HANDBOOK STATEMENT Employee Handbook Subject: Medical Leave of Absence Approved By: Effective Date: Employee January 1, 2007 Handbook Team Revised: January 19, 2016 Huntington provides medical leave to qualified employees needing time off because they have a serious health condition that makes them unable to perform the essential functions of their job. MEDICAL LEAVE OF ABSENCE You may be eligible for medical leave if you have a serious health condition that makes you unable to perform the essential functions of your job. If your leave qualifies as leave under the Family and Medical Leave Act (FMLA), then your medical leave will be considered leave under FMLA. Huntington or Huntington s third party leave administrator will provide you with specific notice that your leave is FMLA-qualified and will inform you of your rights and responsibilities under the FMLA. You will also be notified that your leave will be designated as FMLA-protected and the amount of leave that will be counted against your FMLA leave entitlement. Additionally, if the law in the state in which you are employed provides for a greater amount of leave, Huntington will provide you with the amount of leave required under state law. If you do not qualify for leave under the FMLA, but you are qualified for leave due to your own serious health condition, then your leave will be designated as a non-fmla-qualified medical leave. Absences approved and designated as medical leave will not result in the loss of an Attendance Credit under Huntington s Attendance and Dependability Handbook Statement. Eligibility Beginning on the first day of the month after you begin employment with Huntington, you may be eligible for medical leave for your own serious health condition. You are eligible for up to 365 days of medical leave in a rolling 12-month period, which is measured backward from any date medical leave is taken. However, in order to be eligible for any medical leave of absence beyond 180 days, you must have either applied for and are awaiting an initial determination that you qualify to receive Long-Term Disability (LTD) benefits from Huntington s LTD insurer or have been approved for LTD benefits from Huntington s LTD insurer. You will be considered to have applied for LTD benefits if, prior to the exhaustion of 180 days of medical leave, you complete and return to Sun Life Assurance Company of Canada (Sun Life), the claims administrator for the LTD Plan, the employee portion of the paperwork you will receive from Sun Life. 1
If you qualify for leave under the FMLA, then up to twelve (12) weeks of your medical leave will also be counted as FMLA leave. With the exception of those circumstances where you are qualified for FMLA-protected family leave, your total FMLA leave may not exceed twelve (12) weeks within a 12-month leave period. The 12-month leave period during which FMLA-qualified medical leave may be taken is measured backward from any date FMLA leave is taken. Huntington will not retroactively designate leave as FMLA leave to the extent that it will cause you harm or injury. Medical leave is normally granted in continuous blocks of time. Medical leave also may be available on an intermittent or reduced leave schedule, depending on the circumstances of your leave, your eligibility for FMLA leave and/or the policies and procedures for your department. Intermittent leave is leave taken in blocks of time ranging in length from six minutes to several days. A reduced leave schedule is a work schedule that temporarily reduces the number of hours you are scheduled to work each day or week. If you take leave on an intermittent or reduced leave schedule, you may be temporarily reassigned to a different position that better accommodates your leave schedule. Advance Notice Requirements For both continuous and intermittent leaves that are foreseeable, you are required to provide at least thirty (30) days advance notice of the need for medical leave. If 30-days notice is not possible or if your need for leave was unforeseeable, you must give notice of the need for medical leave as soon as practicable. Providing notice as soon as practicable means that absent exceptional circumstances, you must provide notice as soon as possible after you learn of the need for leave, and by no later than five (5) calendar days of when you learn of the need for leave. Notice can be provided verbally or in writing. When providing notice of the need for leave, you are expected to provide enough facts to make it clear that the reason for your absence qualifies you for medical leave, and you are expected to provide information regarding the anticipated timing and duration of your absence. For example, sufficient notice may include that you are unable to perform daily activities or that you need to be hospitalized or need continuing treatment by a health care provider. Additionally, if you have previously been approved for a medical leave and are requesting additional leave for the same qualifying reason, then you are expected to reference the qualifying reason for the leave or the need for FMLA-qualified medical leave. If you are approved for an intermittent leave of absence, then absent exception circumstances, you are expected to provide at least two (2) hours advance notice of your need to take approved leave. Similarly, if you need to leave work early for an approved intermittent leave absence, you are expected to provide at least two (2) hours advance notice of your need to leave early. Notice should be provided to your Manager. In addition, you must notify CareWorks Absence Management, Huntington s Leave Administrator, of your need for leave by calling the HR Service Center at 1-866-480-3094 and choosing option 1. Failure to provide timely notice; failure to provide appropriate notice; and/or failure to 2
follow Huntington s notice procedures could result in denial or delay of your leave request. Additionally, failure to follow call in and notice procedures may result in Attendance Credits being deducted from your Attendance Credit Bank, even if the absence is approved as medical leave. Finally, you are expected to schedule your leave with your Manager so as not to unduly disrupt your department s workflow and service levels. Medical Certification Huntington requires you to submit a Certification of Health Care Provider for Employee s Serious Health Condition verifying your need for medical leave. You are responsible for paying any fees charged by your physician to complete the Certification or any other paperwork associated with your medical leave. Once the Certification is received, Huntington or Huntington s third party leave administrator may contact your health care provider, if clarification of information contained in the Certification is needed. Additionally, if the validity of the Certification submitted is questioned, you may be required to obtain the opinion of a second health care provider. If the second Certification differs from the original Certification, you may be required to obtain the opinion of a third health care provider, whose opinion shall be deemed final and binding. Status Report Requirements You are required to keep Huntington informed of any change of address and/or telephone number while you are on leave. Notice of change in address and/or telephone number should be provided in writing to the HR Service Center. If you fail to notify Huntington of your change in address and/or telephone number, then you will be deemed to have received any notices or information that is mailed to your address of record. You may be required to contact your Manager and/or HR Leave Administration while on approved leave to provide status updates. Additionally, you are required to confirm your return-to-work status at least two (2) days prior to your return to work date. Pay While On Medical Leave Medical leave is unpaid; however, you may be eligible to use Paid Time Off (PTO) or to receive Short-Term Disability (STD) benefits or Long-Term Disability (LTD) benefits while on leave. Please refer to the Short and Long-Term Disability Benefits handbook statement for eligibility and benefits information. Furthermore, you may qualify for Workers Compensation benefits or state disability benefits, in accordance with applicable state laws. Additional information regarding Workers Compensation Benefits may be obtained from Risk Management/Insurance Services. STD benefits are available after you have exhausted a 7-calendar-day waiting period. During this waiting period, you will be paid PTO, if available. If you do not qualify for STD or other paid benefits, then you will also be paid available PTO during the remainder of 3
your medical leave. You may also use Replacement Holiday and/or Attendance Recognition Day, if available, during your medical leave of absence. LTD benefits are available for disabilities lasting 180 calendar days or longer. The elimination period may be satisfied with days of total disability, partial disability or a combination of both. Huntington realizes that when taking leave you may want to reserve some PTO to use for future absences. Therefore, one time in a calendar year, during an approved continuous family or medical leave lasting more than three (3) days, you may reserve up to five (5) days of PTO to use for any future absences in the calendar year, provided your leave commences prior to October 1. You may not reserve PTO if your leave begins on or after October 1, if you have previously reserved PTO any time during the calendar year, of if your leave is taken on an intermittent or reduced leave schedule basis. Eligibility for incentive payments while on medical leave will be governed by the applicable rules in each, individual incentive plan document. Merit or promotional pay increases will not take effect until after you return to active service. Merit or promotional pay increases delayed under this section will not be retroactive. Continuation of Benefits While on Medical Leave During medical leave Huntington maintains medical, dental and health care spending account benefits for you and your family members already enrolled. More information on your options with respect to these coverages is contained in the Health Care Plan. Time spent on medical leave will count as eligibility service for the Huntington Investment and Tax Savings Plan. If you were hired or rehired prior to January 1, 2010, time spent on personal leave will count for vesting service and eligibility for early retirement under the Huntington Bancshares Retirement Plan. Time spent on medical leave will count as accrual service for the Transition Pay Plan and the Short-Term Disability Plan. Following is information regarding payment for benefits while you are on leave. Medical, Dental and Health Care Spending Account (HCSA) While you are on paid leave, your normal salary deductions for medical benefits, dental benefits, and your Health Care Spending Account will be made. While you are on unpaid leave, your contribution amounts will be the same as if you were actively working. Huntington will periodically inform you of the amount of your share of the cost for such coverage that remains unpaid. You may pay your share of the cost of such coverage on the same schedule as payments are made under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or under any other system voluntarily agreed to between you and Huntington that is not inconsistent with the regulations under FMLA or under section 125 of the Internal Revenue Code (Code). If your medical leave extends beyond 180 days you will be required to pay your share of 4
the cost for this coverage through monthly ACH deductions from your bank account. If one or more of your payments are more than 30 days overdue, your coverage under the plan will be terminated retroactive to the last date for which premiums were paid. If you are on an unpaid leave of absence and have not paid for all or part of your share of the cost of benefits coverage, Huntington may collect unpaid employee contributions for those periods in which coverage was provided, but employee contributions were not made. When you return to work, or when your payroll cycle resumes and you begin receiving a paycheck from Huntington, it will be your responsibility to pay Huntington back for any benefit deductions that are due. If you fail to return to work following a period of unpaid leave, Huntington may recover all or any portion of the cost of medical, dental or HCSA coverage that Huntington maintained while you were on unpaid leave, unless your failure to return to work is due to: (1) the continuation, recurrence, or onset of either a serious health condition for you or your family member, or a serious injury or illness of a covered servicemember, which would otherwise entitle you to leave under FMLA; or (2) other circumstances beyond your control. Group Term Life Insurance Group Term Life Insurance coverage will continue for periods of paid and unpaid leave. Optional Term Life Insurance and Accidental Death and Dismemberment Insurance Optional Term Life Insurance and Accidental Death and Dismemberment Insurance coverage will continue for periods of paid and unpaid leave. While you are on paid leave, Huntington will deduct contributions for such coverage from your pay in the same manner as if you were actively at work. While you are on unpaid leave, your contribution amounts for this coverage will be the same as if you were actively working. Huntington will periodically inform you of the amount of your share of the cost for such coverage that remains unpaid. You may pay your share of the cost of such coverage on the same schedule as payments are made under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or under any other system voluntarily agreed to between you and Huntington that is not inconsistent with the regulations under FMLA or under section 125 of the Internal Revenue Code (Code). If your medical leave extends beyond 180 days you will be required to pay your share of the cost for this coverage through monthly ACH deductions from your bank account. If one or more of your payments are more than 30 days overdue, your coverage under the plan will be terminated retroactive to the last date for which premiums were paid. If you are on an unpaid leave of absence and have not paid for all or part of your share of the cost of benefits coverage, Huntington may collect unpaid employee contributions for those periods in which coverage was provided, but employee contributions were not made. When you return to work, or when your payroll cycle resumes and you begin receiving a paycheck from Huntington, it will be your responsibility to pay Huntington back for any benefit deductions that are due. 5
If you fail to return to work following a period of unpaid leave, Huntington may recover all or any portion of the cost of Optional Term Life Insurance and Accidental Death and Dismemberment Insurance that Huntington maintained while you were on unpaid leave, unless your failure to return to work is due to: (1) the continuation, recurrence, or onset of either a serious health condition for you or your family member, or a serious injury or illness of a covered servicemember, which would otherwise entitle you to leave under FMLA; or (2) other circumstances beyond your control. Long-Term Disability Benefits Your long term disability insurance ceases in accordance with the provisions of the Employee Group Benefits Booklet provided by Sun Life. A copy of this booklet is available under the My Health and Welfare Benefits section of the Employee Handbook. Huntington Investment and Tax Savings Plan (the 401(k) Plan) Huntington Investment and Tax Savings Plan participation will continue in the same manner as though you were actively employed, so long as you receive pay that is eligible for pre-tax contributions. If you are receiving pay that is not eligible for 401(k) Plan contributions, or if you are on unpaid leave, contributions to the 401(k) Plan cannot be made. Contributions will be automatically reinstated upon return to work unless you suspend participation or change your contribution percentage under the terms of the 401(k) Plan. Contributions, including Company-matching contributions, cannot be reinstated retroactively. Other Benefits While you are on paid leave, any Huntington Dependent Care Spending Account, Health Savings Account and Commuter Benefit contributions will continue to be deducted from your pay in the same manner as if you were actively at work. You are not eligible for coverage under the Huntington Bancshares Incorporated Short Term Disability Plan after 180 days of medical leave. Return to Work Certificate You are required to submit a fitness-for-duty certificate prior to being restored to employment with Huntington. This certificate must specifically address your fitness to return to work and/or specify any limitations on your ability to resume your job duties. If you fail to submit the fitness-for-duty certificate, then your return to work may be delayed until it is submitted. Further, if you delay in or fail to provide the fitness-for-duty certificate, your eligibility for paid benefits during your absence may be adversely affected and you may be subject to disciplinary action, up to and including employment termination. 6
Returning From Leave If you are approved for medical leave, Huntington will attempt to hold open your position for you while you are on leave, although Huntington may need to fill your position due to business necessity (except that Huntington will reinstate employees on FMLA-approved leave who are entitled to reinstatement to their same or equivalent position, with the same pay, benefits, and conditions of employment, provided their employment would not have otherwise been terminated [e.g., reduction in force]). If your position is filled while you are on leave, when you are ready to return to work, Huntington will attempt to locate a position for you that is comparable to the position you held at the start of your leave. If you are offered a comparable position, but turn it down, you will be considered to have resigned employment. Alternatively, if no position is available for you, you will be placed on Leave/Other status for up to sixty (60) calendar days, and you will be eligible to post and to be considered for any other position for which you are qualified. It is important that you keep your Manager informed of your status and plans to return to work. This will help ensure adequate staffing in your department during your leave and will help to expedite your return to work at the conclusion of your leave. To further facilitate your return to work, if the circumstances of your leave change and you are able to return to work earlier than anticipated, you are required to notify Huntington at least two (2) work days prior to the date you intend to return to work. Termination of Leave If you exhaust an approved medical leave for a period of time lasting 180 days or less and you are unable or unwilling to return to work or if you elect not to return to work at the conclusion of the approved medical leave, you will be considered to have resigned employment. If you exhaust 180 days of approved medical leave and have not applied for LTD benefits, and you are unable or unwilling to return to work or if you elect not to return to work, your employment will be terminated. If you exhaust 180 days of approved medical leave and have applied for LTD benefits but such application for benefits has been initially denied by Huntington s LTD insurer, your employment will terminate upon the exhaustion of 180 days of approved medical leave or the date your application for LTD benefits is initially denied, whichever is later, if you are unable or unwilling to return to work or if you elect not to return to work. If you applied for and are awarded LTD benefits, your medical leave will terminate on the earlier of: (i) the date on which you are determined to no longer be disabled by Huntington s LTD insurer; or (ii) you exhaust 365 days of approved medical leave. If your medical leave terminates and you are unable or unwilling to return to work or if you elect not to return to work, your employment will be terminated. At the termination of your employment, you will have the option of continuing any medical, dental, and/or vision coverage in which you are enrolled at your cost through COBRA Continuation Coverage and/or continuing any basic, optional and/or dependent term life insurance in which you are enrolled at your own cost through a portability or conversion 7
policy. Additional information regarding these options is available in the Health Care and Survivor Benefits Summary Plan Descriptions. If Your Position is Eliminated If your department and/or position is eliminated, closed or otherwise terminated while you are on leave, you will receive the same treatment as other similarly affected employees. If you are eligible and qualify for benefits under the Transition Pay Plan and if you are on an approved continuous medical leave of absence that has been approved and designated by the Company as leave under the Family and Medical Leave Act ( Approved Family or Medical Leave ) at the time your position is eliminated, then you are eligible for benefits under the Transition Pay Plan on the day you are released to return to work, provided the release occurs prior to the expiration of your Approved Family or Medical Leave. If your release occurs after the expiration of your Approved Family or Medical Leave, you will not be eligible for benefits under the Transition Pay Plan. FMLA Protection Huntington provides FMLA-protected leave to all employees who qualify. Huntington will not tolerate the interference with, restraint, or denial of any employee s right provided under the FMLA. Huntington will not discharge or discriminate against any employee who opposes any practice made unlawful by the FMLA or who is involved in any proceeding under or relating to the FMLA. The FMLA does not affect any federal or state law prohibiting discrimination; nor does it supersede any state or local law which provides greater family or medical leave rights. FMLA complaints may be filed with the Unites States Department of Labor or through private lawsuits. Definitions Family and Medical Leave Act A federal law that provides that employees who have completed at least twelve (12) months of employment with Huntington within the last seven (7) years, who have worked at least 1,250 hours in the 12-month period prior to the start of family or medical leave, and who work at a worksite where there are at least 50 or more employees with 75 miles are eligible for up to twelve (12) weeks of leave within a 12-month leave period. The twelve (12) months of employment with Huntington do not need to be consecutive. The 12-month leave period during which FMLA leave may be taken is measured backward from any date FMLA leave is taken. Health care provider A doctor of medicine or osteopathy who is authorized to practice medicine in the state in which he or she practices. A health care provider may also include a podiatrist, Christian Science practitioner, dentist, clinical psychologist, optometrist, chiropractor (under limited circumstances), or nurse practitioner or nurse midwife authorized to practice in the state and performing within the scope of his or her practice 8
as defined under state law. Additionally, a health care provider includes individuals from whom Huntington or Huntington s group health plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits. Serious health condition An illness, injury, impairment, or physical or mental condition involving either in-patient care or continuing treatment by a health care provider. A serious health condition can be (1) an illness, injury or mental condition that requires inpatient care in a hospital, hospice or other inpatient medical care facility; (2) any condition requiring absence from work, school or other daily activities for a period of three or more consecutive calendar days and which involves two visits to a health care provider or treatment by a health care provider with at least one visit that results in a regimen of continuing treatment; (3) incapacity due to pregnancy, prenatal medical care, or child birth; or (4) any chronic or long-term health condition requiring continuing treatment by a health care provider that is incurable or so serious that, if not treated, would result in an absence of more than three calendar days. 9
10 Posted January 2017