The company grants leaves of absence to eligible employees in accordance with applicable law. Please contact Human Resources with any questions or concerns about leaves of absence.
Family and Medical Leave
The Company grants family or medical leaves of absence in accordance with the Family and Medical Leave Act("FMLA"). To the extent that anything in this policy conflicts with FMLA or applicable state law, or to the extent that applicable state law provides greater benefits, the terms of the FMLA and/or the state law shall control. If you have questions, concerns or complaints about this policy or your rights and responsibilities under the FMLA, please contact Human Resources.
Eligibility for FMLA Leave: You are eligible to take FMLA leave if you: (1) have worked for the Company for at least 12 months; (2) have worked for at least 1,250 hours in the 12-month period immediately preceding the commencement of leave; (3) are employed at a worksite where 50 or more employees are employed by the Company within 75 miles of that worksite.
Amount of Leave: The company grants eligible employees up to 12 workweeks of leave during a 12-month period for reasons set forth below , except in the case of leave to care for a covered service member with a serious injury or illness. A "rolling" 12 month period measured backwards from the date you take leave will be used for computing the period within which the 12 weeks of leave may be taken. The Company grants eligible employees 26 workweeks of leave during a single 12-month period to care for a covered service member with serious injury or illness. The single 12-month period begins on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date.
Reasons for Leave: You may take family/medical leave for any of the following reasons:
1. For the birth of an employee's son or daughter and to care for the newborn child
2. For the placement with the employee of a son or daughter for adoption or foster care and to care for the newly placed child
3. To care for the employee's spouse, son, daughter or parent with a serious health condition
4. Because of a serious health condition that makes the employee unable to perform one or more functions of the employee's job.
5. For any qualifying exigency arising out of the fact that the employee's spouse son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status). A qualifying exigency includes the following: (a) short-notice deployment, (b) military events and related activities, (c) childcare and school activities, (d) financial and legal arrangements, (e) counseling, (f) rest and recuperation, (g) post- deployment activities, (h) parental care, and (i) additional activities that arise out of the military member's covered active duty or call to covered active duty status provided that the employee and the Company agree both the timing and duration of leave.
6. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the covered service member.
Ab employee's entitlement to FMLA leave for birth, adoption, or foster care expires at the end of the 12-month period beginning on the date of birth or placement.
Notice of Leave: You must notify the Company of your need for leave by completing a Request for Family/Medical Leave Form available from Human Resources. You should give 30 days prior written notice before FMLA leave is to begin if the need for leave is foreseeable (such as an expected birth, placement for adoption or foster care, or a planned medical treatment), or as much advanced written notice as possible, to your supervisor. When the approximate timing of the need for leave is not foreseeable you must provide notice to the Company as soon as practicable under the facts and circumstances of the particular case. You must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of leave. Sufficient information may include that you are unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health provider, or circumstances supporting the need for military family leave.
Substitution of PLT: Generally, FMLA leave is unpaid leave. However, to the extent that you have accrued PLT, it will be substituted for any unpaid portion of FMLA leave.
Certification: If you are requesting FMLA leave because of your own serious health condition or your covered family member's serious health condition, the Company requires that your leave be supported by a certification issued by the health care provider. You may obtain the Medical Certification Form from Human Resources. You must provide the requested certification to the Company within 15 calendar days after the Company's request, unless it is not practical under the particular circumstances to do so. Whenever possible, the Medical Certification should be supplied prior to the commencement of leave. Further, the Company, at its expense, may require you to obtain a second opinion by a health care provider designated by the Company. If the opinions of your and the Company's designated health care providers differ, the Company, at its expense, may require you to obtain certification from a third, mutually agreeable, health care provider that will be a final and binding opinion. The Company may require a subsequent medical recertification. Failure to provide requested certification within 15 days, if such as practicable, may result in delay of further leave until it is provided. The Company may also require that your leave because of a qualifying exigency or to care for a covered service member with a serious injury or illness be supported by a certification.
Reporting While on Leave/Intent to Return to Work: If you take leave because of your own serious health condition or to care for a covered family member, you must contact Human Resources, regarding your status and your intention to return to work. When planning to return to work following leave for your own serious health condition, you should attempt to give the Company at least one week's notice. In addition, in the event it may be necessary for you to take more leave than originally anticipated or the circumstances have changed and the amount of leave originally anticipated is no longer necessary, you must give notice as soon as practicable (within 2 business days if feasible) of the changed circumstances where foreseeable.
Intermittent and Reduced Scheduled Leave: FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek or hours per workday. For intermittent leave or leave on a reduced leave schedule taken because of a serious health condition or to care for a covered service member with a serious injury or illness, there must be a medical need for leave and it must be that such medical need can best be accommodated through an intermittent or reduced leave schedule. If you need leave intermittently or on a reduced leave schedule for planned medical treatment, then you must make a reasonable effort to schedule the treatment so as not to disrupt unduly the Company's operations. In addition, while you are on an intermittent or reduced scheduled leave, the Company may temporarily transfer you, during the period that the intermittent or reduced leave schedule is required, to an available alternative position which has equivalent pay and benefits and which better accommodates recurring periods of leave than does your regular position.
Leave is Unpaid: Family/Medical leave is unpaid leave (unless PLT is substituted as explained above) although you may be eligible for short or long term disability payments and/or workers compensation benefits under those insurance plans, if same are offered or available. For more information regarding use of your PLT or eligibility for disability and/or workers compensation insurance payments, talk with Human Resources and/or refer to the plan documents (which are controlling).
Medical and Other Benefits: During FMLA leave, the Company will maintain your coverage under any group health plan on the same conditions as coverage would have been provided if you had been continuously employed during the entire leave period. Any share of group health plan premiums which you had paid prior to FMLA leave must continue to be paid by you during the FMLA leave period. Accordingly, you will be responsible to pay your portion of the premium.
Fitness-for-Duty: If your FMLA leave was taken because of your own serious health condition, you will be required to provide Human Resources with a fitness-for-duty certification from your health care provider that you are able to resume work.
Reinstatement: On return from FMLA leave, you are entitled to be returned to the same position you held when you leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
Returning from Leave: When you are able to return to work following a leave because of your own serious health condition, you should attempt to give the Company at least one week’s notice by mailing to your supervisor or human resource department the medical certification stating that you are able to resume work. You may obtain Return to Work Medical Certification Forms from your human resource department. This is important so that your return to work is properly scheduled.
PARENTAL OR PREGNANCY LEAVE OF ABSENCE
The Company grants an unpaid leave of absence to an employee who is (1) a biological or adoptive parent in conjunction with the birth or adoption of a child; or (2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. To be eligible for leave, an employee must: (1) work for the company when it employs 21 or more employees at least one site; (2) have worked for the Company for at least 12 months preceding the leave request; and (3) have worked for the Company for an average number of hours per week equal to one-half the full time equivalent position in the employee's job classification as defined by the Company's personnel policies or practices during the 12-month period immediately preceding the leave.
The Company requests as much advance notice of the leave as possible. The leave begins at a time requested by the employee and the employee determines the length of the leave. The leave may not exceed 12 weeks, unless the Company agrees to a longer leave. For leave taken longer because of the birth or adoption of a child, the leave must begin within 12 months of the birth or adoption of a child. If the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital.
Leave is unpaid. However, employees must use their accrued PLT for unpaid leave. The Company will continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Employees are required to pay their portion of premiums during leave.
An employee returning from leave longer thank one month must notify Human Resources at least two weeks prior to return from leave. An employee is entitled to return to the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from leave is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee's pay scale that occurred during leave. The employee returning from leave is entitled to retain all accrued pre-leave benefits of employment and seniority (except to the extent that such benefits have been used or did not accrue during the leave) as though there was no interruption in employment.
SCHOOL CONFERENCE AND ACTIVITIES LEAVE
Eligible employees may take unpaid leave up to a total of 16 hours during any 12 month period to attend school conferences or school-related activities related to their child, provided the conferences or school-related activities cannot be scheduled during non-work hours. Employees are eligible for such school conferences and activities leave if they have worked for the Company for an average number of hours per week equal to one-half the full-time equivalent position in the employee’s job classifications defined by the Company's personnel policies or practices.
In addition, if the eligible employee’s child receives child care services or attends a pre-kindergarten regular or special education program, the employee may use the leave provided by this policy to attend a conference or activity related to the employee’s child, or to observe and monitor the service or program, provided the conference, activity, or observation cannot be scheduled during non-working hours. When the leave cannot be scheduled during non-working hours, and the need for leave is foreseeable, the employee must provide for reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the Company’s operations. You may substitute accrued paid PLT or other appropriate paid leave for any part of the school conference or activity leave under this policy.
BONE MARROW DONATION LEAVE
The Company grants a paid leave of absence to donate bone marrow to employees who work an average of 20 or more hours per week. The employee determines the length of the leave. However, the leave may not exceed 40 work hours, unless the Company agrees to a longer leave. The Company may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. Please contact Human Resources if you need a leave of absence.
VOTING LEAVE
The Company grants employees sufficient time off to vote is an election without loss of pay. Most employees should be able to vote during non-working hours. Employees who do not have sufficient time outside of working hours to vote should inform their supervisor or Human Resources of their leave prior to the day of voting.
WITNESS LEAVE
The Company will allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony, reasonable time off from work to attend criminal proceedings related to the victim's case. The Company will allow a victim of a heinous crime, as well as the victim's spouse or next of kin, reasonable time off from work to attend criminal proceedings related to the victim's case. An employee who needs to be absent from work must give 48 hours' advance notice to Human Resources unless it is impracticable or an emergency prevents the employee from doing so. Upon request from the Company, the employee must provide verification that supports the employee's reason for being absent from the workplace. All information related to the employee's leave under this policy will be kept confidential.
ELECTION JUDGE LEAVE
An employee who is selected to serve as an election judge may, after giving Human resources at least 20 days' written notice, be absent from work for the purpose of serving as an election judge. The Company will reduce the salary or wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from work. The written request to be absent from work must be accompanied by a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The Company will restrict the number of persons to be absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force.
MILITARY LEAVE/CIVIL AIR PATROL LEAVE
The Company complies with all requirements relating to military leave, benefits, and reinstatement in accordance with the Uniformed services Employment and Reemployment Rights Act ("USERRA") and applicable state law. The Company does not discriminate or retaliate against employees based on their military service. Employees should give as much possible notice to their supervisor to allow for staffing arrangements. No employee will be discharged from employment because of membership in the U.S. or any state military or naval forces of the United States, or be hindered or prevented from performing any military service when called upon by proper authority, or be dissuaded from enlistment in the military service by threat or injury, in case that person shall so enlist.
Employees may, unless it would unduly disrupt Company operations, take a leave of absence without pay for time spent rendering service as a member of the civil air patrol on the request and under the authority of the State of Minnesota or any of its political subdivisions. Please contact Human Resources if you need a military leave of absence or for any other questions or concerns.
FAMILY MILITARY LEAVE AND LEAVE TO ATTEND MILITARY CEREMONIES
Eligible employees and independent contractors who are the spouse, parent,m child, grandparent or sibling of a member of the United States armed forces who is injured or killed while engaged in active service may take up to ten days of unpaid family military leave.
In addition, eligible employees and independent contractors who are the spouse, parent, legal guardian, child, grandparent, grandchild, sibling or fiance of a member of the United States armed forces who has been ordered into active service in support of a war or other national emergency may take up to one day of unpaid military ceremonies leave each calendar year to attend a send-off or homecoming ceremony for the service member. This leave may be limited to the actual time necessary for the employee to attend the ceremony. Additionally, the Company may deny the request for leave if it would unduly disrupt the operations of the company.
Employees must provide Human Resources with as much notice as possible of the need for leave under this policy.