Family And Medical Leave Act Policy

Information about FMLA Leave

For more information regarding employee rights under the FMLA, employees may also refer to the U.S. Department of Labor’s Notice to Employees of Rights Under FMLA.

 

Leave Requests/Return to Work/Extensions

Employees requesting leave must initiate their leave of absence with third party New York Life.  Please see first attachment below for more details.  Employees returning from a medical leave of absence must provide a Return to Work Certification Form (or note) from their healthcare provider releasing them back to work with or without restrictions.  This form (or note) must be provided to both the local and Corporate HR Team and not New York Life.

Employee LOA FAQs SDL!

FMLA Return To Work Certification

Requests for foreseeable leaves must be submitted no fewer than 30 days before the requested leave is to begin (or in the case of Active Duty Leave, as soon as practicable regardless how far in advance the leave is foreseeable). For unforeseeable leaves, or when 30 days’ advance notice is not possible for a foreseeable leave, the process must be completed as soon as practicable after learning of the need for leave, and in most cases employees must also comply with the Company’s normal call-in procedures. If the leave is for planned medical treatment (whether for the employee or covered family member), employees must consult with the Company in advance and make a reasonable effort to schedule the treatment so as to avoid any undue burden on the Company or disruption to the business. Failure to provide proper notice in accordance with this provision may result in the delay or denial of FMLA leave.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Eligible employees are employees with at least 12-months cumulative service with the Company who have worked at least 1,250 hours during the preceding 12 months and who work at a site with at least 50 employees employed within a 75-mile radius of the work site.

Under the Family and Medical Leave Act of 1993, as amended (FMLA), eligible employees may be granted up to a total of 12 weeks of unpaid leave in a 12-month rolling-backward period per 12-month period as determined below for any of the following reasons:

• the birth of the employee’s child and to care for the newborn child;
• placement with the employee of a child for adoption or foster care;
• care for the employee’s parent (in-laws not included), spouse, or child (under age 18, or age 18 or older and incapable of self-care because of a certified disability) (a “Family Member”) with a serious health condition;
• serious health condition that renders the employee unable to perform the job; or
• any qualifying exigency (“Qualifying Exigency”) arising from the fact that the employee’s Family Member is on, or has been notified of an impending call to, active duty status in the National Guard or Reserves (or as a retired member of the regular Armed Forces or Reserves) in support of a contingency operation (“Active Duty Leave”). The following reasons may constitute Qualifying Exigencies: short notice deployment; attendance at certain military programs related to active duty assignment; change in childcare obligations due to active duty assignment; attendance at appointments related to financial or legal planning as a result of active duty assignment; attendance at counseling sessions that are needed as a result of an active duty assignment; short-term temporary rest and recuperation leave of a Family Member during a time of deployment; attendance at certain other post-deployment activities; and other activities as agreed by the Company and employee.

Additionally, under the FMLA, eligible employees may be granted up to a total of 26 weeks of unpaid leave during a single 12-month period to care for a Covered Servicemember (“Servicemember Family Leave”), although leave of this kind, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period. A “Covered Servicemember” is a spouse, child, parent (in-laws not included), or next of kin (nearest blood relative) who is a current member of the Armed Forces (including the National Guard or Reserves) and has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness renders the Covered Servicemember medically unfit to perform the duties of his or her office, grade, rank or rating and for which he or she is undergoing medical treatment, recuperation or therapy, or the Covered Servicemember is in outpatient status, or is on the temporary disability retired list.

Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection, and the anticipated timing and duration of the leave. Employees must also inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.

Employees who fail to return to work upon the expiration of any approved period of FMLA leave will be subject to termination. Employees who are unable to return at such time due to the continuation of the circumstances that necessitated the approved FMLA leave or the onset of other FMLA qualifying circumstances must request an extension of the FMLA leave as soon as the need for the extension is known, but in no event later than the expiration of the approved leave period. Employees who have exhausted all FMLA leave entitlement are not entitled to an extension unless otherwise required by applicable law.

At the Company’s request, employees requesting leave because of their own serious health condition or that of a Family Member or Covered Servicemember must provide medical certification or recertification from an appropriate health-care provider.  Employees must contact Corporate Human Resources to obtain certification forms.

Employees are responsible for paying for any certification or recertification. The Company, at its own cost, may require a second or third opinion in the case of employee’s own health condition or that of a Family Member. At the Company’s request, before returning to work after an FMLA leave for their own serious health condition, employees must provide a physician’s statement certifying their ability to return to work and perform the essential functions of their job. Failure to provide timely or complete certifications may result in denial of leave or return to work.

At the Company’s request, employees requesting Active Duty Leave must, if applicable, provide a certification of the Family Member’s duty or call to duty, including a copy of the active duty orders or other military issued documentation.

At the Company’s request, employees on FMLA leave will be required to report periodically, as directed, on their status and intention to return to work. Failure to report, as directed, may result in discontinuation of leave approval, denial of return to work or other disciplinary action, including termination.

Intermittent or Reduced Leave

Intermittent leave (leave taken in separate blocks of time) or reduced schedule leave (leave taken on a part-time basis) may be taken when medically necessary or in the case of Active Duty Leave or Servicemember Family Leave. At the Company’s request, employees must provide medical certification stating that intermittent or reduced schedule leave is medically necessary, the expected duration of the leave and, if the leave is necessary for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment.

Employees must make a reasonable effort to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations. Employees taking such leave for planned medical treatment (whether their own or Family Member’s) may be required to transfer temporarily to an alternative position with equivalent pay and benefits for the duration of the leave.

Newborn, Adoption, and Foster Care Leave

This leave must be completed within one year of the child’s birth or placement and may not be taken on an intermittent or reduced schedule.

Spouse’s Combined Leave

Employees who are married to one another are limited to a combined total of 12 weeks of leave during the 12-month period if the leave is taken for: (1) birth of employee’s child or to care for the newborn child; (2) placement with the employee of a child for adoption or foster care; or (3) care of the employee’s parent with a serious health condition.

Employees who are married to one another are limited to a combined total of 26 weeks of leave during the single 12-month period during which Servicemember Family Leave may be taken if either Servicemember Family Leave or a combination of Servicemember Family Leave and FMLA leave for the birth, adoption or foster placement of a child or care for the child after birth or placement, or care of the employee’s parent with a serious health condition, is taken. If the leave taken by the husband and wife includes FMLA leave other than Servicemember Family Leave, the 12-week limitation described above will apply to that non-Servicemember Family Leave.

12-Month Period

For the purposes of determining available FMLA leave for reasons other than Servicemember Family Leave, the 12-month period during which employees may be eligible for FMLA leave will be defined as a 12-month rolling-backward period. For purposes of Servicemember Family Leave, the single 12-month period during which Servicemember Family Leave may be taken begins on the first day the eligible employee takes such leave to care for a Covered Servicemember and ends 12 months after that date.

For the purposes of determining available Servicemember Family Leave, the 12-month period during which employees may be eligible for Servicemember Family Leave will be calculated on a 12-month period measured forward from the date the employees’ leave to care for the Covered Servicemember begins.

Substitution of Paid Leave

The Company will substitute, and employees are required to use, employees’ accrued paid leave (including sick leave, vacation leave, or other paid time off) for any, part or all of the unpaid FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the Company’s normal paid leave policies.

Benefits Continuation

During leave, employees may continue health-care coverage under the group health plan. Employees must pay the premium at the same time as it would be made if paid by payroll deduction (i.e., per applicable pay period) or, if the employee elects, the premiums may be paid in advance. During the leave, the same terms and conditions would apply had the employee not taken the leave. Failure of the employee to pay his or her share of the premiums may result in loss of coverage.

Employees must reimburse the Company for its payment of any benefits premiums during leave as follows: employees will be required to reimburse the Company for any payments made by the Company toward the employee’s share of benefit costs during the leave. Any amounts paid by the Company toward the employee’s share of employee benefit costs during leave will be treated as an advance in wages with reimbursement to the Company made through payroll deduction or vacation pay deduction or forfeiture and, to the extent necessary to achieve full reimbursement, any other available means. Employees will not accrue sick or vacation leave or other employee benefits during the leave.

Reinstatement

Under most circumstances, employees who return to work immediately after the expiration of this leave and who do not exceed the amount of leave permitted under the FMLA will be reinstated to either the same or an equivalent job, with equivalent pay and benefits. Certain highly compensated employees may be denied reinstatement.

Military Leave Of Absence

Contact the Corporate Human Resources Department or your Regional HR Director whenever you receive a request from an employee for a military leave of absence.

Sodexo Live! grants unpaid military leaves of absence to full-time employees who receive official documents requiring them to report to active duty in the United States armed services. Any employee who is called to active duty must make a reasonable effort to notify you 15 days before leaving. The employee must complete and sign a Military Leave of Absence Request Form and provide you with the orders from the U.S. government certifying the call to active duty. Once you receive the completed Military Leave of Absence Request Form, you should then update the employee in HCM to a Leave – Military status and send the completed form to the Corporate Human Resources Department, which is responsible for approving the leave request.

Employees on military leave are entitled to various benefits under federal and state law. The Corporate Human Resources Department should always be consulted regarding these benefits.

Other Leaves Of Absence

If an employee requests a leave of absence that is not otherwise covered under Time Off – Family and Medical Leave Act and Military Leave of Absence:

A leave request must be initiated with New York Life at least thirty days in advance of the date on which the employee would like the leave to begin or, in emergency situations, with as much advance notice as is practicable, using Sodexo Live’s Leave of Absence Request Form. If the need for leave is due to a medical condition that does not qualify for FMLA leave, the employee must provide a Certificate of Healthcare Provider to New York Life.

Typically, a non-FMLA leave of absence shall be granted for up to 30 days.  In most cases, a non-FMLA leave of absence would be considered a “personal” leave of absence. However, this is not guaranteed and GM’s/Manager’s should speak with Corporate Human Resources in the event they cannot accommodate a 30 day “personal” leave of absence.

Unless applicable state or local law requires otherwise, reinstatement will not be guaranteed to any employee requesting a leave under this policy. However, Sodexo Live! may endeavor to place employees returning from leave in their former position or a position comparable in status and pay, subject to budgetary restrictions and Sodexo Live’s need to fill vacancies its ability to find qualified temporary replacements.