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Nicole Lopez: Disability Management Administrator

Nicole Lopez:
Disability Management Administrator
Tel. (530) 886-2619
Fax. (530) 886-2609

 

The Disability Management Administrator administers and coordinates a countywide leave management and return to work program that complies with all local, state, and federal leave management programs.  This includes oversight for the County’s compliance of ADA/FEHA, ensuring appropriate accommodations are made for employees who meet the disability criteria according to ADA/FEHA statutes, and monitoring various types of leaves for employees to ensure that return to work or alternative assignments are addressed at the most appropriate time.

 

ADA/FEHA

 

   

What is ADA/FEHA?

The Americans with Disabilities Act (ADA) and the California Fair Employment Housing Act (FEHA) laws prohibit discrimination against qualified individuals with disabilities who can perform the essential functions of a job, with or without reasonable accommodation.

                                   

What is the purpose of reasonable accommodation?

 

The purpose of reasonable accommodation is to provide an equal employment opportunity for individuals with disabilities.

 

How is Placer Countyan equal opportunity employer?

 

Placer County is an equal opportunity employer and is committed to an active nondiscrimination program. It is stated in the policy of Placer Countythat harassment is prohibited and that all employees and applicants shall receive equal consideration and treatment. All recruitment, hiring placement, transfer and promotion will be based on the qualifications of the individual for the positions being filled regardless of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave.

 

For more information on the American Disabilities Act (ADA): http://www.usdoj.gov/crt/ada/adahom1.htm

 

For more information on the Fair Employment Housing Act (FEHA): http://www.fehc.ca.gov/pub/act.asp

 

 

State Disability Insurance / Paid Family Leave

 

State Disability Insurance (SDI)

 

California State Disability Insurance (SDI) is insurance that covers employees for non-work related illness and/or injuries.  PPEO represented employees are covered by SDI and pay the cost of this benefit.

 

 

When do I qualify for State Disability Insurance (SDI)?

 

State Disability Insurance (SDI) - PPEO represented employees:

·        You must be disabled for seven calendar days before you are eligible for SDI benefits. You should apply for SDI benefits as soon as you know you will be out longer than seven calendar days.

 

·        Your sick leave can be coordinated with your SDI benefits so that when combined you receive your regular take home pay.

 

·        You must immediately notify your department supervisor/payroll staff and submit a completed SDI Integration form in order to coordinate your SDI benefits and sick leave benefits.

 

·        Until you notify and submit the SDI Integration form to your department, your sick leave and vacation hours will be used to calculate your pay.

 

·        If you decide to apply for SDI and integrate sick leave with SDI benefits at a later date, you may not be allowed to receive retroactive benefits from Placer County.

 

·        At the time you exhaust your sick leave, with your department head's approval, you may use vacation, floating holiday, or CTO accruals.

 

·        SDI coverage is limited to one year and is administered by the State of California Employment Development Department. Contact the Personnel Department at (530) 889-4060 to determine if you may be eligible for other benefit options.

 

·        If you have a Workers’ Compensation claim that is pending determination, it is to your benefit to file for SDI.

 

 

DSA Represented Employees:

·        SDI is not available for DSA represented employees.

 

·        FMLA does not run concurrently with 4850 benefits.

 

 

Management and Confidential Employees:

·        SDI is not available for Management and Confidential Employees. Depending on the length of your medical leave you may be eligible for the County sponsored Salary Protection Program. At the time you exhaust your sick leave, with your department head's approval, you may use vacation, floating holiday, CTO and/or Management accruals.

 

FMLA / CFRA / PDL leaves normally run concurrently with a Workers’ Compensation leave.

 

Paid Family Leave (PFL)

 

Effective July 1, 2004, eligible PPEO represented employees may take Paid Family Leave to provide care for ill parents, children, or a spouse and to bond with a newborn child, newly adopted child or newly placed foster care child. PFL provides up to six (6) weeks of paid benefits in a 12-month period and is administered by the State of California Employment Development Department. Only employees who are covered by SDI are eligible for this program.

 

PPEO represented employees:

·        You must be off work for seven calendar days before you are eligible for PFL benefits. You should apply for PFL benefits as soon as you know you will be out longer than seven calendar days.

 

·        You may coordinate your leave balances with your PFL benefits so that when combined you receive your regular compensation.

 

o       Sick leave may be used with PFL if you are caring for an ill family member (as defined above).

 

o       Vacation leave may be used with PFL to bond with your newborn child, newly adopted child, or newly placed foster care child.

 

·        You must immediately notify your department supervisor / payroll staff and submit the SDI/PFL Integration form in order to coordinate your PFL benefits.

 

·        Until you notify and submit proof to your department of your application for PFL, your sick leave and vacation hours will be used to calculate your pay.

 

·        If you decide to integrate your leave accruals with PFL benefits at a later date, you may not be allowed to receive retroactive benefits from PlacerCounty.

 

·        You may request the use of other leave time e.g., floating holiday and CTO with your department head's approval.

 

 

Management, Confidential, and DSA represented Employees:

·        PFL is not available. Depending on the nature of your leave you will need to use your sick leave, vacation, CTO, and/or and Management Leave accruals with department head approval.

 

How do I request benefits?

 

The application forms are available from the Employment Development Department at www.edd.ca.gov/fleclaimdi.htm.  Additional information can also be obtained through the Personnel Department by calling (530) 889-4060.

Family Medical Leave Act / CaliforniaFamily Rights Act

 

Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are federal and state laws that typically run concurrently.  These laws require Placer County, as an employer, to provide up to 12 weeks of unpaid leave to eligible employees for certain family and medical reasons.

 

What types of leave of absence qualify for FMLA / CFRA?

 

Leave is granted for the following reasons:

·        Your own serious health condition that makes you unable to perform your job. A "serious health condition" under FMLA/CFRA includes an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment; or

 

·        To care for your newborn child, newly adopted child or newly placed foster care child; or

 

·        To care for your spouse, son or daughter, or parent, who has a serious health condition.

 

 

Who is eligible for FMLA / CFRA?

 

You are eligible for FMLA/CFRA if you have been employed with Placer Countyfor a minimum of 12 months and have worked at least 1250 hours in the preceding 12 months (including extra help hours).

 

 

How should I notify PlacerCountythat I would like to take a leave of absence?

 

Submit to your supervisor as soon as possible:

 

·        An original health care provider's note indicating the need for a leave of absence and the expected date of return from the leave of absence; and

 

·        An original Employee Request for Leave form.

 

 

Why do I want to request an FMLA / CFRA leave?

 

FMLA/CFRA allows for job and benefit protection for up to 12 weeks in a designated 12-month period.

 

Will the County notify me if I am eligible for FMLA / CFRA?

 

Once the Personnel Department receives notification of your leave from your department, your eligibility for FMLA/CFRA will be verified. We will also send you a request for a Medical Certification of a Serious Health Condition form. Your health care provider or your family member's health care provider, depending on the situation, must complete this document. The completed Medical Certification of a Serious Health Condition form must be returned to the Placer County Personnel Department by the date specified in the letter.

 

 

What happens if I do not qualify or if I run out of FMLA / CFRA time?

 

In accordance with Placer County Code Chapter 3.04.390 and 3.04.530 and with department head approval, you may request a medical leave or a personal leave depending upon the individual circumstances.

 

 

When does an FMLA / CFRA leave begin?

 

Providing you, or an eligible family member have a serious health condition and meet the eligibility criteria as outlined above, the FMLA/CFRA leave begins on the fourth day absent from work due to this condition. FMLA/CFRA run concurrently in most cases.

 

 

What is the maximum FMLA / CFRA time?

 

The maximum leave is:

·        Fulltime: Up to 12 work weeks during a designated 12-month period; or

 

·        Part-time: The equivalent of 12 regularly scheduled work weeks.

 

CFRA allows for parents (both mother and father) to bond with a newborn child, newly adopted child or newly placed foster care child for up to 12 weeks. However, this leave must be concluded within one year of the child's birth or placement in your home if adopted or if a foster child. If both parents work for Placer Countythis leave is limited to a total of twelve weeks shared between both employees.

 

 

How is FMLA / CFRA time calculated?

 

Placer County uses the 'rolling forward date' method to determine FMLA/CFRA eligibility and calculate the 12­ week period. The first day of an eligible FMLA/CFRA leave is designated as your rolling date. This date becomes your permanent rolling date with Placer Countyand is used to determine eligibility and to calculate the 12-week period for future leaves. Provided you meet the eligibility requirements, youare entitled to a new FMLA/CFRA period every twelve months from your designated rolling date.

 

 

Can I use my sick leave, vacation and CTO accruals while on FMLA / CFRA?

 

·        You may use your sick leave while on a FMLA/CFRA due to your own or an eligible family member's serious health condition. At the time you exhaust your sick leave, with your department head's approval, you may use vacation, floating holiday, CTO and/or Management Leave accruals.

 

·        You will need to use vacation time on a FMLA/CFRA to bond with your healthy newborn, adopted, or foster care child. At the time you exhaust your vacation leave, with your department head's approval, you may use your floating holiday, CTO and/or Management Leave accruals.

 

What happens to my insurance benefits while on a medical leave?

 

·        Paid Status (using sick/vacation/CTO/Management Leave accruals)

o       Benefit premiums continue to be paid through the payroll process and all your benefits remain intact.

 

·        Unpaid Status (off payroll)

o       While you are on FMLA, Placer Countywill pay the employer share of health, dental and vision premiums for up to 12 weeks. You will be responsible for your normal employee share. The Personnel Department will notify you of premiums due.

 

·        Non-FMLA Leave

o       If you are on a non-FMLA leave of absence, you may be responsible for both the employee and employer premiums. Please contact the Personnel Department at (530) 889-4060 for premium costs.

 

If you fail to return to return to work after the FMLA leave, Placer Countywill recover its share of health plan premiums paid during a period of unpaid FMLA leave.

 

FMLA / CFRA / PDL leaves normally run concurrently with a Workers’ Compensation leave.

 

For additional information pertaining to FMLA go to www.dol.gov/esa/whd/fmla/ 

 

 

Medical Leave

 

How should I notify PlacerCountythat I would like to take a medical leave of absence?

 

Submit to your supervisor as soon as possible:

 

·        An original health care provider's note indicating the need for a leave of absence and the expected date of return from the leave of absence; and

 

·        An original Employee Request for Leave form.

 

 

What if I need to extend my medical leave?

 

You should submit to your supervisor as soon as possible:

 

·        A new health care provider's note indicating the need for continued leave of absence and the expected date of return; and

 

·        An employee Request for Leave form.

 

 

What happens to my insurance benefits while on a medical leave?

 

·        Paid Status (using sick/vacation/CTO/Management Leave accruals)

o       Benefit premiums continue to be paid through the payroll process and all your benefits remain intact.

 

·        Unpaid Status (off payroll)

o       While you are on FMLA, Placer Countywill pay the employer share of health, dental and vision premiums for up to 12 weeks. You will be responsible for your normal employee share. The Personnel Department will notify you of premiums due.

 

·        Non-FMLA Leave

o       If you are on a non-FMLA leave of absence, you may be responsible for both the employee and employer premiums. Please contact the Personnel Department at (530) 889-4060 for premium costs.

 

If you fail to return to return to work after the FMLA leave, Placer Countywill recover its share of health plan premiums paid during a period of unpaid FMLA leave.

Return to Work

 

When you are ready to return to work from a medical leave of absence, you will need to provide your supervisor with a note from your health care provider releasing you to return to work.  You should notify your immediate supervisor, preferably five days prior to your expected return to work date in order to effectively re-arrange and schedule work assignments.

 

 

What if I am temporarily released to return to work part-time and/or have work restrictions?

 

A temporary transitional assignment may be available depending on the nature of your job, departmental requirements, and the identified restrictions. You should contact your supervisor as soon as you are aware that your doctor indicated limitations, so the County can assess the possibility for temporary accommodation.

 

 

Reasonable Accommodation

 

The purpose of reasonable accommodation is to provide equal employment for individuals with disabilities.  If you have a mental or physical disability that affects your ability to perform the essential duties of your job, Placer Countymay be able to provide you with a reasonable accommodation to assist you in performing the essential functions of your job.  In order to further evaluate what assistance might be appropriate and reasonable, the employer is entitled to require documentation about the existence of the disability and the functional limitations from an appropriate health care professional.  For more information contact the Disability Management Administrator at (530) 886-2619.

 

For additional information, please refer to PlacerCounty’s Reasonable Accommodation Policy.

 

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