|
LEAVES OF ABSENCE
LEAVES OF ABSENCES
Leaves of absence are approved at the discretion of Employee Handbook Website, when
permitted and in accordance with governing state and federal laws. Managers
should contact Human Resources as soon as they become aware of a need
for a leave of absence.
Types of Leaves
Consistent with eligible criteria, the following types of leaves may be
requested: Family and Medical, Medical and Pregnancy Disability, Personal,
Military, Jury/Witness, Bereavement and other applicable leaves.
Family and Medical Leave Act Policy
Family and Medical leaves of absence, or FMLA leaves are available on
an unpaid basis to eligible employees. In order to qualify for a leave,
an eligible employee must (a) have been employed by Employee Handbook Website for at
least 12 months, (b) have worked at least 1,250 hours of service during
the period immediately preceding the commencement of the leave would begin,
and (c) work within a 75-mile radius of 50 or more employees of the company.
An eligible employee may request up to 12 weeks of leave in a 12-month
period to care for newborn child, a newly adopted child, or a spouse/domestic
partner, child or parent who has a serious health condition. An eligible
employee may also request a leave due to a serious personal health condition
that prevents them from performing one or more of the essential functions
of his or her job. The 12-month period used to measure the 12-week limitation
will begin on the date employee begins a FMLA leave.
Advance Notice
Where the need for a leave is foreseeable, the employee should provide
advance notice, preferably in writing and at least 30 days in advance
of the date the leave will begin. The written notification should describe
the reason for the requested leave, the date such leave will begin, and
the expected duration of the leave. If the leave is not foreseeable at
least 30 days in advance, the employee must give as much advance notice
as is practical.
Medical certification must be provided to support a request for a leave
required because of a serious health condition. Failure to provide satisfactory
certification may result in the denial or postponement of a leave.
Any leave of absence that is granted to an employee under this policy
or any other policy for a purpose specified above shall be credited against
the 12-week limit contained in this policy if and to the extent permitted
by state and federal laws.
Offset Provision
Employee Handbook Website intends to administer its leave of absence policies in accordance
with the requirements of all applicable state and federal laws. Instances
may exist where two or more leave of absence policies provide overlapping
protections for an eligible employee. However, it is the general intention
of Employee Handbook Website’s policies to limit employees to the time available
under the single most favorable leave of absence policy and to prevent
employees from exceeding the limitations of that policy. Accordingly,
any leave of absence that is taken by an employee under any policy that
could have been taken under any other policy of Employee Handbook Website (if the employee
had requested the opportunity to do so) shall be credited against the
maximum limit on leaves established in each of the policies that provided
the employee a basis to request a leave.
For example, if an employee takes a leave of absence under the family
and medical leave of absence policy, the time off shall be charged against
the maximum time off available under that policy. Similarly, any leave
of absence taken under the medical leave of absence policy will be charged
against the maximum time off available under both that policy and the
family and medical leave of absence policy if the employee qualifies for
leave under both policies. Exceptions to this offset provision will be
made only where required by law.
Return from Leave
Subject to any exceptions provided by law, an employee will be guaranteed
reinstatement either to his or her former position or an equivalent position
upon completion of the leave, provided the total period of the leave does
not exceed 12 weeks. Employees who take leaves because of their own serious
health conditions must provide medical certification verifying that they
are able to return to work in the same manner as employees who return
from other types of medical leaves.
Effects on Benefits
Health and life insurance benefits ordinarily provided by Employee Handbook Website
and for which the employee is otherwise eligible, will be continued for
the duration of any leave granted under this policy. If the employee is
enrolled in a medical plan option that requires the employee to pay a
portion of the monthly premium, it is the responsibility of the employee
to continue to pay that portion if he or she wishes to continue coverage
during the leave. If an employee does not pay his or her share of the
premiums for the period of the leave, coverage will cease in accordance
with the provisions of the law. The employee may thereafter reinstate
coverage immediately following the leave if the employee resumes payment
of his or her share of the premiums in a timely manner.
Employees may use accrued vacation time for any portion of an unpaid FMLA
leave.
Vacation benefits will stop accruing beginning on the 1st day of leave
and will begin to accrue again when the employee returns to work.
Medical Leave of Absence
Employee Handbook Website will grant any eligible employee who is temporarily disabled
and unable to work due to a medical condition; a leave of absence without
pay for the period of his or her disability, provided such period shall
not exceed four (4) months. The term medical condition as used in this
policy encompasses all temporary medical disabilities, including, but
not limited to pregnancy, childbirth and related medical conditions.
Request for Leave
Where the need for a medical leave is foreseeable, the employee should
provide advance notice, preferably in writing at least 30 days in advance
the date the leave will begin. The written notification should specify
that a need for medical leave exists, the date such leave will begin,
and the expected duration of the disability.
Approval of Leave
Medical certification from the health care provider that verifies the
existence of the medical condition, the anticipated duration of the disability,
and dates the leave is expected to begin and end must be provided to Employee Handbook Website before the leave is approved. An employee who requests such a
leave may be required to provide additional medical certifications from
time to time thereafter in order to provide updated information regarding
his or her condition.
Disability Pay
An employee who is granted a Medical Leave of Absence must utilize any
accrued sick leave benefits and may elect to use accrued vacation benefits
during the period of his or her leave. Time off for a medical leave may
be considered under the Short Term Disability or Long Term Disability
Plans.
The total duration of all absences related to the same medical condition
shall be considered part of the same leave and may not exceed four (4)
months. For purposes of this four-month limitation, any paid and unpaid
portions of the leave shall be added together. In addition, any leave
of absence that is granted to an employee under the Company's Family and
Medical Leave policy due to the employee's medical condition shall be
credited toward the four month limitation contained in this policy if
and to the extent permitted by law.
Effects on Benefits
Health and life insurance benefits ordinarily provided by Employee Handbook Website
and for which the employee is otherwise eligible, will be continued during
the period of disability at the employee’s expense. The cost of dependent
coverage normally borne by the employee will remain the responsibility
of the employee for the entire period of the leave.
Vacation, holiday, and sick leave benefits will not accrue during any
leave of absence.
Return from Leave
Before returning to work from a medical leave of absence, an employee
must provide a written verification from the employee's health care provider
that indicates that he or she is fit to return to work. When determining
whether an employee who is disabled within the meaning of the federal
disability law is able to return to work, the health care provider should
make an individualized assessment of whether the employee can, with or
without reasonable accommodation, perform the essential functions of the
position.
Subject to the exceptions provided by law, employees will be guaranteed
reinstatement from the leaves necessitated by a pregnancy-related disability.
Although Employee Handbook Website is unable to guarantee reinstatement in other cases,
an employee who returns to work at the end of his or her leave of absence
will be returned to his or her former position, if available, or will
be offered the first available opening in a comparable position for which
he or she is qualified. Such an employee will be credited with all the
service prior to the commencement of his or her disability, but not for
the period of his or her disability.
Requests for extensions of a leave of absence will be considered if the
following three criteria are met:
- They are received in writing before the expiration
of the approved leave;
- They are supported by proof of continued disability in the form of
certification by a health care provider; and
- The requested extension does not cause the total period of absence
to exceed four (4) months.
An employee who fails to report for work immediately
following the expiration of an approved leave will be deemed to have voluntarily
resigned.
Personal Leave of Absence
Employees may request a personal leave of absence without pay for a reasonable
period of time up to 30 days. Personal leaves of absence may be extended
due to special circumstances.
Requests for personal leave must be submitted in writing and approved
by the employee's manager, the department head, Human Resources, and the
CEO before the leave begins. Approval of such leaves will beat Employee Handbook Website’s
discretion, and on a case-by-case basis. When considering a request for
personal leave, Employee Handbook Website shall consider the employee's performance,
responsibility level, length of service, the reason for the request, whether
other employees are out on leave, and the potential impact of the leave
on the.
Accrued vacation time, if any, must be used at the beginning of a leave
of absence. The portion of the leave that occurs after all accrued vacation
time has been exhausted shall be without pay.
Vacation, holiday, and sick leave benefits will not accrue during any
leave of absence.
Military
Employees who enter any branch of the Armed Forces of the United States,
the National Guard and/or Reserves, will be granted leaves of absence
in accordance with federal and state laws governing such leaves.
Jury/Witness Duty
Employees will be granted time off when required to perform jury duty
or subpoenaed to appear in any judicial proceeding. If an employee is
required to perform jury duty, the employee will receive full compensation
less the state reimbursement for up to one month.
Full-time employees who are summoned for jury duty will be paid the difference
between their normal rate of pay and the jury duty pay for a period of
up to four weeks. However, in no case will the salary of an exempt employee
be reduced for any week in which the employee works and also misses time
to serve on a jury.
Employees other than regular full-time employees will be provided time
off to spend on jury or witness duty but are ineligible for compensation
for the time spent on jury or witness duty.
Employees should provide reasonable advance notice of his/her jury or
witness duty obligation. Upon return from jury or witness duty, an employee
should provide verification of the leave to Human Resources. If an employee
is excused from jury duty during regular working hours, he or she is expected
to return to his or her job.
Bereavement
In the event of the death of an immediate family member, employees will
be eligible for up to five days off with pay. Immediate family members
include parent, grandparent, sibling, spouse/domestic partner, and child.
If an employee requires more time off, she may request a personal leave
of absence or request to use accrued vacation time.
Other Leaves of Absence
Employees may occasionally need time off from work to address important
matters that are regulated by law. Employee Handbook Website will comply with any such
laws.
|
