FAMILY AND MEDICAL LEAVE
POLICY
If you have been employed by the
Company for at least twelve (12) months and you have performed at least 1,250
hours of service during that twelve (12) month period, you may be eligible to
take up to twelve (12) weeks of family and medical leave during the following
twelve (12) month period, for one or more of the following reasons:
1) the birth of a child and
to care for a newborn child (leave must be completed within one year after
the birth);
2) the placement of a child
with you for adoption or foster care (leave must be completed within one
year after placement);
3) to care for your spouse,
child, or parent with a serious health condition; or
4) if you are unable to
perform the functions of your position because of a serious health
condition.
A "Serious Health
Condition" means an illness, injury, or condition that involves one of the
following:
1) Any period of inpatient
care (overnight stay at a hospital or other medical care facility) or
subsequent treatment in connection with such inpatient care.
2) Any period of incapacity
of more than three consecutive calendar days
(including any subsequent treatment or period of incapacity relating to the
same condition) that also involves:
(a) Treatment two or more
times by a health care provider, by a nurse or physician's assistant under
direct supervision of a health care provider, or by a provider of health
care services (e.g. physical therapist) under orders of, or on referral
by, a health care provider; or
(b) Treatment by a health
care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider.
3) Any period of incapacity
due to pregnancy, or for prenatal care.
4) Any period of incapacity
due to a condition which:
(a) Requires periodic
visits for treatinent by a health care provider, or by a nurse or
physician's assistant under direct supervision of a health care provider;
(b) Continues over an
extended period of time (including recurring episodes of a single
underlying condition); and
(c) May cause episodic
rather than a continuing period. of incapacity. Examples include asthma,
diabetes, and epilepsy.
5) Any period of incapacity
which is permanent or long-term due to a condition for which
treatment may not be effective. The employee or family member must be under
the continuing supervision but need not be receiving active treatment by a
health care provider. Examples include Alzheimer's, a severe stroke, or the
terminal stages of a disease.
6) Any period of absence to
receive multiple treatments (including any period of recovery
therefrom) by a health care provider or by a provider of health care
services under orders or on referral by, a health care provider, either for
restorative surgery after an accident or other injury, or for a condition
that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or
treatment. Examples include chemotherapy for cancer, physical therapy for
severe arthritis, or dialysis for kidney disease.
A serious health condition
generally does not include an absence of three or less days for a common cold,
broken limb or other non-chronic condition that does not require multiple
treatments.
To determine if you have unused
family and medical leave time, a "rolling" twelve (12) month period
will be used. Twelve (12) weeks leave will be allowed within any twelve (12)
month period. For example, if on September 1, 1999 an employee needs to take a
family and medical leave for one of the above reasons, the Company will go back
one year (through August 31, 1998) to determine how many weeks (or portion
thereof) of family and medical leave the employee has already used. Assume three
(3) weeks have already been used in November, 1998. Therefore, the employee's
leave beginning on September 1, 1999 could last up to nine (9) weeks. Assume,
however, that the employee takes only four (4) weeks leave in September, 1999.
If the employee then wants to take a family and medical leave beginning December
1, 1999, the Company would look back at the amount of leave taken from December
1, 1998 through November 30, 1999. Since the employee took four (4) weeks during
this period in September, 1999 the employee's leave beginning on December 1,
1999 could last up to eight (8) weeks. The allowable amount of any subsequent
leaves would be calculated in the same manner, looking back at the amount of
leave taken in the twelve (12) months previous to the requested leave and
deducting that amount from twelve (12) weeks.
An employee requesting family and
medical leave must provide the Company with at least 30 days advance notice
before family and medical leave is to begin if the need for the leave is
foreseeable. In the case of unforeseeable leave, notice must be given as soon as
practicable after the need for leave is known. In the case of leave for reasons
3 or 4 above, when leave is foreseeable and based on planned medical treatment,
you must make a reasonable effort to schedule the treatment so as not to unduly
disrupt the operations of the Company. In all cases, you must make all leave
requests in writing either prior to foreseeable leaves or as soon as practicable
after unforeseeable leaves.
An employee's request for family
and medical leave due to his or her serious health condition or to care for a
seriously ill family member must be supported by a certification issued by the
employee's health care provider or the health care provider of the employee's
seriously ill family member at the time leave is requested or soon thereafter.
In the case of unforeseen leave, certification must be provided as soon as
practicable after leave commences. Under certain circumstances, the Company may
require, at its expense, a second opinion by a health care provider chosen by
the Company.
While you are on family and
medical leave, the Company will continue to pay your premiums for health
insurance (less regular employee contributions), and you will not lose any
seniority or other employment benefits accrued prior to the leave(s). However,
seniority and other employment benefits such as paid personal and vacation leave
shall not accrue during any period of unpaid leave. If you do not return to work
after the period of leave has expired, the premiums for medical insurance
coverage paid for by the Company during the family and medical leave must be
repaid to the Company.
If you request leave beyond the
time granted by the Family and Medical Leave Act and that leave is granted, the
Company will not continue to pay premiums for your medical insurance. Seniority
and other employment benefits will not accrue during such additional leave.
In connection with any family and
medical leave, you will be required to substitute, or use up, any vacation, sick
days, personal or other paid leave before the leave will be on an unpaid basis.
Leave under the family and medical leave policy is unpaid leave, and the
application of accrued vacation, sick days and the like will not extend the
total twelve (12) week period of available family and medical leave.
Upon returning from family and
medical leave, you will be returned to the job position you held at the time you
went on leave, or an equivalent position. Reinstatement may not apply in certain
circumstances to employees among the highest paid ten percent of all employees.
However, an employee on family and medical leave has no greater right to
restoration or to other benefits than if the employee had been continuously
employed instead of on leave.
You may request family and
medical leave in non-consecutive blocks of time ("intermittent leave")
or by reducing your regularly scheduled hours over a period of time
("reduced leave") for your serious health condition or to care for an
immediate family member with a serious health condition if it is medically
necessary. When requesting intermittent or reduced leave the request must be
supported by the written certification of a physician. While on intermittent or
reduced leave, the Company may place you in an alternative position which better
accommodates intermittent or reduced leave. Intermittent or reduced leave will
not be permitted for the birth of a child or for the placement of a child for
adoption or foster care.
If you are not eligible for
family and medical leave, you may request personal or other leave pursuant to
the personal leave or other leave policy of the Company.
Andrew S. Williams
Aronberg Goldgehn Davis & Garmisa
One IBM Plaza, Suite 3000
Chicago, Illinois 60611
312/755-3145
awilliams@agdglaw.com
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