503 - FAMILY AND MEDICAL LEAVE
The federal Family & Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees within a 75-mile radius, to provide eligible employees with unpaid leave. There are two types of leave available, including the basic 12-week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlements (Military Family Leave) described in this policy.
In addition to FMLA leave, you may also be eligible for leave under a similar state law. To find out about the availability of state leave, please contact the Human Resources Department at 503.281.1289.
Eligibility for FMLA Leave
Employees are eligible for FMLA leave if they:
Have worked for the company for at least 12 months;
Have worked at least 1,250 hours for the company during the 12 calendar months immediately preceding the request for leave; and
Are employed at a work site that has 50 or more employees within a 75-mile radius.
The 12 months of service need not be consecutive. Employment before a break in service of seven years or more will not be counted, unless the break in service was caused by the employee’s USERRA-covered service obligation, or there was a written agreement that the employer intended to rehire the employee after the break in service.
Basic FMLA Leave
Employees who meet the eligibility requirements described above are eligible to take up to 12 weeks of unpaid leave during any 12-month period for one of the reasons listed below. While an employee may be “eligible” many reasons require additional doctor’s certification or other documentation.
1. To care for the employee’s son or daughter during the first 12 months following birth;
2. To care for a child during the first 12 months following placement with the employee for adoption or foster care;
3. To care for a spouse, son, daughter, or parent (“covered relation”) with a serious health condition;
4. For incapacity due to the employee’s pregnancy, prenatal medical or childbirth; or
5. Because of the employee’s own serious health condition that renders the employee unable to perform an essential function of his or her position.
Married couples. In cases where a married couple is employed by the same company, the two spouses together may take a combined total of 12 weeks’ leave during any 12-month period for reasons 1 and 2, or to care for the same individual pursuant to reason 3.
Military Family Leave
There are two types of Military Family Leave available.
1. Qualifying exigency leave. Employees meeting the eligibility requirements described above may be entitled to use up to 12 weeks of their Basic FMLA Leave for a qualifying exigency while the employee’s spouse, son, daughter, or parent (the military member or member) is on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty).
For Regular Armed Forces members, “covered active duty or call to covered active duty status” means duty during the deployment of the member with the Armed Forces to a foreign country (outside of the United States, the District of Columbia, or any territory or possession of the United States, including international waters).
For a member of the Reserve components of the Armed Forces (members of the National Guard and Reserves), “covered active duty or call to covered active duty status” means duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation.
Qualifying exigencies may include:
Short-notice deployment (seven or less calendar days)
Attending certain military events and related activities
Childcare or school activities
Addressing certain financial and legal arrangements
Periods of rest and recuperation for the military member (up to 15 calendar days of leave, dependent on orders)
Attending certain counseling sessions
Attending post-deployment activities (available for up to 90 days after the termination of the covered military member’s covered active duty status, and to address issues arising from death of military member)
Attending to parental care needs arising from covered active duty or call to duty (arrange for alternative care for a parent of a military member, provide urgent or immediate care, admit or transfer to a care facility, or attend non-routine caregiver meetings with care facility staff)
Other activities arising out of the military member’s covered active duty or call to active duty and agreed upon by the company and the employee.
2. Leave to care for a covered servicemember. There is also a special leave entitlement that permits employees who meet the eligibility requirements for FMLA leave to take up to 26 weeks of leave during a single 12-month period if the employee is the spouse, son, daughter, parent, or next of kin caring for a covered military servicemember or veteran recovering from a serious injury or illness, as defined by FMLA's regulations.
For a current member of the Armed Forces, including a member of the National Guard or Reserves, the member must be undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status; or is otherwise on the temporary disability retired list, for a serious injury or illness.
For a covered veteran, he or she must be undergoing medical treatment, recuperation or therapy for a serious injury or illness. Covered veteran means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
An eligible employee must begin leave to care for a covered veteran within five years of the veteran’s active duty service, but the single 12-month period may extend beyond the five-year period.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Military Family Leave due to qualifying exigencies may also be taken on an intermittent basis. Leave may not be taken on an intermittent basis when used to care for the employee’s own child during the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless both the employer and employee agree to such intermittent leave.
Pay, Benefits, and Protections During FMLA Leave
Substitution of paid time off for unpaid FMLA leave. Family and medical leave and PTO will run concurrently. An employee must use any accrued PTO for all or parts of any family and medical leave until PTO is exhausted [exception for Staff employees, who will receive 2 weeks of RTO if they have been employed less than 5 years, or 4 weeks of RTO if they have been employed for 5 years or more].
PTO will not accrue while an employee is on FMLA leave nor will the employee be paid holiday pay. The substitution of PTO for unpaid leave time does not extend the 12-week leave period. Furthermore, in no case can the substitution of PTO for unpaid leave time result in the receipt of more than 100 percent of an employee’s salary.
Medical and other benefits. During an approved family medical leave, the company will maintain the employee’s health benefits as if the employee continued to be actively employed. If paid leave is substituted for unpaid family medical leave, the company will deduct the employee’s portion of the health plan premium as a regular payroll deduction. If leave is unpaid, the employee must pay his or her portion of the premium through monetary contributions.
An employee’s healthcare coverage will cease if the employee’s premium payment is more than 30 days late. If the payment is more than 15 days late, the company will send the employee a letter to this effect. If the company does not receive the co-payment within 15 days after the date of that letter, the employee’s coverage may cease. If the employee elects not to return to work for at least 30 calendar days at the end of the leave period, the employee will be required to reimburse the company for the cost of the premiums paid by the company for maintaining coverage during the unpaid leave, unless the employee cannot return to work because of a serious health condition or other circumstances beyond the employee’s control.
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee’s leave.
Return to job at end of FMLA leave. Upon return from FMLA leave, eligible employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Employee Responsibilities When Requesting FMLA Leave
If the need to use FMLA leave is foreseeable, the employee must give the company at least 30 days’ prior notice of the need to take leave. When 30 days’ notice is not possible, the employee must give notice as soon as practicable (within one or two business days of learning of the need for leave except in extraordinary circumstances). Failure to provide such notice may be grounds for delaying the start of the FMLA leave.
If the need for leave is not foreseeable, employees are required to provide as much notice as soon as practicable under the facts of the particular case. An employee requiring unforeseeable leave must, absent extraordinary circumstances, call his or her direct Supervisor and provide sufficient information regarding the employee’s need for leave to support a request for FMLA leave. It generally should be practicable for the employee to provide notice of leave within one business day.
When submitting a request for leave, the employee must provide sufficient information for the company to determine if the leave might qualify as FMLA leave, and also provide information on the anticipated date when the leave would start as well as the duration of the leave. Calling in “sick” is not sufficient. Sufficient information may include that the employee is unable to perform job functions; that a family member is unable to perform daily activities; that the employee or family member needs hospitalization or continuing treatment by a healthcare provider; or the circumstances supporting the need for military family leave. Employees also must inform the company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also will be required to provide a certification and periodic recertification supporting the need for leave.
Employer Responsibilities
When an employee requests leave from their Manager, it is the Manager’s responsibility to immediately inform Human Resources. The Human Resources Representative will inform the employee whether he or she is eligible under the FMLA. If the employee is eligible for FMLA leave, the employee will be given a written notice that includes details on any additional information he or she will be required to provide. If the employee is not eligible under the FMLA, the company will provide the employee with a written notice indicating the reason for ineligibility.
If leave will be designated as FMLA-protected, the company will inform the employee in writing and provide information on the amount of leave that will be counted against the employee’s 12- or 26-week entitlement.
Medical Certification
If the employee is requesting leave because of the employee’s own or a covered relation’s serious health condition, the employee and the relevant healthcare provider must supply appropriate medical certification. Employees may obtain Medical Certification forms from the Human Resources Department. When the employee requests leave, the company will notify the employee of the requirement for medical certification and when it is due (no more than 15 days after leave is requested). If the employee provides at least 30 days’ notice of medical leave, he or she should also provide the medical certification before leave begins.
Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The company, at its expense, may require an examination by a second healthcare provider designated by the company, if it reasonably doubts the medical certification initially provided. If the second healthcare provider’s opinion conflicts with the original medical certification, the company, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion.
The company may require subsequent medical recertification. Failure to provide requested certification within 15 days, except in extraordinary circumstances, may result in the delay of further leave until it is provided. Employees may also be required to provide a fitness-for-duty certification upon return to work, or during intermittent leave, as required.
Reporting While on Leave
If an employee takes leave because of the employee’s own serious health condition or to care for a covered relation, the employee must contact the company on the first and third Tuesday of each month regarding the status of the condition and his or her intention to return to work.
Exemption for Highly Compensated Employees
Highly compensated employees (i.e., highest-paid 10 percent of employees at a work site or within a 75-mile radius of that worksite) may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial economic injury to the company. (This fact-specific determination will be made by the company on a case-by-case basis.) The company will notify employees if they qualify as “highly compensated” employees if the company intends to deny reinstatement, and of employees’ rights in such instances.
Intermittent and Reduced-Schedule Leave
Leave because of a serious health condition, or either type of family military leave may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced-schedule leave (reducing the usual number of hours worked per workweek or workday) if medically necessary. If leave is unpaid, the company will reduce the employee’s salary based on the amount of time actually worked. In addition, while an employee is on an intermittent or reduced-schedule leave, the company may temporarily transfer the employee to an available alternative position that better accommodates the recurring leave and that has equivalent pay and benefits.
@2021 The DPI Group. All Rights Reserved. Revision Dates: 02/10/2021 - The DPI policies do not form a contract, express or implied, nor do they guarantee employment for any specific length of time. Employment with The DPI Group or any subsidiary is at-will. This means that either the employee or employer can terminate the employment relationship at any time, for any reason. No statements made by any supervisor or manager can alter this at-will relationship. The at-will relationship can only be changed through a signed written agreement that specifically sets forth the terms between the employee and the President/Chief Executive Officer of the Company.