missed by the employee during any family and medical leave upon expiration of the leave, whether or not the employee returns to work. Similarly, the School may recover from the employee his/her share of the premiums for non-health benefits maintained during the leave, upon expiration of the leave whether or not the employee returns to work. Employees who fail to return to work promptly after the expiration of the leave for which they are eligible under this policy, for any reason other than the continuation, recurrence or onset of a serious health condition of the employee or of the employee’s family member or other circumstances beyond the control of the employee or without obtaining the School’s prior consent to prolo ng the period of leave, may be terminated and will be required to reimburse Levine Academy for its share of the premiums for maintaining coverage for the employee under the group health plan during any period of unpaid leave. The School may require certification from the health care provider in cases where the employee asserts that he/she is unable to return to work because of the continuation, recurrence, or onset of a serious health condition of the employee or a family member. The certification must state that a serious health condition prevents the employee from being able to perform the functions of his/her position as of the date that the leave granted under this policy expires or, in the case of a family member, that the employee is needed to care for such family member because of a serious health condition on the dates that the leave expires. Certification under these circumstances relates only to the employee’s obligation to reimburse Levine Academy for the cost of maintaining coverage under the group health plan during leave, and neither this provision nor any other provision of this policy is to be construed as obligating the School to continue employment (or any benefits of employment) of any person who does not return to work, regardless of the reason, upon expiration of the leave authorized under this policy.
Employees do not accrue other employment benefits during the leave period.
Restoration to Prior Position
Upon the expiration of leave under the policy, the employee will be restored to the same position he/she held when the leave behaves, or to an equivalent position, with equivalent employment benefits, pay and other terms and conditions of employment.
Modifications
This policy may be modified by Levine Academy at any time and is not intended to create legal rights or obligations beyond those existing under the Family and Medical Leave Act of 1993 or its amendment effective January 16, 2009 which updates the FMLA regulations to implement new military family leave entitlements under the National Defense Authorization Act for FY 2008.
Military Leave of Absence
A military LOA shall be granted to employees entering active duty in the US Armed Forces as a result of enforced military training or service or emergency active duty call-ups. Military LOA shall apply to enlistment only if the enlistment is for an initial tour of duty during a time of war or other military conflict involving the Armed Forces of the United States. An employee qualifying for military LOA shall not lower his seniority status. Employees who serve in US military organizations or State militia groups may take the necessary time off without pay to fulfill the obligation, and will retain all of their legal rights for continued employment under existing laws. These employees may apply accrued personal leave and unused earned vacation time to the leave if they wish; however, they are not obliged to do so.
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