An employee who has been employed by the COS for at least twelve (12) months and has worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) months immediately preceding the date of commencement of FMLA leave, is eligible for FMLA leave.
An employee will receive up to twelve (12) weeks (or 26 weeks if the reason for the leave is to care for a covered service member with a serious injury or illness) of job-protected leave within a twelve (12) month period for the following: (1) birth and care for a newborn child, if concluded within twelve (12) months of the birth of the child; (2) placement with the employee of a child for adoption or foster care, if concluded within twelve (12) months after placement; (3) care for the employee's spouse, child, or parent (but not parent-in-law) of the employee who has a serious health condition; (4) employee's own serious health condition, or (5) military family leave.
Military Family Leave:
Military Caregiver Leave - An eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces including a member of the National Guard or Reserves, with a serious illness or injury, may be entitled to up to twenty-six (26) work weeks of unpaid leave during a single twelve (12) month period to care for the service member.
Covered service members also include veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness AND who were members of the Armed Forces, including the National Guard or the Reserves, at any time during the five (5) years preceding the date on which the veteran undergoes such treatment, recuperation, or therapy.
With respect to a veteran who was previously a member of the Armed Forces, Including the National Guard or the Reserves, a "serious injury or illness" is defined as "a qualifying injury or illness" that was incurred in the line of duty, or aggravated by service in the line of duty while on active duty in the Armed Forces and that manifested itself before or after the individual became a veteran. Thus, pre-existing conditions aggravated by military service may be covered.
Please check with your manager and/or HR for additional information concerning the definition of a "covered service member" and the definition of a "serious injury or illness."
Qualifying Exigency Leave - An eligible employee may be entitled to up to twelve (12) workweeks of unpaid leave during a single twelve (12) month period for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on "covered active duty." Qualifying exigency leave is available to a family member of a military member in the regular Armed Forces, National Guard or Reserves. Qualifying exigencies include leave to address issues surrounding short-notice deployment, military events and related activities, childcare and related activities, financial and legal activities, counseling, rest and recuperation, and post-deployment activities.
For service members in a regular component of the Armed Forces, "covered active duty" means duty during deployment to a foreign country. For members of the National Guard or Reserves, it means deployment to a foreign country under a call or order to active duty.
FMLA leave, including military caregiver leave, may be taken all at once, intermittently, or on a reduced schedule, whenever medically necessary. FMLA leave may also be taken intermittently for a qualifying exigency arising out of the active duty status or call to active duty of a covered military member. If intermittent leave is requested, the employee may be transferred, on a temporary basis, to an alternative position with equivalent pay and benefits which better accommodates the employee's need for such leave.
An employee must submit a valid certification showing the necessity of the requested leave and must provide recertification on a reasonable basis as requested. When leave is needed for planned medical treatment, the employee must make reasonable effort to schedule treatment so as not to unduly disrupt the COS's operation.
When the need for FMLA leave is foreseeable, an employee is required to give thirty (30) days written notice, or as much as practical, prior to the beginning of the leave - generally either the same or the next business day. The employee must also detail in the written notice why the FMLA leave is being requested.
If both spouses are employees of the COS, they may ask to take FMLA leave at the same time if the purpose of the leave is for the birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has a serious health condition. However, they will be limited to a combined total of twelve (12) weeks (or 26 weeks if the reason for the leave is to care for a covered service member with a serious injury or illness). Should both employees use only part of the twelve (12) week total entitlement, the remaining entitlement may be taken individually for other FMLA purposes, up to the twelve (12) week maximum cumulative. If, however, leave is requested by both employees/spouses because of one spouse's serious health condition or to care for a sick child, both employees are entitled to twelve (12) weeks of FMLA leave.
The twelve (12) month period within which FMLA is granted will be a fixed year beginning on the employee's anniversary date. The employee is required to exhaust any accrued or paid leave (vacation, sick, etc.) during the period of FMLA leave. Employees will be allowed FMLA leave until the total number of weeks of the leave equals twelve (12) weeks (or 26 weeks if the reason for the leave is to care for a covered service member with a serious injury or illness).
Any medical leave under FMLA leave will run concurrent with worker's compensation leave and/or any other disability leave. The FMLA leave period will be unpaid leave, with the exception of any accrued sick and/or annual leave which the employee will be required to exhaust.
Upon returning to work, the employee will be placed in his or her previous position or an equivalent position without loss of benefits accrued prior to the leave unless the employee would have been laid off or otherwise terminated had he or she continued to work during the leave period. "Key employees" who are notified of that status at the time leave is requested may be denied the right to return to work to prevent substantial economic injury to us. A "key employee" is one who is among the highest paid ten percent (10%) of employees within seventy-five (75) miles of the work site.
Employee group health benefits, if given, will be granted throughout the FMLA leave. Employees will be required to pay his or her portion, if any, of the premium when due.
INSURANCE AND RETIREMENT BENEFITS