FEDERAL FAMILY AND MEDICAL LEAVE

Due to our current number of employees this is currently not applicable

Eligible employees may take up to 12 weeks of unpaid family/medical leave within a 12-month period and be restored to the same or an equivalent position upon their return to work.

To be eligible for family/medical leave, you must satisfy both of the following conditions:

1) Worked for the company for at least 12 months and for at least 1,250 hours in the past 12 months; and

2) Worked at a worksite that has 50 or more employees within 75-miles of another worksite at the time you request the leave.

Eligible employees may take family/medical leave for any of the following reasons:

1) The birth of your child and to care for such child;

2) The placement of a child with you for adoption or foster care, and in order to care for the newly placed son or daughter;

3) To care for a spouse, child, or parent ("covered relations") with a serious health condition; and

4) Because of your own serious health condition that renders you unable to perform an essential function of your position.

 

Any leave due to the birth and care of a child or the placement of a child for adoption or foster care, and care of the newly placed child, must be completed within one (1) year of the date of birth or placement of the child.

If you request leave because of a birth, adoption or foster care placement of a child or to care for a covered relation with a serious health condition, any accrued paid vacation, personal days or family leave must be used first as part of your family/medical leave.

If you request leave because of your own serious health condition or to care for a covered relation with a serious health condition any accrued paid vacation, personal days, family leave or medical or sick leave must be used first as part of your family/medical leave.

The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Also, your family/medical leave may run concurrently with other types of leave.

During an approved family/medical leave, the company will maintain your health benefits under the same terms and conditions applicable to employees not on leave.

-  If paid leave is substituted for unpaid family/ medical leave, the company will deduct your portion of the health plan premium as a regular payroll deduction.

-  If your leave is unpaid, you must pay your portion of the premium by making arrangements with the office manager or payroll supervisor.

 

-  Your health coverage will cease if your premium payment is more than 30 days late. If your payment is more than 15 days late, we will send you a letter to this effect. If we do not receive your co-payment within 15 days of this letter, your coverage may cease.

If you elect not to return to work at the end of the leave for at least 30 calendar days, you will 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 because of other circumstances beyond your control.

When spouses are employed by this company, they are entitled to a combined total of 12 weeks' leave: ( 1 ) for birth, adoption, or foster care and in order to care for such a child; or (2) to care for a parent with a serious health condition. Each individual is entitled to 12 weeks' leave because of his/her own serious health condition or to care for the serious health condition of his/her child or spouse without counting leave time taken by the other spouse.

Leave due to a serious health condition may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. If the leave is unpaid, the company will adjust your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced- schedule leave, the company may temporarily transfer you to an available alternate position that better accommodates your recurring leave and that has equivalent pay and benefits.

You must complete the appropriate family/medical leave forms. These forms are available from the office manager or payroll supervisor.

If your need for family/medical leave is foreseeable, you must give 30 days' prior written notice. If this is not possible, you must give notice to the office manager or payroll supervisor as soon as practicable (within 1 or 2 business days of learning your need for leave). Failure to provide such notice may be grounds for delay of leave. If your need is because of a planned medical treatment, attempt to schedule the treatment to avoid disrupting the company's operations.

Medical Certification For A Serious Health Condition

If you are requesting leave because of your own or a covered relation's serious health condition, the appropriate health care provider must supply medical certification. Obtain a medical certification form from the office manager or payroll supervisor. If possible, you should provide the medical certification 15 days after you request leave. If you provide at least 30 days notice of your need for medical leave, you should provide the medical certification before your leave begins. If you do not provide the required medical certification in a timely manner, your leave may be delayed until it is provided.

The company, at its expense, may require an examination by a second healthcare provider designated by the company, if it reasonably doubts the medical certification you initially provide. 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, healthcare provider to conduct an examination and provide a final and binding opinion. The company may require subsequent medical recertification. Failure to provide requested certification within 15 days if such is practicable, may result in delay of further leave until it is provided.

Tracking Your Leave

The 12-month period in which 12 weeks of leave may be taken will be tracked based on the first day of the FMLA leave.

Reporting While on Leave

If you take leave because of your own serious health condition or to care for a covered relation with a serious health condition, contact the office manager or payroll supervisor on a prescheduled basis regarding the status of the medical condition and your intention to return to work. In addition, you must give notice as soon as practicable (within two business days if feasible) if the dates of leave change or are extended or initially were unknown.

Returning To Work

If you take leave because of your own serious health condition (except if you are taking intermittent leave), you must provide medical certification that you are able to resume work before you return. Obtain return-to-work medical certification forms from the office manager or payroll supervisor.

Employees failing to complete the return-to-work medical certification form will not be permitted to resume work until it is provided.

Certain highly compensated employees or "key employees" may be denied restoration to their prior or equivalent position. Key employees are those employees who are among the highest paid ten percent of employees within 75 miles of the worksite. Denial is based on the following conditions:

1) The denial is necessary to prevent substantial economic injury to the employee;

2) The employer has notified the employee of its decision to deny restoration should the leave take place or continue; and

3) The employee elects not to return to work after being notified of the employer's decision.

No Work While On Leave

The taking of another job while on family or medical leave or any other authorized leave may lead to disciplinary action, up to and including discharge.

State and Local Family and Medical Leave Laws

Where state or local family and medical leave laws offer more protection or benefits to employees, the protection or benefits provided by such laws will apply.