Leaves of Absence Policy

Transcription

1 Leaves of Absence Policy The leaves of absence described in this policy are designed to comply with federal law as well as California law, where many of our U.S. employees are located. To the extent these policies provide employees with leaves not required by applicable state laws, Adobe provides the leaves on a discretionary basis. If the law of a state provides greater or different leave rights than are stated in these policies, Adobe will comply with applicable state law requirements for employees in that state. A leave of absence is generally defined as any approved absence from work for an extended time for a specific reason other than time off for vacation or sabbatical. The following leaves of absence are available: Family and Medical Leave Act ("FMLA") Leave Maternity Leave (including pregnancy disability leave) Paternity/Adoption Leave Medical Leave Family Care Leave (including military-related family leave) Organ or Bone Marrow Donor Leave Personal Leave of Absence Military Leave Details on each type of leave are provided in this policy. For information about benefits while on a leave of absence, refer to the section titled Your Benefits During a Leave of Absence. The charts in that section summarize the effect a leave has on your Adobe benefits by the type of leave. How to Request a Leave of Absence Liberty is the administrator for the leaves listed above. You must initiate your leave with Liberty and provide Liberty with any documentation it requests from you to support your request for leave. You may submit a request for leave through Liberty s website 24 hours a day, seven days a week or by calling a Liberty Intake Specialist during business hours: Company Code: ADOBELOA New users must register for online access. In addition: If you are taking a Medical Leave you should file a claim for state disability benefits if they are applicable in your state. 1 If your Medical Leave is due to a work-related condition, you should file a claim for Workers Compensation benefits. For information about income that offsets (reduces) your Short Term Disability (STD)/Long Term Disability (LTD) benefits, refer to the plan materials the Adobe Systems Incorporated Group Welfare Plan Summary Plan Description ( SPD ). 1 In states where mandated, you must apply with your state entity to receive your full income replacement benefit, with the following exceptions: CA employees coved by the Adobe Voluntary Disability Plan (VDI) and NY, HI and NJ employees as Liberty administers the VDI plan, the NY DBL plan, the State plan for HI and the NJ State plan. NJ employees please note that NJ also has a Paid Family Leave (PFL) benefit that Liberty does not administer so if you take family care leave will need to file with the state to receive that benefit

2 If you are taking time off to care for a seriously ill child, spouse, parent or domestic partner, or to bond with a new minor child and you are a California or New Jersey employee, you may be eligible to receive up to six weeks of income benefits (referred to as Paid Family Leave or PFL) to partially replace lost earnings. California employees who participate in the Adobe Voluntary Disability Insurance (VDI) plan should note that PFL is a component of VDI so you only need to apply through Liberty to access PFL benefits. California employees who opted out of VDI will need to apply for this benefit with the CA Employment Development Department (EDD). New Jersey employee will need to apply with for this benefit with the NJ Department of Labor and Workforce Development (LWD). FAMILY AND MEDICAL LEAVE ACT ("FMLA") LEAVE The federal Family and Medical Leave Act of 1993 (FMLA) grants eligible employees up to 12 weeks of unpaid leave during a designated 12-month period, in certain circumstances. (The designated 12-month period for FMLA purposes is the 12-month period measured forward from the first date FMLA leave is used.) In addition, FMLA grants eligible employees up to 26 weeks during a single 12-month period to care for a spouse, child, parent or next-of-kin who is injured in the line of active military duty ( military caregiver leave ). For this type of leave, the single 12-month period is measured forward from the first date military caregiver leave is used. If you are eligible for FMLA, this leave will run concurrently with any other leave and/or disability benefits for which you are eligible and/or any state-mandated leave provisions including the California Family Rights Act (CFRA). Once you begin to take FMLA leave, Adobe counts all of the time off for the same purpose (or any other FMLA-qualifying purpose) toward the FMLA allotment. 2 You are eligible for and may request an FMLA leave if you have been employed by Adobe for at least 12 months (not necessarily consecutive months), have worked at least 1,250 hours during the 12 months immediately prior to the leave of absence and you need the leave for one of the following reasons: Your own serious health condition prevents you from working. (See Medical Leave for details regarding taking a Medical Leave for your own health reasons. 3 ) The birth or placement (adoption or foster) of a child, as long as the leave is completed within 12 months of the birth or placement of the child. For employees who are eligible for FMLA, Adobe grants 12 weeks of leave separate from, and in addition to, any physician-certified Medical Leave resulting from any pregnancy or childbirth-related disabilities. The care of your spouse, child or parent with a serious health condition. A serious health condition is further defined by federal law, but generally involves inpatient care in a hospital or other medical facility, or continuing treatment by a health care provider. You may take a leave only if your qualified family member is unable to care for his or her basic needs and/or to give psychological comfort due to a serious health condition, certified in writing by a licensed health care provider. A qualifying exigency arising out of the fact that your spouse, son or daughter or parent is on active duty or called to active duty status in support of a contingency operation as a member of the National Guard or reserve components of any of the United States Armed Forces. The care of a spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness. 2 The annual Company break period, if a complete week in duration, is not counted toward the 12-week period. In addition, if a holiday falls during a week in which you are taking a week of FMLA, the holiday is counted against FMLA, unless you are taking less than a full week of FMLA. 3 You may be eligible for a Medical Leave for your own serious health condition, even if you do not qualify for FMLA Leave, if you otherwise meet the eligibility criteria. Adobe Leaves of Absence Policy Page 2

3 For purposes of FMLA, spouse includes a domestic partner and child includes the child of the employee s domestic partner, as further defined by Adobe s policies. Under FMLA, you may request up to 12 weeks of FMLA Medical Leave for your own serious health condition during the designated 12-month period. You may take more than one FMLA Medical Leave, provided the total time off for all leaves combined in the designated 12-month period do not exceed 12 weeks. Under Adobe s Medical Leave policy, you may be granted additional time off; see Medical Leave for more information. You may also take FMLA Medical Leave on an intermittent or reduced schedule basis for your own serious health condition. Such leaves may be taken in a minimum of one-hour increments when it is medically necessary as certified in writing by a health care provider. Contact the Employee Resource Center and Liberty immediately to discuss any need for a temporary reduced schedule and any documentation necessary to substantiate the need for leave. To accommodate any requests for a planned intermittent or reduced hours leave, the Company may transfer you to an alternative position. In addition to the points outlined above, note that you must meet the FMLA eligibility requirements to be eligible for Adobe s FMLA Medical or Family Care Leave. MATERNITY LEAVE Maternity Leave may comprise two parts. First, if you are disabled due to pregnancy and childbirth, a portion of your Maternity Leave will be considered a Medical Leave and, if approved, you may also be entitled to benefits through Adobe s disability insurance program. You should refer to the information included under Medical Leave below. Second, if you would like to take additional time off after your pregnancy-related disability ends to bond with your child, you may be eligible to request an Adobe unpaid Family Care Leave. See Family Care Leave for more information. Special Notice to California Employees Regarding Pregnancy Disability Leave ( PDL ) Under California law, all employees who are disabled on account of pregnancy, childbirth or related medical conditions are entitled to an unpaid leave of absence for the period of disability, up to a maximum of four months (per pregnancy). Time off needed for prenatal care, severe morning sickness, doctor ordered bed rest, childbirth and recovery from childbirth will be counted against your pregnancy disability leave entitlement. Leave provided for pregnancy disability is treated separately from leaves required by CFRA. However, the first 12 workweeks of pregnancy disability leave will be treated concurrently as a leave pursuant to FMLA for all eligible employees. Benefits After the birth, enroll your baby or make any other changes to your benefits within 31days (day one is date of birth) on the Adobe Benefits Enrollment Site. Contact the Employee Resource Center at and select the People Resources option if you need assistance. You can review and change your overall benefit elections, including, opting out of health plan benefits and/or enrolling in the Health Care and Dependent Care FSA plans. Refer to the section titled Your Benefits During a Leave of Absence for information about benefits while on a leave of absence. PATERNITY /ADOPTION LEAVE Paternity/Adoption Leave is granted to eligible employees for the purposes of bonding with a newborn or newly placed child. Paternity/Adoption Leave at Adobe consists of two components. 1. Two weeks of Paternity/Adoption Leave is granted with pay and made available to new fathers and adoptive parents. You are eligible for the two weeks if you are an Adobe employee Adobe Leaves of Absence Policy Page 3

4 regularly scheduled to work at least 24 hours per week. This time may run concurrently with FMLA, if eligible. 2. If you are eligible for FMLA per the guidelines listed above, you may take a Paternity/Adoption Leave of up to 12 weeks in the designated 12-month period (inclusive of the above two weeks of paid leave). Once you begin a Paternity/Adoption Leave, Adobe counts all of the time off for this purpose (or any other FMLA-qualifying purpose) toward the 12-week allotment. See Family Care Leave for more information. After the two-week paid Paternity/Adoption Leave, additional days are granted as unpaid leave, though California and New Jersey employees may be also eligible for benefits under the state s Paid Family Leave (PFL) Program. California employees who participate in the Voluntary Disability Insurance (VDI) plan should note that PFL is a component of VDI so you only need to apply through Liberty to access PFL benefits. California employees who opted out of VDI will need to apply for this benefit with the CA Employment Development Department (EDD). New Jersey employee will need to apply for this benefit with the NJ Department of Labor and Workforce Development (LWD). Benefits After the birth or placement, enroll your baby/child or make any other changes to your benefits within 31days (day one is date of birth) on the Adobe Benefits Enrollment Site. Contact the Employee Resource Center at and select the People Resources option if you need assistance. You can review and change your overall benefit elections, including, opting out of health insurance and/or enrolling in the healthcare and dependent care FSA plans. Refer to the section titled Your Benefits During a Leave of Absence for information about benefits while on a leave of absence. MEDICAL LEAVE If you need to take time off work longer than five consecutive business days 4 due to your own serious health condition (including pregnancy disability and postpartum recovery), you should contact Liberty to apply for a Medical Leave of Absence and provide certification from your doctor at least 30 days in advance of your planned leave; if it is an emergency, you (or a representative) must notify your manager or the Employee Resource Center as soon as practical, and generally not later than the normal start of your work day, and submit your request for leave as soon as possible. Medical Leaves are provided in coordination with Adobe s Short-Term and Long-Term Disability (STD and LTD) plans, which are described in in the SPD. The first 12 weeks of your Medical Leave will be counted as, and run concurrently with, FMLA/CFRA (provided you are eligible for an FMLA/CFRA leave). You may also be eligible for unpaid FMLA leave if you need to take time off work for three or more consecutive business days even if you do not qualify for Adobe s STD. While you are on Medical Leave, it is your responsibility to maintain contact with your manager and Liberty regarding the status of your anticipated return to work date. If your doctor cannot release you to return to work on your expected return date, you must update Adobe and provide Liberty with certification that you are still unable to work due to your medical condition and you must provide the new anticipated return date. You must do this before your original anticipated date of return. Contact Liberty if you have any questions about the procedures for providing medical substantiation for a new or ongoing Medical Leave. You are required to contact Liberty to discuss your time off needs for a medical condition. Liberty will provide you with the necessary paperwork and discuss with you the terms and conditions of your leave. If you do not return to work on the first business day following the expiration of an approved Medical Leave (or an approved extension of this leave), you will be considered to have voluntarily resigned and your employment with Adobe will end. 4 You use Sick Time (exempt employees) or PTO (non-exempt employees) during the first five days of absence; if no accrued time is available you can borrow Sick Time or PTO, up to the maximum 40 borrowed hours; otherwise, your time off will be unpaid. Adobe Leaves of Absence Policy Page 4

5 Who Is Eligible You are eligible for Medical Leave if you are an Adobe employee regularly scheduled to work at least 24 hours per week, starting with the first day of active work. 5 Income Benefits During a Medical Leave Certain Adobe and other state programs may provide income replacement if you become disabled (including pregnancy disability and postpartum recovery) and are unable to work. Income replacement may be provided through the following plans: Sick leave is provided through Adobe s Sick (exempt) or PTO (non-exempt) Programs for up to five days. The Short-Term Disability Plan ( STD ) State Disability Insurance ( SDI ) 6 Voluntary Disability Insurance ( VDI ) Workers Compensation Paid Family Leave ( PFL, in states where applicable) 7 Long-Term Disability Plan ( LTD ) The following table outlines how benefits are paid. Note that, in general, the time you are receiving pay under the Sick Time/PTO and STD programs runs concurrently with Family and Medical Leave. Refer to the SPD for STD and LTD information. If your Liberty Life-approved injury/illness is not work-related, you will receive the following pay: Weeks 1 through 7 Week 8 through 120 th Day of Disability You will receive 100% of your eligible pay % of your eligible pay These benefits are provided through Week 1: Sick Time/PTO if no time is available you may borrow it up to the 40 hours allowed; otherwise unpaid Weeks 2-7: Any SDI benefits you are eligible to receive will be deducted from your benefit payment STD payments are subject to taxes Any SDI benefits you are eligible to receive will be deducted from your benefit payment STD payments are subject to taxes If your Liberty Life-approved injury/illness is work-related, you will receive the following pay: Weeks 1 through 7 Week 8 through 120 th Day of Disability You will receive 100% of your eligible pay % of your eligible pay These benefits are provided through Days 1-3: Sick Time/PTO if no time is available you may borrow it up to the 40 hours allowed; otherwise unpaid Day 4 through Week 7: Any Workers Compensation benefits you are eligible to receive will be deducted from your benefit payment STD payments are subject to taxes Any Workers Compensation benefits you are eligible to receive will be deducted from your benefit payment STD payments are subject to taxes 5 If you are regularly scheduled to work less than 24 hours per week, you are also eligible for Medical Leave; however, the maximum amount of leave available is 120 days, except as required in the case of a reasonable accommodation for a qualified individual with a disability. This leave is coordinated with Adobe s STD benefits. Other provisions of your leave will generally be administered as described here. If you have any questions, however, regarding the provisions of a medical leave for employees who work less than 24 hours per week, you should contact the Employee Resource Center. 6 You must apply with your state entity to receive your full income replacement benefit, with the following exceptions: CA employees coved by the Adobe Voluntary Disability Plan (VDI) and NY, HI and NJ employees as Liberty administers the VDI plan, the NY DBL plan, the State plan for HI and the NJ State plan. 7 PFL is a component of VDI so California employees who are VDI participants only need to apply through Liberty to access PFL benefits. California employees who opted out of VDI will need to apply for this benefit with the CA EDD. New Jersey employees will need to apply for this benefit with the NJ LWD. Adobe Leaves of Absence Policy Page 5

6 Any STD benefits you are eligible to receive will be paid to you by Liberty. Once Liberty receives satisfactory proof of your disability claim, it will begin paying you STD benefits through weekly checks sent by U.S. Mail. (Direct deposit option available.) STD benefits are taxable and Liberty will base tax deductions on the W-4 information you have on file with Adobe payroll. Refer to the SPD for additional details about the STD plan. For absences exceeding 120 days, refer to the SPD for information about the LTD plan. LTD benefits are also coordinated with State Disability Insurance or Workers Compensation where applicable. If you take multiple leaves and Liberty determines it is for the same disability you will not be required to meet the waiting period again for STD/LTD benefits for subsequent leave. Eligible Pay for Short Term and Long Term Disability Benefits Benefits are based on your pre-disability pay. For purposes of these benefits, here is how pay is determined: For non-commissioned employees, eligible pay for STD and LTD benefit purposes is defined as your normal pre-disability base pay. It does not include bonus payments, overtime or other extra compensation. For commissioned employees, eligible pay for STD and LTD is defined as your pre-disability total target compensation ( TTC ). How Medical Leave Works Your Medical Leave begins the date your health care provider certifies you are no longer able to work, according to the procedures in place with Liberty. For details on how your STD or LTD benefits work, see the SPD. For information on how your employment is impacted while on a Medical Leave please see below. You may be out on a Medical Leave for as long as is medically necessary, as certified by your physician, up to a maximum of either: 12 consecutive months from the onset of your disability, or 12 aggregate months from the onset of a single recurrent disability or concurrent disabilities. Multiple periods of leave will counts toward the 12 aggregate months, if they are separated by a return to work of less than 30 days, whether the disability leaves are due to related or unrelated causes. At the end of this 12-month period, if you have not returned to work, your employment with Adobe will terminate, except as required in the case of a reasonable accommodation for a qualified individual with a disability. Your employment with Adobe will end earlier if you either: Do not file for STD at least 30 days in advance of your planned leave, or fail to file as soon as practicable based on your medical condition. Do not file for LTD benefits within 30 days of the end of the 120-day elimination period, or fail to file as soon as practicable based on your medical condition. Are denied your claim for STD or LTD benefits. For information about your rights to appeal a claim denial, see the SPD. If your appeal is denied or you do not file an appeal of a denied claim within the required time period and fail to return to work on the first following business day, your employment with Adobe will be terminated. If your employment with Adobe terminates, you can continue your health care coverage through COBRA. (See Federal COBRA Continuation Coverage in the SPD for more information.) Adobe Leaves of Absence Policy Page 6

7 Returning to Work Following a Medical Leave Important: Your employment status with Adobe may change during your approved disability leave. Reinstatement following a Medical Leave will be provided in accordance with applicable federal and state laws and/or Adobe policy. Before you may return to work, you must provide Adobe with a certification from your health care provider stating you are able to return to work. If you are medically released to return to work: Within the initial 120 days from the onset of your approved leave, in general, you will be reinstated to your original or a substantially comparable position. More than 120 days from the onset of your approved leave, Adobe may elect to fill your position for business reasons, unless applicable law requires otherwise. If your original or a substantially comparable position is no longer available because of business reasons, you may be eligible to receive separation benefits under Adobe s current applicable severance plan. If your position is no longer available, Adobe will attempt to find a substantially comparable position for which you are qualified within Adobe. Should a position not be available, or you decline the available position offered, your employment with Adobe will end. Nothing in this policy is intended to give an employee greater rights than if the employee were not on leave. For example, if for business reasons Adobe decides to restructure the department, and the employee s position is eliminated, the employee s employment may be terminated immediately, notwithstanding that the employee is on a leave of absence, unless otherwise required by law. In order to give Adobe sufficient time to review available positions prior to your return to work, please make every effort to notify your manager at least two weeks in advance of your anticipated release to return to work. To the extent that limitations or restrictions prevent you from performing some or all of the essential functions of your job, reasonable accommodations, including a temporary modified schedule or duties, may be requested and approved. However, your health care provider will be required to submit an evaluation of your status, including your job related restrictions and their estimated duration and any recommended reasonable accommodations that will help you perform your job duties to enable Adobe to evaluate possible accommodations. Adobe will engage in an interactive process with you concerning your accommodation request and will determine if appropriate reasonable accommodation(s) can be provided to you. If your healthcare provider releases you to return to work on a temporary or part-time basis, he or she must certify both the number of hours you may work each day and the total number of hours you may work in a week. An Employee Resource Center Consultant will work with you, your health care provider and your manager to determine what is appropriate and reasonable and whether Adobe can make a suggested accommodation available while meeting its business needs, or whether there may be other alternatives. Any reasonable accommodation provided will be reviewed by Adobe periodically. Please contact the Employee Resource Center to request an evaluation form as soon as you or your health care provider believes an accommodation may be needed. If you do not return to work on the first business day following the expiration of an approved Medical Leave, with an appropriate return to work certification, and have not receive an approved extension of your leave, absent extenuating circumstances, you will be considered to have voluntarily resigned, and your employment with Adobe will end. Benefits Refer to the section titled Your Benefits During a Leave of Absence for information about benefits while on a leave of absence. FAMILY CARE LEAVE If you need time off to care for a family member due to his or her serious health condition or time off for the purposes of bonding with a newborn or newly placed (adoption or foster) child, you may be eligible to take an unpaid Family Care Leave under FMLA and any applicable state leave laws. Adobe Leaves of Absence Policy Page 7

8 You may take an unpaid Family Care Leave of up to 12 weeks in the designated 12-month period. Once you begin to take a Family Care Leave, Adobe counts all of the time off for the same or other FMLAqualifying reason toward the 12-week allotment. If the leave is to care for an ill family member, Liberty will also ask you to submit a medical certification from his or her health care provider that establishes your need for Family Care Leave. Liberty will provide you with the necessary information and discuss with you the terms and conditions of your leave. A Special Note About Military-Related Family Leave Qualifying Exigency Leave: FMLA-eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week FMLA leave entitlement to address certain qualifying exigencies. Qualifying Exigencies Leave may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. Leave due to qualifying exigencies may also be taken on an intermittent basis. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a covered veteran who is undergoing medical treatment, recuperation, or therapy f or a serious injury or illness or a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Contact Liberty to request Military-Related Family Leave and provide Liberty any documentation they request to support your leave request. Family Care Leave may either be taken consecutively or intermittently, as explained below. Consecutive Family Care Leave You may request an Adobe unpaid Family Care Leave to care for a newborn child or newly placed foster or adopted child or a qualified family condition. The leave may be taken for up to 12 workweeks during the designated 12-month period. You may take more than one consecutive Family Care Leave, provided the total time off does not exceed 12 workweeks in the designated 12-month period. Intermittent or Non-Consecutive Family Care Leave You may take intermittent leave for: A serious health condition/serious injury or illness Family Care Leave may be taken on an intermittent or reduced schedule basis to provide care for an eligible family member who has a serious health condition. Such leaves may be taken in increments of a least one hour when it is medically necessary and certified by a health care provider according to the procedures established by Liberty. Contact your manager and Liberty immediately if you need intermittent/reduced schedule Family Care Leave. You may take more than one intermittent Family Care Leave to care for a family member, provided the total time off for this and other FMLA-qualifying leaves within the designated 12-month period does not exceed 12 workweeks. In the case of Military Caregiver Leave, time may also be used intermittently or on a reduced schedule basis up to 26 workweeks in a 12-month period. During the single 12-month period of Military Caregiver Leave, FMLA leave for purposes other than Military Caregiver Leave, up to a maximum of 12 workweeks, will count toward the 26 workweeks total. To accommodate any requests for an intermittent or reduced-hours leave, the Company may transfer you to an alternative position. Adobe Leaves of Absence Policy Page 8

9 You may take non-consecutive leave for: Bonding with a newborn or newly placed child (adoption or foster care) Family Care Leave must be requested in a minimum duration of at least two weeks, except on two occasions it may be less than two weeks. You may take more than one Family Care Leave for purposes of birth or placement of a child, provided the total time off for this and any other FMLA-qualifying leaves within the designated 12-month period does not exceed 12 workweeks. Income Benefits During a Family Care Leave A Family Care Leave is unpaid, however: If you are in California or New Jersey you may be eligible for Paid Family Leave (PFL). 8 Typically there is a seven-day waiting period before PFL benefits begin. Note: The seven-day waiting period will not apply if the application for this benefit immediately follows the paid disability portion of a maternity leave, or if the employee has otherwise previously satisfied the waiting period. Refer to Adobe Time Off During a Leave for additional details about how time off programs integrate with your leave. Returning to Work From a Family Care Leave When you return to work from a Family Care Leave within the time required by law, you will be reinstated to your original or equivalent position, and will receive pay and benefits equivalent to those you received before your Family Care Leave. However, if your former or other equivalent position is not available due to a reduction in force or other business reasons, you may be eligible to receive separation benefits under Adobe s current applicable severance plan. It is your responsibility to keep in contact with your manager while on a Family Care Leave to determine if your former position, or another position for which you are qualified, is available. If you do not return to work on the first business day following the expiration of an approved Family Care Leave, you will be considered to have voluntarily resigned, and your employment with Adobe will end. Benefits Refer to the section titled Your Benefits During a Leave of Absence for information about benefits while on a leave of absence. ORGAN OR BONE MARROW DONATION LEAVE You are eligible for Organ & Bone Marrow Donation Leave of up to 30 days as of your first day of employment at Adobe. If you need to take time off work for purposes of an organ or bone marrow donation, you should apply for an Organ or Bone Marrow Donation Leave and provide certification from your doctor to Liberty. Organ or bone marrow donation does not run concurrently with FMLA or CFRA leave (the 30 days is not deducted from the 12 week leave bank. ) When your Organ & Bone Marrow Donation Leave ends, you will be returned to the position you held before your leave. How Organ & Bone Marrow Donation Leave Works Adobe provides up to 30 days paid leave during a single 12 month period (beginning on the first day the employee takes leave) for the purposes of donating an organ to another person. Non-exempt employees will be required to use the first 5 days as PTO; exempt employees will be required to use the first 5 days as Sick Time. The remainder of the leave will be paid. Adobe also provides up to 5 days off during a single 12 month period for bone marrow donation, which will be counted against the employees PTO (non-exempt) or Sick time (exempt). 8 California employees who participate in the Voluntary Disability Insurance (VDI) plan should note that PFL is a component of VDI so you only need to apply through Liberty to access PFL benefits. California employees who opted out of VDI will need to apply for this benefit with the CA Employment Development Department (EDD). New Jersey employee will need to apply for this benefit with the NJ Department of Labor and Workforce Development (LWD). Adobe Leaves of Absence Policy Page 9

10 Employees may take the time off all at once or incrementally. For example, an employee may need to take leave to participate in more than one medical procedure separated by several weeks of work. PERSONAL LEAVE OF ABSENCE If you want to take time away from Adobe for personal reasons, you may request a Personal Leave of Absence ( Personal Leave ). A Personal Leave is for a leave that is longer than 30 consecutive calendar days. (If you request unpaid time off for fewer than 30 consecutive calendar days, do not apply for a Personal Leave of Absence. Instead, you must obtain approval from your manager for the time off prior to taking the time off, and submit the time off through the Time Off Form (exempt) or your Timecard (non-exempt) before taking the unpaid time off.) Who Is Eligible You may be eligible to take a Personal Leave if you have worked at Adobe for more than one year, you are in good standing with the Company, and business conditions can accommodate your request, as determined solely by Adobe. How a Personal Leave of Absence Works If your request for a Personal Leave is granted, you may take from one to six months of unpaid leave. Extensions of up to an additional six months may also be granted. 9 You may take a Personal Leave so that you have the time you need for educational pursuits, extended vacations or other personal reasons. If you are a non-exempt employee, you may use the PTO Cash Out Program during your leave. During your Personal Leave, you should stay in touch with your manager, and let your manager and Liberty Mutual know how to contact you. Applying for a Personal Leave of Absence To apply for a Personal Leave, you must initiate your request with your manager and through Liberty at least 60 days before your leave is to begin, unless the need for the Personal Leave could not be predicted, in which case you should request your leave as soon as possible. Notify your manager and if your manager agrees to allow your Personal Leave of Absence, request your leave through Liberty. Liberty will provide a Personal Leave of Absence Application Form that you must use to obtain signed approval from your manager, next level manager, and HR Manager. Submit the Personal Leave Form to Liberty after you obtain the required signatures. Requests for Personal Leave are reviewed on a case-by-case basis and are approved at the discretion of your management team. Generally, decisions will be based on the reason for leave, length of leave, the employee s position and duties, business requirements during the leave, and the employee s work history and performance. Returning from a Personal Leave Adobe cannot guarantee that your current job, or a similar position with Adobe, will be available when you return from your Personal Leave; however, Adobe will assist you with an internal job search in anticipation of your return. You must contact People Resources at least two weeks before your Personal Leave expires to begin this process. If you are unable to find a suitable position upon your return from a Personal Leave, your employment with Adobe will terminate and you will not be eligible for severance benefits. In addition, in the event the company experiences a reduction in force while you are on a Personal Leave, and your job is eliminated, you will not be eligible for severance benefits. If, while you are on a Personal Leave, you accept a position with another company, your employment with Adobe will be considered voluntarily terminated. 9 If an employee needs to take less than 30 consecutive calendar days, non-exempt employees may use accrued PTO, borrowing up to 40 hours if needed; exempt employees may take up to 30 days of unpaid time off with their manager s approval (or time off with pay under Adobe s exempt Time Off Program, if approved by their manager). Adobe Leaves of Absence Policy Page 10

11 Impact on Certain Benefits As a Result of a Personal Leave Longer than Three Months Please be aware that if your Personal Leave is longer than three months and you hold incentive stock options (ISOs), your ISOs may either cease to qualify as ISOs or may terminate entirely six months and one day after your Personal Leave commences. We urge you to review the terms of your ISO agreement and the applicable equity plan document to understand how your specific ISO will be affected by a Personal Leave longer than three months. In addition, to the extent you participate in the Adobe Employee Stock Purchase Plan (ESPP), on the 91st day after your Personal Leave commences, your participation in the ESPP will terminate. You will be withdrawn from the plan. You would again become eligible to participate in the ESPP if you return to active employment and otherwise satisfy the ESPP eligibility requirements. Benefits Refer to the section titled Your Benefits During a Leave of Absence for information about benefits while on a leave of absence. MILITARY LEAVE Who Is Eligible All employees will be granted military leave in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) (and any applicable state laws) if they enlist or are called for active duty in any of the uniformed services or to satisfy annual reserve training. The uniformed services include the U.S. Armed Forces (U.S. Army, Marines, Navy, Air Force, or Coast Guard) and their reserves; the Army National Guard and Air National Guard; and the commissioned corps of the Public Health Service. How the Leave Works If you take a leave for purposes of serving in one of the uniformed services or for reserve training, you must give Adobe advance notice of the impending service unless an emergency precludes advance notice. Upon completion of your duty, you must return to Adobe within the time required by law. The period for reporting back to work differs based on the type and length of military service, as outlined below. The first six months of Military Leave are paid leave, reduced by the amount of any your military pay you may receive. After the first six months, the leave is unpaid. Applying for a Military Leave Request a Military Leave Application Form from Liberty. Complete and submit the form to Liberty with a copy of your military orders prior to your deployment, unless emergency precludes advance notice. You should notify your manager of your leave and, if possible, the expected return to work date and submit a copy of your orders. Returning from a Military Leave If you meet certain requirements, your employment with Adobe will resume upon your return from military leave. To be eligible for reinstatement, you must generally comply with all of the following: Give oral or written notice to Adobe of your plan to enter uniformed service before you leave Adobe s employment, unless the law requires otherwise or an emergency otherwise precludes you from providing such advance notice. Follow Adobe s procedures for applying for Military Leave above as soon as possible. Provide written documentation to establish that your period of uniformed service ended under honorable circumstances. Return to Adobe employment in a timely fashion, generally after a period of uniformed service that does not exceed five years, unless the law allows otherwise. Refer to the USERRA guidelines below for when you should report back to work after your completion of service in the uniformed service: Adobe Leaves of Absence Policy Page 11

12 If Your Period of Uniformed Service is: Less than 31 days (or if you are absent for purposes of an examination to determine your fitness to perform uniformed services) More than 30 days but less than 181 days More than 180 days You Must Report-to-Work/Submit an Application for Reemployment Not Later Than: The beginning of the first regularly scheduled work period on the day following the completion of your service after allowing for safe travel home and an eight-hour rest period, or if that is unreasonable or impossible through no fault of your own, as soon as possible.* 14 days after completion of your military service, or if that is unreasonable or impossible through no fault of your own, as soon as possible.* 90 days after completion of your service.* *If you are hospitalized for or are convalescing from an injury or illness incurred or aggravated as a result of your service, the applicable time periods begin when you have recovered from your injuries or illness rather than upon completion of your service. The maximum period for recovery generally is two years from completion of service. Upon your return, Adobe will reinstate you in a position to which you are entitled and for which you are qualified. Generally, the position to which you are entitled will be the position that you would have held if you had been continuously employed during that period of military leave, or a position of similar seniority, pay and status. However, you must be qualified for or capable of becoming qualified for this position. If you do not qualify for the position to which you are entitled, you will be reinstated in accordance with applicable laws. Adobe will make reasonable efforts to assist you in qualifying for a reinstatement position and will provide reasonable training to refresh or update your skills to help you qualify for your reinstatement position. Your right to reinstatement may be affected if there has been a reduction in force. Benefits Specific rules apply. Refer to the section titled Your Benefits During a Leave of Absence for additional information about benefits while on a leave of absence. If you take a leave of absence under the Uniformed Services Employment and Reemployment Act (USERRA), you may elect to continue group health care coverage for yourself (and your covered dependents, if any) for up to 24 months from the date your leave of absence begins. USERRA continuation coverage will terminate earlier if one of the following events occurs: You fail to pay any premium within the required time; You lose your USERRA rights due to a dishonorable discharge or other conduct specified in USERRA; or You fail to report to work or to apply for reemployment following the completion of your service in the uniformed services within the time required by USERRA as described in the Returning from Military Leave chart above. Your USERRA and COBRA continuation right run concurrently for any period that you are eligible for both. YOUR BENEFITS DURING A LEAVE OF ABSENCE Your benefits coverage will be continued during certain leave periods as indicated below. Continuation of Coverage During an Approved Leave If the Company, in accordance with FMLA, CFRA, PDL or any other applicable federal or state laws, grants you an approved leave, you may, during the continuance of such approved leave, continue your Adobe Leaves of Absence Policy Page 12

13 health care coverage for you and your eligible dependents. 10 At the time you request the leave, you must agree to make any contributions required by the Company to continue coverage. The amount you must pay toward this coverage will not exceed the amount an active employee pays for coverage under the same plan. If you are granted continued coverage while on an approved leave, your coverage will end the earliest of the following: The date you are required to make any contribution and you fail to do so; The date Liberty determines your approved leave is terminated and you have not yet returned to work; or, The date the program (or a particular coverage within the program) is discontinued; however, coverage for health expenses may be available to you under another plan sponsored by the Company. If your health coverage ends because your approved leave is deemed terminated by Liberty and you have not yet returned to work, you may, on the date of such termination, be eligible for COBRA coverage on the same terms as though your employment terminated, other than for gross misconduct, on such date. If the plan provides any other continuation of coverage (for example, upon termination of employment, death, divorce or ceasing to be a defined dependent), you (or your eligible dependents) may be eligible for such continuation on the date Liberty determines your approved leave is terminated or the date of the event for which the continuation is available. If you acquire a new dependent while your coverage is continued during an approved leave, the dependent will be eligible for the continued coverage on the same terms as would be applicable if you were actively at work (and not on an approved leave). You must enroll your new dependent for coverage within 31 days starting on the date of the status change event. Coverage for a dependent will not be continued under the terms of this provision beyond the date it would otherwise end. The charts in the following pages will summarize the effect a leave has on your Adobe benefits. This information is divided among the various types of leaves. 10 Under the actual leave programs offered by the Company, your coverage may continue beyond the period discussed here and for reasons other than those outlined here. Adobe Leaves of Absence Policy Page 13

14 An Important Note for Employees Regularly Scheduled to Work Less Than 24 Hours per Week: The following tables apply to employees regularly scheduled to work 24 hours or more per week. If you are regularly scheduled to work less than 24 hours per week and are on an approved Medical Leave, any benefits for which you are eligible continue as explained under Medical Leave in the charts below. For additional information regarding your situation, you should contact the Employee Resource Center. Health Care, Life, AD&D, STD and LTD Insurance Health Care FSA Flexible Spending Accounts Dependent Care FSA Type of Leave Medical Leave (STD/LTD) Coverage continues up to a maximum of 12 months if you are on an approved Medical Leave and remain an Adobe employee. Adobe will waive your contributions for up to a maximum total of 12 months for any period that you are unpaid by Adobe. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. Family Care Leave (leave for bonding or for care of a family condition) Coverage continues up to a maximum of 12 weeks. Adobe will waive your contributions for any period that you are unpaid by Adobe. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. Pre-tax contributions are suspended until you return to work. If you do not pay for coverage, any expenses incurred are not reimbursed. Restrictions apply if your return to work is in the following year. You must submit the FSA Payment Election Form days prior to the start of your leave to make arrangement to pay your FSA contributions. You must submit this form to be eligible for the Adobe Dependent Care FSA child care contribution. The following options are available: Pre-pay before the leave begins (pre-tax) Pay (catch-up) missed contributions when you return from leave (pre-tax) if within the same plan year. Military Family Leave (leave to care for a qualifying service condition; also for qualifying exigencies) Coverage continues for up to a maximum of 12 weeks (26 weeks if leave is to care for a covered service member). Adobe will waive your contributions for any period that you are unpaid by Adobe. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. 11 Restrictions apply. For example, if your leave extends into the following calendar year, your contributions are calculated through the current year only in which your leave begins. Be sure to validate the calculations by crosschecking your paycheck stub(s). When you return to work you may be able to adjust your annual election for the new calendar year. The dates for which you can submit expenses may be limited. See Flexible Spending Accounts in the SPD for more details. Adobe Leaves of Absence Policy Page 14

15 (continued) Health Care, Life, AD&D, STD and LTD Insurance Personal Leave of Absence Health Care coverage continues for the first 30 days. After this, coverage is terminated. You have the option to continue through COBRA. Life and AD&D coverage will be continued for 90 days, at no cost. STD and LTD coverage will terminate after 30 days. Conversion is available for Life Insurance. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. Health Care FSA Pre-tax contributions are suspended when you no longer receive an Adobe paycheck. After 30 days, coverage will terminate. You can continue contributions on an after-tax basis through COBRA. Flexible Spending Accounts Dependent Care FSA Pre-tax contributions are suspended when you no longer receive an Adobe paycheck. After 30 days, coverage will terminate. Continuation through COBRA is not available. The Dependent Care Gift is forfeited for the leave period. Once your Personal Leave of Absence ends and you return to work, you must submit your benefits enrollment in the Adobe Benefits Enrollment Site within 31 days starting from the date your leave ended. Military Leave Coverage continues up to a maximum of 12 months. At the end of 12 months healthcare continuation is available through COBRA and conversion may be available for LTD and Life Insurance. Your contributions will continue for the first 6 months of leave that you remain on Adobe Payroll. During the last 6 months Adobe will continue your coverage at no cost to you. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. Pre-tax contributions, and the Dependent Care FSA childcare gift, will continue while you remain on Adobe payroll. After this, pre-tax contributions are suspended until you return to work. Restrictions apply if your return to work is in the following or subsequent years. The Dependent Care Gift is suspended after the end of the calendar year in which the unpaid leave first began. Submit the FSA Payment Election Form days prior to the start of your unpaid leave to make arrangement to pay your FSA contributions. You must submit this form to be eligible for the Adobe Dependent Care FSA child care contribution. The following options are available: Pre-pay before the leave begins (pre-tax) Pay (catch-up) missed contributions when you return from leave (pre-tax) if within the same plan year. Once your Military Leave ends and you return to work, you must submit your benefits enrollment in the Adobe Benefits Enrollment Site within 31 days starting from the date your leave ended. 12 Restrictions apply. For example, if your leave extends into the following calendar year, your contributions are calculated through the current year only in which your leave begins. Be sure to validate the calculations by crosschecking your paycheck stub(s). When you return to work you may be able to adjust your annual election for the new calendar year. The dates for which you can submit expenses may be limited. See Flexible Spending Accounts in the SPD for more details. Adobe Leaves of Absence Policy Page 15