Page: 1 of 6 Policy: Definitions: Enki Health and Research Systems, Inc (EHRS) will comply with all Federal and State laws pertaining to the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Serious Health Condition - A serious health condition is defined as an illness, injury, impairment, or physical or mental condition which involves in-patient care in a hospital, hospice, or residential health-care facility or continuing treatment or continuing supervision by a health-care provider. Health Care Provider - A Health Care Provider is defined as a doctor of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices, or any other person determined by the Secretary of Labor to be capable of providing health care services. Twelve Weeks The equivalent of twelve normally scheduled work weeks. For eligible employees working more or less than five days a week, the number of working days constituting twelve (12) weeks is calculated on a pro rata or proportional basis. Procedure: 1.0 Length of Employment 1.1 In order to be eligible for Family and Medical Leave an employee must be employed continuously by EHRS for at least twelve (12) months working a minimum of 1,250 hours in the preceding twelve (12) months and be otherwise qualified for benefits. 2.0 Length of Leave 2.1 Eligible employees may take twelve (12) weeks, (or 60 days, or 480 hours) in a twelve (12) month period of unpaid leave. 2.2 For leave to care for an ill or injured military service member, an employee may take up to twenty six (26) work weeks of family leave in a twelve (12) month period. 2.3 If an employee takes leave on an intermittent or reduced work schedule, only the amount of leave actually used may be counted towards the twelve (12) or twenty six (26) weeks of leave the employee is entitled to. For example, if an employee needs physical therapy that requires an absence from work of two hours a week, only those two hours can be charged against the employee s family leave entitlement.
Page: 2 of 6 2.4 The twelve (12) or twenty six (26) weeks in a twelve (12) month period of time is defined as beginning on the date that the first leave begins. This remains the fixed period for duration of employment. 3.0 Reasons for Leave 3.1 For the birth or adoption of a child (either parent). Must be commenced within one (1) year. Leave for baby bonding with a newborn child may not exceed an additional twelve (12) weeks after the completion of Pregnancy Disability Leave (PDL). The total of PDL and CFRA cannot exceed seven (7) months per birth. 3.1.1 If both parents work for EHRS and both are eligible for FMLA/CFRA the total time for baby bonding cannot exceed twelve (12) weeks for both parents, the parents may choose how to split the time. Any time remaining from the twelve (12) weeks of leave cannot be used for baby bonding but is available for any other eligible leave reason. 3.2 Family care for the care of a (non-newborn) biological, adopted, foster, stepchild, adult dependent child, or legal ward with a serious health condition (either parent). 3.2.1 For the care of a child. If both parents work for EHRS and both are eligible for FMLA/CFRA each parent can request and take up to twelve (12) weeks off to care for the child either concurrently or consecutively. 3.3 For the care of a parent (either biological or someone who stands or stood in the place of a parent to the employee when the employee was a child) with a serious health condition This does not include parents-in-law. 3.4 For the care of spouse or registered domestic partner (as defined or recognized under California state law) with a serious health condition. 3.5 For a serious health condition of the employee that makes the employee unable to work as certified by a medical provider. 3.6 Qualifying Exigency because of employee s or family member s active military duty arising because the spouse, son, daughter or parent of the employee is on active military duty, or has been notified of an impending call to active duty status, in support of a contingency operation. The family member must be a member of the Guard, Reserve or be a retired member of the Armed Services. 3.7 Care for Ill or Injured Service Member An employee who is the spouse, child, parent or next of kin of a covered service member to care for a covered service member who is ill or injured in the line of duty while on active duty. This leave is covered under CFRA if family member is a covered CFRA
Page: 3 of 6 dependant i.e., spouse, child or parent. If next of kin the leave is not covered by CFRA and therefore the remaining fourteen (14) weeks would be covered only under FMLA. 4.0 How Leave is Taken Leave may be taken all at once or, if applicable, may be taken intermittently or on a reduced hour per day schedule as medically required. Please note the following: 4.1 When leave is taken intermittently, or on a reduced leave schedule (because of planned medical treatment), the employee may be required to temporarily transfer to an available alternative position with equivalent pay and benefits. 5.0 Requesting Leave 5.1 Written request for Family and Medical Leave should be made by the employee to their supervisor. Certain leaves require additional certification documents. 5.2 Where the necessity for leave is foreseeable, employees must provide at least thirty (30) days notice before the leave is to commence. Failure to provide this notice may result in a delay of the leave. 5.3 When the need for leave is not foreseeable, employees must provide as much advance notice as practicable but medical certification must be provided no later than fifteen (15) calendar days after the leave begins. 5.4 When the requested leave is foreseeable for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt EHRS operations, subject to the approval of the health care provider. 5.5 Employees may request accrued vacation to be paid out to them while on leave. 6.0 Certification Documents 6.1 Leave for employees serious health condition must be supported by a certification from an appropriate health care provider, at the employee s expense. The certification must include: 6.1.1 The date on which the serious health condition commenced 6.1.2 The probable duration of the condition 6.1.3 A statement that the employee is unable to perform the essential functions of his/her job. 6.1.4 For purposes of intermittent leave or a reduced leave schedule, a statement of the medical necessity and expected duration/schedule of leave.
Page: 4 of 6 6.2 Leave for care of family member s serious health condition must be supported by a completed certification from an appropriate health care provider at the employee s expense. The certification must include: 6.2.1 Name of family member for whom the employee will provide care. 6.2.2 Relationship to the employee. 6.2.3 Describe care employee will provide and estimated length of leave required. 6.2.4 Approximate date condition commenced. 6.2.5 Estimated duration of condition. 6.2.6 If leave is an intermittent or reduced schedule basis, the number of hours the family member requires care (hours per day/days per week). 6.2.7 A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent or spouse, including providing psychological comfort and arranging third party care for the child, parent or spouse and directly providing, or participating in, the medical care. 6.3 Leave for Qualifying Exigency for Military family leave certification form must be completed by the employee. 6.3.1 Name of covered military member and relationship to the employee. 6.3.2 Period of covered military member active duty. 6.3.3 Copy of covered military member s active duty orders must be attached or other certified documentation from the military. 6.3.4 Reason for required leave. 6.3.5 Amount of leave needed and specific dates required. 6.4 Leave for serious injury or illness of covered service member must be supported by a completed certification from an appropriate health care provider at the employee s expense. The certification must include: 6.4.1 Name of the covered service member, branch, rank and unit currently assigned to. 6.4.2 Relationship to the employee. 6.4.3 Care to be provided to the covered service member. 6.4.4 Estimated leave time to provide care. 6.4.5 Approximate date condition commenced. 6.4.6 Probable duration of condition. 6.5 EHRS reserves the right to require additional certifications or opinions on the leave, at EHRS s expense. Should the second opinion differ from the original certification, EHRS may require a third opinion, paid for by EHRS, by a designated health-care provider or one approved jointly by the employee and
Page: 5 of 6 the employer. The opinion of the third provider is then final and binding on both parties. 6.6 An employee taking leave for a serious health condition of the employee, must, before returning to work, provide a certificate from a health care provider that the employee can safely resume work and indicate any work restrictions. 7.0 Reinstatement of Employment 7.1 The taking of leave under this policy will not result in the loss of benefits accrued prior to taking leave, except for the need to use other accrued leave as described elsewhere in this policy. 7.2 Except as provided herein, upon return from leave, an employee entitled to reinstatement will be returned to the same position previously held, or an equivalent position, with equivalent pay, benefits and terms and conditions of employment. 7.3 The possibility exists that the position of an employee on leave could be eliminated as a result of changing business or economic conditions. Although EHRS will make a good faith effort to restore an employee to the same or an equivalent position, such reinstatement may not always be possible. 7.3.1 EHRS reserves the right to deny reinstatement to employees if the employee is a key employee which means that: 7.3.1.1 The employee requesting the leave is among the highest paid ten (10) percent of EHRS s workforce within 75 miles of his or her worksite; 7.3.1.2 The refusal is necessary because the employee s reinstatement causes EHRS s operations substantial and grievous economic injury; and 7.3.1.3 EHRS will notify the employee of the intent to refuse reinstatement when EHRS determines the refusal is necessary due to economic injury. 7.3.1.4 If the leave already has begun, EHRS must give the employee a reasonable opportunity to return to work following the notice of intent to deny. 7.3.2 EHRS reserves the right to deny reinstatement to any employee if the employee would have been laid off or terminated regardless of being on family leave. 8.0 Health Benefits While on Leave
Page: 6 of 6 8.1 Health benefits under the group health plan will continue to be provided, not to exceed three (3) months, under the same conditions as if the employee had continuously stayed in employment during the period of leave. 8.1.1 Should the employee not return after the leave due to reasons other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the control of the employee, he or she may have to repay the employer-paid premiums. 8.1.2 If the employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition, a certification of the serious health condition may be required. 8.2 Dependant coverage is still the responsibility of the employee and payment must be received in the Corporate office no later than the twenty fifth (25 th ) of the month of coverage. 8.3 Once EHRS paid insurance benefits cease the process to continue coverage under COBRA will begin. 9.0 Flexible Spending Account (FSA) Payments While on Leave 9.1 Employee may choose to continue FSA payments while on leave or, 9.2 Employee may choose to catch up on FSA payments after return from leave. 9.3 For more specific information see FSA Personnel Policy P-580 (under benefits) 10.0 Employees taking FMLA/CFRA may be eligible for State Disability or paid Family Leave benefits. Health Care Provider or State Employment Development Department (EDD) should be consulted.