The function of this policy is to provide employees with a general description of their rights under the Family and Medical Leave Act. In the event of a conflict between this policy and the applicable law, employees will be afforded all rights required by law.
Eligibility Requirements
Employees are eligible for FMLA leave if they have worked for the Company for at least 12 months, have 1,250 hours of service in the previous 12 months, and if at least 50 employees are employed by the Company within 75 miles.
Basic Leave Entitlement
Employees eligible for FMLA leave may take 12 weeks of unpaid, job-protected leave during a rolling 12-month period for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or child birth;
- To care for the employee’s child after birth, or placement for adoption or foster care;
- To care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or
- For a serious health condition that makes the employee unable to perform the employee’s job.
Leave for reason (2) must be completed within the 12-month period beginning on the date of birth or placement. In addition, spouses employed by the Company who request leave because of reason (2) or to care for an ill parent, may only take a combined aggregate total of 12 weeks leave for such purposes during any 12-month period.
You may not be granted FMLA leave to gain employment or work elsewhere, including self-employment. If you misrepresent facts to be granted FMLA leave, you will be subject to immediate termination.
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active duty or called to covered active duty status may use their 12-week leave entitlement (during the rolling 12-month period) to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service- member during a single rolling 12-month period. 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*; or (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 covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. Spouses employed by the Company may only take a combined aggregate total of 26 weeks of leave.
Definition of Serious Health Condition
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 functions 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 may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.”
Use of Leave
Leave because of a serious health condition, for care of a seriously ill family member, a serious injury or illness of a service member, or qualifying exigencies may be taken intermittently (in separate blocks of time due to a single covered health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. In addition, while you are on an intermittent or reduced schedule leave for foreseeable, planned medical treatment, the Company may temporarily transfer you to an available alternative position which better accommodates your recurring leave and which has equivalent pay and benefits.
Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations.
Substitution of Paid Leave for Unpaid Leave
All FMLA leave is unpaid leave. If you request leave under the FMLA for any reason other than your own serious health condition, any available paid vacation you have must first be substituted and used for that unpaid leave. If you request leave because of your own serious health condition, all available paid time off must be taken prior to unpaid time off.
In addition, short-term and/or long-term disability insurance may apply as part of the 12-week leave period when the leave is requested due to your serious health condition or the birth of a child. The substitution of paid leave time for unpaid leave time does not extend the leave period beyond the 12-week or 26-week maximum allowance.
FMLA leave will run concurrently with any other applicable leave, to the extent allowed by law. For instance, vacation, sick, or workers’ compensation leave will be simultaneously designated as FMLA leave as well, if the leave is also FMLA-qualifying.
Employee Responsibilities – Notice and Certification
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable. Absent unusual circumstances, you must comply with the Company’s customary notice requirements for requesting leave.
The company utilizes a third party administrator for all FMLA leave, UNUM. An employee should contact UNUM directly to initiate a claim. UNUM can be reached at 888-215-1720.
Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the 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.
If you are requesting leave because of your own or a covered family member’s serious health condition, or a covered service member’s serious injury or illness, you and the relevant health care provider must supply appropriate medical certification. You may obtain a Certification of Health Care Provider form from UNUM. The medical certification must be returned within 15 days after it is requested, or as soon as reasonably possible under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial or delay of leave. It is the employee’s responsibility, not the health care provider’s, to ensure that the Company receives the fully completed medical certification by the deadline. If the Company does not receive a fully completed certification by the deadline (unless there is a legitimate reason for delay), or if the certification does not confirm an FMLA-qualifying condition, the employee’s absences will be treated according to the Company’s regular attendance standards.
The Company, at its expense and where allowed by law, may require an examination by a second health care provider designated by the Company. If the second health care provider’s opinion conflicts with the original medical certification, the Company, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion.
If you are requesting leave because of a “qualifying exigency” you must supply appropriate certification. You may obtain a Certification for Qualifying Exigency for Military Family Leave form from Human Resources.
Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.
Employees may be required to provide periodic recertification supporting the need for leave.
Administrator Responsibilities
Once a request for FMLA leave is made, UNUM will notify you whether you are eligible for leave. If you are not eligible, UNUM will provide a reason for the ineligibility.
Benefits and Protections
During an approved leave, the Company will maintain your health benefits, as if you continued to be actively employed. If paid leave is substituted for unpaid leave, the Company will deduct your portion of the health plan premium as a regular payroll deduction. Elected optional benefit premiums will accrue during leave. Your premium payment may be adjusted upon return to ensure full payment of all elected optional benefits. If you do not return to work at the end of the leave period, you may be required to reimburse the Company for the cost of the premiums paid by the Company for maintaining coverage during your unpaid leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.
If you wish to return to work at the expiration of your leave, you are entitled to return to your same position or to an equivalent position with equal pay, benefits and other terms and conditions of employment, subject to any applicable exceptions. You must return to work immediately after the expiration of your approved FMLA leave in order to be reinstated to your position or an equivalent position. However, you have no greater right to reinstatement or other benefits and conditions of employment than if you had not taken leave.
Certain “key” employees (i.e., a salaried employee who is in the highest paid 10% of employees at a worksite or within a 75-mile radius of that worksite) may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial economic injury to the Company. The Company will notify you if you qualify as a “key” employee, if the Company intends to deny reinstatement, and of your rights in such instances.
If you take leave because of your own serious health condition, you are required to provide medical certification that you are fit to resume work. To the extent that the employee has medical restrictions, the Company will attempt to provide reasonable accommodations to assist the employee in performing the essential functions of their job. As required by DOT regulations, DOT employees will also be required to have a DOT medical exam to ensure their DOT medical certificate is still valid. Employees failing to provide proper documentation will not be permitted to resume work until it is provided.
Non-discrimination and Non-retaliation Provision
The Company will not interfere with, restrain, or deny the exercise of any right provided under FMLA, nor will it 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.
State Leave Laws
To the extent that leave laws in your state contradict this policy or provide additional leave, the state leave law will be followed by the Company.
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