An Elected Official or Department Head may approve requests for leaves of absence as defined hereinafter in accordance with procedures established by the County Commission.

In the event of death of an immediate family member of an Employee or an immediate family member of an Employee’s spouse, said Employee may have a specified amount of time off as described in this policy. This leave is to be used to handle family affairs and attend the funeral.

Immediate family of an Employee or an Employee’s spouse is defined as:

• Spouse
• Children
• Parents
• Grandparents and Great Grandparents
• Grandchildren and Great Grandchildren
• Siblings and Brother-in-law or Sister-in-law
• Son-in-law or Daughter-in-law
• Corresponding Step Relationships
• Other relatives residing in the Employee’s household.

The allotted time of up to five (5) paid eight-hour days (a total of 40 hours) will be granted to a Full Time Employee who works forty (40) hours per week in the event of death of a parent, spouse, a child, or a step-child. ¹⁾

The allotted time of up to three (3) paid eight-hour days (a total of 24 hours) will be granted to a Full Time Employee who works forty (40) hours per week for the immediate family members or the spouse’s family members listed above.

Other Family: When there is a death in the family other than the “immediate family” (as described above), a Full Time Employee who works forty (40) hours per week is eligible to take one (1) paid eight-hour day of bereavement leave. “Other Family” is defined as the Employee’s (or the spouse’s):

• Niece
• Nephew
• Aunt
• Uncle
• Great Aunt
• Great Uncle
• First Cousin

(Employees working at least thirty (30) hours per week receive a pro-rated leave). ²⁾ (this originally said 9/24/2014, but there are no revisions for that day - SM 2025.10.23)

Ten-Hour Days: If you are in an Office or Department that works four ten (10) hour days per week, you may use a total of twenty-four (24) hours for funeral leave for the immediate family members; i.e. if you are gone one (1) day you may use ten (10) hours total; gone two (2) days, twenty (20) hours total, then you would have four (4) hours left for another day and would have to supplement that day with Vacation, Comp Time, or Personal days, or take the remaining hours of the third day unpaid.

Other Requests: If you want to attend a funeral for someone other than a family member or spouse’s family member as defined previously you must use Vacation or Personal Days or Comp Time, and you must obtain approval from your Elected Official, Department Head, or immediate Supervisor.

Additional Time: If you need time extensions beyond days granted, you should direct your request to your Elected Official or Department Head. They will evaluate each request on an individual basis, balancing staffing requirements with consideration for your relationship to the deceased and the location of the funeral.

Mandated Closing of Courthouse or Individual Offices: On occasion the Commission may make the decision to close the entire Courthouse, (for reasons other than inclement weather) or to designate that individual Elected Officials may make the decision to close their specific Office in order for County Employees to attend a funeral such as that of an Employee or former Employees. In the event that the Courthouse or an individual Office closes; affected Employees will receive pay for the amount of hours it would take to drive to the funeral, attend the funeral, and then return to work (should the funeral takes place at a time that would allow the Employee to return to work). ³⁾ (this originally said 9/24/2014, but there are no revisions for that day - SM 2025.10.23)

The purpose of Taney County’s Family and Medical Leave Policy is to provide our Employees with the leave required by Federal Law. The Family and Medical Leave Act (FMLA) provide eligible Employees the opportunity to take unpaid, job-protected leave for certain specified reasons (a Qualifying Event). The maximum combined amount of leave that may be taken in a 12-month period for all reasons combined is 12 weeks, with one exception; for leave to care for a Covered Service Member, which can be extended to up to 26 weeks.

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA).

Employee Eligibility: To be eligible for FMLA leave, the following qualifications must be met. You must:

1. Have worked at least 12 months for the County. The 12 months need not be consecutive.
2. Have worked at least 1,250 hours for the County over the preceding 12 months (the 1250 hours is a special hour of service eligibility requirements that apply only to Airline Flight Crew Members); and
3. If at least 50 Employees are employed by the employer within a 75 mile radius.

Conditions Triggering Leave: FMLA leave may be taken for the following reasons:

1. Birth of a son or daughter, and to care for a healthy newly born child (up to 12 weeks leave)
2. Placement of a healthy child with the Employee for adoption or foster care (up to 12 weeks leave)
3. To care for an immediate family member (Employee’s spouse, son, daughter, or parent with a serious health condition (up to 12 weeks leave)
4. Because of the Employee’s own serious health condition that makes the Employee unable to perform the Employee’s job (up to 12 weeks leave)
5. To care for a Covered Service Member during a 12-month period (up to 26 weeks) A Covered Service Member is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness (up to 26 weeks leave)
6. To handle certain qualifying exigencies, i.e. attending military events, arranging for alternative childcare, addressing certain financial and legal arrangements, (see FMLA Poster for complete listing) arising out of the fact that the Employee’s spouse, son, daughter, or parent is on covered active duty status or call to covered active duty in the armed forces (e.g.,National Guard or Reserves) (up to 12 weeks leave).

Employee Responsibilities Notice and Medical Certification: When seeking FMLA Leave, Employees are required to provide the following.

1. Employees are to provide sufficient information for the County to determine if the requested leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that you are unable to perform job functions; a family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. You must also inform the County if the requested leave is for a reason for which FMLA leave was previously taken or certified.
   
   If the need for leave is foreseeable, this information must be provided 30 days in advance of the anticipated beginning date of the leave. If the need for leave is not foreseeable, this information must be provided as soon as is practicable and in compliance with the County’s normal call-in procedures, absent of unusual circumstances.
   
   Notice must be presented to the Employee’s immediate Supervisor and to Human Resources. When a Supervisor is advised of their Employee’s need for FMLA, that Supervisor is obligated to inform Human Resources before the end of that workday. Failure by the Supervisor to provide appropriate notice to Human Resources could result in disciplinary action up to and including termination.
2. Employees are required to provide appropriate forms and Medical Certification supporting the need for leave due to a serious health condition affecting them or an immediate family member within fifteen (15) calendar days of the Company’s request to provide the certification (additional time may be permitted in some circumstances). If you fail to do so, we may decline and withdraw any Designation of FMLA leave or deny the leave, in which case your leave of absence would be treated in accordance with our standard leave of absence and attendance policies, subjecting you to fall under a non-protected job status. Second or third medical opinions and periodic re-certifications may be required.
3. Periodic reports as deemed appropriate during the leave regarding your status and intent to return to work.
4. A signed HIPAA Release Certificate may be required.
5. Medical certification of fitness for duty before returning to work if the leave was due to your serious health condition. The County will require this certification to address whether you can perform the essential functions of your position.

Failure to comply with the foregoing requirements may result in delay or denial of leave.

Employer Responsibilities: Once Human Resources is advised of a potential FMLA situation for an Employee, Human Resources is required to mail all information and forms to that Employee no later than three (3) days after being notified. To the extent required by law, the County will inform Employees whether they are eligible under the Family Medical Leave Act (FMLA) by mailing a Designation Notice to the Employee. Should an Employee be eligible for FMLA leave, the County will provide them with a notice that specifies any additional information required as well as the Employee’s rights and responsibilities. If Employees are not eligible, the County will provide a reason for the ineligibility. The County will also inform Employees if leave will be designated as FMLA- protected and, to the extent possible, note the amount of leave counted against the Employee’s leave entitlement. If the County determines that the leave is not FMLA protected, the County will notify the Employee.

Job Restoration: Upon returning from FMLA leave, eligible Employees will be restored to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.

Definitions of Serious Health Condition and Health Care Provider

A “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the function of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement includes incapacity of more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:

1. An overnight stay in the hospital;
2. Two visits to a health care provider;
3. One visit to a health care provider and a continuing regimen of care;
4. An incapacity caused by pregnancy or prenatal visits;
5. A chronic condition, or permanent or long-term conditions; or
6. Absences due to multiple treatments or restorative surgery or for a condition which would likely result in a period of incapacity of more than three (3) days if not treated (e.g. Chemotherapy or Radiation for treatments of cancer).

Health Care Provider: Doctors of Medicine or Doctors of Osteopathy who are authorized to practice medicine or surgery by the state in which the doctors practice; or

1. 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
2. Nurse Practitioners, Nurse Midwives and Clinical Social Workers authorized to practice, and performing within the scope of their practice, as defined under state law
3. Christian Science practitioners listed with the First Church of Christ, Scientists in Boston, Massachusetts
4. Any health care provider recognized by the employer or the employer’s group health plan benefits manager

Information Regarding and Administering FMLA:

Identifying the Twelve Month Period: Taney County’s 12-month period is from January 30th of one year to the next January 29th. The one exception is for leave to care for a covered Service Member. The County calculates the 12-month period beginning on the first day the eligible Employee takes FMLA leave to care for a covered service member and ends 12 months after that date.

FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.

Using Leave: FMLA will begin at the time the Employee is in need of taking time off from work and is eligible for FMLA. As prescribed by the Employee’s physician, eligible Employees may take FMLA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the Employee or immediate family member, or in the case of a Covered Service Member, his/her injury or illness. Eligible Employees may also take intermittent or reduced-scheduled leave for military qualifying exigencies. Intermittent leave is not permitted for the birth of a child, to care for a healthy newly-born child or for placement of a child for adoption or foster care. Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the County’s operations. In addition, while you are on an intermittent or reduced schedule leave, the County may temporarily transfer you to an available alternative position which better accommodates your recurring leave and which has equivalent pay and benefits. Each Elected Official and/or Department Head will determine if it is in the best interest of the Employee or the Office/Department for the Employee to return to work in a light-duty status. It may be determined that the Employee should remain on FMLA until they can return to full-duty.

Use of Accrued Paid Leave: Depending on the purpose of your leave request, you may choose (or the County may require you) to use accrued paid leave (such as Vacation, Personal Time, Comp Time or Sick Time), concurrently with some or all of your FMLA leave. In order to use paid leave with FMLA leave, an eligible Employee must comply with the County’s normal procedures for the applicable paid leave (e.g., call-in procedures, advance notice, etc.). (Typically the County will not require the Employee to use their Vacation, Personal Time, Comp Time or Sick Leave, but the Employee definitely may do so if it is their desire.)

Maintenance of Health Benefits: A covered employer 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. Taney County’s Auditor’s Department will explain to the Employee the procedure in which the Employee is to pay their insurance premiums during this time. If you elect not to return to work at the end of the time allotted to you by your health care provider for FMLA, you could be required to reimburse the County for the cost of the premiums paid by the County for any health benefits and/or flex premiums.

Failure to Return after FMLA Leave: Any Employee who fails to return to work as scheduled after FMLA leave or exceeds the 12 week FMLA entitlement (or in the case of a military caregiver leave, the 26 week FMLA entitlement), will be subject to the County’s standard leave of absence and attendance policies. This may result in termination if you have no other County provided leave available to you or your immediate Supervisor finds it a hardship for their department to allow additional time off. Likewise, following the conclusion of your FMLA leave, the County’s obligation to maintain your group health plan benefits ends (subject to any applicable COBRA rights).

Other Employment: Employees may not hold any other employment during all leaves of absence, including FMLA leave. Holding other employment may result in disciplinary action, up to and including termination of employment.

Fraud: Providing false or misleading information or omitting material information in connection with an FMLA leave will result in discipline action, up to and including immediate termination of employment.

Employers’ Compliance with FMLA and Employee’s Enforcement Rights: FMLA makes it unlawful for any Employer to interfere with, restrain, or deny the exercise of any right provided under FMLA, or discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

While the County encourages Employees to bring any concerns or complaints about compliance with FMLA regulations to their Supervisor, FMLA regulations require employers to advise Employees that they may file a complaint with the U.S. Department of Labor or bring a private lawsuit against an employer. Further, FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

Key Employees: Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid “key” Employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must:

1. Notify the Employee of his/her status as a “key” Employee in response to the Employee’s notice of intent to take FMLA leave
2. Notify the Employee as soon as the Employer decides it will deny job restoration, and explain the reasons for this decision
3. Offer the Employee a reasonable opportunity to return to work from FMLA leave after giving this notice
4. Make a final determination as to whether reinstatement will be denied at the end of the leave period if the Employee then requests restoration

A “key” Employee is a salaried “eligible” Employee who is among the highest paid ten percent (10%) of Employees within seventy-five (75) miles of the work site.

Spouses Employed by the same Employer: Spouses employed by the same employer are jointly entitled to a combined total of 12 workweeks of Family Medical Leave for the birth and care of a healthy newborn child, for placement of a child for adoption or foster care, and to care for a family member (spouse, child, or parent) who has a serious health condition. Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement. Time for doctor’s appointments, including ultrasounds, can be included as FMLA in the 12 month period.

FMLA Leave is Unpaid: Family Medical Leave is an unpaid leave; however you may be eligible for Short Term Disability, if the County’s insurance plan has Short Term Disability and you elected this benefit, and/or Workers’ Compensation Benefits. If you request leave under the FMLA, any unused Vacation, Personal Days, Comp Time, and/or Sick Time may be used as compensation for this unpaid leave during your time off work.

When an Employee Doesn’t Qualify for FMLA: If you are unable to perform your job due to sickness, injury, pregnancy or other disability, and you do not meet the requirements to be eligible for FMLA, you may be granted up to a six (6) week Medical Leave of Absence with Commission, Elected Official or Department Head approval (eight (8) weeks if leave is due to a Caesarean birth). An extension of no more than four (4) weeks may be granted, if necessary, and the need is confirmed in writing by your physician and is agreed upon by your immediate Supervisor. The medical leave could also be granted to any Taney County Employee that works at a worksite that does not employ at least fifty (50) Employees within a seventy-five (75) mile radius.

Limited Nature of this Policy: This policy should not be construed to confer any express or implied contractual relationship or rights to any Employee not expressly provided for by FMLA. The County reserves the right to modify this or any other policy as necessary, in its sole discretion to the extent permitted by law. State or local leave laws may also apply.

Military Related FMLA Leave: As previously mentioned FMLA leave may also be available to eligible Employees in connection with certain service-related medical and non- medical needs of family members. There are two forms of such leave. The first is “Military Caregiver Leave”, and the second is “Qualifying Exigency Leave”. Each is detailed below.

Military Caregiver Leave: Unpaid Military Caregiver Leave is designed to allow eligible Employees to care for certain family members who have sustained serious injuries or illnesses in the line of duty while on active duty. The family member must be a covered Service Member, which means:

1. A current member of the Armed Forces, National Guard or Reserves; Is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status; or is otherwise on the temporary disability retired list;
2. For a serious injury or illness that may render him or her medically unfit to perform the duties of the member’s office, grade, rank or rating.

Military Caregiver Leave is not available to care for former members of the Armed Forces or the National Guard or Reserves or for Service Members on the permanent disability retired list.

To be eligible for Military Caregiver Leave, the Employee must be a spouse, son, daughter, parent or next of kin of the covered Service Member. Next of kin means the nearest blood relative of the Service Member, other than the Service Member’s spouse, parent, son, or daughter, in the following order of priority:

1. Blood Relatives who have been granted legal custody of the Service Member by court decree or statutory provisions;
2. Brothers and Sisters;
3. Grandparents;
4. Aunts and Uncles; and
5. First Cousins.

The above mentioned are to be the Next of kin unless the Service Member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of Military Caregiver Leave. The Employee must also meet all other eligibility standards as set forth within the FMLA Leave Policy.

An eligible Employee may take up to 26 workweeks of Military Caregiver Leave to care for a covered Service Member in a “single 12 month period. The single 12 month period begins on the first day leave is taken to care for a covered Service Member and ends 12 months thereafter, regardless of the method used to determine leave availability for other FMLA qualifying reasons. If an Employee does not exhaust his or her 26 workweeks of Military Caregiver Leave during this single 12 month period, the remaining weeks of leave are forfeited.

Military Caregiver Leave applies on a per-injury basis for each Service Member. Consequently, an eligible Employee may take separate periods of caregiver leave for each and every covered Service Member, and/or for each and every serious injury or illness of the same covered Service Member. A total of no more than 26 workweeks of Military Caregiver Leave may be taken within any single 12 month period.

Within the single 12 month period described above, an eligible Employee may take a combined total of 26 weeks of FMLA leave including up to 12 weeks of leave for any other FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition of the Employee or close family member, or a qualifying exigency). For example, during the single 12 month period, an eligible Employee may take up to 14 weeks of FMLA leave to care for a covered Service Member when combined with up to 12 weeks of FMLA leave to care for a newborn child.

An Employee seeking Military Caregiver Leave may be required to provide appropriate certification from the Employee and/or covered Service Member and completed by an authorized health care provider within 15 days. Military Caregiver Leave is subject to the other provisions in our FMLA Leave Policy (requirements regarding Employee eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.). Military Caregiver Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.

QUALIFYING EXIGENCY LEAVE: Effective January 16, 2009, eligible Employees may take unpaid Qualifying Exigency Leave to tend to certain exigencies arising out of the duty under a call or order to active duty of a “covered military member” (i.e. the Employee’s spouse, son, daughter, parent). Up to 12 weeks of Qualifying Exigency Leave is available in any 12 month period, as measured by the same method that governs measurement of other forms of FMLA leave within the FMLA policy (with the exception of Military Caregiver Leave). Although Qualifying Exigency Leave may be combined with leave for other FMLA qualifying reasons, under no circumstances may the combined total exceed 12 weeks in a 12 month period (with the exception of Military Caregiver Leave). The Employee must meet all other eligibility standards as set forth within the FMLA policy.

Persons who can be ordered to active duty include retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, State Military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve.

Although Qualifying Exigency Leave is available to an eligible Employee whose close family member is called up from status as a retired member of the Regular Armed Forces, it is not available for a close family member on active duty or on call to active duty as a member of the Regular Armed Forces. Also, a call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the President of the United States pursuant to certain laws.

QUALIFING EXIGENCY LEAVE IS AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:

1. Short-notice deployment. To address any issue that arises out of short notice (within seven days or less) of an impending call or order to active duty.
2. Military events and related activities. To attend any official military ceremony,

program, or event related to active duty or a call to active duty status or to attend certain family support or assistance programs and informational briefings.

1. Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility.
2. Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the covered military member’s representative before a Federal, State or local agency in connection with service benefits.
3. Counseling. To attend counseling (by someone other than a health care provider) for the Employee, the covered military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty.
4. Temporary rest and recuperation. To spend time with a covered military member who is on short-term, temporary rest and recuperation, leave during the period of deployment. Eligible Employees may take up to five (5) days of leave for each instance of rest and recuperation.
5. Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to 90 days following termination of the covered military member’s active duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active duty status.
6. Mutually agreed leave. Other events that arise from the close family member’s duty under a call or order to active duty, provided that the County and the Employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave.

An Employee seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the covered military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the Employee’s relationship to the military member, within 15 days. Qualifying Exigency Leave will be governed by, and handled in accordance with; the FMLA and applicable regulations and nothing within this policy should be construed to be inconsistent with those regulations.

If an Employee is unable to perform the duties of their job due to illness, surgery, hospital stay, injury, pregnancy or other disability, and they are not eligible or do not meet the requirements for FMLA, the Employee may be granted up to a six (6) week medical leave of absence if the need for the medical leave is confirmed in writing by a physician, and the medical leave is granted through approval of the Elected Official or Department Head. An extension of two weeks may be granted for maternity, if the delivery was by Cesarean for a total of eight (8) weeks.

The maximum extension for any medical leave would be an additional four (4) weeks to the initial six (6) weeks and the need must be confirmed in writing by a physician.

The Medical Leave of Absence is an unpaid leave; however, the Employee may use their accrued Sick Time, Vacation, Personal Time, or Comp Time. The Employee must report in once per week to their Elected Official or Department Head and to Human Resources regarding their progress and return to work date. The Employee is required to present a fitness-for-duty notice from their doctor upon returning to work, stating the date they may return. Should the Employee not return to work, their employment would be terminated.

“There may be times in an employee's career when absence from work is necessary for personal reasons and accrued leave time is not sufficient to cover the absence. In such cases, the employee may request a leave of absence without pay through the appropriate chain of command, by submitting a request for unpaid leave to the director/elected official and the County Commission. Leave without pay is not intended to be granted when the employee has paid vacation, sick leave, or compensatory time available to be used. Timesheets must reflect the employee's total hours which should equal their normal work schedule, including accrued leave, if accrued time is available.

Leave of absence without pay must be granted to an employee for extraordinary reasons which warrant the absences.

An employee may be granted leave without pay for a prolonged period but may not exceed three (3) months in any in any twelve (12) month period. Employees on leave without pay will not earn paid sick leave or vacation, will not have their insurance coverage paid by the County, not will they be paid for a holiday that occurs during the period that they are on leave without pay. A written request must be submitted to their department director and County Commission for approval. ⁴⁾

Maternity shall be treated as any other non-duty temporary disability covered under the rules pertaining to Sick Leave and Family and Medical Leave. If at any time during pregnancy an Employee is aware that her and/or her unborn child's health is endangered by her job, she shall immediately make this fact known in writing to her Elected Official or Department Head. At such times as deemed necessary by the Elected Official or Department Head, pregnant Employees shall submit to their Elected Official or Department Head a doctor's statement indicating the Employee's physical ability to perform her job. Employees returning to work after childbirth shall submit to their Elected Official or Department Head a doctor's statement indicating the Employee's physical ability to return to the job. The duration of maternity leave shall be determined by reference to the Family and Medical Leave provisions. If the Employee is not yet eligible for coverage under the Family and Medical Leave Act, the Medical Leave of Absence Policy will provide necessary leave for the Employee needing Maternity leave. This is an unpaid leave; however, the Employee may use their accrued Sick Time, Vacation, Comp Time or Personal Days.

Full Time and Part Time Employees with benefits who are subpoenaed as a witness in a civil or criminal case or selected to serve on a jury shall be granted paid leave during their absence. There is no time limit for jury or witness duty; however, Employees are expected to report for work whenever the court schedule permits. When an Employee receives notice that they are to serve on a jury or are subpoenaed as a witness, the Employee must provide notice to your Elected Official or Department Head as soon as possible. The Employee must also provide a copy of the notice to Human Resources.

Excused from Jury / Witness Duty. Essential personnel such as Law Enforcement Employees or Department Heads may be required to request to be excused from jury duty by the court. The Employee’s Elected Official or Department Head may request that the Employee be excused from jury duty if the Employee’s absence would create serious operational difficulties. However, a request to be excused is not binding on the court and you may be required to serve. ⁵⁾

Eligibility. Taney County complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees who are in County service preceding leaving the service of the County directly to enter the active uniform service of the United States during a national emergency, drafted into such service, or Employees subject to compulsory service who voluntarily enlist, shall be granted a Military Leave of Absence to extend to three (3) months beyond the date of termination of active uniform service. The term “uniform service” as used herein shall include the Army, Navy, Air Force Marine Corps, Coast Guard, and Public Health Service, as well as auxiliary branches of said services in which either men or women shall be called on to service, not shall not include services as civilian Employees of any of the services. The term “national emergency” as used herein shall exist during such period as determined by the federal government. Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

Compensation. Employees will receive the difference between their normal base compensation and the pay received while on military duty for up to two-weeks, and upon presentation of the satisfactory military pay verification documentation.

For military leaves in excess of two-weeks, Employees may elect to use their accumulated Vacation Leave, Personal Leave, Sick Leave or Comp Time for their Military Leave of absence. If accumulated time is unavailable, the leave will be unpaid.

Health Benefits. Subject to certain restrictions permitted by USERRA and subject to the terms, conditions and limitations of the applicable plans for which the Employee is otherwise eligible, continuation of health insurance benefits is available to Employees on military leave of absences through the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

Return to Work. Employees on military leave are required to present documents stating they are eligible to return to work. Upon returning to work, Sick Leave will be restored.

Restoration. An Employee returning from military leave shall be entitled to restoration to the former position held prior to the leave, provided the Employee makes application within three (3) months after release from duty and has been honorably discharged and is physically and mentally capable of performing the essential duties of the position involved. In the event that the position vacated no longer exists at the time the Employee qualifies for return to work, such person shall be entitled to be re-employed in another existing position of the same class.

Salary. An Employee returning from Military Leave may be re-employed at the same salary range attained when granted a Military Leave. The Employee may be eligible for a pay increase if there was a pay increase administered during the Employee’s time of leave. The Employee may also be eligible for any promotion that would have taken place if they had been here during the Employee’s time of leave.

All Employees who are, or may become active members of the National Guard, the Officers' Reserve Corps, or the Enlisted Reserve Corps of the United States Government shall be entitled to leave of absence with pay from their respective duties on all days during which they are employed with or without pay under the orders or authorization of competent authority on active training duty, duty with troops, field exercises, or instruction for a period not to exceed a total of fifteen (15) calendar days in any one (1) federal fiscal year (Oct. 1 - Sept. 30). Employees requesting this leave of absence, with or without pay, shall provide documentation of the orders or authorization of competent authority for the time period for which military leave will be taken.

All Employees who are, or may become active members of the National Guard, the Officers' Reserve Corps, or the Enlisted Reserve Corps of the United States Government, who are required to attend monthly training sessions which conflict with their normal work schedules, shall give advance notification to their Supervisors in accordance with departmental rules and regulations.

In Accordance with §115.639 RSMo: Any Employee entitled to vote at any election held within this state shall, on the day of such election, be entitled to absent himself for a period of three (3) hours between the time of the opening and the time of closing the polls for the purpose of voting. No Elected Official, Department Head or Supervisor shall discipline, discharge, threaten to discharge, or make wage deductions from the pay of any Employee for exercising his rights under this section, provided that:

1. The Employee actually uses the time to vote
2. The request for leave of absence to vote is made prior to the day of election

However, the Employee’s Elected Official, Department Head or Supervisor may specify any three (3) hours between the time of opening and the time of closing the polls during which the Employee may be absent.

Any Employee in need of time to vote must give advance notice to their Elected Official, Department Head or Supervisor so that the necessary time off can be scheduled at the beginning or end of the work shift, or during the time that the Elected Official, Department Head or Supervisor has determined would best accommodate productivity in the Employee’s Office or Department.

This section shall not apply to a voter on the day of election if there are three (3) successive hours while the polls are open in which he is not in the service of the County.

Taney County offers a Catastrophic Leave-Sharing Program to give Employees a chance to support their colleagues who are facing a major health crisis, whether their own or that of a family member. Because Vacation Time or Personal Time is not governed by the FLSA, the program allows Employees to provide assistance in the form of donated Vacation Time or Personal Time. This program has been developed to create a caring environment from one Employee to another. While the program establishes a mechanism for transfer of time, participation is entirely voluntary. ⁶⁾

Qualifying Situations:

In order for an Employee to donate the above stated time to another Employee and for the receiving employee to accept the above stated time, several factors must be taken into account:

The Donating Employee Must:

• Be an Employee of Taney County;
• Be in a position that accrues Vacation Time or Personal Time;
• Have accrued sufficient time to cover the designated donation (leave may not be donated prior to accrual).

The Receiving Employee Must:

• Be an Employee of Taney County;
• Be in a position that accrues Vacation Time or Personal Time;
• Have exhausted all paid time off that was earned pursuant to the applicable time off policies;
• Not exceed forty (40) hours in a workweek if Employee is an hourly Employee or five (5) work days in a week if Employee is exempt.

The Receiving Employee’s Absence must be Due to the Following:

• The Employee’s own medically certified “serious health condition” as defined by the federal Family and Medical Leave Act (for definitions see Taney County’s FMLA Policy);
• The medically certified “serious health condition” of the Employee’s Spouse, Parent or Child; as defined by the Family and Medical Leave Act (FMLA);
• While the receiving Employee must be on an approved leave of absence and must provide appropriate medical certification for a serious health condition for themselves or that of a Spouse, Parent or Child, the leave of absence does not always need to qualify as time taken under FMLA, as Employees that have not worked for Taney County for one year are not eligible for FMLA but are eligible for the Catastrophic Leave Sharing Program.

Nature of Donations:

Donations Must Be:

• From available Vacation Time or Personal Time of the donor;
• Entirely voluntary;
• An Employee of Exempt Status may donate time in eight (8) hour increments only. A non-exempt Employee may donate time in four (4) hour increments.

Process: The following steps should be taken to assure proper processing of donated time:

Definition of Donated Time Needed: When an Employee experiences an event that would qualify for donated time and does not have any time left to use to supplement their pay.

Information Regarding an Employee with a Need.

The Employee in need of assistance must make a request to Human Resources. Once the Employee has made the request, Human Resources Department will send an email to all County Employees explaining that we have an Employee that has met the requirements for a Catastrophic Leave and is in need of assistance from co-workers. If an Employee feels they would like to donate Vacation Time or Personal Time, they should contact Human Resources to fill out the proper form. (Donors will be taken on a first-come basis).

Donating Employee Initiates the Request: The prospective donor must submit a Catastrophic Leave-Sharing request to the Human Resources Department, indicating the number of hours to be donated and the name and department of the intended recipient. The request should also include a statement that the donor understands that the donation is strictly voluntary and that only the amount of time designated will be transferred to the named recipient. Vacation Time and Personal Time can only be donated and accepted for the month in which it will be used. It cannot be donated in advance. (Forms are in the Human Resources Department.)

Intended Recipient Notified: Human Resources will notify the recipient of the intended donation (hours to be donated), Upon notification, the recipient may decline or accept the donation by filling out the form designated for the recipient to accept or decline donation. If declining the donation, the process should be terminated and the donor will be notified that no hours are being donated. In addition, if the recipient cannot use all hours donated by said donor, the donor will be notified and hours not used will be returned to the donor. (In the case of an exempt Employee, all eight (8) hours will be returned.)

Transferring the Time:

Once all authorizations have been obtained, Human Resources will share the prepared forms with the Payroll Administrator. Adjustments will then be prepared directly against Employee balances. There is no financial impact at the time of donation. The impact will only be seen at the time of usage. Due to the fact that there is no law that governs Vacation Time or Personal Time, once the Vacation Time or Personal Time has been donated, it no longer belongs to the donating Employee, but to the recipient and therefore the donated time is paid at the recipient’s rate of pay.

Vacation / Personal Time Transfer Form

Vacation / Personal Time Transfer Acknowledgment