AMERICANS with DISABILITIES ACT

As part of its commitment to equal employment opportunity, Hogan seeks to implement all applicable provisions of the Americans with Disabilities Act (ADA) and related state law. Ability, not disability, is the basis for employment decisions. It is Hogan’s policy to provide reasonable workplace accommodations to qualified persons with a disability when necessary to allow the employee to perform the essential functions of his or her job. Such accommodations may include, in appropriate circumstances, unpaid leave. If you have questions about this policy and/or have a need for a workplace accommodation, please contact the Human Resources Director.

FAMILY and MEDICAL LEAVE

Employees who have been employed by Hogan for at least twelve months (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.