TROOST FMLA POLICY

Family and Medical Leave Policy (FMLA) (Effective __1_/_18 /2022)

Definition and Purpose

A family or medical leave of absence (“FMLA leave”) is an approved absence available to eligible employees for up to 12 weeks of unpaid leave during a rolling 12-month period. 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 with a serious injury or illness during a single 12-month period. To determine the amount of FMLA leave to which an eligible employee is entitled, the 12-month period is measured backward from the date that the employee uses any FMLA leave. In other words, any FMLA leave that was taken by the employee during the 12 months preceding the date that the employee takes additional FMLA leave will be counted to determine the amount of FMLA leave remaining.

Basic Eligibility Requirements

Employees are eligible if they have worked for Troost Cemeteries, Inc. (“Troost”) for at least one year, worked 1,250 hours over the 12 months preceding the start of the leave, and if they work at a worksite where there are at least 50 employees within 75 miles.

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid job-protected leave to the eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth;

• To care for the employee’s child after birth, or placement for adoption or foster care;

• To care for the employee’s spouse, son or daughter, or parent who has a serious health condition; and

• For a serious health condition that makes the employee unable to perform the employee’s job.

Definition of a 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.

Military Family Leave Entitlement

Eligible employees with a spouse, son, daughter or parent who is on covered active duty or has been notified of an impending call or order to covered active duty may use their 12-week leave entitlement to address certain qualifying exigencies arising out of the active duty or call to active duty. Qualifying exigencies may include attending certain military events, arranging for alternative child care, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement, known as Military Caregiver Leave, that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. (Note that the FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.”)

Benefits and Protections

During FMLA leave, Troost will maintain an employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Use of Leave

An employee does not need to use FMLA leave in one continuous block of time. Leave can be taken intermittently or on a reduced leave schedule when medically necessary for a serious health condition of the employee or his/her spouse, child or parent, or for the serious illness or injury of a covered servicemember. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leaves due to qualifying exigencies may also be taken on a reduced schedule or intermittent basis when necessary.

Leave to care for an employee’s child after the birth or placement of a child for adoption or foster care must be concluded within the 12 month period of the birth or placement and must be taken in one continuous block. Intermittent and reduced schedule leave may not be taken to care for a new child.

Substitution of Paid Leave for Unpaid Leave

Troost requires employees to use accrued paid leave, while taking FMLA leave. In other words, if an employee is entitled to both unpaid FMLA leave and paid leave under another benefit plan or policy (paid vacation time or sick time), the employee will be required to use all applicable paid leave plan or policies before unpaid leave, and the FMLA leave and paid leave will run concurrently. In order to use paid leave for FMLA leave, employees must comply with Troost’s normal paid leave policies.

Employee Responsibilities and Conditions of Leave

Request for Leave. An employee requesting a foreseeable leave under this Policy must complete an Application for Family and Medical Leave, which may be obtained from the HR Manager. The completed application must state the reason for the leave, the duration of the leave, and the anticipated starting and ending dates of the leave.

Notification and Reporting Requirements. Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need for leave is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with Troost’s normal call-in procedures. If an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee should provide notice of the need for leave either the same day or the next business day. When the need for leave is unforeseeable, employees are required to inform Troost of the need for leave as soon as practicable. Eligible employees may be required to report periodically on their status and their intention to return to work.

Employees must provide sufficient information for Troost 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 Troost if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Certification. Troost requires medical certification, which is complete and sufficient, to support an application for leave for an employee’s own serious health condition and to care for a child, spouse or parent with a serious health condition, or for leave to care for a covered servicemember with a serious illness or injury. Completed certifications must be provided to the HR Manager within 15 days of the request for leave. Failure to provide timely certifications may result in the denial of a request for FMLA leave. Troost may require a second medical opinion at its expense. If the first and second opinions differ, Troost may require the binding opinion of a third health care provider, approved jointly by Troost and the employee and paid for by Troost.

Troost also requires that the employee submit a complete and sufficient certification for a leave due to a qualifying military exigency. The first time that the employee requests leave for a qualifying exigency in connection with a particular covered military member, the employee must also submit a copy of the covered military member’s active duty orders or other documentation issued by the military indicating that the covered military member is on active duty or call to active duty status in support of a contingency operation and the dates of the covered military member’s status. If any FMLA certification is deficient, Troost will provide the employee with written notice of the deficiencies. The employee will have seven calendar days to cure the deficiency. If an employee fails to provide Troost with a complete and sufficient certification (despite the seven-day period to cure the deficiency) or fails to provide any certification at all, the request for FMLA leave may be denied.

When appropriate, Troost will automatically send eligible employees who are absent for three or more consecutive, full calendar days medical certification forms to be completed if necessary. Troost may automatically place an employee on FMLA leave if Troost has reason to know that the employee’s absence is due to a FMLA-qualifying reason based on information received from the employee or the employee’s spokesperson. (For example, the employee undergoes emergency surgery or suffers a work-related injury that results in a serious health condition).

Intermittent or Reduced Leave. If the need for FMLA leave is foreseeable and is requested on an intermittent or reduced schedule basis, Troost may require the employee to transfer temporarily to a part-time schedule or an alternative position that better accommodates recurring absences. The alternative position will have equivalent pay and benefits. For certification for intermittent leave or leave on a reduced-leave schedule for planned medical treatment, the certificate must state the dates on which such treatment is expected to be given, the duration of the treatment, and any periods of recovery. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt Troost’s operations.

Limitations on Leave for Spouses.

1. Spouses who are eligible for FMLA leave and are both employed by Troost are entitled to a joint total of 12 weeks of leave (rather than 12 weeks each) for: (1) the birth of the employee’s son or daughter or to care for the child after birth, (2) for the placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement, or (3) to care for the employee’s parent with a serious health condition.

2. Spouses who are eligible for FMLA leave and are both employed by Troost are limited to a combined total of 26 weeks of leave during a single 12-month period for Military Caregiver Leave or for Military Caregiver Leave and one or more of the following: (1) birth of the employee’s son or daughter or to care for the child after birth, (2) for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement, or (3) to care for the employee’s parent with a serious health condition.

For any other qualifying FMLA reason, each spouse will be entitled to the full leave allotment, or that portion of leave remaining for the particular employee in the relevant 12-month period.

Status of Employee Benefits During Leave of Absence

Health Insurance. Group health care coverage will continue for employees on leave as if they were still working. Employees who are granted an approved leave of absence under this Policy are advised to arrange to pay their share of premiums during the absence with the HR Manager. All premiums must be submitted either: (1) before the employee takes the leave; (2) on the normal payroll date; or (3) according to any other arrangement voluntarily agreed to by Troost and the employee. If an employee fails to make timely payments of his/her share of the premiums (i.e. the premium is more than 30 days late), the employee’s health insurance coverage may terminate.

Recovery of Premiums. If an employee chooses not to return to work, or does not stay at work for at least 30 days upon return after an approved FMLA leave (for reasons other than retirement), Troost may recover from the employee the cost of any payments made to maintain the employee’s health insurance, unless the failure to return is because of a serious health condition of the employee, employee’s spouse, child or parent, or a serious illness or injury of a covered servicemember, or other reasons beyond the employee’s control. Benefit entitlements based on length of service will be calculated as of the last paid work day before the start of the unpaid absence.

Return to Work

Restoration to Employment. An employee eligible for FMLA leave—with the exception of those employees designated as “key employees”—will be restored to his/her old position or to a position with equivalent pay, benefits, and other terms and conditions of employment. However, it should be noted that an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.

Return from Leave. An employee must notify Troost in writing of his/her intention to return from FMLA leave, before he or she can be returned to active status. If an employee wishes to return to work prior to the expiration of an FMLA leave, notification must be given to the employee’s supervisor at least two working days prior to the employee’s planned return. For those employees who took FMLA leave for their own serious health condition, Troost requires the employee to obtain a certification from his/her healthcare provider stating that he or she is able to resume working. In other words, Troost may require certification of an employee’s fitness to return to work as a condition of restoration of his/her employment.

Failure to Return from Leave. Failure of an employee to return to work upon expiration of an FMLA leave will result in discharge unless providing additional leave would constitute a reasonable accommodation under the Americans with Disabilities Act.

Minimum Disruption of Troost’s Operations

Employees are required to schedule FMLA leaves involving planned medical treatments, including intermittent and reduced schedule leaves, so that they will cause the least disruption to Troost’s operations. Giving Troost sufficient notice and being flexible in scheduling will help assure that minimal disruption occurs.

Employer Responsibilities

Troost will inform employees requesting FMLA leave whether or not they are eligible. If the employee is eligible for FMLA leave, the notice will specify any additional information required from the employee, as well as the employee’s rights and responsibilities. If the employee is not eligible for FMLA leave, Troost will provide the reason for the ineligibility.

Troost will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If Troost determines that the leave is not FMLA-protected, Troost will notify the employee.

Unlawful Acts of Employers

FMLA makes it unlawful for any employer to:

·   Interfere with, restrain, or deny the exercise of any right provided under FMLA; and 

·   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.

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. 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.

FMLA Section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

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I hereby acknowledge that I have read and understand the information provided in the Troost FMLA Policy.