3. Serious Health Condition: because of a serious health condition which renders the co-worker unable to perform the functions of his/her job; or

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1 Policy/Procedure Functional Area: Mercy-wide Human Resources Policy/Procedure Title: Leave of Absence Effective/Revised date: September 1, 2017 PURPOSE: Mercy recognizes that a co-worker may need to request extended time away from his/her job for various reasons. As such, Mercy offers eligible co-workers the opportunity to request time off, whether paid or unpaid, in accordance with guidelines as set forth below. Mercy leaders are expected to administer this policy consistently for all Mercy co-workers and to coordinate with Leave Administration. POLICY: FAMILY MEDICAL LEAVE ACT (FMLA) LEAVE General Eligibility To be eligible for FMLA leave under this Policy, a co-worker must have worked at Mercy for at least 12 months and must have worked at least 1,250 hours during the 12-month period prior to the commencement date of any leave requested under this Policy. Eligibility will be determined as of the date the FMLA leave commences. Co-workers who work at a site at which fewer than 50 co-workers are employed within a 75-mile radius are generally not eligible for FMLA leave. When a request for FMLA leave is made, Mercy Leave Administration will advise of the co-worker s eligibility and the co-worker s rights and responsibilities. Types and Duration of FMLA Leave A. Bonding Leave; Serious Health Condition Leave; Leave to care for a family member with a Serious Health Condition; Active Duty Leave An eligible co-worker may take up to 12 weeks of unpaid leave during a rolling 12-month period (measured backward from the date a co-worker uses FMLA leave) for the following reasons: 1. Bonding Leave: the birth of the co-worker s child and to bond with the child; or for placement through adoption or foster care and to bond with the newly placed child. Such leave must be concluded no later than 12 months after the birth or placement of the child with the co-worker; 2. Leave to care for a family member with a Serious Health Condition: to care for an immediate family member (spouse, child under 18 years old or a child 18 and over who is incapable of self-care because of a disability, or parent) with a serious health condition; 3. Serious Health Condition: because of a serious health condition which renders the co-worker unable to perform the functions of his/her job; or 4. Active Duty Leave: because of any qualifying exigency arising out of the fact that a co-worker s spouse, son (of any age), daughter (of any age) or parent, who is serving in any branch of the US military (including the National Guard or Reserves), has been deployed or called to active duty in a foreign country ( Active Duty Leave ). 1 P a g e

2 B. Military Caregiver Leave A co-worker also may be eligible for Military Caregiver Leave to care for a spouse, son (of any age), daughter (of any age), parent or next of kin who is: (1) a current member of the Armed Forces, including the National Guard or Reserves, and 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 injury or illness, which is incurred in the line of duty (or for a pre-existing injury or illness which is aggravated in the line of duty) and that renders the service member medically unfit to perform the duties of his or her office, grade, rank or rating, or (2) a veteran who was a member of any branch of the Armed Forces, including the National Guard or Reserves, and who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness that occurred in the line of duty (or for a pre-existing injury or illness which was aggravated in the line of duty) at any time within 5 years preceding the treatment, recuperation or therapy. A covered veteran incurs a serious illness or injury for purposes of this paragraph when one of the following occurs: 1. The injury or illness makes him or her medically unfit to perform the duties of his or her office, grade, rank or rating. 2. It causes the service member to have a VA Service Disability Rating that is at 50% or greater. 3. It is a mental or physical condition that substantially impairs their ability to obtain gainful employment. 4. The VA enrolls the co-worker in the Department of Veteran Affairs Program of Comprehensive Assistance for Family Caregivers. Eligible co-workers are entitled to a total of 26 weeks of unpaid Military Caregiver Leave during a single 12-month period. This single 12-month period begins on the first day an eligible co-worker takes Military Caregiver Leave (as long as it is within 5 years of the covered service member s active duty) and ends 12 months after that date. Military Caregiver Leave applies on a per-covered service member, perinjury basis, so that a co-worker may be eligible to take more than one 26 week period of Military Caregiver Leave, but no more than 26 weeks of leave may be taken during any one 12-month period. An eligible co-worker is entitled to a combined total of 26 workweeks of leave for all FMLA qualifying reasons during the single 12-month period described above. For example, if a co-worker takes 10 weeks of FMLA leave due to his/her own serious health condition, the co-worker may take only 16 weeks of Military Caregiver Leave during that same 12 month period. Definitions A. A serious health condition as referred to above means an illness, injury, impairment, or physical or mental condition that involves: 1. in-patient care (i.e., an overnight stay) in a hospital or other medical care facility (including any period of incapacity or any subsequent treatment in connection with such in-patient care); 2 P a g e 2. a period of incapacity of more than three (3) consecutive full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves: (i) treatment two (2) or more times by a health care provider or under the supervision of a health care provider the first being within seven (7) days of the onset of the incapacity and the second being within thirty (30) days of the start of the incapacity, or (ii) treatment by a health care provider on at least

3 one (1) occasion within seven (7) days of the start of the incapacity which results in a regimen of continuing treatment under the supervision of a health care provider; 3. any period of incapacity or treatment due to pregnancy, or for prenatal care; 4. any period of incapacity or treatment due to a chronic serious health condition requiring periodic visits of at least twice a year for treatment by a health care provider; 5. a period of incapacity or treatment which is permanent or long-term due to a condition for which treatment may not be effective, during which the co-worker (or family member) must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; or 6. any period of absence to receive multiple treatments by a health care provider or under the supervision of a health care provider, either for restorative surgery after an accident or other injury, or for a condition that will likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment. B. A qualifying exigency referenced above under Active Duty Leave refers to the following circumstances: 1. Short-notice deployment: to address issues arising when the notification of a call or order to active duty is seven (7) days or less; 2. Military events and related activities: to attend official military events or family assistance programs or briefings; 3. Childcare and school activities: for qualifying childcare and school related reasons for a child, legal ward or stepchild of a covered military member; 4. Care of the covered military member s parent if the parent is incapable of self care; 5. Financial and legal arrangements: to make or update financial or legal affairs to address the absence of a covered military member; 6. Counseling: to attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or child, legal ward, or stepchild of the covered military member; 7. Rest and recuperation: to spend up to fifteen (15) calendar days for each period in which a covered military member is on a short-term rest leave during a period of deployment; or 8. Post-deployment activities: to attend official ceremonies or programs sponsored by the military for up to 90 days after a covered military member s active duty terminates or to address issues arising from the death of a covered military member while on active duty. 3 P a g e

4 When Spouses Work Together If spouses both work for Mercy and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent in-law ) with a serious health condition, the spouses may only take a combined total of 12 weeks of leave. If spouses both work for Mercy and each wishes to take leave to care for a covered injured or ill service member, the spouses may only take a combined total of 26 weeks of leave.. Notice of Need for FMLA Leave A co-worker who wants to take FMLA leave must follow normal call-in policies and notify their leader and Leave Administration of every FMLA-related absence. Failure to adhere to normal departmental call-in procedures can result in corrective action, as with any other type of leave. In all cases, co-workers must notify their department leader immediately upon knowledge of need for leave. If FMLA applies or is believed to possibly apply, the co-worker will be required, thereafter, to contact Leave Administration to complete a request for leave. The co-worker will be required to fill out prescribed forms requesting leave. To avoid a delay in FMLA protection, co-workers must provide at least 30 days notice when requesting leave. If a co-worker fails to give 30 days notice of foreseeable leave with no reasonable excuse, leave may be denied until 30 days after the co-worker provides notice. When a co-worker becomes aware of a need for leave less than 30 days in advance, the co-worker must provide as much notice as possible (ordinarily the same or next business day). If a co-worker fails to timely provide the required notice with no reasonable excuse, FMLA coverage may be denied or delayed for a period of time. This can result in corrective action for absences taken prior to FMLA coverage commencing. Co-workers should make every reasonable effort to schedule foreseeable medical treatments so as not to disrupt the ongoing operations of Mercy. Substitution of Paid Leave for Unpaid FMLA Leave Co-workers must concurrently exhaust any short-term disability benefits, workers compensation benefits, accrued PTO time, accrued ESB time, or any other form of applicable paid leave for FMLA leave. All substituted paid leave that is being concurrently exhausted will be counted against an eligible co-worker s FMLA leave entitlement. Intermittent or Reduced Schedule FMLA Leave Intermittent or reduced schedule leave is leave taken at varying times for the same qualifying condition. Intermittent leave or reduced schedule leave may be available if the need for leave is due to a co-worker s serious health condition or a co-worker s immediate family member s serious health condition and when the need for intermittent or reduced schedule leave is certified by a health care provider. Intermittent or reduced schedule leave is not available for the birth or placement of a child for adoption or foster care. Military Caregiver Leave may be taken intermittently or on a reduced leave schedule when medically necessary. Active Duty Leave may also be taken on an intermittent or reduced leave schedule. Co-workers who take foreseeable intermittent or reduced schedule leave must provide advance notice to Leave Administration and their department leader of the need for leave and attempt to schedule their intermittent or reduced schedule leaves so as not to disrupt the operations of Mercy. In some instances, Mercy may require co-workers taking foreseeable intermittent or reduced schedule leaves to transfer temporarily to an alternative position for which the co-worker is qualified and which better accommodates the co-worker s leave schedule. Pay and shifts would not be affected by a change to an alternate position. Time worked in the alternate position would not count towards the co-worker s FMLA leave entitlement. 4 P a g e

5 Co-workers taking unforeseeable intermittent leaves must notify Leave Administration and their department leader of each intermittent absence either the same day or the next business day, absent unusual circumstances. If a co-worker fails to timely provide the required notices of intermittent leaves with no reasonable excuse, FMLA coverage may be denied. Documentation Supporting FMLA Leave A co-worker requesting leave for a serious health condition must provide a completed FMLA Certification of Health Care Provider Form supporting the need for the leave. A request for reasonable documentation of family relationship verifying the legitimacy of a request for FMLA leave may also be required. In some circumstances, a second opinion, at the expense of Mercy, related to the health condition may be required. If the original certification and the second opinion differ, a third opinion, at the expense of Mercy, may be required. The opinion of the third health care provider, which Mercy and the co-worker jointly select, will be the final and binding decision. A request for Active Duty Leave must be supported by the Certification of Qualifying Exigency for Military Family Leave form as well as appropriate documentation, including the covered military member s active duty orders. A request for Military Caregiver Leave must be supported by the Certification for Serious Injury or Illness of Covered Service Member form or Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave form as well as any necessary supporting documentation. Providing false information to Mercy in an attempt to obtain FMLA leave will result in no FMLA protection, and it will result in corrective action up to and including discharge. The co-worker will have fifteen (15) days in which to return a completed Certification form following Mercy s request for the certification. If the co-worker fails to provide timely certification after being required to do so, the leave may be denied and/or delayed moving forward until the certification form is finally submitted. Absences counted against the co-worker for a late certification will not be reversed absent exceptional circumstances. If a co-worker never returns the completed form, the FMLA will be denied and the absences will be unprotected. If the Certification form is incomplete or insufficient, a coworker will be given written notification of the information needed and will be given a period of seven (7) days to provide the necessary information. Once Mercy has received a complete and sufficient certification form from the co-worker, Mercy will advise the co-worker whether he or she has been approved or denied FMLA and, if possible, will advise how much FMLA leave will be used. Contact with Leader Co-workers are required to stay in contact with his/her leader per any established departmental policy while away on leave. It is the co-worker s responsibility to be aware of and understand what those requirements are while on a leave Recertification In the following circumstances, Mercy may, in its sole discretion, require recertification of the qualifying reason for FMLA: (1) where the co-worker needs more leave than the original certification justified; (2) where circumstances and facts cast doubt on the co-worker s need for FMLA; or (3) when the need for FMLA extends beyond 6 calendar months. In these situations, the co-worker will have fifteen (15) days in which to provide a completed Recertification form. 5 P a g e

6 Restoration to Position Co-workers are permitted to return to whatever position they would have held had they not taken FMLA leave. Generally, this means co-workers returning from FMLA leave will be returned to the job position they held when they went on leave, or a substantially similar one. If the co-worker would have lost their position even if they had not taken the leave, then there exists no reinstatement right. For example, if the co-worker s position is eliminated because of a reduction in force, then no reinstatement right exists. Return to Work FMLA leave must be used for its intended purpose. If the qualifying reason for taking leave ends, then the co-worker must contact Leave Administration and make arrangements to return to work. Co-workers on FMLA leave must periodically inform the Leave Administration and the Human Resources Department of their status and intent to return to work while on FMLA leave. Co-workers returning from FMLA leave must be able to assume all of the essential functions of their jobs upon return. Mercy will provide time for the co-worker to learn of any changes or new technology implementations. As a condition to restoring a co-worker whose leave was based on the co-worker s own serious health condition, the co-worker must provide certification from the co-worker s health care provider stating that the co-worker is able to resume work. This return to work statement is required for all serious health conditions and must be provided Leave Administration at least two (2) business days prior to returning to work. If safety issues exist, Mercy may require a return to work statement every thirty days. If the co-worker is released to return to work with restrictions, the department in consultation with Human Resources will determine whether the restriction can be reasonably accommodated. Medical restrictions are those that prevent the co-worker from performing his or her regular duties at the end of the approved leave due to a continuing medical condition. Depending on the circumstances, the co-worker may be required to undergo a functional job screen to determine the ability to satisfy the requirements of the essential functions of the job prior to returning to work. The co-worker will be paid his/her regular base rate of pay while performing the functional job screen. See Mercy s Functional Job Screen policy. Failure to Return from Leave Unless required otherwise by law, a co-worker granted a leave of absence under these provisions who fails to return to work upon expiration of the leave will no longer have protected absences and may be subject to dismissal from employment for job abandonment. Absences beyond the approved leave timeframe would be considered under the attendance policy. Key Employees A co-worker who qualifies as a key employee may be denied restoration of employment after a period of FMLA leave if holding the co-worker s position would cause the company grievous economy injury. A key employee is a co-worker who is salaried and is among the highest paid ten percent of the work force within 75 miles of the place where the co-worker reports to work. Upon requesting FMLA leave, a co-worker will be notified by Mercy of his/her status as a key employee if there is a possibility that Mercy may deny reinstatement after leave. Interaction with State Leave Laws Certain states require employers to provide greater or different job-protected leave. When applicable, Mercy complies with all such leave laws. When leave provided under one of these laws is covered under the federal FMLA, it also shall count toward the co-worker s federal FMLA entitlement and as FMLA Leave under this Policy. These leave laws vary by state, and the co-worker should contact Human Resources if you have questions about them. 6 P a g e

7 NON-FMLA LEAVE Mercy will consider co-workers leave of absence requests where the co-worker does not meet the FMLA eligibility of 12 months employment and 1,250 hour requirement or has exhausted their FMLA entitlement. Please note that the leave of absence need must be for an FMLA-qualifying reason (Bonding Leave, Serious Health Condition Leave, Leave to care for a family member with a Serious Health Condition, Active Duty Leave, and Military Caregiver Leave) in accordance with guidelines set forth below. This policy generally provides up to four (4) weeks of leave in any rolling 12-month period unless otherwise required by law, including the FMLA, USERRA, and Americans with Disabilities Act Amendments Act (ADAAA). General Eligibility To be eligible for Non-FMLA Leave under this Policy, a co-worker must have been employed with Mercy for at least 90 days and either: (1) does not meet the FMLA eligibility criteria (see FMLA eligibility guidelines above); or (2) has exhausted his/her FMLA entitlement. Eligibility will be determined as of the date the Non-FMLA leave commences. Leave Allowance A co-worker with a leave need for FMLA-qualifying reasons (Bonding Leave; Serious Health Condition Leave; Leave to care for a family member with a Serious Health Condition; Active Duty Leave; Military Caregiver Leave) who does not meet the 12 month employment and 1,250 hour requirement or has exhausted leave available under the FMLA may request a Non-FMLA leave of absence. Non-FMLA leave is limited to four (4) weeks in a rolling 12-month period. Intermittent leave under Non-FMLA is not permitted unless such leave has been approved as a reasonable accommodation pursuant to the ADAAA. Requests for disability related accommodations should be made to the Human Resources Department. Requesting a Non-FMLA Leave Co-workers are expected to provide at least 30 days notice when requesting Non-FMLA leave. When a co-worker becomes aware of a need for leave less than 30 days in advance, the co-worker must provide as much notice as possible (ordinarily the same or next business day). Leave requests that are not submitted according to policy and as soon as practicable will be denied. Certifications for Non-FMLA Leave As with FMLA leaves, Mercy will require certification for the co-worker s qualifying need for Non- FMLA leave. Co-workers must respond to Leave Administration s request for certification within 15 calendar days. Failure to comply with the above mentioned requirements will result in denial of leave or reinstatement from leave, in which case the co-worker s leave of absence would be unauthorized, subjecting the co-worker to corrective action up to and including termination of employment. Job Restoration from Non-FMLA Leave Co-workers who take a Non-FMLA leave do not have job restoration rights. However, Mercy will generally reinstate the co-worker to the same position or a position with equivalent status, pay, benefits and other employment terms upon the co-worker s return before or at the end of the approved leave period. In the event Mercy will not be able to restore the co-worker, the co-worker will receive written notice from Human Resources. Returning from Non-FMLA Leave Co-workers are expected to be able to return to work by the end of their approved leave. Prior to returning from leave for a personal health condition, the co-worker must secure a release from his or her healthcare provider confirming the release to return to work to perform regular duties or set forth any restrictions. This return to work statement is required for all serious health conditions and must be provided Leave Administration at least two (2) business days prior to returning to work. 7 P a g e

8 If the co-worker is released to return to work with restrictions, the department in consultation with Human Resources will determine whether the restriction can be reasonably accommodated. Medical restrictions are those that prevent the co-worker from performing his or her regular duties at the end of the approved leave due to a continuing medical condition. Depending on the circumstances, the co-worker may be required to undergo a functional job screen to determine the ability to satisfy the requirements of the essential functions of the job prior to returning to work. The co-worker will be paid his/her regular base rate of pay while performing the functional job screen. See Mercy s Functional Job Screen policy. Failure to Return from Leave Unless required otherwise by law, a co-worker granted a leave of absence under these provisions who fails to return to work upon expiration of the leave will no longer have protected absences and may be subject to dismissal from employment for job abandonment. ADDITIONAL LEAVES Military Leaves: Military leave is available to co-workers who are committed to military service and are called to active duty during the course of their employment. Military leaves are handled in compliance with Uniformed Services Employment and Reemployment Rights Act (USERRA), and co-workers on military leave are subject to the rights and responsibilities provided under USERRA. Workers Compensation Leaves: Leave may be available to eligible co-workers who have experienced an injury or illness covered under the Workers Compensation laws. If a co-worker is FMLA eligible and on a workers compensation leave, the leave will be concurrently charged towards the co-worker s FMLA entitlement. BENEFITS WHILE ON LEAVE Healthcare and other benefits will be maintained while a co-worker is on FMLA or Non-FMLA leave, subject to the payment of premiums explained in this paragraph. Co-workers on paid leave (because they are concurrently exhausting a paid leave benefit) will continue to have their premium payments deducted from their paycheck. Co-workers on an unpaid leave (for which no paid leave is substituted or after all paid leave has been exhausted) will need to maintain the benefits they accrued prior to commencement of the leave by making premium payments. If the payment is not received on the due date or thereafter, the company will provide the co-worker written notice of non-payment and provide 15 days to make the payment. If the payment is not made within the 15 day window, and at least 30 days have passed from the due date, then coverage under the benefit plan will lapse, retroactively to the original due date. If an eligible co-worker fails to pay his or her portion of the required premium payments for benefit coverage, and Mercy elects to make the co-worker s portion of premium payments to keep benefit coverage in effect during a period of paid or unpaid leave for benefits, Mercy may recover the amount of the premium payment from the co-worker regardless of whether the co-worker returns to work. Mercy may recover its own share of the premiums paid for maintaining a co-worker s benefit coverage during any period of unpaid leave if the co-worker fails to return from leave after entitlement has expired, provided the co-worker s failure to return to work for a reason other than the continuation, recurrence, or onset of a serious health condition was unrelated to the qualifying reason the co-worker took FMLA leave. 8 P a g e

9 PAY WHILE ON LEAVE Leave Administration will administer Paid Time Off (PTO) and Extended Sick Bank (ESB) hours during approved leaves of absence in accordance with Mercy s Paid Time Off & Extended Sick Bank policy. If PTO and ESB are unavailable to a co-worker, leave time will generally be unpaid. Time Reporting Until a co-worker is on an approved leave as defined under this policy, his/her local Kronos Editor or Leader will administer the time off work and input any available PTO time for missed work. Once on an approved FMLA or Non-FMLA leave, all time management including ESB and PTO will be administered through Kronos by Leave Administration. Paid Time Off (PTO) and Extended Sick Bank (ESB) PTO and ESB will continue to accrue while the co-worker is on a paid leave of absence. PTO and ESB will no longer accrue when the co-worker is on unpaid leave, regardless of the coworker s job-protected status. If PTO and ESB have been exhausted or are otherwise unavailable for use by the co-worker during leave, the leave of absence will be unpaid. ABUSE OF THE LEAVE PROCESS Mercy will not tolerate co-worker abuse and/or misuse of its leave policies. Co-workers found engaging in such conduct will be subject to corrective action, up to and including termination. Examples of leave abuse and other prohibited conduct include, but are not limited to, the following: 1. Failure to meet required conditions of the leave; 2. Acceptance of employment outside Mercy while on leave without the leader s prior approval (constitutes voluntary resignation of employment with Mercy); 3. Taking leave (regular or intermittent) at any time without actually having the underlying leave-qualifying condition/reason; 4. Working at another job with the same duties during leave time (which shows the co-worker is able to perform the essential job functions and thus perhaps does not actually qualify for the leave); 5. Abuse of intermittent or reduced schedule leave scheduling; 6. Taking leave (regular or intermittent) for reasons not certified and approved by Leave Administration (e.g., vacation, personal time off, holidays, etc.); 7. Altering a medical certification such that leave would be allowed or extended beyond what the health care provider actually noted, such as a falsification of the diagnosis; 8. Fraudulently obtaining a leave of absence. In addition, co-workers may not work while on a leave of absence unless they obtain prior written permission from their leader and Human Resources. This includes working at a moonlighting job that a co-worker had while employed at Mercy before the leave. 9 P a g e

10 NO INTERFERENCE OR RETALIATION Mercy will not interfere with, restrain, or deny the exercise of any right provided under the FMLA. Mercy will also not discharge, discriminate, or retaliate against any person because that person exercises rights under the FMLA; opposes any practice made unlawful by the FMLA; or is involved in any proceeding under or relating to the FMLA. If you feel that you have been discriminated or retaliated against due to your assertion of FMLA-protected rights or participation in an FMLA-related proceeding, please contact Human Resources. THIS IS AN INSTITUTIONAL POLICY AND MAY NOT BE REVISED, CHANGED OR AMENDED DEPARTMENTALLY. THIS LEAVE OF ABSENCE POLICY SUPERSEDES AND REPLACES ANY AND ALL PRIOR LEAVE OF ABSENCE POLICIES AND INCONSISTENT VERBAL OR WRITTEN POLICY STATEMENTS. APPROVALS: Legal review by: Nathan Harris (Labor and Employment Counsel) Final Review and Approval by: Cynthia Mercer (SVP- Chief Administrative Officer) For questions regarding this policy please contact the Mercy Leave Administration at or or 10 P a g e