The Family and Medical Leave Act (FMLA) is a federal law that provides job protected leave for Associates who meet certain qualifications. An FMLA Leave may be for one s own medical condition or it may be to care for a qualified family member. The FMLA Leave is an unpaid leave that can last up to 12 weeks (or up to 26 weeks in the event of military care giving). FMLA Leaves that are related to one s own medical condition may run intermittently and/or may run concurrently with a Medical Leave, which may include Short Term Disability Pay, if eligibility requirements are met. This policy is to advise you of the manner in which FMLA is applicable within the CarMax Leave of Absence process. In addition to this policy, the Associate handbook, the Family Medical Leave Notice, and the FMLA poster at your work location address your rights under FMLA. Some states have leave laws that differ from the FMLA. When state law differs from the FMLA, the company will abide by both laws and provide the benefits, pay, leave, and protections most favorable to the Associate under the applicable laws. If you are, or will be on, a FMLA Leave, please review the following important documents which are available on the CarMax Benefits website at benefits.carmax.com in the Leave of Absence section, or the CarMax Way: Eligibility Family Medical Leave (FML) Policy Medical Leave Policy (if applicable, for a Leave for your own medical condition) Continuing Your Benefits While on Leave Policy Sick Time Pay Policy To qualify for a FMLA job-protected Leave, you must have: Completed a minimum of 12 months of cumulative service with the Company (periods of reinstatement/rehire can be counted as long as the break in service does not exceed 7 years; and Worked at least 1,250 hours with the company during the 12-months preceding the first day of absence of the FMLA Leave If a Military Leave occurred during the qualification period, the time spent during the Military Leave shall count as time worked for FMLA eligibility purposes (for both months of service and total hours worked) as if the Associate was working for the Company during such leave. The following are examples of acceptable reasons for requesting FMLA Intermittent time or FMLA Leave: your own serious health condition to care for a seriously ill spouse, child or parent, or birth of a child and/or to care for a newborn placement of a child with the Associate for adoption or foster care and/or to care for the newly placed child to care for a spouse, child, parent or next of kin who is a member of the Armed Forces and who incurred a serious injury or illness during active duty to care for a spouse, child, parent or next of kin who is a veteran of the Armed Forces 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 that was incurred or aggravated while on active duty in the Armed Forces Updated: 12/27/17 Page 1 of 5
to care for a spouse, child, parent or next of kin who is a veteran of the Armed Forces and was a member of the Armed Forces within the preceding 5 years before he or she began treatment, recuperation or therapy for a serious injury or illness a qualifying exigency related to a spouse, child or parent s active duty in the National Guard or Reserves, and, in certain circumstances, deployment to a foreign country due to active duty in the Armed Forces. See the CarMax Military Leave Policy for additional information. Note: Any misrepresentation by you to obtain any form of leave may be grounds for disciplinary action up to and including termination of your employment. Duration Generally, eligible Associates are entitled to a total of 12 weeks of FMLA Leave during any rolling 12-month period, counted backwards from the date the leave starts. In the event FMLA Leave is necessary for military care giving, eligible Associates are entitled to a total of 26 weeks of FMLA Leave in a single 12-month period. This 12-month period begins on the first day you take FMLA Leave to care for a covered service member and ends 12 months later. This leave entitlement is applied on a per-covered service member and perinjury basis, except that no more than 26 weeks of leave may be taken in a single 12-month period. If you are eligible for FMLA Leave for your own medical condition, such leave will run concurrent with a Medical Leave, if applicable. In other words, FMLA Leave for your own health condition also counts as Medical Leave. FMLA Leave can be intermittent or continuous. The minimum duration for continuous FMLA Leave is 3 calendar days. FMLA Leave eligible absences taken in increments less than 3 days will be considered intermittent FMLA. The minimum duration for intermittent FMLA Leave is 1 hour. Your Responsibilities when Requesting a Family Medical Leave Inform Your Manager When the need for continuous or intermittent FMLA Leave is foreseeable, you must inform your Manager of the need for the leave. You should report the FMLA Leave approximately 30 days prior to the start of the leave, if possible. In situations where the need for leave cannot be anticipated 30 days in advance, you must inform your Manager of the need for FMLA Leave as soon as practicable after you learn of the need for leave. When planning non-emergency and non-critical medical treatment, you should attempt to schedule the treatment so as to minimize the impact of your absence on company s operations. Associates seeking to use military caregiver leave must provide 30 days advance notice of the need to take FMLA Leave for planned medical treatment for a serious injury or illness of a covered service member. If leave is foreseeable but 30 days advance notice is not practicable, the Associate must provide notice as soon as practicable generally, either the same or next business day. An Associate must provide notice of the need for foreseeable leave due to a qualifying exigency as soon as practicable. When the need for military family leave is not foreseeable, the Associate must provide notice as soon as practicable under the facts and circumstances of the particular case. Family Medical Leave Policy (Updated: 12/27/17) Page 2 of 5
Contact the Leaves Administrator The same day you inform your Manager of the need for FMLA Leave, contact the Leave Administrator to request your leave by either completing an online application at aetnadisability.com or calling toll-free (866) 498-5004. As a best practice, you should report your need for leave to the Leaves Administrator approximately 30 days before your first day of absence. FMLA Leaves reported to the Leaves Administrator more than 14 calendar days after your First Day of Absence are subject to denial for late reporting. A Leave Intro Letter will be sent to you upon initiating your leave request. You will have 15 days from the date on the Leave Intro Letter to submit the required documentation to the Leave Administrator. Such documentation includes: A Healthcare Provider Certification Form and the Leave Administrator request for medical information form. For FMLA Leave related to an Associate s own serious health condition or to care for the Associate s seriously ill spouse, child or parent, the U.S. Department of Labor Certification of Health Care Provider Form (for Employee s Serious Health Condition or for Family Member s Serious Health Condition, as applicable) and an Authorization to Release Protected Health Information form (Medical Release Form). (The Certification of Health Care Provider Form can also be obtained from the Leaves Administrator or the U.S. Department of Labor web site (www.dol.gov). For a leave to care for a newborn, the newborn s birth certificate or appropriate hospital records reflecting the birth. For a leave related to the placement of a child with the Associate for adoption or foster care, appropriate adoption/court papers. For leave to care for a covered service member with a serious injury or illness incurred in the line of duty, an Invitational Travel Order or Authorization or, in the absence of such a document, the U.S. Department of Labor Certification for Serious Injury or Illness of Covered Service member for Military Family Leave form and Medical Release Form. For leave related to a qualifying military exigency, the U.S. Department of Labor Certification of Qualifying Exigency for Military Family Leave. If your FMLA Leave is Denied Your FMLA Leave may be denied for the following reasons: If you do not report your FMLA Leave within 14 calendar days of your First Date of Absence Failure to submit the required documentation within 15 days of the Leave Intro Letter being sent to you, or If your documentation does not support your requested Leave. If the company has reason to question the validity of a Medical Certification provided by your health care provider, the company may require you to obtain a second opinion, at the company s expense, from a health care provider designated by the company. In the event the second opinion differs from the first, the company may require you to obtain a third and final opinion, again at the company s expense, from a health care provider jointly approved by the company and you. A leave denial for failure to provide proper documentation and/or having 3 or more consecutive days of absence associated with an unapproved leave of absence may result in disciplinary action up to and including termination. Job Protection under the FMLA is not eligible for appeal. Therefore, an appeal request applies only to your Medical Leave and Short-term Disability pay, if applicable. Your Responsibilities while on FMLA Leave You may have to provide medical re-certification in the following circumstances: Family Medical Leave Policy (Updated: 12/27/17) Page 3 of 5
Every 30 days in connection with an absence At any point in which you request an extension of leave When circumstances described in the original certification have changed significantly, or When the company receives information which casts doubt on the continuing validity of the certification. When on an approved intermittent FMLA Leave, you are required to report your FMLArelated absences to your Manager and to the Leaves Administrator. You must provide your Manager and the Leave Administrator with your FMLA Leave schedule in advance of the time needed, whenever possible. When intermittent time is not foreseen, you must report the FMLA-related time off as soon as possible, but no later than 2 days after going out on leave of absence. You may be responsible for reporting your hours away from work to the Leaves Administrator for the duration of your intermittent FMLA Leave. Detailed information related to reporting your time can be obtained through the Aetna Leaves Administrator. If your FMLA Leave eligibility expires and additional time-off from work is needed, you may request a Personal Leave from your Manager. Please refer to the Personal Leave Policy for specific eligibility information. Your Compensation while on FMLA Leave FMLA Leave is unpaid. Associates on an FMLA Leave for his/her own illness may be eligible for Short Term Disability pay, if you are also on an approved Medical Leave. Please refer to the Short Term Disability Pay Policy for specific information. Hourly and Commissioned Associates may request Sick Time to cover any unpaid dates of leave. Please work with your manager, and refer to the Sick Time Policy for additional information. Associates should not request Sick Time for approved leave dates that are eligible for pay through the Short Term Disability Pay Policy. Your Benefits while on Medical Leave If you are enrolled in any benefit plans that require premium payments or contributions (e.g., Medical, Dental, Vision, Voluntary Life, LTD, FSA), you are still responsible to pay any required premiums during your FMLA Leave. Please refer to the Continuation of CarMax Benefits While on Leave Policy for additional information, including when Benefits end. This policy is available on the CarMax Benefits website at benefits.carmax.com. Your Responsibilities at the End of Your Approved FMLA Leave You should contact the Leaves Administrator and your Manager at least two calendar days prior to your expected return to work to discuss your return. Upon a valid return from FMLA Leave, you will be returned to the same position held before the leave or to an equivalent position with equivalent pay and benefits. If you fail to return to work from an FMLA Leave, you may be required to reimburse the company for the company s cost of maintaining group health insurance coverage for you and any dependents you have on the plan during the FMLA Leave. You will not be required to reimburse the company for such costs if you did not return to work for reasons beyond your control, such as the continuation, recurrence or onset of your own serious health condition, or your spouse, parent, or child, or a serious injury or illness of a covered service member, or other circumstances beyond your control. Family Medical Leave Policy (Updated: 12/27/17) Page 4 of 5
Manager Responsibilities When the Associate requests a Leave Advise your Associate to report his/her FMLA Leave request to the Leave Administrator through the on-line application process at aetnadisability.com or by calling (866) 498-5004. If you do not receive an email from the Leave Administrator confirming the Associate s leave request within three business days, you may review the Associate s leave status on-line at aetnadisability.com or contact the Leave Administrator directly. If your Hourly/Commissioned Associate requests to use Sick Time for any unpaid dates of leave, enter the Sick Time into Kronos. Sick Time will not automatically exhaust when the Associate initiates a leave. A leave denial and/or having up to 3 or more consecutive days of absence associated with an unapproved leave of absence may result in disciplinary action up to and including termination. During the Associate s Leave You can view the status of any of your Associates out on a Leave of Absence at any time by accessing the aetnadisability.com website or obtaining a report from the location Management Assistant or HR representative. Remain in contact with your Associate periodically throughout the leave. Periodic follow up helps to keep you and your Associate engaged and helps keep you aware of his/her wellbeing. The Associate s Return to Work You should receive confirmation from both the Associate and the Leaves Administrator regarding the Associate s return to work within 5-7 days prior to the expected date of return. If you have not received confirmation of the return to work, you should contact the Leaves Administrator to verify the status of the Associate s return to work. Once you have confirmed your Associate s ability to return to work, talk with the Associate about the specifics related to his/her return, such as work schedules, arrival time, and any other pertinent information. If the Associate does not return to work on the expected date of return and you have not received notification of the Associate s request to extend his/her FMLA Leave, contact your Human Resources representative to determine the appropriate next steps. If the Associate advises you of work restrictions upon his/her return to work, contact your Human Resources representative to determine how to proceed. If the Associate was on an FMLA Leave during APR and/or merit time, be sure to deliver any postponed APR or Merit Review information upon his/her return. Use the Return To Work Guide on carmax.com/benefits- Leave of Absence section if you have questions. If you have any questions pertaining to Leaves of Absence policies or processes, please visit benefits.carmax.com, contact the Leaves Administrator and/or contact your Human Resources representative. Family Medical Leave Policy (Updated: 12/27/17) Page 5 of 5