2006-431-Minutes for Meeting April 17,2005 Recorded 4/20/2006DESCHUTES
NANCY
COUNTY CLERKDS ~J Z0~6'~J~
COMMISSIONERS' JOURNAL
110 11 .,,,,.01 ,.,,.,,.10 1.1.1 04/20/2006 08;07;52 AM
2006-43
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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This page must be included
if document is re-recorded.
Do Not remove from original document.
❑ { Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF MEETING
DEPARTMENT HEADS & BOARD OF COMMISSIONERS
MONDAY, APRIL 17, 2005
Downstairs Conference Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke and Bev Clarno; Commissioner
Michael M. Daly was out of the office. Also present were Susan Ross, David
Givans and Anna Johnson, Commissioners' Office; Marty Wynne, Finance
Department; Dave Peterson and Kevin Furlong, Information Technology; and
Hillary Saraceno, Commission on Children & Families.
Others present were Renee Warner, Building Services; Tom Blust, Road
Department; Scot Langton, Assessor; Nancy Blankenship, Clerk; Kate Moore,
Health Department; Charity Hobold, Parole & Probation; and Mark Pilliod and
Mark Amberg, Legal Counsel.
Also in attendance were Mike Viegas, Risk Management; Dan Despotopulos, Fair
& Expo Center; Mike Dugan, District Attorney; Scott Johnson, Mental Health
Department; Bob LaCombe, Juvenile Community Justice; Debbie Legg,
Personnel; Tom Anderson, Community Development Department; and Chuck
Fadeley, Justice Court. Also present was Christopher Stollar of The Bulletin; no
other citizens attended.
The meeting began at 12:05 p. m.
1. Introductions.
The attendees introduced themselves at this time.
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 1 of 6 Pages
3. Information Technology Update.
Dave Peterson gave a brief overview of a proposal to use e-mail encryption for
some of the County's e-mails and departments that present security issues.
There are several options available. For the most part, the departments using
encryption the most would be Health, Mental Health, the Courts and various
others that handle sensitive information on a daily basis.
Mr. Peterson discussed a proposal for wireless communications within County
buildings. This would be a convenience to County employees, representatives
of other agencies and vendors, and anyone who would like to access their
computers from a County building. He went over the initial investment and the
cost of maintenance. The access points in each building would be determined
by the amount of interference from structures and other signals.
District Attorney Mike Dugan said that he has 18 people in his department
alone who would utilize it, along with other attorneys.
Commissioner Luke suggested that perhaps the wireless communications
program could be tried in a few buildings to determine how many people
actually utilize it. Mr. Peterson added that the purchase would be through a
state contract, and there would probably be no reason or economy of scale to
purchase this for all buildings at one time.
In regard to B1ackBerry units, which are phones that allows users to access e-
mails and schedules, along with other possible features such as GPS, Mr.
Peterson said that the Sheriff's Office has the only server at this time. There are
35 units in use through the Sheriff's Office.
Commissioner Luke said that the County might consider using the cellular
phone allotment towards a B1ackBerry unit, if the user prefers. He asked
anyone who is interested to contact Information Technology.
(A document containing further details on e-mail encryption and wireless
communications is attached as Exhibit C.)
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 2 of 6 Pages
4. Legal Update.
Mark Amberg gave a brief overview of the Family Leave Policy. He explained
that it is a very complicated issue and that Department Heads or supervisors
should not try to determine if someone is eligible; Legal Counsel or Personnel
should be contacted.
He further explained that there would be no defense if a Department Head or
supervisor makes a decision in this regard and it is the wrong one. If desired,
Legal Counsel and/or Personnel can make a presentation to supervisors.
Mike Viegas said that ADA training is now required of any employee who
deals with the public. Two-hour training sessions will begin in June for
employees and volunteers.
Susan Ross added that some building changes are required to comply with
ADA rules, and Building Services will be visiting departments as needed to
make those changes. She asked that the Department Heads advise their
employees of this possibility.
(Information on family leave policies and ADA issues is attached as Exhibit D.)
5. Discussion of Card Reader System and Other Building Issues.
Susan Ross explained that there are some misconceptions on how the card
reader system works. The system is now in almost all buildings. An
individual's card will only access the doors that individual would need to use.
Some cards are programmed for certain days and hours as well. Some requests
have been received for additional employee access and for additional doors to
be included in the system; these requests need to go to Building Services.
She added that Personnel is advised when an employee leaves so his or her card
can be deactivated; however, Building Services needs to be advised if a
volunteer or vendor should have his or her card deactivated.
The use of the gated parking area is encouraged, especially if someone is using
a County vehicle for a trip and leaves his or her car parked. It provides an
added measure of security.
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 3 of 6 Pages
Employees parking in visitor parking areas is an ongoing and increasingly
serious problem. In the downtown complex especially, where parking is
limited, this will be enforced. Enforcement includes the employee, the
employee's supervisor and department head having to come before the Board at
a regular Board meeting to explain why the employee was parked in the wrong
place.
Violators from outside the County will be handled differently; they will be
given a different citation and their vehicles can be towed.
There is a problem with some employees painting their offices. The County
wants all building interiors to be painted the same, which simplifies
maintenance. Employees can individualize their offices with artwork, etc.
instead.
Ms. Ross reminded everyone that the grand opening of the South County
Service Center - which now houses offices for Mental Health, Juvenile, Parole
& Probation, Community Development and Veterans' Services, and which will
soon include the Justice Court - is scheduled for Saturday, May 6.
In regard to property leases - whether the County is the lessee or the lessor -
Ms. Ross said that, to be consistent and to make sure liability issues are
addressed, all should be handled through the County's property specialist.
6. Update on the Recruitment of a New County Administrator.
Commissioner Luke said that a search firm was hired to recruit for the position.
There were 59 applicants, and these have been narrowed down to four or five
candidates. Within the next couple of weeks, the Board and a committee
consisting of Scott Johnson, Marty Wynne, the Sheriff, Mark Pilliod, Nancy
Blankenship and Tom Anderson will be working with the Board and Mike
Maier to narrow down the choice to perhaps one or two individuals.
7. Department Updates and Other Items.
Mark Pilliod gave a brief overview of the work and the schedule of the Home
Rule Charter Committee. (A copy of the calendar is attached as Exhibit E.)
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 4 of 6 Pages
He explained that they will need to decide whether to recommend a Home Rule
Charter, and if so, its provisions and structure. They are in the process of
learning about the nine counties that have such a structure in place, and getting
input from County's department heads and others. He added that although
many of the committee members have some experience in government, none of
them have experience on a broad basis and really do not know a lot about how
counties are structured and operate.
Commissioner Clarno added that to help the committee members learn the most
in a limited period of time, it would be wise for department heads to provide
them with information in writing about the needs and composition of their
departments.
Commissioner Luke explained that Deschutes County used to be a County
Judgeship. In fact, Mike Maier has been its only County Administrator. All of
the nine counties that are charter counties are structured very differently. It is a
very complex issue and a challenge for anyone to work through. If a consensus
can be reached, the issue may be on the ballot in November.
Mike Dugan stated that his department was a recent recipient of the "team of
the year" award by the Governor's Commission on DUII Enforcement for the
work they have done on misdemeanor prosecution.
Marty Wynne said that budget documents are due tomorrow. At this point, it
appears the 4% COLA, and the 12% health benefits amount with a $35
premium co-pay, will not change. There are no layoffs or reduction in
personnel anticipated, and some requests for additional funds are being
considered. More will be known as the budget process continues.
Mr. Wynne advised that there is $157 left on the Delta Airlines pledge that
needs to be used by the end of May. He asked that if anyone is traveling for
work on Delta, to please contact him.
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 5 of 6 Pages
Mark Amberg stated that labor contracts are being negotiated at this time. He
advised that Alison Hamway, who has been the AFSCME union representative
for some time, is leaving her position at the end of the month.
Being no further items discussed, the meeting adjourned at 1:20 p.m.
DATED this 17th Day of April 2006 ZtheDe utes County Board of
Commissioners.
SnDQis R. Luke, Chair 00
ATTEST: Bev Clarno, Commissioner
-
ZOQIA,-
Recording Secretary Michael M. Daly, Commissioner
Attachments
Exhibit A: Agenda (1 page)
Exhibit B: Sign-in sheet (1 page)
Exhibit C: E-mail Encryption and County Wireless Communications Study (2
pages)
Exhibit D: Memorandum regarding Family Leave and ADA Issues (10 pages)
Exhibit E: Home Rule Charter Committee Calendar (4 pages)
Minutes of BOCC/Department Heads Meeting Monday, April 17, 2005
Page 6 of 6 Pages
Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.ora
MEETING AGENDA
BOARD OF COMMISSIONERS & DEPARTMENT DIRECTORS
12 Noon, Monday, April 17, 2006
Deschutes Services Center - 1 st Floor DeArmond Room - 1300 NW Wall St., Bend
1. Introductions - Department Heads, Other Attendees
2. Information Technology Update - Dave Peterson
Overview of E-mail Encryption
Discussion of County Wireless Communications
3. Legal Update - MarkAmberg
Discussion of Family Leave Policy
Discussion of ADA Issues
4. Discussion of Card Reader System - Susan Ross
5. Update on Recruitment of New County Administrator - Mike Maier
6. Brief Discussion regarding Home Rule Charter Committee Process - Dennis
Luke
7. Department Updates
8. Other Items
Exhibit
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Dept. Heads/BOCC Meeting
Monday, April 17, 2006
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Exhibit
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Email Encryption
Why encrypt?
• Comply with laws and regulations governing the
security of non-public information such as HIPPA,
0
GLBA (Gramm-Leach-Bliley Act), SOX (Sarbanes-
Oxley Act), and others.
• Protect sensitive and confidential information such as
research, patent, crime, or financial information.
What is Encryption?
A process that renders the contents of a message or file
unintelligible to anyone not authorized to read it. With
respect to email, the email and attachments are encrypted.
How is email encrypted?
. Use technology that permits the sender of an email to
encrypt an email upon request.
• Incorporate technology that automatically encrypts an
email by examining its contents for specific words
("private", "aids", "personal", etc.) or patterns such as
a social security number (xxx-xx-xxx).
• Employ both "user selected" and automatic encryption
- referred option.
How is encrypted mail read?
It depends on the features of the software product.
Commonly, the email recipient does not receive the email.
Instead, a link is presented which permits the recipient to
securely view the email.
Impact on email users
Minimal
Potential users
Health Department, Mental Health, Sheriff, District
Attorney, Personnel, Legal Counsel, Finance
Cost
Initial investment - $30,000 to $50,000. Annual
maintenance - $8,000
Possible Funding
Initial investment - Risk Management; Annual
maintenance - Information Technology
Exhibit C
Page of -2-
Coun Wireless Communications Stud
Why?
Count interest for the use of wireless equipment in County facilities
Justifications
• Create public wireless hotspots (lobbies, conference rooms, etc.)
Potential users include business partners, vendors, other government,
etc.
• Provide County employees wireless access to County systems via
laptops, PDA's, etc.
• Have infrastructure in place for future wireless use such as wireless
IP hones
Research
County IT contracted a survey of the County buildings listed below to
measure signal and structure interference, measure signal strength,
determine equipment needs and placement, and costs.
Funding
Possibility
County pays foundation costs, Building users pay building costs, IT pays
yearly maintenance.
Wireless Cost Estimates
Foundation Costs including network management hardware and•
software, software upgrades,. installation;.and training
34,993
Building Costs
Name
Number of
Access
Points
Building Totals
Totals
Community Development
3
1,344
District Attorney
6
2,688
Health and Mental Health
9
4,312
Information Technology
2
896
Justice Center/Courts
12
6,776
Juvenile
7
3,136
Old Administration
2
1,036
Old Courthouse Annex
2
896
Adult Corrections
4
1,792
Road Department
3
1,344
Deschutes Services Center
7
3,136
Sheriff
7
3,416
Building Totals
64
30;772.
x 30;771
Total Costs
659781
Yearl Maintenance
2,660`.
Exhibit C
Page y of 2-
J ES
Department of Administrative Services
Q Michael A. Maier, Director
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www. co. deschutes. or. us
MEMORANDUM
TO: All Department Heads and Elected Officials
CC: Board of Commissioners
FROM: Michael A. Maier
SUBJECT: Family Leave and Americans with Disabilities Act
DATE: March 16, 2006
Attached for your review is a communication from Legal Counsel regarding family
leave and ADA laws.
I can't emphasize enough how important it is that all department heads, elected
officials, managers and supervisors read and comprehend this information.
Legal Counsel and Personnel staff are available at your request to attend your
departmental staff meetings to go over any details and/or to answer questions about
family leave and ADA laws -just inform Debbie Legg or Mark Amberg.
Again, please take this matter to heart and work closely with Legal Counsel and
Personnel so that major problems can be prevented.
Thank you!
Quality Services Performed with Pride Exhibit L>
Page l of /C)
DESCHUTES COUNTY LEGAL COUNSEL
MARK P. AMBERG
Deputy Legal Counsel
W Ext. 4645
TO: ALL DEPARTMENT HEADS Date: March 16, 2006
RE: FAMILY LEAVE AND AMERICANS WITH DISABILITIES ACT
REPORTING REQUIREMENTS FOR DEPARTMENT HEADS, MANAGERS
AND SUPERVISORS
Recently, an increasing number of questions and issues have been raised regarding employee
leave or requests for modification of work duties for health-related issues. The County is in the
process of preparing a formal Family Leave Policy but, until that policy is in place, it is important
for all department heads, managers and supervisors to have a basic understanding of the
Family Leave laws and the Americans with Disabilities Act ("ADA"). Perhaps more importantly,
because of potential legal issues, each department head, manager and supervisor needs to
understand his or her obligation to report to Personnel/Legal all situations that might trigger
Family Leave and/or the ADA.
First and foremost, it needs to be understood that Family Leave and ADA laws are complex
(increasingly so) and managers are not and cannot be expected to understand how these laws
might apply in any given situation. However, it is expected that all department heads, managers
and supervisors recognize basic Family Leave/ADA issues and, if they arise, to immediately
report the situation to Personnel/Legal Counsel and consult with Personnel/Legal Counsel to
determine an appropriate course of action.
Secondly, it needs to be kept in mind that department heads, managers and supervisors are
"the County" for purposes of legal liability. If any department head, manager or supervisor is
aware of a situation or takes action regarding a situation, the County (generally) is legally
responsible for what the department head, manager or supervisor knows and for any actions
they take. For these reasons, department heads, managers and supervisors are not authorized
to make decisions on their own regarding employee leave issues or employee requests for
accommodations for health-related issues.
With these general comments in mind, below is an outline of basic Family Leave and ADA law
and a list of triggering events that require a department head, manager or supervisor to report a
health-related situation to Personnel/Legal Counsel for advice and consultation.
FAMILY LEAVE
Again, this is a very complex area of law which includes Federal and Oregon family leave
statutes and regulations, as well as numerous court decisions that have interpreted these
statutes and regulations. Deschutes County, as an employer, is covered by two basic laws:
Page 1 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit D
Page -3>, of / O
'7"
The federal Family Medical Leave Act ("FMLA") and the Oregon Family Leave Act ("OFLA").
Each law provides protection for qualifying employees to take leave for "serious health
conditions" of the employee or certain family members of the employee. The laws also allow
leave for qualifying employees for pregnancy, pregnancy-related conditions and "parental leave"
to bond with newborns or newly adopted or newly placed foster children.
It should be noted that, although FMLA and OFLA are very similar, there are important
differences between the two. The law that gives the most protection to the employee always
applies. County policies or the terms of a Collective Bargaining Agreement might also apply to a
given situation.
Designation of Family Leave
Under FMLA and OFLA, Deschutes County, as the employer, has the duty and the right to
designate qualifying leave as family leave. This designation provides rights and protections to
both the employee and the County. Correct and timely designation of leave as family leave is
very important. Incorrect or untimely designation of leave can create a number of issues for the
employee and the County. This is why Personnel/Legal need to be notified right away if there is
a potential family leave situation. It is important to note that the decision whether to designate
leave as family leave is not up to the employee (i.e. it is not optional). That is a decision the
employer has to and gets to make.
How much Leave Does an Employee Get?
Although there are a number of exceptions, in general, if an employee qualifies for family leave
under FMLA or OFLA, the employee is entitled to take up to 12 weeks of legally protected leave
within a 12-month period. This 12 weeks" of leave does not necessarily have to be taken in a
block of time or in one-week increments. In appropriate circumstances, the leave can be
"intermittent" and can be taken in time increments as small as one hour. Note that intermittent
leave only applies to leave for a serious health condition or pregnancy or pregnancy-related
care but does not apply to parental "bonding" leave which does have to be taken in a block of
time.
In some circumstances under OFLA (but not FMLA) employees can "stack" leave and can be
entitled to take additional protected leave (when parental "bonding" leave and "pregnancy
disability" and/or "sick child" leave is involved). Also, under OFLA (but not FMLA), parents are
entitled to take time off to care for a sick child who requires home care, on an intermittent basis
as needed, even if the illness does not qualify as a "serious health condition" - e.g. even if a
child only has a "standard" illness such as a cold, the flu or an ear ache, a parent is entitled to
take time off of work to care for the child.
FMLA and OFLA provide different options for determining the 12-month period ("leave year")
used to calculate an employee's 12 weeks of family leave. The option currently used by
Deschutes County is the "rolling backward" year. Under this method, when determining if
protected family leave is available to an employee, we "look back" over the 12 months prior to
the date the leave would commence to determine how much, if any, family leave has been used
by the employee during that 12-month period.
Page 2 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit D
Page 3 of / 0
Some examples of relatively common situations/conditions that might trigger family leave are:
1. Treatment for the employee or a qualifying family member for Alzheimer's disease,
stroke, or the terminal stages of cancer or other terminal disease.
2. Multiple recurring treatments such as restorative surgery after an accident or injury,
chemotherapy or radiation treatment for cancer, physical therapy for arthritis and dialysis
for kidney disease.
3. Complications from treatment or surgeries which, otherwise, would not qualify for family
leave, such as cosmetic or purely elective treatments.
4. Post-partum depression.
5. Absence for alcohol or drug treatment. (Note: alcoholism is also considered a protected
disability under the ADA. However, employees generally are only entitled to time off to
participate in an approved treatment program; not time off because they are under the
influence of alcohol or because they are "hung over" or recovering from the use of
alcohol or drugs.)
6. Some chronic conditions such as migraine headaches, asthma, diabetes and epilepsy
can, under certain circumstances, qualify as "serious health conditions" under family
leave laws.
Family Leave and Workers' Compensation
If an employee's on-the-job injury or disability qualifies as a "serious health condition," as
defined by FMLA/OFLA, leave taken by the employee under the Workers' Compensation
law may also qualify as family medical leave. In this situation, the leave can be designated as
both Workers' Compensation leave and family medical leave and the two can run concurrently.
If an employee's injury/disability qualifies for Workers' Compensation, Risk Management
generally will notify Personnel of the leave. However, even if a department believes that an
employee's medical or health condition might qualify for Workers' Compensation, the
department head, manager or supervisor still needs to advise Personnel/Legal of the situation
right away so it can be determined if the leave qualifies as family medical leave.
Other Family Leave Issues
There are numerous other potential issues related to the family leave laws that cannot be
covered in this brief memorandum. These include, but are not limited to, whether an employee
is eligible for family leave, how much time an employee is entitled to take off for family leave,
how the "year" for calculating family leave is determined, notification requirements (for the
employee and for Deschutes County), medical certification requirements, employee benefits
during family leave and reinstatement rights for employees after taking family leave. Also, this
memorandum does not address the legal consequences and penalties that can be imposed for
violating the family leave laws. Suffice it to say that there can be serious legal consequences
for violating family leave laws (intentionally or unintentionally), or for any form of retaliation
against an employee for exercising their right to take or attempting to take family leave. Any
form of retaliation is strictly prohibited.
Page 4 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit
Page -S- of
ti=
II. THE ADA
Although we do not deal with ADA issues as frequently as family leave issues, the ADA must
always be kept in mind when addressing health-related issues since, frequently, both family
leave laws and the ADA can apply to a particular situation. The ADA also might apply when
dealing with Workers' Compensation claims.
The ADA is a federal law (Oregon has a similar law) which prohibits private employers, state
and local governments, employment agencies and labor unions from discriminating against
"qualified individuals" with "disabilities" in job application procedures, hiring, firing, advancement,
compensation, job training and other terms, conditions and privileges of employment. To qualify
for protection under the ADA, an employee must meet the following requirements:
1. The person must be "disabled" as defined by the ADA. This means the person:
a. Has a physical or mental impairment that substantially limits one or more major life
activities;
b. Has a record of such an impairment; or
c. Is regarded as having such impairment.
Simply because someone has a physical or mental impairment DOES NOT MEAN that
the person has a disability under the ADA. For example, if someone is near-sighted,
they have a physical impairment (poor vision), but, if the condition can be corrected
(such as with eyeglasses), the person is not considered disabled under the ADA.
Another example is diabetes which is a serious medical condition. However, if the
diabetes can be treated through diet and medication, a person with diabetes generally is
not considered disabled under the ADA. Another example is a mental impairment for
bipolar disorder or depression. Again, if the person can function relatively normally with
medication and treatment, they probably are not regarded as disabled under the ADA.
2. Assuming the employee has a "disability" as defined by the ADA, the person must be a
"qualified" employee. This is defined to mean an individual with a qualifying disability
who, with or without reasonable accommodation, can perform the essential functions of
the job in question.
3. Assuming the employee has a qualifying "disability" and is a "qualified" employee, the
employer (if requested by the employee) must provide reasonable accommodation to
the employee to perform the job in question if the essential functions of the job can be
performed with a reasonable accommodation. What constitutes a "reasonable
accommodation" can be difficult to determine and must be evaluated on a case-by-case
basis since each job differs and each individual's circumstance differs. Examples of
things that can constitute a "reasonable accommodation" include:
a. Making existing facilities used by employees readily accessible to and usable by
persons with disabilities;
b. Job restructuring, modifying work schedules (work days or work times - examples
could include modifying starting time, permitting shorter, more frequent breaks,
permitting intermittent time off for a period of time, etc.);
c. Reassignment to a vacant position;
Page 5 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit
Page & of l0
d. Acquiring or modifying equipment or devices, adjusting or modifying examinations,
training materials or policies;
e. Providing qualified readers or interpreters (for things such as examinations and
training; not to perform actual job duties).
Please keep in mind that an employer is not required to eliminate essential job duties as
an accommodation. An employee, whether disabled or not, must be able to perform all
essential parts of his or her job. For example, the ability to physically restrain suspects is
an essential part of the duties of a police officer. If an employee cannot perform this
essential function, the employer does not have to hire or retain the person to do the job.
Also, normally, "reasonable accommodation" does not include giving the job duties to
someone else. The employee must be able to perform the job duties himself or herself
to qualify for the job.
4. An employer is not required to lower quality or production standards to make an
accommodation, is not required to provide personal use items such as glasses or
hearing aids, and is not required to make a reasonable accommodation if it would
impose an "undue hardship" on the operation of the employer's business. "Undue
hardship," however, is a difficult standard to meet. Basically, the employer must show
significant difficulty or expense in light of factors such as the employer's size, financial
resources and the nature and structure of its operations.
5. Under the ADA, it is the employee's obligation to request an accommodation but, once
an accommodation is requested, it is the employer's obligation to engage in an
"interactive process" with the employee to determine if a reasonable accommodation is
possible and to determine an appropriate reasonable accommodation.
If an employee qualifies for accommodation under the ADA and a reasonable
accommodation can be provided, the employer must provide the accommodation.
Additionally, any form of retaliation against the employee for invoking or attempting to
invoke ADA rights is strictly prohibited.
Again, there are a number of issues related to the ADA that cannot be covered in this
memorandum. These include, but are not limited to, prohibitions against inquiring about the
existence, nature or severity of a disability on job applications or during job interviews, medical
examination related to job offers, proper handling of employee medical and health-related
records and protection under the ADA for alcohol and/or drug treatment (not alcohol or drug
use).
A Word on Confidentiality
Employee medical and health-related issues are confidential. Any discussion of medical and
health-related issues must only be on a "need to know" basis - that is, you may only discuss an
employee's medical or health-related matters with other managers or employees who "need to
know" about the situation in order to conduct the County's business. It is not ok to discuss
medical or health-related matters with other managers or employees who are not among those
who "need to know" about the situation. It is always ok to disclose information to the appropriate
person or persons in Personnel or Legal to provide notice of or to receive advice regarding a
situation.
Page 6 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit p
Page -7 of _/O
b~
A Word on Retaliation
The only word you need to know here is don't. Extensive legal protection against any form of
retaliation (subtle or otherwise) is given to employees who invoke their rights under family leave
and/or disability laws or who inquire about or attempt to invoke their rights. Any form of
retaliation against an employee who invokes, attempts to invoke or inquires about his or her
rights under family leave and/or disability laws is strictly prohibited.
Ill. CHECKLIST OF WHEN DEPARTMENT HEADS, MANAGERS AND SUPERVISORS
ARE REQUIRED TO REPORT TO AND CONSULT WITH PERSONNEL/LEGAL
COUNSEL REGARDING EMPLOYEE HEALTH MATTERS.
As discussed above, family leave and ADA laws are complicated and often are difficult to
interpret in a particular situation. However, the legal consequences for failing to comply with the
laws, whether done intentionally or unintentionally, can be significant. Department heads,
managers, and supervisors are not expected to become experts on or to know in depth the
requirements of leave or disability laws. Department heads, managers, and supervisors are,
however, expected to have a basic understanding of these laws and, more importantly, to be
able to identify situations that might implicate one or more of the leave and/or disability laws and
to bring those situations to the attention of Personnel/Legal Counsel for consultation.
The following is a list of situations in which a department head, manager or supervisor is
required to report the situation and circumstances to Personnel/Legal:
1. Any employee absence of more than three consecutive calendar days
2. Any request for time off (in the future) for any medical or health-related reason of
the employee.
3. Any request for time off (current or in the future) for any medical or health-related
reason of any family member of the employee.
4. Any time off or request for time off for any surgery (in-patient or out-patient).
5. Any time off or request for time off related to pregnancy/pre-natal issues.
6. Any request for time off (male or female employee) to stay home with a newborn
child.
7. Any request for time off related to the adoption of a child.
8. Any request for time off related to a foster child.
9. Any employee request for an "accommodation" (light duty, different duties, different
work schedule, time off, etc.), for any medical or health-related issue.
It is important to note that employees do not have to specifically request family leave or use any
magic words such as "Family Medical Leave," "ADA," "Accommodation," etc. It is the
responsibility of managers to recognize that a situation might involve these laws and to follow-
up appropriately.
Page 7 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit 'D
Page of l0
.j
One other thing should be noted. Even if an employee does not qualify for leave or
accommodation under family leave or ADA laws, other laws, County policies or union contracts
might come into play. Employees generally are permitted to take time off for accrued leave.
Also, under certain circumstances, employees might be permitted to take a leave of absence,
even if the leave is not "protected leave" under the law.
If in doubt, ask. You are not expected to and should not make these decisions on your own.
Resources are available through Personnel and Legal Counsel to help address situations and to
help decide the correct course of action in a particular situation.
This memo has been prepared to provide general guidelines to department heads, managers
and supervisors regarding Family Leave and ADA issues. If you have specific questions about
the law or about a particular situation, you should feel free to call Personnel or Legal.
MPA/Ijk:ah
Page 8 of 8 - Memo Regarding Family Leave and Americans with Disabilities Act Reporting Requirements for
Department Heads, Managers and Supervisors
March 2006
Exhibit /D
Page of
Message
Bonnie Baker
.Vt
From: Bonnie Baker
Sent: Friday, March 17, 2006 9:48 AM
To: -Department Heads
Cc: Charity Hobold; Tracy I Goodman; Keith MacNamara; Mark Amberg
Subject: Family Leave - ADA Memo
Please review the attached memo from Mike Maier regarding family leave and the Americans with Disabilities Act.
Thanks.
Bonnie
Page 1-of 1
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