Definition

Family and medical leave under the federal Family and Medical Leave Act (“FMLA”) refers to a period when an employee takes time off work for any of the following reasons: to care for the employee’s spouse, child, or parent with a serious health condition; the employee’s own serious health condition makes the employee unable to perform the essential functions of his or her position; or to care for an employee’s newborn child, or a child placed with an employee for foster care or adoption. FMLA leave is unpaid.

Eligibility

Employees are eligible for FMLA leave if they:

1. have worked for the Company for at least 12 months prior to the date on which the leave is to commence,1
2. have worked at least 1,250 hours during the 12-month period preceding the leave, and,
3. are employed at a worksite where the Company maintains on the payroll (as of the date of the leave request), at least 50 part- or full-time employees within 75 miles (measured in road miles) of the worksite where the employee requesting the leave is employed.

Eligible employees may take up to a maximum of 12 workweeks of unpaid FMLA leave within a 12-month period. Time off from work because of the employee’s disability due to pregnancy, childbirth, or related medical condition is counted as time used for FMLA leave.

Intermittent Leave Requests

Employees may take FMLA leave intermittently (in blocks of time, or by reducing their normal weekly or daily work schedule) if the leave is for the serious health condition of the employee’s child, parent, or spouse, or of the employee, and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is one hour.

Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous period of time.

Notice of Planned FMLA Leave

If the event necessitating the leave is based on the expected birth, placement for adoption, or foster care of the employee’s child, or planned medical treatment for a serious health condition of the employee or a family member, the employee must provide notice of at least 30 days’ advance notice before leave is to begin. The employee must consult with the Company regarding the scheduling of any planned medical treatment or supervision so as to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the health care provider of the employee or the health care provider of the employee’s child, parent, or spouse.

If 30 days’ notice is not practicable, notice must be given as soon as practicable. Failure to comply with these rules is grounds for, and may result in, deferral of the required leave until the employee complies with this notice policy.

Certification of FMLA Leave

1. The Company will require that the employee provide certification as explained below, within 15 days of the employee’s request for FMLA leave, unless it is not practicable for the employee to do so. Upon expiration of the estimated time needed for the FMLA leave set forth in the certification, the leave will automatically terminate and the employee will be expected to return to work. If additional FMLA leave is required, an employee must, prior to expiration of the FMLA leave, submit additional certification to the Company, as set forth below. If an employee fails to return to work immediately after the approved FMLA leave expires, the employee will be considered to have voluntarily resigned from the Company.
2. If the leave is needed to care for a sick child, spouse, or parent, the employee must provide a certification from the health care provider that states:
   • date of commencement of the serious health condition;
   • probable duration of the condition;
   • estimated amount of time the health care provider will provide care; and
   • confirmation that the serious health condition warrants the participation of the employee.
3. In cases where both parents are employed by the Company and the leave requested is for the birth, adoption, or foster care of a child, the Company will not grant more than 12 weeks total of FMLA leave between the two employees.
4. If the leave is needed for the employee’s own serious health condition, the employee must provide a certification from the health care provider that states: