ADA, FMLA, Workers Compensation, ADA, Maternity Leave, Short Term Disability, Long Term Disability - Did you know that your employee can fall under more than one of these leaves at any given time because they overlap or run concurrently?  As an employer, your may ask - Which do I follow?  The answer may be more than one.  For example, employees who are out on FMLA leave due to their "serious health condition" which might also qualify as a "disability" under the ADA may require additional leave time at the end of their FMLA leave.  The employer would be expected to grant the employee additional time off from work as a "reasonable accommodation" under the ADA.

Family and Medical Leave Policy - (50 or more employees)

Any employee who has worked for the Company at least 12 months with a minimum of 1250 hours during that 12 month period is eligible for family and medical leave.  Family and medical leave may be requested under the following circumstances:

1. To care for newborn son or daughter.
2. To care for newly adopted or foster care child.
3. To care for spouse, child*, or parent with a "serious health condition".
4. Employee's own "serious health condition" which causes the employee to be unable to perform the functions of his or her job.

* Note:  Children over 18 must be incapable of self care due to mental or physical disability.

An eligible employee is entitled to take a total of 12 workweeks of leave during any twelve month period.  The 12 month period will be based on the calendar year.  (Employers may chose to base the 12 month period on the fiscal year, employee's anniversary date, a rolling 12 month period or the 12 month period beginning with the employee's first FMLA leave.  The same method must be used for all employees.)

Employees are asked to provide thirty(30) days notice when requesting FMLA leave.  (Once employer has determined leave is FMLA qualifying it has 2 days to notify employee that the leave will be counted as FMLA.)

FMLA leaves are unpaid.  Any Holidays occurring during the leave will be unpaid.  Leaves of more than 5 workdays related to the employee's disability will be charged against the short and / or long term disability plans and FMLA leave concurrently, retroactive to the first day of leave.  The Company may require or the employee may choose to substitute any accrued paid leave such as vacation, personal, sick, or maternity for any or all of the 12 week period.  An employee with a work related injury or illness which qualifies under FMLA may choose whether to receive paid leave from the Company or workers compensation benefits, but cannot receive both.

The Company will continue to provide group health insurance throughout the FMLA leave at the employee's regular contribution rate.  If the employee fails to return to work for at least 30 days following the leave for reasons other than continuation, recurrence or onset of a serious health condition or for circumstances beyond the employee's control, he or she will be required to reimburse the Company for the Company's contribution for group health insurance coverage during the leave period.  The employee will be responsible for the full payment of any group dental, vision, disability, or life insurance.

Upon returning to work following the FMLA leave, the employee will be reinstated to the position held prior to the leave or to an equivalent position with equivalent benefits, pay and other terms and conditions.

Records including dates, payroll information, employee notices, premium payments of employee benefits, and documents relating to medical certification will be retained by the Company for a minimum of 3 years.

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Bereavement -

An employee will be allowed time off with full pay when a death occurs in the immediate family.  The "immediate family" is defined to include a parent, spouse, or child.  The Company usually allows one week of bereavement leave in the event of such death.  Exceptions will be handled on an individual basis.

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Parental Leave -

An employee who receives a new child into the family is entitled to parental leave.  A period of eight weeks will be granted to the employee with a new child.  The employee will thereafter be reinstated to the employee's prior position or a comparable position, to the extent required by law.  This leave will be unpaid and the position of the employee may not be held for a period longer than eight weeks.

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National Guard Duty -

An individual who participates in the National Guard will be allocated the necessary time during the year to fulfill the armed services requirement.  The time will be unpaid by the Company.  Should there be an event which requires an employee to be activated for service, the employee's job will be held open for the employee in the manner provided by law.  This leave will be unpaid.

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Americans with Disabilities Act (ADA) -

The Company  is committed to providing equal employment opportunities to otherwise qualified individuals with disabilities, which includes providing accommodations whenever necessary.  In general, it is the employee's responsibility to notify us of the need for an accommodation.  Upon doing so, the employee may be asked for his or her input or the type of accommodation he or she believes may be necessary, or the functional limitations caused by the disability.  Also, when appropriate, we may need the employee's permission to obtain additional information from his or her physician or other medical or rehabilitation professionals.

On July 26, 1990, the Americans with Disabilities Act of 1990 (ADA) became law.  The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, sex, national origin and religion.  It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications.

It is the policy of this Company to abide by this law.

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