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5.9. Employer Response to Employee Request: After an employee requests FMLA leave, the <br />Company shall provide the employee with a Notice of Eligibility and Rights & Responsibilities <br />within five (5) business days. After the Company has reviewed the leave request information <br />provided by the employee including any certification documentation, and determined the <br />leave is for an FMLA qualifying reason, the employee will be promptly notified whether the leave <br />has been approved and that accrued paid leave must first be used. The Company's notice to <br />the employee will be confirmed in writing by way of a Designation Notice within five (5) business <br />days. The response will detail the employee's specific expectations and obligations relating to <br />his/her leave. This document contains important information that the employee should read <br />carefully. <br />5.10. Benefits Coverage During Leave: <br />(a) Health Benefit: During the leave, the employee will be retained on the Company's <br />group health plan under the same conditions that applied before the leave began. To <br />continue health coverage while on leave, the employee must continue to make any <br />contributions that he/she made for group and other insurance benefits prior to leave. <br />Failure of the employee to pay his/her share of the health insurance premium may result <br />in the loss of coverage. <br />(b) Cafeteria Plan Benefits: While on paid leave, the Company will continue to make <br />payroll deductions for any cafeteria plan benefits the employee may have. While on <br />unpaid leave, the employee must continue to make the cafeteria plan benefit premium <br />payments must be made in accordance with the terms of the Cafeteria Plan <br />documents. Please consult the plan documents or see Human Resources for questions. <br />Required payments must be received by a Human Resources representative in the time <br />requirements specified by the Cafeteria Plan. Failure to pay premiums on a timely basis <br />will result in a loss of coverage for the duration of the leave. <br />5.11. Accrual of Paid Leave <br />/Length of Service: Employees who take FMLA leave will not <br />lose any previously accrued seniority or length of service. Paid holidays are not provided to an <br />employee who is on leave. Vacation leave and sick leave do not accrue while on FMLA leave. <br />Such accrual will resume upon an employee's return to work. The annual vacation and sick <br />leave accrual will be prorated for the calendar year in which the leave of absence occurs <br />based on the duration of the leave of absence and the employee's benefit eligibility and <br />accrual rate. <br />5.12. Recovery of Benefits: If an employee fails to return to work after the expiration of the <br />leave, the employee may be required to reimburse the Company for the payment of the health <br />insurance premiums paid to maintain the employee's or dependent's coverage during the <br />period of unpaid family or medical leave. If the employee claims that he or she is not able to <br />return because of the employee's continuing serious health condition, family member's serious <br />health condition, or Covered Servicemember's serious injury or illness, then a medical <br />certification to substantiate that claim is required to be furnished to the Company within 30 days <br />from the date the employee's leave expired. <br />[NOTE: Reimbursement will not be required if the employee does not return to work because of a <br />serious health condition or other circumstances beyond the employee's control. § 825.213] <br />5.13. Restoration to Employment: Absent special circumstances, an employee who returns <br />from FMLA leave will be returned to the same position held when the leave began or to a <br />position equivalent in pay, benefits, and other terms and conditions of employment. <br />20 <br />