Family and Medical Leave (FMLA) Policy

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1 Family and Medical Leave (FMLA) Policy Overview of Family and Medical Leave Act (FMLA) The U.S Department of Labor's Employment Standards Administration Wage and Hour Division administers and enforces the Family and Medical Leave Act (FMLA). FMLA entitles Eligible employees to take up to 12 weeks of unpaid, job-protected leave in a rolling 12 month period for specific family and medical reasons. Short-term disability and state leave, if available, run concurrently with FMLA, and is not in addition to FMLA. While you are on an FMLA leave, you will be entitled to your health benefits. FMLA leave cannot result in the loss of any benefit that accrued prior to the start of leave. Whenever possible, your foreseeable FMLA leave should be requested 30 days in advance of the date you wish to begin your leave. In addition, your health provider must provide a medical certification for a personal serious health condition, or the serious health condition of your spouse, son, daughter, parent or household member, or provide proof of the birth, adoption or foster placement of a child. If you fail to provide the necessary certification, your leave request may be denied. After experiencing a serious health condition you may be required to submit a certification of your fitness to return to work. Eligibility for Family and Medical Leave Benefits To be eligible for FMLA benefits you must: have worked for the Company for a total of 12 months; have worked at least 1,250 hours over the previous 12 months; have not exhausted 12 weeks of FMLA leave in the past 12 months; and have worked at a location in the United States or in any territory or possession of the United States where at least 50 Employees are employed by the Company within 75 miles. Events Qualifying for Family and Medical Leave As an eligible Employee, you are entitled to up to a total of 12 work weeks of unpaid leave during any rolling 12 month period for one or more of the following reasons: Birth and care of your newborn child; adoption of your child or foster care of a child placed with you; to care for an eligible family member, including a child, spouse, or parent with a serious health condition; or medical leave for your own serious health condition.

2 You may still qualify for FMLA even if you do not qualify for Short Term Disability (STD) for your own serious health condition. Spouses employed by the Company can only take a combined total of 12 work weeks of family leave for the birth and care of the newborn child, or placement of a child for adoption or foster care. If the leave is for the employee's own serious health condition, the employee is entitled to up to a total of 12 work weeks of FMLA. Leaves related to birth, adoption or foster care placement must be taken within 12 months of the birth or placement. You may take FMLA intermittently whenever medically necessary to care for a family member with a serious illness, or because you are seriously ill and unable to work. Length of Family and Medical Leave The FMLA entitles eligible Employees to take up to 12 weeks of unpaid, job-protected leave in a rolling 12 month period for specific family and medical reasons. State leave, if available, runs concurrently with FMLA leave, and is not in addition to FMLA. Intermittent Scheduled Leaves The FMLA allows you to take an intermittent leave, or work a reduced schedule, under certain circumstances. Intermittent scheduled leaves may be taken when medically necessary to care for a family member with a serious health condition, or because you experience a serious health condition. Intermittent scheduled leaves may be taken to care for a newborn or newly placed adopted or foster care child. Unless medically necessary, intermittent leave for this purpose must be prescheduled with your manager at least 48 hours in advance. Only the amount of leave actually taken while on intermittent schedule leave may be charged as FMLA leave. You do not have to take more FMLA leave than necessary to address the circumstances that cause the need for leave. If you are approved for Intermittent Leave under the FMLA, you must notify both our FMLA Administrator, and your manager of absences taken for the intermittent FMLA reason. (Please refer to Group Protection policies they provided to determine the time frames for such notification to Group Protection.) Separate and apart from the Group Protection notification, if you have advanced notice of an absence covered under your intermittent FMLA approval, you should provide your manager with as much advanced notice as possible. If you do not have advanced notice of an absence, you must notify your manager prior to missing any working time, unless you are physically unable to do so. (For example, you must notify your manager prior to the start of your working hours if you will be absent from or late to work and/or prior to leaving work if your condition requires you to leave work early.) Notification to Group Protection is not a substitute for notification to your manager. Failure to follow the notification requirements may result in disciplinary action.

3 Serious Health Condition A serious health condition is an injury, impairment, physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee s job, or prevents the qualified family member from participating in work, school or other daily activities. Inpatient Care Inpatient care means at least an overnight stay in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in conjunction with the inpatient care. Continuing Treatment A serious health condition involving continuing treatment by a health care provider includes any one or more of these: A 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: 1. 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, such as a physical therapist, under orders of, or on referral by, a health care provider; or 2. treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of a health care provider. any period of incapacity due to pregnancy or for prenatal care; any period of incapacity or treatment for such incapacity due to a chronic serious health condition; a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. You or your family member must be under the continuing supervision of, but need not be receiving treatment by, a health care provider. Examples include a severe stroke, the terminal stages of a disease or Alzheimer's disease; and any period of absence to receive multiple treatments, including any period of recovery from such treatments, by a health care provider or by a provider of health care services under orders of, 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, such as cancer (chemotherapy, radiation), severe arthritis (physical therapy) or kidney disease (dialysis). Restorative dental or plastic surgery after injury or removal of cancerous growths may be a serious health condition if all other conditions of the definition are met. Allergies also may be serious health conditions if all the conditions of the definition are met.

4 Substance abuse may be a serious health condition if the conditions of the definition are met. However, leave may be taken only for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. Federal vs. State Family and Medical Leave Laws The Company must comply with the federal or state provisions that provide the most benefit to you. The U.S. Department of Labor will not enforce State family and medical leave laws, and States may not enforce the FMLA. You are not required to designate whether the leave you take is FMLA leave as opposed to leave under the laws of your state. Many states have their own statutes regarding family and medical leave which may be similar in scope to the federal FMLA, or may allow for more time off than the federal FMLA. The FMLA Administrator will answer any questions about your rights, depending on your work state. Federal and State FMLA laws are coordinated. For instance, if your state allows 16 weeks of leave within a two year period, you would still qualify for time off under federal FMLA guidelines. State leave, if available, runs concurrently with FMLA leave, and is not in addition to FMLA. Job Protection Upon returning to work from leave under the FMLA, employees must be restored to their original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment, unless the employee is considered a Key Employee as defined by the FMLA. Unless you are told otherwise by the Company s Leave Administrator, you are not considered a Key Employee. In addition, your use of FMLA leave cannot result in the loss of any employment benefit that you earned or were entitled to before using FMLA leave, nor be counted against you under a "no fault" attendance policy. Qualification for a leave of absence under the FMLA results in protection from adverse employment action based upon attendance occurrences. That is, an employee cannot be disciplined for absences related to the qualifying FMLA reason. While absences incurred as a result of an FMLA qualifying reason will not be considered in employment decisions, employees covered by the FMLA are responsible for meeting performance expectations at all times for which they are able to work. Employer FMLA Requirements Certain requirements are imposed upon the Company under the FMLA. They include: The Company must post a notice approved by the Secretary of Labor explaining your rights under FMLA. The Company must inform you of your rights and responsibilities under FMLA, including giving specific written information including instructions and consequences, if you fail to return to work after FMLA. The Company cannot interfere with, restrain, or deny you any rights under FMLA. It is also against federal law for the Company to discharge or discriminate against any individual for opposing any practice or involvement in any proceedings related to FMLA.

5 Family and Medical Leave Employee Checklist To prepare for a leave under the FMLA, review the Family and Medical Leave & Disability Employee Checklist. Family and Medical Leave Manager Checklist To prepare for your Employee taking a leave, review the Family and Medical Leave & Disability Manager Checklist. This checklist also includes instructions to prepare for your Employee s return to work from leave. Requesting a Leave To request a leave under the FMLA you must: 1. Inform your supervisor when you need to be absent from work. 2. Contact the FMLA Administrator to request a leave of absence for Family and Medical Leave with or without concurrent disability. For complete instructions on applying for an FMLA leave, follow the steps outlined in the Family and Medical Leave & Disability Employee Checklist. If your need for leave is based on an expected birth, adoption, foster care placement, or planned medical treatment for a serious health condition for you or a family member, you must provide 30- day s notice. If 30-days notice is not practical, you should notify your supervisor and contact the FMLA Administrator as soon as possible. If you have requested a paid Parental leave, you will also need to complete a request for Family and Medical Leave. Contact the FMLA Administrator as soon as you have discussed the leave with your manager. Medical Certification Your physician, or the physician of a qualified family member, will be required to certify your need for FMLA. You are provided 15 calendar days to obtain this medical certification. Whether the leave is to be continuous, to be taken intermittently, or on a reduced-schedule basis, you only need to give notice of the leave once, but you must notify your supervisor and contact the FMLA Administrator as soon as possible if dates of a scheduled leave change or if additional dates are needed. The FMLA Administrator may, at the Company's own expense, require you to obtain a second medical certification from another physician. If the providers' opinions differ, the FMLA Administrator may require you to obtain certification from a third health care provider, again at the Company's expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and employee.

6 Acknowledging a Leave Request The FMLA Administrator will mail you an application packet within two business days of your request. The packet might include a copy of Employee Rights and Responsibilities Under the Family and Medical Leave Act, a Certification of Health Care Provider form, or a form to verify the birth, adoption or foster placement of a child. You must return the completed forms within 15 calendar days from the date of receipt. This is extremely important, as your request could be denied simply because your forms are not received within the 15-day timeframe. Your supervisor will also receive notification of your request for FMLA by . Within two business days of receiving your completed documentation, the FMLA Administrator will mail a written notification of the determination to you, and a copy of the determination will be provided to your supervisor. FMLA Leave Request is Denied If your request for a leave under the FMLA has been denied, you should contact the FMLA Administrator, who will provide a review of the case. They may also request additional information from you to provide a thorough review. Pay During a Leave All carry over Managed Time and earned to date Managed Time must be taken concurrently with the FMLA leave. This Managed Time will be substituted as allowable paid leave time that would also count against your 12 week FMLA entitlement period. Once all carry-over and earned managed time is used, you may also use unearned Managed time that will also count against your 12 week FMLA entitlement period. If you work in the State of California, you must use earned Managed Time during the first two weeks of any leave under the FMLA and the California Paid Family Leave (PFL) program. If you work in California, you may choose to take more than two weeks of earned Managed Time while receiving PFL benefits, but your level of PFL benefits may be affected. For any leave of absence longer than two weeks which is covered by the FMLA and for which you are not receiving PFL benefits, you must use any earned Managed Time. This Managed Time will be substituted as allowable paid leave time that would also count against your 12 week FMLA entitlement. You may substitute unearned Managed Time that would also count against your 12 week FMLA entitlement if you are eligible for FMLA leave and the absence is a covered absence under the FMLA. For more information, visit the PaidFamilyLeave.org website. Please contact the FMLA Administrator if you have further questions. Paid Time Off While on Leave Employees who are away on leave under the FMLA may receive holiday benefits, provided the holiday occurs during such time as the Employee is receiving pay for accrued Paid Time Off (PTO). Employees who are away on leave under the FMLA will accrue Managed Time Credits.

7 Tracking Family and Medical Leave The FMLA Administrator will track all leaves under the FMLA and will provide a status of the amount of time you have used to the Company. If you have questions regarding your leave, please contact the FMLA Administrator. Returning to Work Follow the steps in the Return to Work section of the Family and Medical Leave & Disability Employee Checklist. Upon your return to work from an FMLA leave, in order to begin regular pay, you must complete the Return to Work form and return it to the Leaves Coordinator. Benefits Continuation While on Leave Your benefits coverage will continue without change, except for the Dependent Care Flexible Spending Account, while you are on leave under the FMLA whether paid or unpaid. Regarding the Health Care Flexible Spending Account, you can choose to either continue your contributions or suspend contributions during the leave. For those continued coverages, you will need to pay the cost. For an unpaid leave of 30 days or less, your deductions will be doubled when you return to work to make up the missed deductions. If your unpaid FMLA leave is greater than 30 days, you Failure to return to work following your FMLA leave will result in your being charged retroactively for all benefits costs that were paid by the Company during the leave. If you take a paid Family and Medical Leave of absence, your current benefits will continue without change. Company paid core benefits are not affected by status changes. Therefore, you will not be allowed to make changes to these coverages: Basic Group Life and Accidental Death and Dismemberment (AD&D) Insurance Short-Term Disability Insurance for Employees Basic Long-Term Disability Insurance for Employees Business Travel Accident Insurance for Employees If a part of your Family and Medical Leave is unpaid, you will be billed for your benefit coverages. A list of benefits that might be affected if you take a paid Family and Medical Leave includes:

8 Medical Dental Vision Benefits Supplemental Group Life and Accidental Death and Dismemberment Insurance (AD&D) Spouse Life Insurance Child Life Insurance Long-Term Disability (LTD) Buy-Up or Voluntary Dependent Care Flexible Spending Account (FSA) Health Care Flexible Spending Account (FSA) Allowable Changes Contributions are suspended until you return from family medical leave. Expenses that occur during the leave are not reimbursable. Your deductions will continue without change while you remain on active payroll. For unpaid FMLA you can continue or suspend your participation, if your leave is for 30 days or less, your deductions will be doubled when you return to work to make up the missed deductions. If your unpaid leave is for greater than 30 days, you will be billed in advance on a monthly basis.

9 Returning from a Family Medical Leave of Absence & Benefits When you return from a Family and Medical Leave of Absence, your current benefits continue without change. Company paid core benefits are not affected by status changes. Therefore, you will not be allowed to make changes to these coverages: Basic Group Life and Accidental Death and Dismemberment (AD&D) Insurance Short-Term Disability Insurance for Employees Basic Long-Term Disability Insurance for Employees Business Travel Accident Insurance for Employees A list of benefits that might be affected when you return from a Family and Medical Leave includes: Medical Dental Vision Benefits Supplemental Group Life and Accidental Death and Dismemberment Insurance (AD&D) Spouse Life Insurance Child Life Insurance Long-Term Disability (LTD) Buy-Up or Voluntary Dependent Care Flexible Spending Account (FSA) Health Care Flexible Spending Account (FSA) Allowable Changes Your contributions will be reinstated through payroll deduction. Extending an FMLA Leave Intermittent Family and Medical Leave Act Modifications If you are on an approved Intermittent FMLA leave and discover you need to extend your leave time, you should notify the FMLA Administrator and your supervisor immediately. As a convenience to you, the FMLA Administrator will mail a blank Certification of Health Care Provider (CHCP) form to you approximately 30 days prior to the expiration of your certification. You should complete the form and return it to the FMLA Administrator as soon as possible. If a response is not received from you, your case will be closed on the day following the expiration date stated on your current certification. Regular Family and Medical Leave Extension If you are on a regular FMLA leave and you find you need more time than was originally approved, you must notify both your manager of the need for an extension and contact the FMLA Administrator as soon as possible. However, if your leave is running concurrently with a Short Term Disability (STD) leave and The Group Protection division within Lincoln Insurance Solutions

10 extends your STD leave, your FMLA leave will be extended automatically. Most regular FMLA leaves run concurrently with a STD leave. Follow the steps in the Extension of FML or STD Leave section of the Family and Medical Leave & Disability Employee Checklist. Returning to Work Your current Certification of Health Care Provider (CHCP) states the expiration date of your certification. No additional notice will be sent. It is your responsibility to report for work on the day following the end date stated on your certificate. If no extension has been approved and you do not report for work as scheduled, you will need to confirm with your Manager as to how your time will be charged. In such a situation, your continued absence may not be covered under the FMLA and disciplinary action, up to an including termination from employment, may result. FMLA Administrator Group Protection: Group Protection Division within Lincoln Insurance Solutions Short Term and Long Term Disability: