Company-Wide Policy Family and Medical Leave

Transcription

1 Company-Wide Policy Family and Medical Leave Notice to Readers In this document, "Honeywell" or the "Company", shall mean Honeywell International Inc. and its wholly-owned subsidiaries. This Policy is not intended to create contractual obligations between an Employee and the Company. In the United States and certain other countries, employment with the Company is "at will", which means that either the Company or the Employee may terminate the employment relationship at any time and for any reason, without notice. The Company reserves the right to modify, amend, or rescind this Policy at any time. This Policy supersedes prior policies of Honeywell International Inc. or its predecessors and wholly-owned subsidiaries, whether written or oral, on the topics covered herein. Policies are the property of the Company, and Employees shall ensure safekeeping of all copies of Policies and Procedures and treat these documents as proprietary information of the Company. Please do not re-distribute by electronic mail or re-post on the Company's Intranet Web site or Internet Web sites, this Policy or the documents referenced in Section 9, entitled "Forms and Exhibits." Please refer Employees to the official Web site located at policy.honeywell.com/. Should the reader discover (1) any local policies that cover topics already addressed in our Company-wide policies; or (2) any of our Company's policies posted on Web sites other than the official Web site, please report the address of the Web site to the Policy Steward via electronic mail to: Please do not re-distribute, by re-posting on the Company's intranet or (public) Internet sites, this Policy. Please refer employees to the official Web site located at H

2 TABLE OF CONTENTS Approvals... 1 Related Policies Purpose Revision History Persons Affected Policy Procedure Roles and Responsibilities Definitions Standards, Laws, and Regulations Forms and Exhibits Honeywell International Inc. All Rights Reserved. i

3 Family and Medical Leave Policy Owner:SVP of Human Resources & Communications Focal Point:Steven Jacobs Approvals Approval Date Approval Role Title Name 18-JUN-2013 Policy Owner Approval SVP of Human Resources & Communications Mark James 18-JUN-2013 Legal Approval VP and Deputy General Counsel for Human Resources Kevin Covert 18-JUN-2013 Administrative Approval Manager Kate Olive Related Policies Policy Name Category Universal Resource Locator (URL) Medical Leave of Absence Company-Wide Purpose The Company is strongly committed to the health, safety, and welfare of its employees. Because many employees require time away from work during their careers for their own serious health condition or for compelling family reasons, the Company has established this Family and Medical Leave Policy. This policy is intended to comply with the federal Family and Medical Leave Act of 1993, as amended, and should be read in conjunction with applicable state and local family and medical leave laws. 2.0 Revision History Effective Date Version Description of Change Section(s) Affected 01-MAY Policy 327 established All 01-DEC Policy 327 updated; Supersedes Policy 327, Version 0.1 All 16-JAN Supersedes Policy 327, Version 0.2, reflecting updates to Version 0.2 and new Policy established, Regulatory compliance. All 02-FEB policy revised 1,2,4,5,6,7 01-JUN policy revised 2,4,5,7,9 3.0 Persons Affected 3.1 All eligible U.S.-based Employees of Honeywell International Inc. 4.0 Policy 5.0 Procedure 4.1 Eligibility Requirements for Family and Medical Leave. 5.1 Eligibility Requirements for Family and Medical Leave Employees who have been employed with the Company for at least 12 months and who have performed at least 1250 hours of service with the Company during the 12-month period immediately Any employee requesting family or medical leave must submit a completed written request to his or her local Human Resources Department on the approved Company Family/Medical Leave Request Form Page 1 of 9

4 preceding the commencement of leave are eligible for leave under this policy Eligible employees may request leave under this policy for the following qualifying reasons: For birth of a son or daughter of the employee, and to care for the newborn child For placement with the employee of a son or daughter for adoption or foster care To care for the employee s spouse, registered domestic partner or civil union partner, son, daughter, or parent with a serious health condition Because of a serious health condition that makes the employee unable to perform the functions of the employee s job Because of any qualifying exigency arising out of the fact that the employee s spouse, registered domestic partner or civil union partner, son, daughter, or parent is a member of the military on active duty (or has been notified of an impending call or order to active duty) in a foreign country in the Armed Forces, National Guard or Reserves To care for a Covered Servicemember with a serious injury or illness if the employee is the spouse, registered domestic partner or civil union partner, son, daughter, parent, or next of kin of the Covered Servicemember. (Exhibit 9.1), or where a third party is the administrator, call , option If the employee's need for leave is foreseeable, the employee must provide the Company with at least thirty (30) days' notice of the need for the leave. An employee's failure to provide thirty days' notice for a foreseeable leave may result in denial or delay of leave. If the need for leave is not foreseeable, then notice must be given as soon as practicable. If the need for the leave (including intermittent leave) is due to planned medical treatment or supervision, the employee must use all reasonable efforts to schedule the treatment or supervision to avoid disruption to the operations of the Company. Absent unusual circumstances, employees must follow the usual and customary call-in procedures for reporting an absence N/A N/A N/A N/A N/A N/A 4.2 Duration of Leave. 5.2 Duration of Leave In any situation, the length of leave granted under this policy will be only for that period of time necessary to attend to the family or medical care situation and will not exceed 12 workweeks in a 12-month period. In the case of the injury or illness of a Covered Servicemember, the employee is entitled to 26 workweeks of leave in a single 12-month period. Such leave is available in a single 12-month period commencing on the first day of leave. Military Duration of leave may vary depending upon qualifying reasons listed in section Refer to subsections and Page 2 of 9

5 caregiver leave not used in the 12-month period is forfeited. This leave is applied on a per-covered servicemember, per-injury or illness basis. Thus, an employee may be entitled to take more than one period of leave if the leave is to care for different covered servicemembers or to care for the same servicemember with a subsequent injury or illness N/A For qualifying reasons provided in sections through , an eligible employee may be granted up to an aggregate total of 12 workweeks of FMLA leave during any 12-month period of time under a rolling 12-month period measured backward from each date an employee uses any leave. Each time an employee takes leave, the remaining leave entitlement shall be limited to the balance of the 12 workweeks which has not been used in the immediately preceding 12 months N/A For qualifying reason provided in section , an eligible employee may be granted an aggregate total of 26 workweeks of leave during a single 12-month period measured forward from the date an employee s first FMLA leave to care for the covered servicemember begins. During a single 12-month period an eligible employee s FMLA leave entitlement shall be limited to a combined total of 26 workweeks of leave for all qualifying reasons To the extent permitted by applicable local law, where the Company employs two spouses who are eligible for leave under this policy, leave is limited to a combined total of 12 weeks of leave during any 12- month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. To the extent permitted by applicable local law, in the case where the Company employs two spouses who are eligible for leave to care for a covered servicemember, the aggregate number of workweeks of leave is limited to a combined total of 26 workweeks during the single 12-month period Leave taken pursuant to this policy shall be counted against the employee's annual family and medical leave entitlements under the federal Family and Medical Leave Act of 1993 and any applicable State or local laws. To the extent permitted by law, leave taken pursuant to this Family and Medical Leave Policy shall run concurrently with any leave to which the employee is entitled, including but not limited to N/A N/A Page 3 of 9

6 vacation, sick pay, short-term disability leave, state family and medical leave laws, and workers' compensation leave. 4.3 Response to Leave Request. 5.3 Response to Leave Request Within five business days of the employee s request for leave, absent extenuating circumstances, the Company or its designated representative will provide the employee with a copy of the Notice to Employees of Rights under FMLA; notify the employee of his or her eligibility to take FMLA; and, when the Company has enough information to determine whether the leave is being taken for a FMLA-qualifying reason, notify the employee whether or not the leave will be designated and counted as FMLA leave. Notwithstanding the employee's obligation to initiate a written request for FMLA leave, the Company reserves the right to designate any qualifying leave of absence as a FMLA leave where appropriate Refer to Exhibits 9.7 and Certification Requirements. 5.4 Certification Requirements Certifications must be provided as soon as practicable N/A and no later than within 15 days after requesting leave. The Company may require that the employee provide recertification of the above items upon requesting an extension of any previously approved leave or when circumstances of the approved leave have changed. Failure to provide adequate certification within a timely manner may result in denial or delay of leave An employee who requests leave for his or her own Refer to Exhibit 9.2. serious health condition must also provide a completed Certification of Health Care Provider for Employee s Serious Health Condition form An employee who requests leave for the serious Refer to Exhibit 9.3. health condition of the employee's child, spouse or registered domestic partner, or parent must also provide a completed Certification of Health Care Provider for Family Member s Serious Health Condition form An employee who requests leave because of a Refer to Exhibit 9.4. qualifying exigency arising out of the fact that the employee s spouse, registered domestic partner or civil union partner, son, daughter, or parent is on active duty in, or has been notified of an impending call or order to active duty in a foreign country, must also provide a completed Certification of Qualifying Exigency for Military Family Leave form An employee who requests leave to care for a covered servicemember where the eligible employee is the spouse, registered domestic partner or civil union partner, son, daughter, parent, or next of kin of the covered servicemember, must provide a completed Certification for Serious Injury or Illness of Refer to Exhibit 9.5 and 9.6. Page 4 of 9

7 Covered Servicemember for Military Family Leave form The Genetic Information Nondiscrimination Act (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to an FMLA request for medical information concerning your own serious health condition, such as in the Employee s Healthcare Certification Form response from a physician, or in an employee recertification or fitness for duty certification. Genetic information, as defined by GINA, includes an individual s family medical history, the results of an individual s or family member s genetic tests, the fact that an individual or an individual s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services N/A 4.5 Pay Status. 5.5 Pay Status FMLA leave under this policy is generally unpaid. The Company may require an employee, or the employee may elect, to use and substitute, any accrued paid vacation leave during the otherwise unpaid leave. The Company may require an employee, or the employee may elect, to utilize and substitute any paid sick leave or paid absence allowance that the employee is otherwise eligible to take during the leave if the leave is taken for the employee's own serious health condition. The use of such paid accrued benefits shall not extend the period of the approved leave under this policy N/A 4.6 Employee Rights During and After Leave. 5.6 Employee Rights During and After Leave As a condition of the employee returning from a leave N/A taken because of the employee's own serious health condition, the Company may require medical certification from his or her health care provider that the employee is able to resume work. During an approved leave, the Company may require recertification of the serious health condition, as permitted by law. Employees who do not return to work within three days of the end of their authorized leaves and do not obtain an approved extension of the leave will be treated as having voluntarily resigned Any employee returning from an approved family or medical care leave of absence which does not exceed the maximum eligible length of such leave will be reinstated to his or her original or equivalent position with no loss in seniority or benefits which accrued N/A Page 5 of 9

8 prior to the leave of absence. If, however, due to business reasons, the original or an equivalent position ceased to exist during the leave period such that had the employee not taken the leave, he or she would not otherwise have been employed at the time reinstatement is requested, the employee will not be reinstated at the end of his or her leave period During an approved leave, the Company shall N/A continue to provide medical coverage to the employee and the employee's dependents under its group health plan at the level and under the same conditions that coverage would have been provided by the Company if the employee had been actively employed during the duration of the leave. The employee will remain personally responsible for paying the employee's portion of the insurance premium, including the employee's portion of dependent coverage, if any. Failure to pay premiums in a timely manner may result in a lapse of coverage. If the employee fails to return to work for at least 30 days following the expiration of leave under this policy, the employee will be required to reimburse the Company for the group health insurance premiums paid for by the Company on behalf of the employee during the leave, unless the employee's failure to return is caused by the continuation, recurrence, or onset of a serious health condition that entitles employee to leave under this policy, or the employee's retirement, or circumstances beyond the employee's control During the leave pursuant to this policy, the employee shall retain employee status with the Company. An employee shall be credited with service time during an unpaid leave under this policy upon their return to work following their leave N/A 4.7 "Key" Employees. 5.7 "Key" Employees If the employee on leave is a Key Employee and keeping the job open for the employee during the leave would result in substantial and grievous economic injury to the operations of the Company, reinstatement may be denied In such cases, the Company shall give the employee a reasonable opportunity to return to work after notifying the employee of the intent to refuse reinstatement. 4.8 Continuous and Intermittent Leave Requirements. 5.8 Continuous and Intermittent Leave Requirements If medically necessary due to the serious health condition of the employee, spouse, registered domestic partner or civil union partner, child, parent or Covered Servicemember, (for example, for recurring medical treatments certified by a health care provider) leave may be taken on an intermittent or reduced leave schedule. Employees may also take exigency leave under on an intermittent basis or reduced schedule basis. If an intermittent or reduced leave is requested on this basis, the Company may require the employee to temporarily transfer to an alternative position with equivalent pay and benefits N/A Page 6 of 9

9 which better accommodates the intermittent or recurring leave schedule Leave for the birth, adoption, or foster care of a child must be taken in one continuous period of time unless state law provides for intermittent leave or leave on a reduced hour basis or unless the Company consents. Leave to care for a newborn or newly placed or adopted child must be taken and completed within 12 months of the birth, adoption or foster care placement. 6.0 Roles and Responsibilities N/A 6.1 The VP of Compensation and Benefits will ensure compliance with this Policy. 7.0 Definitions 7.1 Covered Servicemember The term covered servicemember means (a) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious illness or injury; or (b) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves); was discharged or released under conditions that were not dishonorable; and was on active duty within at any time during the period of 5 years preceding the date on which the eligible employee takes FMLA leave to care for the covered veteran. (The five-year period excludes the time between October 28, 2009 and March 8, 2013.) Source:Law Department 7.2 Key Employee A Salaried Employee who is among the top ten percent (10%) of the Employees in terms of gross earnings within 75 miles of the worksite at which that employee is employed, and keeping the job open for the Employee during the leave would result in substantial and grievous economic injury to the operations of the Company. Source: 7.3 Qualifying Exigency Leave for a qualifying exigency includes: the need to take time off due to (1) the short notice deployment of a family member (limited to seven or less calendar days prior to the date of deployment); (2) the need to attend military events and related activities; (3) the need to provide, attend and/or make arrangements for childcare and school activities; (4) need to make financial and legal arrangements; (5) a need for counseling; (6) a family member being released from service for rest and recuperation (limited to 15 days of leave for each instance up to a maximum of 12 weeks in a 12-month period); (7) a need to attend post-deployment activities; (8) parental care leave (e.g., to provide care, make arrangements for care, admit or transfer a parent to a care facility or attend a meeting with staff at a care facility) and (9) additional activities (if agreed upon by the employer and the employee). Source:Law Department 7.4 Serious health condition Illness or injury that: (i) requires inpatient care; (ii) causes incapacity for 3 or more consecutive, calendar days with either 2 visits to a health care provider or 1 visit plus a prescription; (iii) causes incapacity due to pregnancy or pre-natal care; (iv) is a chronic medical condition for which employee is under treatment by a health care provider; and/or (v) requires multiple treatments such as dialysis or chemotherapy. Source:Law Department Page 7 of 9

10 7.5 Serious injury or illness The term serious injury or illness means (a) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member s office grade, rank, or rating; and (b) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in the paragraph below, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. For a veteran, the serious injury or illness must also be at least one of the following: (a) a condition that rendered the servicemember unable to perform the duties of the servicemember s office, grade, rank or rating when the servicemember was a member of the Armed Forces; (b) a physical or mental condition for which the veteran has a VA Service Related Disability Rating of 50% or more (based at least in part on that condition); (c) a physical or mental disability related to military service that substantially impairs the veteran s ability to secure or follow substantially gainful employment (or that would do so in the absence of treatment); or (4) an injury (including a psychological injury) for which the veteran has been enrolled in the Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Source:Law Department 8.0 Standards, Laws, and Regulations 8.1 Law: Family and Medical Leave Act of As amended, Public Law 103 3, 107 Stat. 6 (29U.S.C et seq). 8.2 Regulation: FMLA Regulations 29 C.F.R. Part Forms and Exhibits 9.1 Form: Honeywell Family/Medical Leave Request Form. Honeywell Family Medical Leave Request Form- Exhibit 9.1.pdf 9.2 Form: Certification of Health Care Provider for Employee s Serious Health Condition Form: Certification of Health Care Provider for Family Member s Serious Health Condition Form: Certification of Qualifying Exigency for Military Family Leave Form: Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave Form: Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Exhibit: Notice of Eligibility and Rights & Responsibilities Exhibit: Designation Notice Page 8 of 9

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