in the position or place of a parent) to an employee when the employee was a child.

2. Child - a son or daughter who is under 18 year of age or is 18 years of age or older and incapable of self-care because of a mental or physical disability who is:

a. A biological child;

b. An adopted child;

c. A foster child - a child for whom the employee performs the duties of a parent as if it were the employee's child;

d. A step-child - a child of the employee's spouse from a former marriage;

e. A legal ward - a minor child placed by the court under the care of a guardian;

f. A child of an employee standing in loco parentis.

3. Spouse - a husband or wife

4. Serious health condition - an illness, injury, impairment, or physical or mental condition that involves either:

a. Any period of incapacity or treatment connected with inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or,

b. Continuing treatment by a health care provider which includes any period of incapacity (i.e. inability to work, attend school or perform other regular daily activities) due to:

(1) A health condition (including treatment therefore, or recovery there from) lasting more than three consecutive days and any subsequent treatment or period of incapacity relating to the same condition that includes:

(a) Treatment two or more times by or under the supervision of a health care provider; or

(b) Treatment by a health care provider one time with a continuing regimen of treatment.

(2) Pregnancy or prenatal care. A visit to the health care provider is not necessary for each absence;

(3) A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g. asthma, diabetes). A visit to the health care provider is not necessary for each absence;

(4) A permanent or long-term condition for which treatment may not be effective (e.g. Alzheimer's, a severe stroke, terminal cancer). Only supervision by a health care provider is required, rather than active treatment; or

(5) Any absence to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated (e.g. chemotherapy or radiation treatments for cancer).

5. Health care provider

a. Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices; or,

b. Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law; or,

c. Nurse practitioners and nurse-midwives and clinical social workers authorized to practice, and performing within the scope of their practice, as defined under state law; or,

d. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

6. Americans with Disabilities Act (ADA)

a. Under ADA, to be protected the employee must be "disabled" and have the ability to perform the essential job functions.

b. The ADA's three definitions of disability are:

(1) having a mental or physical impairment that substantially limits a major life function;

(2) having a record of substantially limiting impairment; or

(3) being regarded as having a substantially limiting impairment.

Section 36. Personal Time Off (PTO) (Effective July 1, 1998)

Personal Time Off, PTO, replaces the former Section 14. Sick Leave-Medical or Dental Examination or Treatment.

Permanent employees may use PTO for rest and relaxation, medical/dental appointments for themselves or immediate family member or any other reason for time off.

PTO may be taken only with the prior approval of the employee’s immediate supervisor. The leave should be scheduled at a time consistent with the operating needs of the department. If PTO is used in place of sick leave, the employee’s supervisor shall be promptly notified, certainly no later than thirty (30) minutes and if possible before the beginning of the work day.

All permanent full-time and probationary employees shall receive 2 days per calendar year for PTO. Any unused PTO at the end of the calendar year shall convert into sick leave.

All permanent part-time and probationary employees shall receive PTO on a pro-rata basis computed as a percentage of the total amount received by a full-time employee.

The County shall not transfer PTO from another county, municipality, or state government.

Upon an employee’s resignation or termination, no payment shall be made for any remaining PTO.