POLICY LEAVE OF ABSENCE (FAMILY, MEDICAL, DISABILITY)

Transcription

1 I. POLICY CB Richard Ellis, Inc. (hereinafter CBRE or the Company ) provides employee leaves of absence ( LOA ) for family, medical, disability-related reasons, including: Family Medical Leave Act, including Service member Family Leave ( FMLA ), Workers Compensation, California Family Rights Act ( CFRA ), California Paid Family Leave Insurance Program ( PFLIP ), and California Pregnancy Disability Leave ( PDL ). Since this policy is designed to cover employees in various states, the policy will be administered in a manner that conforms to all applicable state and federal laws. Local laws should therefore be consulted to determine under what circumstance state or local laws require variations from the policy. Federal and state laws regarding family, service member family, and medical leaves of absence are quite detailed. CB Richard Ellis retains the right to refer to the actual legislation for specific limitations, definitions or clarification as needed. Final determination regarding leave policy will be determined by Corporate Human Resources. Unless otherwise specifically provided, all leaves of absence are available on an unpaid basis. With the exception of military leave, no leave of absence can exceed a period of nine months. II. PROVISIONS AND CONDITIONS The following provisions and conditions apply to all leaves of absence identified in this policy with the exception of provisions otherwise described within the section of a specific leave of absence. 1. Notice of Leave A. An employee intending to take a leave must submit the Leave of Absence Request Form to the Human Resource Service Center ( HRSC ) and notify his or her immediate supervisor at least thirty (30) days before the leave is to begin. If the leave arises out of an unexpected emergency and is to begin within thirty (30) calendar days, an employee must give notice to his or her immediate supervisor as soon as possible, and submit the Leave of Absence Request Form to the HRSC as the necessity for the leave arises. B. The Leave of Absence Request Form must be signed by the eligible employee and the employee s manager. The Company, in its sole and absolute discretion, may deny or accept an employee s request for a leave of absence depending on the merits of each request, unless

2 otherwise mandated by state or federal law. The HRSC will inform the employee in writing when the LOA request is approved or denied. C. The employee should contact the HRSC to request Leave of Absence materials. 2. Medical Certification of Leave A. Employee An application for leave due to medical reasons must be accompanied by a Medical Certification Statement completed by the applicable health care provider. The Caregiver leave certification confirms the covered family member has a qualifying illness or injury. Either certification must state the following: i. Reason for the leave request; ii. Date the need for began or will begin; iii. Last expected day of work; iv. The levels of current physical and/or mental impairment; Service members who are ill or injured should be: a. Undergoing medical treatment, recuperation, or therapy, or, b. Otherwise in outpatient status (defined as a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients), or c. Otherwise on the Temporary Disability Retired List. (TDRL) v. Anticipated duration of the need for leave. B. Spouse, Child or Parent In the event that the application for leave is due to the serious health condition of the employee s spouse, child or parent, a Medical Certification Statement is also required. The certification must state: i. An estimate of the time which an employee needs to care for the family member, and ii. A statement that the employee s participation is warranted. 3. Benefits Coverage During Leave A. Employees will be retained on CBRE s benefits program under the same conditions that applied before leave commenced. If a new hire

3 goes on leave of absence prior to the date benefits are scheduled to commence, benefits will be delayed until the employee returns to active status. If the employee continues to receive a payroll check, the deductions will continue to be taken. B. Once the employee no longer receives a payroll check, the benefits deductions, including 401(k) loan repayment, will go into arrears until the employee returns from his or her leave. Upon return from leave, the accumulated deduction amount will be taken from the employee s paycheck in a lump sum. Remaining amounts will be deducted from subsequent paychecks until payment for all benefit coverages have been paid. CBRE will not accept direct payments from an employee on leave to keep the deduction(s) current. However, you are required to pay back the missed 401(k) loan payments the earlier of: 1) within 30 days after returning from leave or 2) within 30 days of the last payment due date under the terms of the loan. Failure to pay the missed loan payments by the required deadline as noted in the 401(k) Loan Policy will result in the default of the loan and the unpaid balance will be deemed taxable income to you for that year. C. If an employee is on a leave of absence for a non-medical reason (e.g., personal leave), Short-term Disability and Long-term Disability coverage will be continued for the first thirty (30) days of the leave. D. If the employee fails to return to work after the expiration of the leave, the employee will be required to reimburse any unpaid portion of the payment of benefit contributions accumulated during the leave. For 401(k) loan payments missed due to any unpaid period while on leave, you must pay the entire amount due for missed payments to the Plan in accordance with the CBRE 401(k) loan policy. Contact the HR Service Center for assistance. Failure to make loan payments by the specified due dates will result in the default of the loan and the unpaid balance will be deemed taxable income to you for that year. E. An employee who goes on a leave will not lose seniority or employment benefits that accrued before the date leave began. However, the employee shall not accrue seniority or employee benefits during the employee s leave of absence, with the exception of PTO accrual during a military leave. Employees on a leave of absence will not be eligible for holiday pay. 4. Coordination with Paid Time Off Employees must use any accrued and unused Paid Time Off ( PTO ) for the first 5 calendar days of his or her leave of absence pursuant to this Policy prior to transitioning into an unpaid status. This requirement does not apply

4 to employees who apply for military leave of absence, California employees who apply for pregnancy disability leave of absence or for employees approved for Workers Compensation leave of absence. 5. Short Term Disability Benefits for Salaried and Hourly Employees Not Classified as Highly Compensated Employees ( HCEs ) A. Coverage i. Short-term Disability ( STD ) coverage provides an income (to salaried/hourly employees) for up to 12 weeks if a non-work related illness or injury disables or limits the eligible employee from performing the functions of his or her regular job. Detailed information can be obtained in the STD Summary Plan Description on the Navigator. Generally, an employee will be required to use any accrued paid time off (PTO) during the first 5 work days of their period of disability. This requirement does not apply to California employees who apply for pregnancy disability leave of absence or for employees approved for Workers Compensation leave of absence. MetLife will begin STD payments after 5 work days of disability, once the claim has been approved. ii. Once the employee has contacted the HRSC, the employee must call MetLife directly at to file a claim. If it appears the disability will extend beyond seven consecutive days, a MetLife claim representative will collect the necessary disability information over the telephone and obtain disability information from the attending physician. Click MetLife Disability Program Guide to access this guide on Navigator. B. Exempt Employees Earning an Annual Base Salary of $100,000 or Greater should refer to Policy Highly Compensated Employees (HCE) Benefits Programs for additional information. C. Coordination with State Disability Insurance STD benefits will be coordinated with applicable State Disability Insurance ( SDI ) plans, whereby the MetLife STD benefit will be reduced by the amount of the SDI benefit. SDI will pay secondary to California SDI using a deduction calculated based on a 28% post-tax equivalence of the state rate. 6. Long Term Disability Benefits A. Coverage i. Long-term Disability ( LTD ) coverage provides an income (to salaried/hourly employees participating in the plan) for disabilities extending beyond 12 weeks. LTD claims can be filed for occupational and non-occupational illness or injuries,

5 ii. iii. LTD benefits will be coordinated with other disability plans including State Disability Insurance (SDI), Workers Compensation and other group disability programs. LTD will pay secondary to California SDI using a deduction calculated based on a 28% equivalence of the state rate. For the first two years of disability, the illness or injury must disable or limit the eligible employee from performing the essential functions of his or her regular job. If the disability extends beyond 2 years, the illness or injury must disable or limit the employee from gainful employment for which the employee is reasonably qualified. Benefits are payable to age 65 and a limited period of benefits are payable if disability begins at age 60. Detailed information can be obtained in the LTD Summary Plan Description on the Navigator. Metlife will provide LTD claim forms to employees already receiving STD benefits for their disability. Otherwise, LTD claim forms can be obtained from the Navigator. 7. Return from Leave A. Employees must provide the LOA Coordinator in the HRSC, as well as their supervisor, and a return to work certificate from his or her treating physician upon returning from a medical leave. If an employee wishes to return to work prior to the expiration of a leave of absence, notification must be given to the HRSC at least three (3) business days prior to the employee s scheduled return to work. B. The Company will make a reasonable effort to hold an employee s position open for the period of the approved leave or as mandated by state and federal regulations. If an employee s former position is unavailable when the employee is ready to return at the end of the approved leave, a reasonable effort will be made to place the employee in a comparable position for which the employee is qualified. Specific requirements for reinstating employees following return from leaves of absence vary according to type of leave taken. C. Refer to the provision entitled Reinstatement under each type of leave of absence for specific guidelines. An employee who does not accept lawfully offered position offered by the Company will be considered to have voluntarily terminated employment, effective the day such refusal is made. D. If an employee fails for any reason to return to work the next normal work day following the expiration of any leave of absence, and has not obtained an extension from the LOA Coordinator in the HRSC prior to

6 such expiration date, the employee will be considered to have voluntarily resigned. 8. Request for Extension of Leave / Failure to Return from Leave A. An employee who requests an extension of leave must submit a written request for an extension to the LOA Coordinator in the HRSC. The written request should be made as soon as the employee realizes that he or she will not be able to return at the expiration of the leave period and must be accompanied by an updated Medical Certification Statement (in the case of a medical LOA), to be completed by the applicable health care provider. B. If the extension is granted beyond the required 12-week maximum leave under FMLA, the employee s job will no longer be guaranteed. The employee may be placed on a Personal Leave of Absence without job protection. With the exception of military and workers compensation leaves of absence taken pursuant to this policy, in no case will any continuous period of leave of absence be permitted to exceed a total of nine (9) months. 9. Misrepresentations An employee who misrepresents reasons for applying for a leave of absence may be disciplined, up to and including termination. III. TYPES OF LEAVE OF ABSENCE 1. Family Medical Leave Act (FMLA) Under the federal Family Medical Leave Act (FMLA), eligible employees may be granted up to a maximum of 12 workweeks for family/medical leave. The 12 workweeks will be counted within a rolling 12-month period measured backward from the date an employee uses any FMLA leave. FMLA Service member Family Leave Under Service member Family Leave, eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered service member may be granted up to a maximum of 26 workweeks of leave during a single 12-month period. Service member FMLA-qualifying leave may not exceed 26 weeks in a single 12-month period and runs concurrent with other leave entitlements provided under federal, state and local laws. A. Eligibility

7 To be eligible for a FMLA Leave of Absence, the employee must meet the following criteria: i. Have been employed by the Company for at least one 1 year (need not be 12 consecutive months) and for at least 1,250 hours during the preceding 12-month period, and, ii. Be employed at a worksite where the Company maintains at least 50 part- or full-time employees on payroll, and, iii. Work within 75 miles of the worksite (as of the date of leave request) where the employee requesting the leave is employed. B. Duration and Qualifying Reasons for Leave All employees who meet the eligibility requirements described above may be granted a total of twelve (12) weeks of unpaid family leave, for any of the following reasons: i. The birth of the employee s child and in order to care for the child, or ii. The placement of a child with the employee for adoption or foster care, or, iii. To care for a spouse, child or parent who has a serious health condition, or iv. A serious health condition that renders the employee incapable of performing the functions of his or her job. v. Leave taken for the birth or placement of a child must be taken within one year of the birth or placement. vi. Service member Family Leave provides that an eligible employee, pursuant to the requirements in section A.1. above, who is a spouse, son, daughter, parent, or next of kin of a covered service member may be granted a total of twenty-six weeks of unpaid family leave. vii. The term covered service member means a member of the Armed Forces, including a member of the National Guard or Reserves, who: a. has incurred an injury or illness in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member s office, grade, rank, or rating; and b. is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status (defined as a member of the Armed Forces assigned to a military

8 medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients) or is otherwise on the temporary disability retired list. C. Reinstatement i. An employee eligible for family and medical leave with the exception of those employees designated as key employees will be restored to his or her former position or to a position with equivalent pay, benefits, and other terms and conditions of employment. CBRE cannot guarantee that an employee will be returned to his or her original job nor that a position will remain available if a reduction in force occurs during the leave. A determination as to whether a position is an equivalent position will be made by CBRE. ii. A key employee is a salaried employee who is among the highest paid 10 percent of all employees employed by CBRE within a 75-mile radius. Upon a key employee s return from leave, CBRE will attempt to reinstate him or her to the same or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. It is; however, possible that a key employee will not be reinstated if doing so causes substantial and grievous economic harm to the organization. Prior to taking a leave of absence, it is necessary to advise the employee that his or her leave may jeopardize his or her return to the position he or she currently occupy. D. Intermittent Leave i. Leave may be taken on an intermittent or reduced schedule (part-time) basis (with proper medical certification). The employee may take family or medical leave in blocks of time, or by reducing his or her normal weekly or daily work schedule. Contact the Leave of Absence (LOA) Coordinator in the HRSC for certain restrictions on these leave benefits. ii. CBRE may also require an employee on intermittent or reduced schedule to transfer temporarily to an available alternative position with the same pay and benefits in order to accommodate an employee s need for recurring periods of leave. The alternative position need not have equivalent duties to the employee s previous position.

9 E. Medical Leave of Absence Exempt Employees Earning an Annual Base Salary of $100,000 or Greater. See Policy Highly Compensated Employee (HCE) Benefits for additional information. F. Pursuant to 29 C.F.R (a) (3) & (4), the following is the full text of the notice that CBRE is required to publish in its employee handbook: i. Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: ii. a. For incapacity due to pregnancy, prenatal medical care or child birth; b. To care for the employee s child after birth, or placement for adoption or foster care; c. To care for the employee s spouse, son or daughter, or parent, who has a serious health condition; or d. For a serious health condition that makes the employee unable to perform the employee s job. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12- month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing

10 medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. iii. Benefits and Protections During FMLA leave, the employer must maintain the employee s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee s leave. iv. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles. v. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or 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 school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other

11 conditions may meet the definition of continuing treatment. vi. Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. vii. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer s normal paid leave policies. viii. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

12 ix. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee. x. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: xi. a. Interfere with, restrain, or deny the exercise of any right provided under FMLA; b. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. xii. FMLA section 109 (29 U.S.C. 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R (a) may require additional disclosures. xiii. For additional information: US-WAGE ( ) TTY: G. California Family Rights Act (CFRA)

13 Under the California Family Rights Act (CFRA), eligible California employees may be granted up to a maximum of 12 workweeks for family/medical leave. The 12 workweeks will be counted within a rolling 12-month period measured backward from the date an employee uses any CFRA leave. A. Eligibility To be eligible for a CFRA Leave of Absence, the employee must meet the following criteria: i. Be employed by CBRE in the state of California, and, ii. Have been employed by the Company for at least12 months (need not be 12 consecutive months) iii. Have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave, and, iv. Are employed at a worksite where 50 or more employees are employed by the Company within 75 miles of that worksite (as of the date of the leave request). B. Duration and Qualifying Reasons for the Leave All employees who meet the eligibility requirements described above may be granted a total of twelve (12) weeks of unpaid family leave for any of the following reasons:. The birth of the employee s child and in order to care for the child, i. The placement of a child with the employee for adoption or foster care or, ii. To care for a spouse, child or parent who has a serious health condition; or a serious health condition that renders the employee incapable of performing the functions of his or her job. iii. A serious health condition that renders the employee incapable of performing the functions of his or her job. CFRA does not, however, cover any disability of an employee due to pregnancy, childbirth, or related medical conditions. C. Reinstatement

14 . Upon granting a CFRA leave to an employee eligible for CFRA leave with the exception of those employees designated as key employees CBRE guarantees the employee the right to be restored to his or her former position or to a position with equivalent pay, benefits, and other terms and conditions of employment. Upon request by the employee, CBRE shall provide such guarantee in writing. CBRE cannot guarantee than an employee will be returned to his or her original job nor that a position will remain available if a reduction in force occurs during the leave. A determination as to whether a position is an equivalent position will be made by CBRE. i. A "key employee is a salaried employee who is among the highest paid 10 percent of all employees employed by CBRE within a 75-mile radius. Upon a key employee s return form leave, CBRE will attempt to reinstate him or her to the same or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. It is, however, possible that a key employee will not be reinstated if doing so causes substantial and grievous economic harm to the organization. Prior to taking a leave of absence, it is necessary to advise the employee that his or her leave may jeopardize his or her return to the position he or she currently occupies. D. Intermittent Leave. Leave may be taken on an intermittent or reduced schedule (part-time) basis with proper medical certification. The employee may take family or medical leave in blocks on time, or by reducing his or her normal weekly or daily work schedule. Contact the Leave of Absence (LOA) Coordinator in the HRSC for certain restrictions on these leave benefits. i. CBRE may also require an employee on an intermittent or reduced schedule to transfer temporarily to an available position with the same base pay and benefits in order to accommodate an employee s need for recurring periods of leave. The alternative position need not have equivalent duties to the employee s previous position.

15 Paid Family Leave Insurance Program (PFLIP) (California Employees Only). Eligibility The Paid Family Leave Insurance Program (PFLIP) benefits provide an eligible employee up to six weeks of partial wage replacement in a rolling 12-month period to provide care for a seriously ill child, spouse, domestic partner, parent, or to bond with a newborn. PFLIP is not a leave of absence, per se, but provides wage replacement while an employee is on CFRA leave. PFLIP does not, in and of itself, provide job protection. The PFLIP benefits are not available for the employee s own medical condition. A. Granting PFLIP. A female employee may receive up to 10 weeks of benefits for pregnancy and/or childbirth under the Short- Term Disability Insurance (SDI) program and an additional six weeks of benefits under the PFLIP program for bonding with a newborn, for a total of 16 weeks of partial wage-replacement benefits (plus two additional weeks for a caesarian delivery). i. A father is entitled to six weeks of PFLIP benefits for bonding. There is a 7 day, unpaid waiting period for the benefit to begin where the employee must use any PTO available. ii. The Company may require the employee to use up to two weeks of earned PTO before taking PFLIP. There is a one-week waiting period for SDI or PFLIP, but not both. If a pregnant woman satisfies the waiting period for SDI, there is no second waiting period required for PFLIP. The waiting period may be satisfied with a week of PTO. Pregnancy Disability Leave (California Employees Only) Eligible California employees are also entitled to take up to a maximum of 4 months unpaid leave for their own disability caused by pregnancy, childbirth or related medical conditions. California PDL leave is available immediately upon commencement of employment and upon the need for the leave.

16 . Eligibility To be eligible for a PDL Leave of Absence, the employee must meet the following criteria:. Be employed by CBRE in the state of California; i. Have a disability due to pregnancy, childbirth, or other pregnancy-related conditions. A. Duration of Leave/Coordination with CFRA. Pregnancy-related disability leave may be taken for up to four (4) months for each pregnancy. At the end of the employee s period of pregnancy disability (not to exceed 4 months), employees who are also eligible for a CFRA leave, as described in the previous section, may take a leave of up to 12-weeks for the reason of the birth of her child. The maximum possible combined leave for both CFRA and pregnancy disability leave for the reason of the birth of a child is four (4) months and twelve (12) weeks. This assumes that the employee is disabled by childbirth or related medical conditions for four (4) months and then requests, and is eligible for, a twelve (12) week CFRA leave for the reason of the birth of her child. Pregnancy-related disability leave is counted towards an employee s FMLA entitlement, but is not counted as time used for CFRA leave. B. Reinstatement An employee eligible for California Pregnancy Disability Leave, with limited exceptions, has the right to be restored to her former position. If CBRE is legally excused from reinstating the employee to the same position, the employee has the right be restored to a substantially similar position. A determination as to whether a position is substantially similar will be made by CBRE. C. Intermittent Leave. Leave may be taken on an intermittent or reduced schedule (part-time) basis when medically advisable (with proper medical certification). The employee may take leave in blocks of time, or by reducing her normal weekly or daily work schedule. Contact the Leave of

17 Absence (LOA) Coordinator in the HRSC for certain restrictions on these leave benefits. i. CBRE may also require an employee on intermittent or reduced schedule to transfer temporarily to an available alternative position with the same pay and benefits in order to accommodate an employee s need for recurring periods of leave. The alternative position need nor have equivalent duties to the employee s previous position. An employee eligible for California Pregnancy Disability Leave may also request a transfer to a lighter duty position if it is medically advisable. Workers Compensation Leave of Absence. Eligibility. Employees are responsible for reporting all workplace accidents, injuries and illnesses. Employees who have a qualified work related injury or illness will be eligible for a leave of absence, which shall run concurrently with FMLA, based on state law should the employee be eligible for FMLA. A. Qualifying Reasons for Leave Employees must provide a certification of disability and the expected duration of his or her restrictions or inability to work from his or her health care provider. The certification must state that the employee has:. A serious work related injury that renders the employee incapable of performing the functions of his or her job. i. A work related health condition that renders the employee incapable of performing the functions of his or her job. B. Reinstatement Reinstatement provisions are addressed on a state-by-state basis depending upon the requirements of specific state laws.