682 Family Medical Leave & Military Family Leave

Transcription

1 682 Family Medical Leave & Military Family Leave Effective Date: 10/18/1999 Revision Date: 11/15/2010 PCC Structurals, Inc. complies with all provisions of the Federal Medical Leave Act ("FMLA") and the Oregon Family Leave Act ("OFLA") for all eligible employees. This policy covers leave under both laws (collectively called "FML") for Family Medical Leave, as well as for Military Family Leave. For FML, an eligible employee is generally allowed to take up to twelve (12) weeks of leave in qualifying circumstances during a 12-month leave year. (The terms in italics are explained below.) Eligible Employee An employee who has been employed with PCC Structurals for at least 180 calendar days immediately preceding a leave and who has worked an average of twenty-five (25) hours per week during that 180-day period is eligible for OFLA leave. (The 25-hour requirement does not apply to leave for birth, adoption, or foster placement of a child.) After twelve (12) months in which the employee works at least 1,250 hours, the employee also is eligible for FMLA leave and for Military Family Leave. In Oregon, an employee may be eligible for Oregon military family leave if the employee has worked an average of twenty (20) hours per week. FMLA and OFLA leaves usually run concurrently for employees eligible for both forms of leave. Please contact Human Resources if you have specific questions about eligibility. Qualifying Cirrcumstances for FML Eligible employes may use FML for any of the following purposes: * Serious Health Condition Leave for the employee or to care for a covered family member; * Pregnancy Disability Leave for an employee's own incapacity related to pregnancy or childbirth, including routine prenatal doctor visits; * Parental Leave for birth, adoption, or foster placement of a child; * Sick Child Leave for a non-serious illness or injury of a child requiring home care; or * Military Family Leave for either (a) qualifying exigencies (Qualifying Exigency Leave) or (b) to care for an ill or injured covered service member (Military Caregiver Leave). The 12-Month Leave Year

2 To track usage of FML, PCC Structurals uses a rolling twelve-(12- ) month leave year, measured forward from the date an employee first takes leave. Serious Health Condition Serious health conditions under FML generally include those that require inpatient care, that require continuing treatment with a health care provider or that pose an imminent danger of death in the near future. Not all medical conditions are "serious health conditions." Generally, routine illnesses (e.g., colds, flu) that can be treated with non-prescription drugs or bed rest are not serious health conditions. Please contact Human Resources for more information on whether a condition qualifies. Military Family Leave There are two different forms of Military Family Leave: (1) Qualifying Exigency Leave applies when a service member is called to active duty in a foreign country. An eligible employee who is a spouse or same-sex domestic partner, parent, son or daughter of a service member called to active duty may qualify for leave for: * Short-notice deployment; * Military events and related activities; * Childcare and school activities; * Financial and legal arrangements; * Counseling; * Rest and Recuperation; * Post-deployment activities; and * Additional activities not encompassed in other categories, but agreed to by the employer and employee (2) Military Caregiver Leave allows an eligible employee who is a spouse or same-sex domestic partner, parent, son, daughter or other next of kin to take up to twenty-six (26) weeks of leave to care for a service member with a serious illness or injury incurred in the line of duty or active duty within five years of the date preceding treatment. Covered Family Member includes different relatives depending upon the type of leave: * For either Parental Leave or Sick Child Leave: a child under the age of 18 or adult child substantially limited by a physical or mental impairment;

3 * For Serious Health Condition Leave: an employee's spouse or same-sex domestic partner, a parent (biological, foster, custodial, non-custodial) or parent-in-law (parent of same-sex domestic partner), a child (biological, adopted, foster, stepchild or child of employee's same-sex domestic partner, or one for whom the employee is "in loco parentis" providing financial support and dayto-day care), grandparent or grandchild; * For Qualifying Exigency Leave (Military Family Leave): a spouse or same-sex domestic partner, parent, son or daughter; and * For Military Caregiver Leave: a spouse or same-sex domestic partner, parent, son, daughter or next of kin of the service member. Note: the above are only general descriptions of family members for whom various forms of leave may be taken. "Family member" is defined differently under OFLA and FMLA even for similar types of leave. For more specific information, please contact Human Resources. Length of Leave For FML, an eligible employee usually is limited to 12 weeks of leave during a 12-month leave year. However, an employee's leave entitlement may extend beyond 12 weeks in certain circumstances: (1) A female employee who uses Pregnancy Disability Leave is entitled to 12 additional weeks of FML leave during the same 12-month leave year; (2) A male or female employee who uses a full 12 weeks of FML for the purpose of Parental Leave (bonding with a new child) may use up to an additional 12 weeks of Sick Child Leave; (3) An employee may be entitled to additional Military Family Leave up to twenty-six (26) weeks total in a single twelve- (12-) month period to provide Military Caregiver Leave. Time increments in which FML may be taken are the same as time increments allowed for vacation and sick leave. For more information, please contact Human Resources. Employee's Obligation to Provide Notice An employee who wishes to take FML should complete a leave request form and submit it to Human Resources. For FML, an employee is required to provide at least thirty (30) days' notice of the need for leave, when the leave is anticipated or foreseeable. If it is not possible to provide thirty (30) days' notice for any leave, the employee is required to provide as much advance notice as is practicable. In emergency situations (e.g., an unanticipated serious health condition), the employee or someone on the employee's behalf should make an oral request within twenty-four (24) hours after the leave begins and submit a completed request form within three (3) days of returning to work.

4 If a request for leave is denied, the employee may submit a written appeal request to Human Resources within seven (7) days from the date of the initial denial letter. The appeal request should include all additional information the employee desires to be considered. Late or incomplete appeals will not be considered. Medical Certification For Serious Health Condition Leave, an employee must provide completed medical certification forms signed by the employees or family member's qualified health care provider. This normally should be provided with the leave request, but in all events within fifteen (15) days of the date the employee submits the request for FML. The Company uses the official U.S. Department of Labor certification form. Copies are available with leave request forms in form racks, through Human Resources or through When an employee fails to provide medical certification as requested, the absence may not be protected under OFLA or FMLA, and may be treated as an unexcused absence under the Company's attendance policy. Recertification may be required as permitted under applicable law for extended leaves or recurring leaves for chronic conditions. For Sick Child Leave, medical documentation is required if an employee takes FML for this purpose on more than three (3) absences in the 12-month period. Unless an employee provides medical certification of work restrictions, it is assumed that the employee is returning from leave with no limitations. The Company will reimburse the employee for any charges by a health care provider for a medical certification to the extent the charges are not covered by insurance. Use of Paid Leave, Benefits FML is not a form of paid leave. However, an employee on FML for his or her own serious health condition must first exhaust any accrued sick leave or salary continuation and then accrued vacation time before the leave is unpaid. For FML to care for a family member, an employee must use accrued sick leave or salary continuation and accrued vacation time. Employees may chose to retain up to 40 hours of vacation time for later use after return from leave. For information about use of accrued sick leave, salary continuation or vacation time for Parental Leave, please contact Human Resources. To the extent permitted by Oregon law and the terms of applicable insurance policies, an employee who is receiving short-term disability, workers' compensation or other Companyprovided insurance time loss benefits while on FML may use accrued vacation or sick leave to supplement those benefits. At no time, though, may the combined benefits exceed the employees regular base compensation. If there is an over-payment, the employee is responsible for reimbursing the Company and then the corresponding sick leave or vacation time will be restored to the employees account.

5 During FML, the Company will continue paying its usual share of the employee's monthly medical, dental and vision insurance premium for up to twelve (12) weeks. The employee is responsible for paying for his or her own share of the monthly premium. If an employee fails to make timely premium payments, benefits may cease and the Company may recover premiums not paid from future paychecks. An employee's benefits are restored in full upon the employee's return to work, unless such benefits have been eliminated or changed for similarly situated employees. If an employee has exhausted twelve (12) weeks of FML and remains unable to return to work, usually employer-paid group health coverage will cease, and the employee may have rights under COBRA to continue coverage at the employee's expense. Note: Benefits (including vacation and sick leave) do not accrue and holidays are not paid during any portion of FML not covered by paid sick leave, salary continuation or vacation. Reinstatement Rights Most employees returning from FML are entitled to return to the same position held at the time the leave began, provided the position still exists. If the former position does not exist for some business reason, the employee may return to an available, equivalent position. An "equivalent position" is one with equivalent pay, benefits, and hours, but not necessarily the same work location or type of responsibilities. An employee's right to return to work also may be affected by any transfer, layoff, or termination action that would have occurred for business reasons unrelated to the FML absence. An employee who is not able to return to work when his or her leave under this policy is exhausted may be eligible for additional leave under Policy 683, Personal and Medical Leave for Non-FML Events.