Employees who have been employed by Hogan for at least twelve months (which need not be consecutive), and for 1,250 hours over the previous 12 months, may be eligible for unpaid leave under the Family and Medical Leave Act (FMLA). Up to twelve weeks of FMLA leave (and fourteen additional weeks to care for a qualifying family member injured, or who becomes ill, while on active military duty) is available, measured on a rolling twelve month period looking back from the date leave is requested or needed.

Reasons for Taking Leave: Unpaid leave must be granted for any of the following reasons:

1. For incapacity due to pregnancy, prenatal medical care, or child birth;
2. To care for the employee’s child after birth, or placement for adoption or foster care;
3. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;
4. For a serious health condition that makes the employee unable to perform the employee’s job;
5. To care for a qualifying family member who is injured or becomes ill while in active military service; or
6. To assist a family member with various matters as a result of a call to active military duty (one time basis only).

MILITARY FAMILY LEAVE ENTITLEMENTS

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period (one time basis only). A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

JOB BENEFITS and PROTECTION

1. For the duration of FMLA leave, Hogan must maintain health coverage under any “group health plan” on the same terms as if the employee had continued to work.
2. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
3. The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.

DEFINITION of SERIOUS HEALTH CONDITION

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

USE OF INTERMITTENT LEAVE

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt Hogan’s operations. Military family leave due to qualifying exigencies may also be taken on an intermittent basis.

SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE

Under Company policy, all available PTO must be exhausted during the first part of FMLA leave before unpaid family or medical leave may be taken.

EMPLOYEE RESPONSIBILITIES

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable.

Employees must provide sufficient information for Hogan to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform Hogan if the requested leave is for a reason for which FMLA leave was previously taken or certified.

You may also be required to provide medical certification and periodic recertification supporting the need for leave. Hogan may also require second or third opinions (at Hogan’s expense) and a fitness for duty report to return to work.

Hogan’s Responsibilities: Hogan will not:

1. Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.