LEAVE
No policy should be construed to confer any express or implied contractual relationship or rights to any Team Member. The Company reserves the right to modify any policy as necessary, in its sole discretion, to the extent permitted by law. Violation of any Company policies or procedures can result in disciplinary action up to and including termination of employment. If you have any questions about this handbook or Company policies, please feel free to discuss with your Manager or HR. 84 • Team Members returning from FMLA leave will be restored to the same or an equivalent job. The FMLA does not entitle a restored Team Member to any right, benefit, or position of employment other than any right, benefit, or position to which the Team Member would not have been entitled had the Team Member not taken leave. • Outside employment during a Team Member’s leave period without written Company approval is prohibited and may result in disciplinary action, up to and including termination of employment. Further, engaging in deceptive or misleading conduct as a part of a Team Member’s leave (including lying about the reason or need for such leave) may result in disciplinary action, up to and including termination. E. Return from Leave single leave year, the Company requires the Team Member to provide a new medical certification in each year the Team Member subsequently takes leave. • Where leave is taken for the serious health condition of the Team Member or the Team Member’s covered family member, the Company may require recertification of the leave every six (6) months, or on a more frequent basis in certain circumstances. • Team Members returning from an approved FMLA leave due to their own serious health condition will be required to present a fitness-for-duty certification from their health care provider indicating that they are medically able to resume work. This certification specifically must address the Team Member’s ability to perform the essential functions of their job. • The Company may delay returning the Team Member to work until this certification is received. Failure to provide this certification may subject the Team Member to termination. • In the case of intermittent FMLA leave for a Team Member’s own serious health condition, Team Members are required to present a fitness-for-duty certification every thirty (30) days if the Company determines that reasonable safety concerns exist regarding the Team Member’s ability to perform their duties because of the Team Member’s serious health condition. D. Team Member Responsibilities While on Leave • During an approved FMLA leave, Team Members are entitled to the same health insurance they had before the leave began. Team Members who pay some or all of their health insurance premium will be required to continue to pay the premiums in order to continue benefit coverage during the leave period. The Team Member is responsible for making arrangements to pay any premiums due during the leave period. Failure to pay these benefit premiums by the due date will terminate the Team Member’s coverage. Note: Coverage Terminated due to non-payment is not a COBRA event. Team Members who do not return to work following FMLA leave will be liable for the payment of any health insurance premiums paid by the employer during unpaid FMLA leave, unless the failure to return to work was due to the continuation, recurrence, or onset of a serious health condition or for other circumstances beyond the Team Member’s control. Upon Team Members return to work, any unpaid premiums will be deducted from their earnings, unless otherwise prohibited by federal, state or local laws. • Team Members will be required to periodically advise the Company of their status and intent to return to work at the conclusion of the FMLA leave. Team Members also must provide notice to the Company at least two(2) business days prior to their return to work. If a Team Member unequivocally indicates their intent not to return to work after taking FMLA leave, the Team Member is subject to termination. • While on leave, the Team Member may not be eligible for bonuses or other payments based on attendance or job-related performance goals, in the Company’s discretion, where the Team Member has not met that goal due to FMLA leave.
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