District attorney cautions against expanding countys family-leave definition to mirror FMLA

An agenda item proposing to expand the county's definition of "family" for paid leave prompted questions from commissioners and a caution from the district attorney. The proposed language would restore wording from an earlier handbook to allow paid sick leave for categories such as grandparents who care for grandchildren.

Lisa Henders, the district attorney's office representative, said the change is legally permissible under state law but does not mirror the Family and Medical Leave Act (FMLA), which governs unpaid leave. "Federal law doesn't require paid vacation at all... This does not mirror FMLA, which is unpaid leave," Henders said. She warned of potential fiscal effects because employees could use paid sick leave instead of annual leave and thereby preserve annual leave balances that carry payout value upon separation.

Board members expressed concern about operational clarity and department-level implementation if the policy is adopted. The chair said the item had been on the prior Budget Evaluation Team agenda and that the current language had been brought forward; commissioners emphasized the need to explain limits and department-specific handling to avoid confusion. No adoption vote was recorded at the meeting; discussion continued and the board recessed into executive session later in the agenda.

The district attorney's caution and commissioners' requests for clarifying guidance were recorded on the public record; staff noted fiscal implications but also said the change was within the board's authority to enact.