Family and Medical Leave Act (FMLA)
Scoir will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, Scoir refers to these types of leaves collectively as “FMLA Leave.” In any case, employees will be eligible for the most generous benefits available under applicable law.
To be eligible for FMLA Leave benefits, you must: (1) have worked for Scoir for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and (3) work at a location where at least 50 employees are employed by Scoir within 75 miles, as of the date the leave is requested.
Reasons for Leave
State and federal laws allow FMLA Leave for various reasons. Because an employee’s rights and obligations may vary depending upon the reason for the FMLA Leave, it is important to identify the purpose or reason for the leave. FMLA Leave may be used for one of the following reasons, in addition to any reason covered by an applicable state family/medical leave law:
(1) the birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”);
(2) to care for an immediate family member (spouse, child, or parent with a serious health condition (“Family Care Leave”);
(3) an employee’s inability to work because of a serious health condition (“Serious Health Condition Leave”);
(4) a “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s “covered active duty” (as defined below) as a member of the military reserves, National Guard or Armed Forces (“Military Emergency Leave”); or
(5) to care for a spouse, child, parent or next of kin (nearest blood relative) who is a “Covered Service Member,” as defined below (“Military Caregiver Leave”).
“Child,” for purposes of Bonding Leave and Family Care Leave, means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that Family and Medical Leave is to commence. “Child,” for purposes of Military Emergency Leave and Military Caregiver Leave, means a biological, adopted, or foster child, stepchild, legal ward, or a child for whom the person stood in loco parentis, and who is of any age.
“Parent,” for purposes of this policy, means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person. This term does not include parents “in law.” For Military Emergency leave taken to provide care to a parent of a military member, the parent must be incapable of self care, as defined by the FMLA.
“Covered Active Duty” means (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.
“Covered Service Member” means (1) a member of the Armed Forces, including a member of a reserve component of the Armed Forces, 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 incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties, or (2) a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval, or Air Service, and who was discharged or released therefrom under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs), and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran.
Length of Leave
The maximum amount of FMLA Leave will be twelve (12) workweeks in any 12-month period when the leave is taken for: (1) Bonding Leave; (2) Family Care Leave; (3) Serious Health Condition Leave; and/or (4) Military Emergency Leave. However, if both spouses work for Scoir and are eligible for leave under this policy, the spouses will be limited to a total of 12 work weeks off between the two of them when the leave is for Bonding Leave or to care for a parent using Family Care Leave. The applicable 12- month period utilized by Scoir is a rolling backward 12-month period. Under this method, the 12-month period is measured backward from the day an employee uses any FMLA leave.
The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of twenty-six (26) workweeks in a single 12-month period. A "single 12-month period" begins on the date of your first use of such leave and ends 12 months after that date.
If both spouses work for and are eligible for leave under this policy, the spouses will be limited to a total of 26 workweeks off between the two when the leave is for Military Caregiver Leave only or is for a combination of Military Caregiver Leave, Bonding Leave and/or Family Care Leave taken to care for a parent.
Under some circumstances, you may take FMLA Leave intermittently—which means taking leave in blocks of time, or by reducing your normal weekly or daily work schedule. Leave taken intermittently may be taken in increments of no less one hour increments. Employees who take leave intermittently or on a reduced work schedule basis for planned medical treatment must make a reasonable effort to schedule the leave so as not to unduly disrupt Phenom People’s operations. Please contact the HR Department prior to scheduling planned medical treatment. If FMLA Leave is taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, Scoir may require you to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave.
As discussed more generally below, if your request for intermittent leave is approved, Scoir may later require you to obtain recertifications of your need for leave. For example, Scoir may request recertification if it receives information that casts doubt on your report that an absence qualifies for FMLA Leave.
Notice and Certification
Bonding, Family Care, Serious Health Condition, and Military Caregiver Leave
An employee is required to provide:
when the need for leave is not foreseeable, notice within the time prescribed by Scoir’s normal absence reporting policy, unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practical;
when the leave relates to medical issues, a completed Certification of Health-Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health-Care Provider form);
At Scoir’s expense, it may also require a second or third medical opinion regarding your own serious health condition or the serious health condition of your family member. In some cases, Scoir may require a second or third opinion regarding the injury or illness of a “Covered Service Member.” Employees are expected to cooperate with Scoir in obtaining additional medical opinions that Scoir may require.
When leave is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt Scoir’s operation. Please contact the People Team prior to scheduling planned medical treatment.
Recertifications After Grant of Leave
In addition to the requirements listed above, if your FMLA Leave is certified, Scoir may later require medical recertification in connection with an absence that you report as qualifying for FMLA Leave. For example, Scoir may request recertification if (1) the employee requests an extension of leave; (2) the circumstances of the employee’s condition as described by the previous certification change significantly (e.g., your absences deviate from the duration or frequency set forth in the previous certification; your condition becomes more severe than indicated in the original certification; you encounter complications); or (3)Scoir receives information that casts doubt upon your stated reason for the absence. In addition, Scoir may request recertification in connection with an absence after six months have passed since your original certification, regardless of the estimated duration of the serious health condition necessitating the need for leave. Any recertification requested by Scoir shall be at the employee’s expense.
Military Emergency Leave
An employee is required to provide:
Failure to Provide Certification and to Return from Leave
Absent unusual circumstances, failure to comply with these notice and certification requirements may result in a delay or denial of the leave. If you fail to return to work at your leave’s expiration and have not obtained an extension of the leave, Scoir may presume that you do not plan to return to work and have voluntarily terminated your employment.
Compensation During Leave
Generally, FMLA Leave is unpaid. However, you may be eligible to receive benefits through State- sponsored wage-replacement benefit programs. All such payments will be integrated so that you will receive no more than your regular compensation during this period. The use of paid benefits will not extend the length of a FMLA Leave.
Benefits During Leave
Scoir will continue making contributions for your group health benefits during your leave on the same terms as if you had continued to work. This means that if you want your benefits coverage to continue during your leave, you must also continue to make any premium payments that you are now required to make for yourself or your dependents. Employees taking Bonding Leave, Family Care Leave, Serious Health Condition Leave, and Military Emergency Leave will generally be provided with group health benefits for a 12 work week period. Employees taking Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum of 26 workweeks. In some instances, Scoir may recover premiums it paid to maintain health coverage if you fail to return to work following a FMLA Leave.
Your length of service as of the leave will remain intact, but accrued benefits such as vacation and sick leave will not accrue while on an unpaid FMLA Leave.
Under most circumstances, you will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement.
Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition Leave must submit an acceptable release from a health care provider that certifies the employee can perform the essential functions of the job as those essential functions relate to the employee's serious health condition. For an employee on intermittent FMLA leave, such a release may be required if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, based on the serious health condition for which the employee took the intermittent leave. Employer has the option of choosing to require a simple statement of ability to return to work. “Key employees,” as defined by law, may be subject to reinstatement limitations in some circumstances. If you are a “key employee,” you will be notified of the possible limitations on reinstatement at the time you request a leave.
Fraudulent Use of FMLA Prohibited
An employee who fraudulently obtains FMLA Leave from Scoir is not protected by the FMLA’s job restoration or maintenance of health benefits provisions. In addition, Scoir will take all available appropriate disciplinary action against such employee due to such fraud.