Family and Medical Leave Act (FMLA)

Employees  who  meet  each  of  the  following  conditions  are  eligible  for  unpaid  FMLA leave:

(1)       have worked 12 months of prior service;

(2)       have  worked  at  least  1,250  hours  during  the  12  months  immediately preceding the date on which FMLA would commence; and

(3)       work at a location where at least 50 employees are employed (or where at least 50 employees are employed within a 75-mile radius).

 

(1)       Parental Leave – Leave needed by the employee to care for or bond with the employee’s child (or a child to whom the employee will stand in loco parentis) within 12 months of the birth or placement for adoption or foster care of the child.

(2)       Serious Family Illness Leave – Leave needed by the employee in order to care for  a spouse, child or parent who has  a serious  health condition (as defined below and/or by law).

(3)       Serious Personal Illness Leave – Leave needed by the employee because of  a  serious  health  condition  which  renders  the  employee  unable  to perform the essential functions of his job.

(4)       Qualifying  Military  Exigency  Leave  –  Leave  needed  by  the  employee because of a qualifying military exigency related to covered active duty, or a call to active duty status, of the employee’s spouse, child or parent.  This leave   applies   to   family   members   of   regular   Armed   Forces   service members,   reservists   or   National   Guard   members   called   into   federal service, and retired members of the regular Armed Forces.

(5)       Service member Family Leave – Leave needed by the employee to care for  a  spouse,  child,  parent  or  next-of-kin  (nearest  blood  relative  of  the service  member)  who  is  a  member  of  the  Armed  Forces  (including  a member  of  the  National  Guard  or  Reserves  and  those  on  the  temporary disability retired list) who has a serious injury or illness (1) incurred in the line  of  duty  on  active  duty  for  which  he  or  she  is  undergoing  medical treatment,  recuperation, or  therapy; (2)  otherwise  in outpatient  status; or (3) otherwise on the temporary disability retired list.

 

(1)       Serious health condition:  A serious health condition is an illness, injury, impairment or physical or mental condition which involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition which 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 three (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 serious health condition.

An  employee’s  on-the-job  injury  will  usually  also  qualify  as  a  serious health condition.  In this instance, the Company will designate the leave of absence due to an on-the-job injury as FMLA.  The leave of absence will begin to run from the beginning of the absence caused by the on-the-job injury  and  will  run  simultaneously  with  any  worker’s   compensation benefits that also may be provided the employee.

Employees may also qualify for Short-Term Disability benefits while on FMLA.   Although   an   employee   may   receive   Short-Term   Disability benefits, the leave is still considered and counted as FMLA.

(2)       Qualifying Exigencies:  Qualifying exigencies which may qualify for FMLA include: (1) short-notice deployment; (2) military events and related activities; (3) non-routine childcare and school activities; (4) non- routine financial and legal arrangements; (5) related counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional qualifying activities.

(3)       Covered service member:  A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty which may render the service member medically unfit to perform his duties for which he is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list.

 

(1)       In General – Except in cases of Service member  Family Leave, eligible employees are entitled to a total of 12 weeks of FMLA during any “rolling backward” 12-month period (measured backward from the date the FMLA sought by the employee would begin).

(2)       Service member Family Leave – Eligible employees are entitled to a total of 26 weeks of leave in a single 12-month period.   This 12-month period begins  on  the  first  day  an  eligible  employee  takes  FMLA  to  care  for  a covered service member and ends 12 months after that date.  No more than a total of 26 weeks of all FMLA types of leave may be taken in a single 12-month period.

(3)       Married  Employee  Couples  –  In  cases  where  both  husband  and  wife work  for  the  Company,  they  will  be  eligible  for  a  combined  total  of  12 weeks  of  FMLA  for  the  birth  or  placement  of  a  child,  or  to  care  for  a parent  with  a  serious  health  condition  (not  parent-in-law).   Similarly,  if both husband and wife work for the Company, they will be eligible for a combined total of 26 weeks of leave for Service member Family Leave or for  Service  member  Family  Leave  combined  with  any  other  type  of FMLA.

(4)       Intermittent  Leave  or  Reduced  Work  Schedule  Leave  –  Qualifying Military Exigency Leave may be taken intermittently, in separate blocks of time (no less than one hour), or on the basis of a reduced leave schedule under which an employee’s  usual working hours  each day or each week are reduced.   When medically necessary, other types of FMLA may also be taken intermittently, in separate blocks of time (no less than one hour), or  on  the  basis  of  a  reduced  leave  schedule  under  which  an  employee’s usual working hours each day or each week are reduced.   The Company does not grant intermittent or reduced leave schedule FMLA for the birth or placement of a child.

 

(1)       Notice   and   Scheduling   of   Leave   –   Employees   must   provide   their supervisor  or  Human  Resources  with  at  least  thirty  (30)  days  notice whenever the need for the leave is foreseeable (such as when the leave is for  an  expected  birth  or  placement  for  adoption  or  for  planned  medical treatment).   For planned medical treatment, employees must consult with the  supervisor  or  Human  Resources   and  make  reasonable  efforts   to schedule  the  treatment  so  as  to  minimize  the  impact  of  the  employee’s absence on the operations of the Company and their fellow employees.  In cases  where  the  need  for  leave  cannot  be  anticipated  thirty  (30)  days  in advance, the employee must give notice of the need for leave as soon as practicable  (meaning  the  same  or  next  business  day).    

 

Failure to give proper  notice   of   the   need   for   FMLA   may   result   in   delay   of   the commencement of leave, and may result in the absences counting against the employee for attendance and/or disciplinary action purposes.

 

Employees  are  also  expected  to  comply  with  the  Company’s  or  his/her department’s    normal    call-in    procedures    when    reporting    absences, including, but not limited to, absences which are covered by the FMLA.

 

Employees  must  contact  their  supervisor  or  Human  Resources  every Friday during FMLA.

 

Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.

 

FMLA  leave  will  not  be  granted  so  that  an  employee  can  work  or  seek employment   with   any   other   entity,   including   self-employment.      In addition,  it  is  the  Company’s  policy  that  employees  are  prohibited  from working  any  supplemental/secondary  job,  including  a  second  job  within the  Company,  during  any  type  of  leave,  including,  but  not  limited  to, FMLA leave, intermittent FMLA leave and non-FMLA medical leave.

 

(2)       Documentation   –   The   Company   requires   that   employees   provide documentation  to  support  the  need  for  FMLA  leave.    Employees  must obtain these documents from the supervisor or Human Resources.  FMLA for  a  serious  health  condition  will  require  the  employee  to  submit  a completed health care provider certification within 15 calendar days.   For Service  member  Family  Leave  requests,  we  will  also  accept  invitational travel orders (ITOs) or invitational travel authorizations (ITAs) issued by the Department of Defense.

Failure to provide the required medical certifications may result in denial of  FMLA  or  other  leave,  automatic  re-designation  of  the  leave  as  other than   FMLA,   or   treatment   of   the   absence   in   accordance   with   the attendance/disciplinary policy.

In the case of Qualifying Military Exigency Leave, a copy of your family member’s   active   duty   orders   and   documentation   of   the   qualifying exigency will be required.

a.   Eligibility Notice – We will generally notify you of your eligibility to take FMLA Leave.  If you are not eligible, we will tell you why.

b.   Designation  Notice  – Once we have determined whether your  leave qualifies  as  FMLA,  we  will  notify  you  of  our  determination  with  a Designation Notice.

c.   Recertification – The Company will request medical recertification of the serious  health condition in accordance with the  FMLA  statute or regulations.    We  may  also  provide  your  health  care  provider  with information  about  your  attendance  and  ask  the  provider  to  evaluate whether  your  attendance  pattern  is  consistent  with  the  need  to  be absent for the condition in question.

d.   Second  and  Third  Opinions  –  The  Company  may  also  require  the employee  to  obtain  a  second  opinion  and  third  opinion  as  to  the medical condition.  We will let you know if such is required.

e.   Employee Notices  During Leave  – During  FMLA  leave  employees must contact their supervisor or Human Resources   every other Friday to discuss the employee’s leave status and intent to return to work.

 

An  employee  on  approved  Family  and  Medical  Leave  may  continue  group  health insurance coverage during the leave by paying the employee’s normal share of the cost of such coverage during the leave on or before the date when payroll deductions for such costs  would  normally  be  made.   Failure  to  pay  the  employee’s  share  of  the  premium when due will result in elimination of coverage after thirty (30) days.  In addition, should the Company make any premium payments on the employee’s behalf, the employee must reimburse the Company for the entire amount.

 

An  employee  must  use  any  available  paid  time  off,  such  as  vacation,  sick  time,  or personal time off, as a part of any unpaid qualified FMLA.  Employees are only required to  use  available  paid  time  off  if  the  employee’s  absence  would  otherwise  qualify  for benefits pursuant to the terms of the applicable policies.

Crediting of Benefits While on Leave

 

Benefits  such  as  sick  pay  and  vacation  do  not  accrue  for  employees  who  are  out  on unpaid leave.   Similarly, employees  do not receive  holiday pay for  holidays  that occur while the employee is on unpaid leave.

 

(1)       Request  for  Reinstatement  –  An  employee  returning  from  FMLA  for his/her  own  serious  health  condition  should  notify  his/her  supervisor  of availability  immediately  upon  being  released  to  return  to  work  by  the employee’s health care provider.  Failure to do so within two (2) working days  of release  to work may subject  an employee  to disciplinary  action. The employee should also provide the Company with a certification from the  health  care  provider  confirming  the  employee’s  fitness  to  return  to his/her  normal  duties  or  identify  any  specific  limitations  placed  on  the employee  as  to  performing  his/her  job  duties.     Failure  to  provide  a requested    fitness-for-duty    certification    may    result    in    denial    of reinstatement until this certification is provided.  An employee desiring to return  from  FMLA  leave  prior  to  the  date  the  leave  was  due  to  expire, must also give written notice to his/her supervisor of the desire to return to work at least two (2) working days, prior to the desired return date.

(2)       Reinstatement  –  An  employee  returning  from  FMLA  will  normally  be reinstated  to  the  position  held  by  the  employee  at  the  time  the  leave commenced or to an equivalent position.  However, an employee returning from   FMLA   leave   will   have   no   greater   right   to   employment   or reinstatement  to  a  specific  position  than  an  employee  who  had  been continuously employed.

(3)       Questions and Forms: Should an employee have any questions about the FMLA, he or she should consult with the supervisor or Human Resources.