This policy outlines the guidelines for eligible employees to take unpaid leave under the Family and Medical Leave Act (FMLA) for certain family and medical reasons. ESHYFT is committed to providing its employees with a supportive work environment and ensuring that they can balance their work and family responsibilities.
Who does this apply to?
This policy applies to all full-time and part-time employees who have worked for ESHYFT for at least 12 months and have completed at least 1,250 hours of service in the previous 12 months.
What are the eligibility requirements?
Employees are eligible for FMLA leave if they meet the following criteria:
Worked for ESHYFT for at least 12 months.
Have completed at least 1,250 hours of service in the previous 12 months.
Are unable to perform their job due to a serious health condition or a qualifying exigency related to a spouse, child, or parent's military service.
Need to care for a family member with a serious health condition or a covered military member.
Types of leave offered
The following types of leave are covered under FMLA:
Maternity and paternity leave
Adoption leave
Sick leave for the employee's own serious health condition
Military caregiver leave
Qualifying exigency related to a spouse, child, or parent's military
Notice Requirements
Employees must provide at least 30 days advance notice for foreseeable FMLA leave, such as a planned medical treatment or the birth or adoption of a child. For unseeable leave, such as a sudden illness or injury, employees must provide as much notice as possible, ideally within one business day. Employees must also provide documentation to support their request for FMLA leave, including a certification from a healthcare provider.
Job Restoration
Employees who take FMLA leave are entitled to be restored to their previous position or equivalent position upon return from leave, provided they have been released by their healthcare provider to return to work.
Dispute Resolution
Any disputes or grievances related to FMLA leave will be resolved through a process established by ESHYFT's HR department. The process will include an opportunity for the employee to provide evidence and arguments, followed by a decision by the HR manager. If necessary, the dispute may be escalated to the employee relations committee for further review and resolution.
Confidentiality
All information related to FMLA leave, including medical records and personal information, will be kept confidential to the extent possible. Only authorized personnel with a legitimate need to know will have access to this information.
Leave Entitlement
Eligible employees are entitled to up to 12 weeks of unpaid leave in a 12-month period for one or more of the following reasons:
The birth and care of a newborn child (maternity and paternity leave)
The placement of a child for adoption or foster care
The serious health condition of the employee or an immediate family member
Qualifying exigency related to a spouse, child, or parent's military service
Military caregiver leave to care for a covered family member with a serious injury or illness incurred in the line of duty on active duty
Health and safety concerns related to domestic violence, sexual assault, or stalking
The 12-month period begins on the first day of the employee's first FMLA leave and ends 12 months later.
Employees may take FMLA leave intermittently or as a reduced schedule, subject to the approval of the HR manager.
Employees must provide at least 30 days advance notice for foreseeable FMLA leave, such as planned medical treatment or the birth or adoption of a child. For unforeseeable leave, such as a sudden illness or injury, employees must provide as much notice as possible, ideally within one business day.
Employees must also provide documentation to support their request for FMLA leave, including a certification from a healthcare provider.
ESHYFT reserves the right to require a second opinion from a healthcare provider at the company's expense, if necessary.
If an employee takes FMLA leave for a reason that is not covered by FMLA, such as a vacation or personal time off, the leave will be considered unauthorized and may result in disciplinary action.
Employees, who are taking FMLA leave, may be required to report periodically to the HR department regarding their status and expected return date.
Any employee who violates the terms of this policy or misuses FMLA leave may be subject to disciplinary action, up to and including termination of employment.
This policy complies with federal regulations and applies to all eligible employees, regardless of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under applicable law.
Responsibilities
The HR department is responsible for administering this policy, including processing requests, providing notices, maintaining records, and resolving disputes.
Managers and supervisors are responsible for ensuring employees understand their rights and responsibilities under FMLA and this policy.
Employees are responsible for providing timely notice of their need for FMLA leave and for following the procedures outlined in this policy.
All employees are prohibited from interfering with an employee's exercise of FMLA rights, retaliating against an employee for exercising FMLA rights, or discriminating against an employee based on their use of FMLA leave.
The HR manager will review and update this policy annually to ensure it remains current and effective.
Any employee who believes they have been denied FMLA leave or otherwise has a concern related to this policy should contact the HR department promptly.
ESHYFT reserves the right to modify this policy at any time.
Employees have the option to take FMLA leave intermittently or opt for a reduced schedule. However, such requests are subject to the approval of our HR manager to ensure minimal disruption to business operations.