This policy formally implements the
provisions of the Federal Family and Medical Leave Act of 1993 (FMLA).
Employer ABC will provide up to 12
weeks of unpaid leave of absence in a 12-month period as required by FMLA upon
request by an eligible employee for:
·Birth and first-year care of a child,
·Adoption or foster placement of a
·Care of a spouse, child, or parent with
a serious health condition; or
·The employee's own serious health
Twelve-month period defined: A rolling
12-month period measured from the date an employee uses any Family and Medical
Child defined: A biological, adopted
son or daughter, foster son or daughter, stepchild or child of a person
standing in loco parentis, who is under 18 years of age or 18 years of age or
older and dependent upon the employee for support by reason of a mental or
Eligible employee defined: Any person
employed by ABC for at least months.
Health care provider defined: A
physician of medicine or osteopathy authorized to practice medicine or surgery
(as appropriate) by the State in which the physician practices, or any other
person determined under the Act to be capable of providing health care
Incapable of self care defined: The
individual requires constant assistance and supervision to provide daily
Intermittent leave defined: Leave taken
in separate periods of time due to a single illness or injury.Leave of periods can be from one hour or more
to several weeks.
Key employee: A salaried FMLA-eligible
employee in the highest paid 10% of all employees of ABC.
Parent defined: The biological parent
of an employee or an individual who stood in loco parentis to an employee when
the employee was a child.
Reduced leave: A leave that reduces an
employee’s number of hours worked per workweek or workday.
Serious health condition defined: An
illness, injury, impairment, or physical or mental condition that requires
in-patient hospital care, hospice or residential medical care facility; or
continuing treatment by a health care provider.
Spouse defined: A husband or wife as
defined or recognized under state law.
If both the husband and wife are
employees, a combined total of twelve weeks of leave in a twelve month period
is permitted if the leave is for the birth and first year care of a child,
adoption or foster placement of a child, or to care for a common parent with a
serious health condition.
Leave for birth, adoption or foster
care placements of a child can begin before the birth or placement of the
child.Entitlement to this leave expires
12 months after the date of birth or placement.
Leave taken to care for a spouse, child
or parent with a serious health condition or for the serious health condition
of the employee may be taken intermittently when medically necessary.
If an employee requests an intermittent
leave, ABC can require the employee to transfer temporarily to an alternative
position that accommodates the leave better than the employee’s position.The employee will be qualified and receive
the equivalent pay and benefits.
Requests for a leave require a written
request to the appropriate supervisor.Employees shall give ABC days advanced notice of the need due to the
birth or adoption of a child or foster care, or for planned medical
treatment.When advance notice is not
practicable, notice will be given as soon as the employee knows he/she will
need a leave.
Requests for leave for serious health
condition will be supported by a written medical certification from an
appropriate health care provider.Certification shall be provided within calendar days of the leave request.ABC reserves the right to require employees
obtain the second opinion of a health care provider designated or approved by
ABC.ABC will pay any costs resulting
from the second opinion.If the second
opinion differs from the first opinion, ABC will require, at its expense, a
third opinion from a health care provider designated and approved by the
employee and ABC.During the leave, ABC
can request additional medical certification no more than every days.Employees on a personal illness leave shall provide evidence of fitness
to return to their duties.
An employee returning from leave will
return to the position held before the leave, or to an equivalent position
(benefits, pay, and other terms and conditions of employment).However, ABC may deny restoration of employment
if denial is necessary to prevent substantial and grievous economic injury to
During the leave, ABC will maintain the
employee's group health insurance plan at the pre-leave level and conditions
and ABC will pay its share of the employee's group health insurance.The employee will make arrangements with
Benefits to pay his/her share of the cost of benefits.Benefits will cancel any benefit if the
employee has not made appropriate payment after such payment is past due for 30
days.The employee is obligated to repay
ABC any health insurance premiums ABC pays for the employee if the employee
does not return to work.Exception: The
reason for not returning to work is due to the continuation, recurrence or
onset of a serious health condition that would entitle the employee to leave
under this policy.ABC will continue to
cover the cost of group-life insurance, accidental death and dismemberment
insurance, and long-term disability insurance otherwise provided to employee
during a leave when the leave is due to the serious health condition of the
Employees taking leave under this
policy must exhaust any available sick leave, annual leave and/or personal
leave prior to taking leave without pay for the balance of the twelve-week
Employer ABC reserves the right at
anytime to modify, alter, or amend this Policy in whole or in part.ABC shall have the unlimited right to amend
this Policy at any time, retroactively or otherwise, and to the extent that may
be necessary to meet any legal requirement(s).