Family and Medical Leave Act (FMLA) Policy

Basic FMLA And Active Duty Leave
Provided certain requirements are met, employees with at least one year of service and who have worked at least 1,250 hours during the previous 12-month period may be entitled to up to 12 workweeks of leave (ordinarily unpaid). Leave is available during a rolling 12-month period and is measured backward from the date the leave first begins, under the following circumstances:

1. For birth of a child and to care for such child, or placement, or adoption, or foster care of a child.
2. To care for a spouse, a same-sex or opposite-sex domestic partner, a child younger than age 18, a child 18 and older if incapable of self-care, or a parent with a serious health condition.
3. Because of a serious health condition which renders the employee unable to work.
4. Any qualifying exigency arising out of the fact that a spouse, same-sex or opposite-sex domestic partner, child or parent, defined as a covered military member, is on active duty (or has been notified of an impending call or order to active duty) in the National Guard or Reserves. This includes retired members of the armed forces or reserves that have been notified of an impending call or order to active duty in support of a contingency operation.

Military Caregiver Leave
An employee may take military caregiver leave to care for a spouse, same-sex or opposite-sex domestic partner, child, parent or next of kin who is a current member of the armed forces, including the National Guard and Reserves, who is undergoing medical treatment, recuperation or therapy; is in outpatient status, or is on the temporary disability retired list due to a serious injury or illness. A serious illness or injury means an injury or illness incurred by a covered service member in the line of duty on active duty that may render him or her medically unfit to perform the duties of his or her office, grade, rank, or rating.

Eligible employees are entitled to a total of 26 workweeks of unpaid military caregiver leave during a single 12-month period. This 12-month period begins on the first day an eligible employee takes military caregiver leave and ends 12 months after that date.

The military caregiver leave applies on a per-covered service member, per-injury basis. However, no more than 26 workweeks of leave may be taken within a single 12-month period by any covered employee. Even in circumstances where an employee takes other leave under the Basic FMLA and Active Duty Leave section above, the combined leave shall not exceed 26 workweeks during that 12-month period.

Definitions
A serious health condition refers to an illness, injury, impairment, or physical or mental condition that involves 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 his or her 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 one the following circumstances:

• A period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider, or one visit and a regimen of continuing treatment.
• Incapacity due to pregnancy.
• Incapacity due to a chronic condition.

Other conditions may also meet the definition of continuing treatment.

A qualifying exigency refers to the following circumstances that may arise out of active duty or call to active duty:

• Short-notice deployment: To address issues arising when the notification of a call or order to active duty is seven days or less.
• Military events and related activities: To attend official military events or family assistance programs or briefings.
• Childcare and school activities: For qualifying childcare and school-related reasons for a child, legal ward or stepchild of a covered military member.
• Financial and legal arrangements: To make or update financial or legal affairs that address the absence of a covered military member.
• Counseling: To attend counseling provided by someone other than a health care provider for oneself, the covered military member, or child, legal ward or stepchild of the covered military member.
• Rest and recuperation: To spend up to five days for each period in which a covered military member is on a short-term rest leave during a period of deployment.
• Post-deployment activities: To attend official military-sponsored ceremonies or programs up to 90 days after a covered military member's active duty terminates or to address issues arising from the death of a covered military member while on active duty.
• Additional activities: For other events where the company and the employee agree on the time and duration of the leave.

Notice Of Need For FMLA Leave
All employees are required to comply with the company's usual and customary requirements for requesting leave, unless unusual circumstances exist. If the leave is foreseeable (e.g., birth or placement, planned medical care, leave due to active duty of an immediate family member), the employee must provide at least 30 days of advance notice. If circumstances prevent the employee from providing 30 days of notice, then he or she should provide as much notice as possible (ordinarily the same or next business day). If an employee fails to give the required notice for foreseeable leave without a reasonable excuse, the employee may be denied the leave until an adequate notice of the need for leave is given. Employees should make every reasonable effort to schedule medical treatments so as not to disrupt the ongoing business operations.

Employees must provide sufficient information, including the anticipated timing and duration of the leave, for the company to determine if it qualifies for FMLA protection. Generally, calling in "sick" is not sufficient notice. Employees also must inform the company if the requested leave is for a reason for which FMLA was previously taken or certified.

Documentation Supporting FMLA Leave
Employees must provide a completed FMLA Certification of Health Care Provider Form that supports their need for leave. A request for reasonable documentation of family relationship verifying the legitimacy of FMLA leave may also be required. The employee will have 15 calendar days to return a completed certification form following the request for such certification. If the employee fails to provide timely certification, he or she may be denied taking the leave under FMLA. If the certification form is incomplete or insufficient, an employee will be given written notification of the information needed and will have seven calendar days upon receipt of such written notice to provide the necessary information. If there is reason to doubt the validity of the medical certification, a second opinion regarding the health condition may be required at the expense of the company. If the original certification and the second opinion differ, a third opinion, at the expense of the company, may be required. The opinion of the third healthcare provider, which the company and the employee jointly select, will be the final and binding decision.

A request for active duty leave must be supported by the Certification of Qualifying Exigency for Military Family Leave Form as well as appropriate documentation, including the covered military member's active duty orders. A request for military caregiver leave must be supported by the Certification for Serious Injury or Illness of a Covered Service Member Form as well as any necessary supporting documentation.

Intermittent FMLA leave
Intermittent leave may be available depending upon the serious health condition of an employee or an employee's immediate family member. Military caregiver leave may be taken intermittently or on a reduced-leave schedule when medically necessary. Employees taking intermittent leave must follow the company's standard call-in procedures unless unusual circumstances exist. The employee must, however, make a reasonable effort to schedule medical treatment so as not to disrupt unduly business operations. Further, if the need for leave is foreseeable based on planned medical treatment, the company reserves the right to transfer the affected employee temporarily to an alternate position with equivalent pay and benefits for which the employee is qualified, if the transfer better accommodates the requested leave.

Recertification
Under certain circumstances as provided by law, including but not limited to situations in which the need or nature of the approved leave changes, the company may, in its sole discretion, require recertification of the serious health condition. The company may also request recertification for each year in which FMLA leave is taken for any serious health condition that lasts longer than one year. In these situations, an employee will have 15 calendar days to provide, at their own expense, a completed recertification form.

Substitution Of Paid Leave
Employees are required to substitute and exhaust accrued paid leave (e.g., vacation, ChoiceTime and STD) as part of the FMLA entitlement. Such substituted paid time will run concurrently with, and be applied against, the 12 workweek maximum. After paid leave is exhausted, the remainder of the leave will be unpaid.

Benefits During FMLA Leave
During the FMLA leave period, coverage through the group health insurance plan, if any, will be maintained at the level and by the conditions covered as if the leave had not been taken. Employees will be required to continue to pay their portion of any applicable premiums as if they had not taken leave. Failure to do so may result in loss of coverage, pursuant to law. If an employee fails to return to work for at least 30 days after expiration of the leave, the company reserves the right to recover premiums paid, if any, to maintain employee coverage during the leave period under circumstances provided by law.

Interaction With State Military Leave Laws
Certain states require employers to provide greater or different job-protected leave to family members of persons in the military. When applicable, the company complies with all such military family leave laws. When leave provided by one of these laws is covered by the federal FMLA, it also shall count toward the employee's federal FMLA entitlement and leave. These military-related family-leave laws vary by state, and employees should contact Human Resources with any questions.

Return To Work
As a condition of returning to work from a leave for the employee's own serious health condition, the employee must timely present a certification from his or her health care provider that states the employee is able to perform the essential functions of his or her position. Restoration will be denied until the certification is presented. An employee returning from FMLA leave, who has complied with its terms, generally will be restored to the same or an equivalent position to what he or she held prior to the leave. A returning employee does not, however, have a greater right to restoration or other benefits than if the employee had been continuously employed during the leave period. Employees are to notify Human Resources of their intent to return to work at least two weeks prior to the anticipated date of return.

Acknowledgment
The foregoing Family and Medical Leave Act Policy has been drafted to comply with the Family and Medical Leave Act of 1993, as amended, and its Nov. 17, 2008 Rules and Regulations (effective Jan. 16, 2009) published by the Department of Labor. This law, and its rules and regulations, consist of more than 100 pages. Hence, it is not possible to address all possible issues that might arise in this policy. Suffice it to state that the company will, in its discretion, apply and interpret this policy consistently with the law, its rules, and persuasive case law. As with all other policies, the company reserves the right to revise and change this policy, at any time, in its sole discretion.