b. Personnel policy (FMLA)-amended

SUBJECT: FAMILY MEDICAL LEAVE ACT 6.02 EFFECTIVE DATE: April 3, 2000 PAGE 3 OF 6 Under FMLA, leave: a pregnancy-related leave may include different kinds of 1. "Sick leave" may be part of a pregnancy-related leave, which lasts for the period of time (generally six weeks) during which a woman is physically unable to work due to pregnancy, childbirth, recovery and related medical conditions; and 2. The "family leave" part of FMLA is the time taken off to be home with a new baby, not because of a physical disability. The portion of the FMLA may include annual leave or leave of absence without pay. The type of leave to be used should be outlined in the FML plan but may be modified based on the actual situation and needs of the employee. Under some circumstances, employees may take FML intermittently - which means taking leave in blocks of time or by reducing their normal weekly or daily work schedule. FML may be taken intermittently whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill or unable to work. FML for birth or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval. Under limited circumstances where restoration of employment will cause substantial and grievous economic injury to its operations, the county may refuse to reinstate certain highly-paid "key" employees. If FML is used by a "key" employee and the county decides it cannot restore the employee with the initial FML plan, the county will inform the employee in writing of the decision and reasons behind it and will offer the employee a reasonable opportunity to return to work. Maintenance of Benefits During FML, the county shall maintain group health insurance coverage at the same rate which the employee was receiving at the time of FML leave request. Employees will need to continue to pay the same share of health insurance premiums while on leave and these premiums will be due on the 30th day of the month preceding the month of coverage. If an employee fails to return to work from FML, the county may recover premiums paid to maintain health coverage for an employee, unless the reason the employee fails to return is the presence of a serious health condition which prevents the employee from performing his or her job or is due to circumstances beyond the employee's control. An employee has a 30-day grace period for late premium payments. After that date, if an employee fails to pay premiums, the employer can terminate health coverage. However, once an employee returns to work, his/her health benefits must be restored to at least the same level and terms as when the leave began and the employee can't be required to meet any qualification requirements such as a waiting period.