Leaves of absence

Leaves of absence

FMLA leave is available to employees who work for a covered employer, who work 1,250 hours during the 12 months prior to the start of leave, who work at a location where 50 or more employees work, and who live within 75 miles of the covered employer.

Subject to the terms and conditions set forth in this policy, an eligible employee is entitled to a Family or Medical Leave of Absence:

• For the birth of a son or daughter of the employee and to care for the newborn child;
• For placement of a son or daughter with the employee for adoption or foster care;
• To care for the employee’s spouse, son, daughter, or parent who has a Serious Health Condition (defined below); and
• Which makes the employee unable to perform the functions of the job.

Coordination with Workers’ Compensation

If you miss time due to a workers’ compensation claims, you may also be eligible for FMLA for up to twelve (12) weeks for the time you miss due to injury. If the doctor places you on limited alternative duty (light duty), you may request an unpaid family leave until your doctor releases you for full duty. While you are on unpaid family leave, your workers’ compensation disability benefits will end because you were released to work in a limited capacity and chose not to return.

Our family leave will automatically end when your doctor releases you for full duty. If you do not report for work, you will be terminated.

While you are on family leave, you must continue making any contributions toward your benefits or the coverage will terminate.

Eligibility

To be eligible for a Medical Leave of Absence under this policy, an employee must meet the following requirements:

• Front Range Roofing LLC must have employed the employee for a period of at least 12 months prior to the date on which any Family or Medical Leave is to commence, and
• The employee must have worked for at least 1,250 hours during the 12-month period immediately prior to the date on which any Family or Medical Leave is to commence.

Family Leave of Absence

Upon notice and application to his or her supervisor, a Family or Medical Leave of Absence shall be granted to an eligible employee for the following reasons:

• For the birth of a son or daughter of the employee and to care for the newborn child;
• For placement of a son or daughter with the employee for adoption or foster care;
• To care for the employee’s spouse, son, daughter, or parent who has a Serious Health Condition.

A "Serious Health Condition" means an illness, injury impairment, or physical or mental condition involving one of the following:

Hospital Care:

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

Absence Plus Treatment:

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition, which also involves:

Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Pregnancy:

Any period of incapacity due to pregnancy or for prenatal care.

Chronic Conditions Requiring Treatments

A chronic condition which:

• Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
• Continues over an extended period (including recurring episodes of a single underlying condition); and
• May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

Permanent/Long-Term Conditions Requiring Supervision:

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

Multiple Treatments (Non-Chronic Conditions):

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition which would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

Requesting and Granting a Family Medical Leave of Absence

There is a specific procedure you must follow to request a Family or Medical Leave. If you are unable to work due to a serious health condition, you should submit an application to your supervisor, manager or to Human Resources, including medical certification and/or other information verifying your eligibility.

Leave forms are available and, where foreseeable, should be given 30 days prior to the beginning of the requested leave, whatever the reason for the leave. In other situations, it must be given within a reasonable time, generally not more than one or two days after the need for leave becomes known to you.

Any Family or Medical Leave of Absence granted prior to the receipt of any required medical certification or other verifying information and documentation is conditional. If certification of verifying information and documentation is not provided to Front Range Roofing LLC after it is requested, the conditional need will be void; the leave will be denied, retroactive to its first day.

If a Family Leave is requested because it is necessary for the employee to care for his or her spouse, son, daughter, or parent who has a Serious Health Condition, the employee must submit a medical certification (on a provided form) within fifteen (15) days of the request for leave, unless it is not practical to do so. Second and third medical opinions may be requested, at Front Range Roofing LLC ’s expense, to further validate the employee’s certification.

A medical certification, based on reasonable medical certainty, must verify the employee is unable to perform the functions of the employee’s job or position because of a Serious Health Condition, or the employee’s parent, spouse, or child is affected by a Serious Health Condition and requires care by the employee. Such other medical information as Front Range Roofing LLC requests, and is permitted by law, may be required.

You must provide such information and documentation verifying entitlement to a Family or Medical Leave for the birth/care or placement of a son or daughter, as Front Range Roofing LLC may request.

The duration of each Family or Medical Leave of Absence and any renewals thereof shall be specifically stated in the request and in the granting of the leave.

General Family and Medical Leave Provisions

The maximum total amount of time available to an eligible employee for Family or Medical Leave of Absence is twelve (12) workweeks during the rolling twelve (12) month period measured backward from the date leave is used. A workweek for purposes of this policy generally consists of five, eight-hour workdays. If an employee works a schedule which changes from week to week; however, the average amount of time worked per week over the twelve (12) week period just before the requested leave, will be used to determine the workweek.

An employee’s entitlement to a Family Leave for the birth or placement of a son or daughter ends twelve (12) months after the date of birth or placement. The maximum total amount of time available to both spouses for a Family Leave for the birth or placement of a child or for the care of a parent (but not a parent-in-law) with a Serious Health Condition is twelve (12) workweeks during a twelve (12) month period as defined above, if both are employed by Front Range Roofing LLC .

A Family or Medical Leave of Absence shall be without pay, unless the employee is entitled to pay during the absence under any applicable paid vacation, paid time off, maternity leave or other applicable leave policies. If eligible, any applicable paid vacation, paid time off, maternity leave or other applicable leave will run concurrently with any Family or Medical Leave. Eligibility for any such paid leave under these benefits shall be determined per the terms and conditions of the benefit policy. Time off, even though paid, shall be charged against the maximum amount of Family or Medical leave to which an employee is entitled. It also shall be charged against any entitlement under any applicable paid vacation, personal time off or other applicable leave.

A Family or Medical Leave by an employee affected by a Serious Health Condition, or by an employee to care for a spouse, child, or parent so affected, may be taken on an intermittent or reduced schedule where such schedule is medically necessary. Time off work on an intermittent or reduced leave schedule will be charged proportionally against an employee’s twelve (12) workweek entitlement as determined by Front Range Roofing LLC .

For intermittent leave or leave on a reduced schedule, to take care of a seriously ill family member or for the employee’s own Serious Health Condition, there must be a medical need for leave (as distinguished from voluntary treatments and procedures); can be accommodated through an intermittent or reduced leave schedule. Employees who require intermittent leave or leave on a reduced schedule must attempt to schedule the leave so as not to disrupt business operations. If the leave is required for medical treatment, the employee should consult with his or her supervisor and make a reasonable effort to schedule the leave, so as not to disrupt unduly the employer’s operation. When notice is given of the need for leave, the employee may be required to attempt to reschedule the treatment, subject to the ability and approval of the health care provider. In addition, an employee may be temporarily assigned to an alternative position with equivalent pay and benefits which accommodates his or her intermittent or reduced leave schedule. Intermittent leave or leave on a reduced schedule, requested because of a birth or placement of a son or daughter, shall be taken only upon Front Range Roofing LLC agreement.

Group medical insurance, where applicable, shall be continued in effect for any employee who is on an approved Family or Medical Leave pursuant of this Section. If the employee is on a paid leave, the employee contribution will be made in the same way as it would have been made had the employee been working. If the leave is unpaid, the employee must make arrangements prior to the first (1st) day of leave (when applicable) for their premium contribution amount to be paid directly to Front Range Roofing LLC . If the employee fails to return from unpaid Family or Medical Leave, unless the failure to return is because of a Serious Health Condition of the employee, spouse, child, or parent for whom he or she is caring and is supported by a proper medical certification, or other circumstances beyond the employee’s control Front Range Roofing LLC may recover only amounts owed by the employee to Front Range Roofing LLC or otherwise, the amount of any cost of obligation incurred by Front Range Roofing LLC to keep this insurance in effect. Front Range Roofing LLC also may recover the amount of the employee’s share of any premium paid by Front Range Roofing LLC to keep the employee’s medical insurance in effect. The amounts owed by an employee to Front Range Roofing LLC shall be deducted from amounts owed to the employee by Front Range Roofing LLC to the extent permitted by law.

An employee who has been on a Medical Leave of Absence, for their own serious health condition, shall provide a medical certification fitness for duty report indicating they can resume work at the time they return to work. An employee who does not provide this certification will not be permitted to return to work until such a certification is provided.

Front Range Roofing LLC reserves the right to refer an employee to a physician of its choice to obtain further information concerning a period of absence. It also may require employees to obtain subsequent medical recertification to support continuing Medical Leave and/or to report periodically on their status and intent to return to work.

There shall be no obligation on the part of Front Range Roofing LLC to provide work for an employee prior to the expiration of the employee’s leave of absence.

An employee who returns from a Medical Leave shall return to the position held at the beginning of the leave or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment, provided. However, an employee is not entitled to return to a position other than one they would have been entitled had the employee not taken the leave. An employee’s right to reinstatement, however, may be affected if he or she is determined to be a “key employee,” as defined by the Family and Medical Leave Act of 1993. Generally, an employee shall be notified of his or her “key employee” status at the time any Medical Leave is requested or when it commences, if earlier.

As with all other leaves of absence, failure of an employee to report for work at the time at which he or she is regularly scheduled to report at the termination of a Family or Medical Leave, or to secure an approved extension of leave in advance, may result in discipline up to and including termination of employment.

It is the purpose of this Family and Medical Leave of Absence Section to comply with the Family and Medical Leave Act of 1993. The interpretation of terms and resolution of disputes under this provision shall be governed by the law. Enforcement procedures include complaints to the Wage of Hour Division of the Department of Labor and civil actions in court. It is unlawful to discriminate against an employee because of the exercise of rights under the Family and Medical Leave of Absence Act.

Bereavement Leave of Absence

Front Range Roofing LLC recognizes the importance of family and the difficulties employees face following the loss of a loved one. For this reason, Front Range Roofing LLC may grant employees bereavement leave in accordance with following provisions.

If a member of an employee’s “immediate family” dies, the employee can take up to two (2) days (16 hours) paid bereavement leave. Immediate family means the employee’s parent, spouse, child, brother, sister, father-in-law, mother-in-law, grandparent or grandchild. Step-relatives and relatives by adoption are included on the same basis as blood relatives, as are registered domestic partners of an employee and the children and parents of registered partners.

Employees must notify their supervisors at the earliest possible time when requesting bereavement leave.

Employees can request their supervisor’s approval to use vacation leave or unpaid leave to attend the funerals of close friends of their family. Also, employees who need additional time off following the death of relatives may request unpaid leave from their supervisor, who will forward their request to Human Resources or management for consideration.

Jury or Witness Leave of Absence

All employees called for jury duty, trial or grand, shall be paid their regular wages up to the maximum of fifty dollars per day for a maximum of the first three days of the trial. You are expected to give prior notice, of at least seventy-two (72) hours concerning the need for jury/witness leave of absence to your supervisor. Further, while on jury/witness leave of absence, you may be required to be at your work site when your presence in court is not required.

Military Leave of Absence

We believe it is in our country’s best interest to encourage employee participation in National Guard and Reserve Military Units. A military leave of absence

will be granted to all employees who are absent from work because of service in the U. S. Uniformed Services in accordance with the Uniformed Services Employment and Reemployment Rights Act. Advance notice of military services is required, unless such notice is impossible or unreasonable. You may be required to provide satisfactory evidence of your actual performance of your Reserve Corps. or National Guard service.

Military leave will be considered unpaid time off. However, eligible employees may use any available paid time off for the absence.

Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided by Front Range Roofing LLC for the full term of the military leave of absence.

Vacation, paid personal leave and holiday benefits will not continue to accrue during a military leave of absence.

Every reasonable effort will be made to return eligible employees to their previous positions or a comparable one. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as the rate of vacation accrual and job seniority rights.

Personal Leave of Absence

All personal leaves of absences are granted at the sole discretion of Front Range Roofing LLC and are given without pay.

A leave of absence for personal reasons, if granted, shall be in writing. The duration of each such leave and any renewals thereof shall be specifically stated in the request and in the granting of the leave. During your personal leave of absence, you accrue no vacation, personal time off or other leave. Except as otherwise required by state law, you have no right to return to your former position or to a comparable position. However, Front Range Roofing LLC will try to return you to your former position or the first available comparable position where it is reasonably possible consistent with the company’s business needs. Should you refuse the offer of your former or a comparable position, you will be deemed to have voluntarily abandoned your job and your employment may be terminated.

Time Off to Vote

Employees are encouraged to participate in the election of government leaders. Generally, employees can find time to vote either before or after their regular work schedule. However, if an employee cannot find time to vote during non-working hours, Front Range Roofing LLC will grant up to two (2) hours of paid time off to vote. If this time off during regular work hours is necessary, you are required to request this time at least two (2) business days in advance.