Leaves of Absence Policy

Published / January 20, 2015 / Effective Date / January 20, 2015
Revision # / One (1)
  1. Purpose

The purpose of this policy is to establish the company’s leave of absence programs. This policy is designed to ensure that leaves of absence are granted on a non-discriminatory and equitable basis to all eligible associates.

  1. Scope & Applicability

This policy applies to all US-based associates of CDS, SAS, and Interactions, including the EMI, OTO, and Specialized Services divisions. It also applies to associates based in the Commonwealth of Puerto Rico.

  1. Policy Statement

Leaves of absence will be administered in a manner that conforms to all applicable federal and state leave laws. Where a conflict between this policy and a law exist, and to the extent this policy does not addresscertain provisions of the law, the applicable law will apply and take precedence. Any associate who feels that their leave of absence request has not been handled properly should contact their supervisor, an individual in their management chain, or their human resources (HR) partner,or report their concern anonymously to the Speak Up Line via email at or by phone at (800) 598-2497 x7687.

  1. Family and Medical Leave Act (FMLA)
  2. FMLA Leave Provisions

The FMLApermits eligible associates to take up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness)of job-protected,unpaid leave in a rolling 12-month period.

To be eligible for FMLA leave, an associate must work for the company for at least 12 months; have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and work at a location where at least 50 associates are employed at the location or within 75 miles of the location.

The company will measure the 12-month period as a rolling 12-month period measured backward from the date an associate uses any leave under this policy. Each time an associate takes leave, the company will compute the amount of leave the associate has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the associate is entitled to take at that time.

3.1.2Qualifying for FMLA Leave

FMLA applies to associates who would like to take time off for any of the following reasons:

  • The birth of a child and to care for the newborn child within one (1) year of birth;
  • The placement with the associate of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement;
  • To care for the associate’s spouse, child, or parent who has a serious health condition;
  • A serious health condition that makes the associate unable to perform the essential functions of his or her job;
  • Any qualifying exigency arising out of the fact that the associate’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • To care for a covered servicemember with a serious injury or illness if the eligible associate is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave). Military caregiver leave may be taken up to 26 workweeks during a rolling 12-month period.

The term “serious health condition” means:

  • Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
  • A period of incapacity requiring absence of more than three (3) calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
  • Any period of incapacity due to a work-related injury; or
  • Any period of incapacity due to pregnancy or for prenatal care; or
  • Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
  • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's disease, stroke, terminal diseases, etc.); or,
  • Any absences to receive multiple treatments (including any period of recovery from the treatment) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three (3) consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

Any leave taken pursuant to this policy, other company policies, or law which qualifies as leave under the FMLA or state law, will be counted against the associate’s available leave under the applicable company policies and law, as well as the available leave under the FMLA and state law.

  1. FMLA Leave Requests

If the need for FMLA leave is foreseeable, associates must provide their supervisor with at least 30 days advance notice.When the need for leave is not foreseeable, associates are expected to notify their supervisor as soon as practicable("as soon as practicable" generally means at least verbal notice to the company within one (1) or two (2) business days of learning of the need to take FMLA leave).Failure to provide such notice may be grounds for delaying FMLA leave. After informing an individual in the associate’s management chain about the need for FMLA leave, an associate should submit a request for leave through the company’s Benefits Department or Workday. The request must include the anticipated date(s) and duration of the requested leave.

If FMLA leave is requested because of the associate’s or a covered family member’s serious health condition, the associate and the relevant health care provider must supply appropriate medical certification supporting the need for FMLA leave.The medical certification must be provided to yourHR partner prior to the commencement of the leave or within 15 days after it is requested.Certification forms can be obtained from the associate’s HR partner or Benefits Department.Failure to provide approved medical certification in a timely manner may result in denial of leave until such certification is provided.

Under certain circumstances, the company, at its expense, may require a second and third medical opinion to confirm the associate’s need for leave under the FMLA. The company also may require medical recertification periodically during the leave in accordance with applicable laws and regulations.As a condition of returning to work following FMLA leave for an associate’s own serious health condition, the associate will be required to submit a health care provider’s statement verifying his or her ability to return to work.

  1. Benefit Coverage DuringFMLA Leave

The associate’s health benefit coverage, if he or she is presently covered or will become covered while on FMLA leave, shall be provided for by the company at the same cost to the associate as if he or she was working. Associates must make payment for the benefit amounts normally deducted from their pay to maintain continuous coverage. If the associate’s payment is more than 30 days past due, the company may terminate the associate’s coverage under the health plan for the remainder of the leave.

If the associate fails to return to work at the expiration of FMLA leave for reasons other than the continuation, recurrence, or onset of a serious health condition, or because of other circumstances beyond the control of the associate, the company will request and seek reimbursement for the premiums paid for health coverage while the associate was on FMLA leave.

  1. Sick Time and Vacation Use and Accruals DuringFMLALeave

To the extent an associate has accrued unused sick and vacation time, the associate must exhaust all accrued and unused sick and vacation time at the beginning of his or her FMLA leave, unless he or she is receiving disability benefits or state law provides otherwise.The total amount of paid and unpaid leave provided under the FMLAleave shall not exceed 12 weeks in a rolling 12-month period. Once all available sick and vacation time has been exhausted, the remainder of the FMLA leave shall be unpaid.

Other than during pay periods when the associate is using sick and vacation time, full-time associates are not eligible for holiday pay and sick and vacation time accruals shall cease during FMLA leave.

  1. Reinstatement Following FMLA Leave

Generally, upon return from FMLA leave, associates will be reinstated to the same position or to an equivalent position, subject to any applicable exceptions.However, associates have no greater right to reinstatement or to other benefits and conditions of employment than if they had not taken FMLA leave.In addition, any right to reinstatement terminates if an associate fails to return to work at the end of an approved leave under the FMLA, in accordance with applicable laws.

As a condition of reinstating an associatewhose FMLA leave was due to his or her own serious health condition that made the associate unable to perform the associate's job, the associate will be required to submit certification from the associate’s health care provider that he or she is able to return to work.

3.1.7Intermittent and Reduced Schedule FMLA Leave

If medically necessary, FMLA leave may be taken on an intermittent basis or on a reduced leave schedule for the associate’s own serious health condition or to care for a covered family member’s serious health condition.

3.2Medical Leave of Absence (MLOA)

  1. MLOA Provisions

MLOA leave is a benefit provided by the company which allows eligible associates to take up to six (6) months of medical leave within a rolling 12-month period. A MLOA will be unpaid. Unless otherwise required by law or as a reasonable accommodation, an associate’s job is not protected while on a MLOA.

3.2.2Qualifying for MLOA

Any eligible associate who is unable to work because of a non-work related illness or injury and who is ineligible for FMLA leave and/or leave under any similar state leave law, may request an unpaid MLOA. A MLOAisgranted at the sole discretion of the company and associates must receive approval from their HR partner prior to going on leave.

A MLOA generally may not exceed six (6) months in a rolling 12-month period, including leave taken under other company policies, such as leave taken under the FMLA. Exceptions may be made for associates with disabilities who request additional leave as a reasonable accommodation, to the extent required by law.

3.2.3MLOA Requests

If possible, associates must provide at least 30 days advance notice of the need for a MLOA to their supervisor or HR partner in writing.If this is not possible, then as much advance notice as practicable should be provided.

Requests for a MLOA must be supported by medical certification from the associate’s health care provider certifying the need for a medical leave.The company reserves the right to have an associate examined by a company-appointed physician for verification of the need for leave.As a condition of returning from a MLOA, the associate must provide their HR partner with certification from his or her healthcare provider that the associate is able to return to work.

3.2.4Benefit Coverage DuringMLOA

An associate’s health and welfare benefit coverage, if he or she is presently covered while on a MLOA, shall be provided for by the company at the same cost to the associate as if he or she was working. The associate must make payment for the benefit amounts that would normally be deducted from his or her pay to maintain continuous coverage. If the associate’s payment is more than 30 days past due, the company may terminate the associate’s coverage under the health plan for the remainder of the leave.

If the associate fails to return from MLOA at the expiration of the leave for reasons other than the continuation, recurrence, or onset of a medical condition, or because of other circumstances beyond the control of the associate, the company may request and seek reimbursement for the premiums paid for health coverage while the associate was on leave.

3.2.5Use of Accrued Sick Time and Vacation DuringMLOA

To the extent a full-time associate has accrued unused sick and vacation time prior to going on a MLOA, the associate must exhaust all accrued sick and vacation time at the beginning of his or her leave, unless he or she is receiving disability benefits or state law provides otherwise. Once all available sick and vacation time has been paid out to the associate, the remainder of the leave shall be unpaid.In either case, the total of paid and unpaid leave provided will generally be limited to six (6) months in a rolling 12-month period.

Other than during pay periods when the associate is using sick and vacation time, full-time associates are not eligible for holiday pay and sick and vacation time shall cease to accrue during MLOA.

3.2.6Reinstatement Following MLOA

Although an attempt will be made to reinstate an associate returning from a MLOAto the same position or another position for which the associate is qualified, there is no guarantee of reinstatement following MLOA unless required by law. Consistent with applicable law, failure to return to work on the expected return date at the end of an approved MLOA will be treated as a voluntary resignation.

  1. Personal Leave of Absence (PLOA)
  1. PLOA Provisions

PLOA leave is a benefit provided by the company which allows eligible associates to take leave for personal reasons. Unless otherwise required by law, all PLOAs will be unpaid and are not job-protected.

PLOAs are administered in a non-discriminatory manner and in conjunction with the company’s Fair Treatment Policy. They are granted and administered according to the following rules and limitations:

Part-Time Associates
Maximum Benefit / Up to 90 days leave during a rolling 12-month period.
Administration / Part-time associate PLOAs are approved or denied by the associate’s direct supervisor and are and are tracked by the Benefits Department.
by the Benefits Department.
Full-Time Associates
Maximum Benefit / Up to 30 days leave during a rolling 12-month period.
Administration / Full-time associate PLOAs are approved or denied by the associate’s direct supervisor and are tracked by the Benefits Department.

3.3.2Qualifying for PLOA

In the company’s sole discretion and as required by applicable federal and state laws, the company may provide an unpaid leave of absence to associates who need to take time off from work duties to fulfill non-medical, personal obligations. Where allowable by law, personal leave will only be considered once an associate has exhausted all other appropriate accrued paid time off and it has been determined that the associate is not eligible for leave under any of the company’s other leave policies or other types of leave required by federal, state, or local law.Unless otherwise required by law, all PLOAs will be granted at the sole discretion of the company.

3.3.3PLOA Requests

Associates requestinga PLOA must provide their supervisor with 30 days advance notice in writing.If this is not possible, as much advance notice as practicable should be provided.

Requests must include the following information:(1) the date the personal leave is to begin; (2) the date the associate will return to work; and (3) the reason for the request for personal leave. PLOA requests will be evaluated based on a number of factors, including but not limited to, anticipated work load requirements and staffing considerations during the proposed period of absence.

3.3.4Benefit Coverage DuringPLOA

The associate’s health and welfare benefit coverage, if he or she is presently covered while on a PLOA, shall be provided for by the company at the same cost to the associate as if he or she was working. The associate must make payment for the benefit amounts that would normally be deducted from his or her pay to maintain continuous coverage. If the associate’s payment is more than 30 days past due, the company may terminate the associate’s coverage under the health plan for the remainder of the leave. If the associate fails to return from leave at the expiration of the personal leave, the company will request and seek reimbursement for the premiums paid for health and welfare coverage while the associate was on leave.

3.3.5Sick Time and Vacation Use and Accruals DuringPLOA

To the extent a full-time associate has accrued unused vacation time prior to going on a PLOA, the associate shall exhaust all accrued vacation time at the beginning of his or her leave. Once all available vacation time has been exhausted or paid out to the associate, the remainder of the leave shall be unpaid.

While on an unpaid PLOA, associates are not eligible for and will not accrue sick and vacation time.

3.3.6Reinstatement Following a PLOA

When the personal leave ends, an attempt will be made to return the associate to the same position or to another available position for which the associate is qualified. However, the company does not guarantee reinstatement following a personal leave, unless otherwise required by law. If an associate fails to report to work promptly at the expiration of the approved PLOA, the company will assume the associate has resigned and take action in accordance with applicable law.