FictionSoft complies with the provisions of the Family and Medical Leave Act (FMLA) of 1993 and applicable state laws, which provide that eligible employees may take leaves of absence for specific reasons.
Employee Eligibility. An employee is not eligible to take a FMLA leave unless he or she (1) has worked at FictionSoft for at least 52 weeks; (2) worked at least 1,250 hours in the twelve months prior to when the leave will commence; (3) has not used all available FMLA leave in the twelve months looking back from the date the requested leave will commence; and (4) there is a qualifying event.
Qualifying Event. Under FMLA, there are only four qualifying events: (1) birth care of the employee’s newborn child; (2) placement of a child with the employee for adoption or foster care; (3) caring for the employee’s spouse, child, or parent with a serious health condition (this does not include in-laws); or (4) the employee’s own serious health condition that prevents him or her from performing the essential functions of the job.
Amount of Leave. Eligible employees may take up to twelve (12) weeks of leave during a rolling twelve (12)-month period, subject to applicable state law, and pregnancy disability leave for up to four months in accordance with applicable state laws. The twelve (12)-month period is determined by measuring backward from the date an employee takes any FMLA leave. Spouses who are employed by FictionSoft, and who request FMLA leave for the birth, adoption, or foster care placement of a child with the employee, are eligible for a combined twelve (12) weeks between the two employees.
Employee Notice. If the reason for the FMLA leave is foreseeable, the employee is to give FictionSoft thirty-days (30) notice. If the need for leave is not foreseeable, the employee is expected to notify the company as soon as possible, no more than two (2) days after knowing of the need for leave. Notice to the company is accomplished by completing and submitting a Leave of Absence (LOA) Request Form, which can be obtained from the employee’s manager. If the reason for the leave is a family member’s serious health condition or that of the employee, the employee may be required to complete a Certification of Health Care Provider form, which must be returned to the manager within fifteen (15) calendar days from the request for leave. Requests for Leave will be granted for no more than thirty-day (30) periods of time.
Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within fifteen (15) days of being requested to do so may result in a denial of your continued leave.
The medical certification for employees, as well as a child, spouse, or parent with a serious health condition shall include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) a statement that, due to the serious health condition, you are unable to perform the functions of your position.
If additional leave is required, extensions of no more than thirty-day periods may be granted by Human Resources by completing and submitting a new LOA Request Form at least five (5) days prior to the expiration of the current leave period. However, the leave period under FMLA will not exceed a maximum of twelve (12) weeks, subject to FMLA and applicable state law.
Pay and Benefits during FMLA Leave. FMLA leave is unpaid. However, the eligible employee must use earned but unused vacation, sick, or FTO during the absence. The employee’s health plan coverage will be maintained during the leave under the same conditions as if the employee had continued to work. This means that the employee must continue to pay the portion he normally pays toward the insurance costs or risk cancellation of health benefits coverage during the leave. If an employee’s premium is more than thirty (30) days late, his or her health plan benefit coverage will cease. Information on how and when to make insurance payments will be provided to the employee in writing at the beginning of the FMLA leave. Benefits do not accrue during an FMLA leave. An employee on FMLA leave is not eligible for holiday pay for a holiday that falls during the FMLA leave.
COBRA Rights. FMLA does not constitute a qualifying event triggering continuation of health benefit provisions under the Consolidated Omnibus Budget Reconciliation Act (COBRA). If an employee resigns for any reason during an FMLA leave, he or she would be eligible for COBRA coverage by paying his or her full share of health care costs, plus a 2% administrative charge. Employees who are terminated for gross misconduct will not be eligible for COBRA coverage.
Reduction in Force. The Company will not offer any special protection to you while you are on FMLA leave at the time of a layoff. The manager will make the same decisions that they would have made if the employees had not been on FMLA leave.
Return to Work. The employee should notify the company of his or her intent to return to work two (2) weeks prior to the anticipated date of return. Under certain circumstances, employees may also be required to submit to a medical examination before returning to work. If the employee returns to work prior to the expiration of available FMLA leave, the employee will normally be returned to his or her former position or a comparable position. If, however, the employee cannot return to work prior to the expiration of the FMLA leave, employment will be automatically terminated.