Harrell’s Employee Handbook, September 2023
Employee Status After Leave 1. An employee who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits, and other employment terms. The position will be the same or virtually identical in terms of pay, benefits, and working conditions. 2. The Company may choose to exempt certain key employees from this requirement and not return them to the same or similar position. Use of Paid Leave (FMLA & Short-Term Disability) 1. An employee who is taking FMLA leave because of the employee’s own serious health condition or the serious health condition of a family member must use all accrued vacation and available paid sick time before paid leave begins, which will not extend the total leave beyond 12 weeks without the approval of the Human Resources Department. Short-term disability leave may run concurrently with FMLA leave. 2. Disability leave for the birth of the child and for an employee’s serious health condition, including workers’ compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with short-term disability. For example, if an employer provides six weeks of pregnancy disability leave, the six weeks will be designated as FMLA leave and counted toward the employee’s 12-week entitlement. a. Note: An employee may be eligible for short-term disability because of their own serious health condition. Short-term disability is a paid leave that will not extend beyond 13 weeks, with the first week being an unpaid waiting period. An employee may use sick or vacation time during the waiting period. 3. An employee who is taking leave for the adoption or foster care of a child must also use all accrued vacation and available paid sick leave hours. Note : FMLA is considered a unique circumstance, and Harrell’s will allow employees to utilize time not accrued according to Vacation, Sick, and Bereavement Time Policy, e.g., 10 years and 18 vacation days. Intermittent Leave or a Reduced Work Schedule 1. The employee may take FMLA to leave in 12 consecutive weeks, may use the leave intermittently (take a day or less periodically when needed over the year), or, under certain circumstances, may use the leave to reduce the work week or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 work weeks (and an additional 14 weeks for a total of 26 work weeks, if needed and authorized to care for an injured or ill service member over a 12-month period. 2. The Company may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule in instances of when leave for the employee or the employee’s family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. 3. For the birth, adoption, or foster care of a child, the Company and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child. 4. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach an agreement with the Company before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The Company may require certification of the medical necessity as discussed in Sections VII and VIII.
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