Family and Medical Leave Act (FMLA) Policy

FMLA policy for employers with 50+ employees within a 75-mile radius. Covers eligibility, qualifying events, leave duration, certification requirements, and return-to-work protections.

Purpose

• This policy explains how the policy holder administers leave under the **Family and Medical Leave Act (FMLA)** and related state leave laws, while maintaining compliance with the **FMLA, 29 U.S.C. § 2601 et seq.**, and **29 C.F.R. Part 825**. It establishes eligibility, notice, certification, leave usage, benefits continuation, return-to-work protections, and anti-retaliation requirements.

Scope

• This policy applies to all U.S. employees of the policy holder, subject to FMLA coverage rules. **California employees:** this policy must be coordinated with applicable California leave laws, paid sick leave requirements, and any more protective state or local leave rights. **Other state or local leave laws** may provide additional rights beyond this policy; where required, the more protective rule will apply.

Eligibility and Qualifying Events

• An employee may be eligible for FMLA leave if they meet the statutory service, hours, and worksite coverage requirements. Qualifying reasons for leave include: 1. The employee's own serious health condition that makes them unable to perform an essential function of their position. 2. Care for a spouse, child, or parent with a serious health condition. 3. Birth of a child and bonding with the newborn child. 4. Placement of a child for adoption or foster care and bonding with the newly placed child. 5. Certain qualifying exigencies arising out of a spouse's, child's, or parent's covered military duty. 6. Care for a covered servicemember with a serious injury or illness, as permitted under the FMLA. The policy holder may request sufficient information to determine whether a leave request qualifies under the FMLA and may require supporting documentation consistent with applicable law.

Leave Duration, Notice, and Certification

• Eligible employees may take up to **12 workweeks of unpaid FMLA leave in a 12-month period** for qualifying reasons, except where military caregiver leave applies under the FMLA. Leave may be taken intermittently or on a reduced schedule when medically necessary or otherwise permitted by law. Employees must provide notice of the need for leave as soon as practicable. When the need for leave is foreseeable, employees should provide at least 30 days' advance notice when possible. The policy holder may require timely and complete certification from a health care provider or other appropriate documentation permitted by law. If certification is incomplete or insufficient, the policy holder will provide the employee an opportunity to cure the deficiency within the time allowed by law. Employees must cooperate in good faith with leave administration, including responding to requests for recertification where permitted by law.

Pay, Benefits, and Substitution of Leave

• FMLA leave is generally unpaid. Employees may be required or permitted to substitute accrued paid leave, such as PTO, sick leave, or vacation, consistent with company policy and applicable law. During approved FMLA leave, the policy holder will maintain group health benefits on the same terms as if the employee had continued working, subject to employee premium contribution obligations and lawful exceptions. Other benefits may be impacted according to plan terms and applicable law.

Return to Work and Job Restoration

• Upon timely return from approved FMLA leave, an employee will generally be restored to the same position held before leave or to an equivalent position with equivalent pay, benefits, and terms and conditions of employment, as required by the FMLA. The policy holder may require a fitness-for-duty certification when permitted by law and when the requirement is job-related and consistent with business necessity. If the employee has a continuing medical limitation, the policy holder will engage in the ADA interactive process to determine whether a reasonable accommodation is available for any remaining work restrictions affecting an essential function.

Responsibilities

• **Employees** must promptly notify the policy holder of a need for leave, provide requested certification, keep contact information current, and communicate expected return dates. **Managers** must forward leave requests to HR immediately and must not discourage, interfere with, or retaliate against employees for requesting or taking protected leave. **HR / Leave Administration** is responsible for determining eligibility, issuing notices, tracking leave usage, maintaining records, and coordinating FMLA with other leave and benefit programs. **Policy holder leadership** must ensure good-faith administration and consistent application of this policy.

Compliance, Misuse, and Non-Retaliation

• The policy holder prohibits interference with, restraint of, or denial of FMLA rights, as well as retaliation for requesting or using protected leave. Misrepresentation, falsification of leave-related documentation, or misuse of leave may result in documented warning, PIP, or other discipline up to and including termination, consistent with applicable law and due process requirements. Any discipline must be applied in a non-discriminatory manner consistent with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other applicable laws.

Review and Revision

• This policy will be reviewed at least annually and updated as needed to reflect changes in the FMLA, U.S. Department of Labor regulations, state or local leave laws, and related employment law requirements.