To: Board of Supervisors of the County of Sonoma, State of California, The Board of Directors of the Sonoma County Water Agency, The Board of Commissioners of the Community Development Commission, And the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Human Resources
Staff Name and Phone Number: Tony Fortunato, 707-565-3553
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Policy Revision - County of Sonoma Medical Leave Policy
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Recommended Action:
Recommended action
Adopt a Concurrent Resolution approving revisions to the County Medical Leave Policy, effective April 16, 2024.
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Executive Summary:
Revisions have been made to the Medical Leave Policy (Policy) to incorporate changes to Federal and State medical leave laws, regulations, and MOU provisions. The Policy serves as the framework for employees to request medical leave, provides instruction to departments and employees about their responsibilities under the law, and gives guidance about the overall medical leave process.
Discussion:
The purpose of the Medical Leave Policy is to provide County employees, departments, and agencies with information about federal, state, and local laws, regulations, and agreements that govern medical leaves of absence. The policy was originally implemented in December 2010, and this is the first revision since the original implementation.
Since 2010, there have been many changes to the protective laws applying to medical leave, including changes to protections and definitions in the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and California Pregnancy Disability Leave Law (CPDL). New State laws have also been implemented, including the California Kin Care Law, and the California Healthy Workplaces, Healthy Families Act of 2014. Additionally, multiple changes to union Memoranda of Understanding (MOU) have been made with respect to leave provisions referenced in the Medical Leave Policy. This Policy update incorporates all changes as of March 1, 2024. A summary of the updates is provided below.
Summary of Medical Leave Policy Revisions:
• Incorporated references to California Paid Sick Leave Law and California Kin Care Law.
• Separated out amounts and eligibility provisions for state (CFRA/CPDL) and federal (FMLA) laws as differences have expanded significantly.
• Incorporated all changes to FMLA/CFRA/CPDL provisions since 2010, including updates to “family member” definitions, military exigency leave, bonding leave and medical documentation requirements.
• Expanded on descriptions of CPDL leave protections throughout the policy.
• Ensured language was consistent with current union MOU’s.
• Clarified and expanded responsibilities section for Department Heads, Department HR, and HR Department.
• Replaced “Leave of Absence Approval Process” section with “Procedures” section; clarified process in accordance with changes to FMLA/CFRA/CPDL laws.
• Incorporated updated definitions and removed duplicative or non-policy specific definitions.
• Simplified language and removed legalese where possible.
Human Resources met and conferred with the County’s employee labor organizations who requested to meet.
In addition to ensuring the County maintains compliance with Federal and State Law, this policy demonstrates the County’s continued commitment to employee retention efforts by providing medical leave options that are supportive for our workforce, that improve the overall experience of employees at the County, and that further support the County’s efforts to be an employer of choice in the region.
Upon adoption by this Board, Human Resources will update Administrative Policy 4-14 in the County’s Administrative Policy Manual.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
December 7, 2010 (Item # 36) - Adoption of original policy
Fiscal Summary
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FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Narrative Explanation of Fiscal Impacts:
In some cases, Departments may incur costs in the course of compliance with the Policy and are expected to absorb related costs within their operational budgets.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
A. 2024 Revised Medical Leave Policy Draft
B. Concurrent Resolution
Related Items “On File” with the Clerk of the Board:
None