Family and Medical Leave/California Family Rights Act

Benefits and Protections

Mains’l provides eligible employees up to 12 weeks of unpaid family and medical leave annually in accordance with the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). FMLA/CFRA may be taken for any of the following purposes:

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; or
4. For a serious health condition that makes the employee unable to perform the employee’s job;
5. Military Family Leave for certain qualifying circumstances. 26 weeks of leave may be granted to care for a covered service member during a single 12-month period.

Following the approved leave, Mains’l returns the employee to the same or equivalent position with equivalent benefits, pay and conditions of employment.

During FMLA/CFRA leave, Mains’l will maintain the employee’s insurance benefits on the same terms as if the employee had continued to work. The employee portion of the insurance premiums must continue to be paid by the employee, or reimbursed by the employee upon their return to work. We request that employees who are currently enrolled in any benefits through Mains’l partner with Human Resources to formulate a plan for the employee’s portion of insurance premiums to be covered while out or when they return from leave.

The obligation of Mains’l to maintain insurance benefits during FMLA/CFRA leave stop if/when:

• the employment relationship would have ended if the employee had not taken FMLA/CFRA (position eliminated due to a lay off);
• the employee informs Mains’l of his/her intent not to return from leave;
• the employee fails to return from leave.

Eligibility

 Employees are eligible for FMLA/CFRA leave if they have:

• worked for Mains’l for at least one year, and;
• worked at least 1,250 hours over the previous 12 months.

*If an employee does not meet the eligibility requirements and has a medical condition that requires them to be off of work for more than three days, please call Human Resources.

An eligible employee is entitled to take up to 12 weeks of leave in a 12-month period. An employee’s 12 month leave period is a “rolling” 12 month period measured backward from the date an employee uses any FMLA/CFRA leave. Each time an employee takes FMLA/CFRA leave, the remaining leave entitlement is any balance of the 12 weeks which has not been used during the immediately preceding 12 months.

Employee Responsibilities

Mains’l expects employees provide 30 days advance notice of the need to take FMLA/CFRA leave when the need is foreseeable. Employees submit the Request for Leave of Absence Form to their supervisor as soon as possible. When 30 days notice is not possible, it is expected that the employee provide notice as soon as practicable and comply with Mains’l normal call-in procedures.

Employees need to provide sufficient information for Mains’l to determine if the leave may qualify for FMLA/CFRA protection and the anticipated timing and duration of the leave. Employees need to inform the employer 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 certification supporting the need for leave or may be required to provide a fitness-for-duty certification prior to returning to work.

Mains’l may delay or deny leave if employee fails to provide certification in a timely manner. If employee fails to provide certification, any leave taken will not be protected under FMLA.

If an employee fails to return to work on the agreed upon return date, Mains’l will assume that the employee has resigned.                                                                                                                           

Mains’l Responsibilities

Mains’l will inform employees requesting leave whether they are eligible under FMLA/CFRA and the amount of leave counted against the employee’s leave entitlement. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, Mains’l will provide a reason for the ineligibility.

 Supervisors are responsible for contacting human resources as soon as possible if an employee:

• requests leave;
• requests a change in their leave status;
• requests to return to work.

Human Resources is responsible for approving/denying FMLA, sending required notices and following up with employees and supervisors and interpreting this policy.

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 3 consecutive calendar days combined with a 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.

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 arrangement, 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. A covered service member is: (1) a current member of the Armed Forces, including a member for 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*.

*The FMLA/CFRA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA/CFRA definition of “serious health condition”.

Use of Leave

FMLA/CFRA Leave can be taken in one block, intermittently or on a reduced leave schedule based on the employee’s healthcare provider’s statement or other certification. Employees are required to make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt operations.

Use of Paid Time Off and/or Sick Leave and other approved leaves

An employee who is taking FMLA/CFRA may use sick leave, accrued PTO, unpaid leave or a combination of all. See Paid Time Off Policy for additional information. Any period of leave during which an employee received workers’ compensation benefits will be counted toward the employee’s entitlement to family and medical leave, provided the leave is due to the employee’s serious health condition as defined in this policy. Any period of parental leave or other leave under state law will count toward the employee’s FMLA/CFRA entitlement.