DEPARTMENT: Human Resources / POLICY DESCRIPTION: Leaves of Absence
PAGE:1 of 12 / REPLACES POLICY DATED: April 1, 1998
APPROVED: May 29, 2002 / RETIRED:
EFFECTIVE DATE: June 30, 2002 / REFERENCE NUMBER: HR.203
SCOPE: Employees in Company-affiliated facilities.
PURPOSE: Affiliated employers may provide various leaves of absence to employees.
POLICY:
  1. TYPES OF LEAVE:
A.EDUCATIONAL LEAVE
Consideration will be given an employee requesting a leave of absence to continue his/her education if the employee has expressed full intention of returning to employment.
Eligibility -Full-time regular employees with at least six months of continuous service who seek to enroll as full-time students in a course of study that would otherwise conflict with their normal work schedule. Enrollment in part-time, night or weekend courses will not support eligibility.
Approval - A written request for educational leave should be submitted by the employee to the supervisor on the appropriate Leave of Absence Request form, setting forth the dates of the leave requested, the course of study and the educational institution at which the study will take place. Approval for an educational leave is based on the needs of the employer and the appropriateness of the course of study to operations.
Duration - The leave should not exceed six (6) months.
B.GENERAL MEDICAL LEAVE
(Including pregnancy leave not covered by Family Medical Leave, the Tennessee Maternity statutes, other applicable state statutes and on-the-job injuries or illness)
Eligibility - A medical leave of absence may be granted to a full-time employee with at least six months of continuous service. Any accrued paid benefit time should be run concurrently with the leave of absence. There is no minimum service requirement for eligibility for a leave of absence occasioned by a pregnancy-related disability, or for a disability arising out of an on-the-job injury or illness.
Approval - A written request for this leave should be submitted by the employee to the supervisor on the appropriate Leave of Absence Request form. A physician’s certification will be required. The department head may approve a medical leave of absence based on the circumstances of the request.
Duration - Medical leaves, if granted, are granted for the duration of the period of disability, not to exceed six (6) months during a rolling calendar year. If family and medical leave and general medical leave are taken during the same 12-month period, the total combined leave time may not exceed six (6) months. (See Family and Medical Leave guideline).
Medical Verification - The Company reserves the right at any time to require proof or medical verification of an employee's ability or inability to work. Such proof or verification may include periodic reports from, or consultation with, the employee's physician or examination of the employee at the employer’s expense by a physician selected by the employer. Human Resources should be consulted regarding medical verifications.
C.MILITARY TRAINING LEAVE
Employees who must be absent for active or inactive military training duty (e.g., Reserves or National Guard summer camps, annual cruises, weekend drills, attendance at military schools) will be granted, upon request, a leave of absence without pay. An employee may use PTO for military training duty obligations upon written request.
Eligibility - All employees who engage in active or inactive military training duty in the armed forces of the United States, including the National Guard.
Approval - Request for military leave should be made sufficiently in advance of the projected beginning of the leave to enable the employer to adjust the work schedule accordingly. The employee should use the appropriate Leave of Absence Request form.
Duration - Leave will be granted for the period of the training.

D.MILITARY ACTIVE DUTY LEAVE

This policy is in compliance with the Uniformed Services Employment and Re-employment Rights Act (USSERA) of 1994. The intent of this policy is to make employees called to active military duty, other than routine training, “whole” in terms of missed compensation while on active duty. Employees’ compensation will be offset in circumstances where normal pay is greater than military pay while on active duty.
Payments will be calculated based on the difference between the employee’s gross regular pay (including shift differentials) at the time of activation to military service and his/her gross pay from the military. Therefore, regular gross pay will be based on the employees’ scheduled hours and shifts at time of activation. Overtime hours are not included in the calculations; only regular hours, shift differentials, and any applicable other premium pay such as certification differentials, are to be included.
Eligibility - Regular Full Time and Regular Part Time employees who have been served with Activation Orders to report to active duty within their component (USA, USMC, USN, USCG, etc). Temporary and PRN employees are not eligible.

Procedure for Supplemental Military Pay –

Use the link determine the pay for employees on military leave. Use the employee’s military rank and years of service with the Military and match it to the pay grade in column one. Employee’s military years of service should be located on their “JUMPS” (Joint Uniform Military Pay System) Statement. This table is set up for monthly pay periods, so you may need to calculate the differential if the employee is on a bi-weekly or hourly pay schedule.
Once employees are able to provide specific proof of pay received from the military, adjustments may need to be made. All payments will be subject to taxes and other applicable withholdings.
  1. Determine gross pay employee will be receiving from the Military by looking at the “Monthly Basic Pay Table”.
  2. Convert Military “Monthly Basic Pay Table” to an annual amount (12 months) and divide by 26 (# of bi-weekly payrolls in a year). If you process payroll weekly, divide by 52.
  3. After you calculate the amount of bi-weekly Gross pay received by the Military (using step 2 above), subtract the employee’s gross regular pay (including shift differentials). The difference will be the employee’s new gross payroll.
  4. Enter the amount of the new Gross Payroll to earnings code 78 using on-line time entry for dollars ($$) only. The on-Line time entry screen is accessed through option 11 (SPECIAL PAYROLL ACTIVITIES), then option 7 (TIME ENTRY MENU), then option 1 (ADD TIME).
  5. For questions about this procedure, you may contact IT&S Customer Support – Payroll at 1-800-265-8422, option 4, 1.

Procedure for Coding the Active Duty Military Leave –

  1. Access the Payroll/Benefits/HR System – Main Menu
  2. Select Human Resources Activities – Employee Maintenance Activity 30
  3. Select Activity 18 – LOA
  4. Select Activity 1 – Place On LOA Or Correct Current LOA (see below for a screen print)
  • On this screen, you will enter all appropriate employee data in the required fields. Please note the following items which must be processed per the instructions below:
  • This leave should be listed as a paid LOA. The date the paid LOA begins is the day following their last physical day at work.
  • LOA Reason should be listed as M911.
  • Change Pay Status should remain as an A.
SSN: - - NAME:
PAY STATUS (LAST PAY PER):
LOA STATUS (PLACE ON LOA):
UNPAID LOA START DATE: - -
PAID LOA START DATE: - -
LOA END DATE : - - EXPECTED: E
LOA REASON: M911
LOA REASON EFF DATE: - -
LOA COMMENTS:
:
NEXT REVIEW DATE: - - REVIEW TYPE:
CHANGE PAY STATUS TO: A (' '/'A'/'I')

For questions about this procedure, you may contact IT&S Customer Support at

1-800-265-8422.

Benefits Continuation While on Active Duty Military Leave – (See Attachment A).

E.PERSONAL LEAVEA personal leave of absence without pay may be approved for a variety of reasons. A Supervisor may allow an employee personal leave for situations that in management's view, require it.
Eligibility - An approved personal leave of absence may be granted to regular full-time employees with at least six (6) months of continuous service.
Approval - A written request for a personal leave of absence should be submitted on the appropriate Leave of Absence Request form by the employee to the supervisor prior to the commencement of the leave. Approval will be granted by the department head based on the circumstances surrounding the request.
Duration - The leave should not exceed six (6) months.
  1. LEAVES OF ABSENCE (FAMILY AND MEDICAL LEAVE)
The Family and Medical Leave Act provides that eligible employees are entitled to a total of twelve (12) weeks of unpaid leave during a backwards-rolling twelve-month period for any one, or more, of the following reasons:
1)The birth of a son or daughter, and to care for the newborn child;
2)The placement with the employee of a son or daughter for adoption or foster care;
3) To care for the employee's spouse, son, daughter, or parent with a serious health condition;
4) Because of a serious health condition that makes the employee unable to work.
Leave Entitlement - Leave for birth or placement of child for adoption or foster care must be taken within 12 months of birth or placement. When both spouses are employed by the Company they are limited to a combined total of 12 work weeks during a backwards rolling 12-month period if leave is taken for birth or placement of a child for adoption or foster care.
Family and medical leave need not always be taken in one continuous leave period. Leave may be taken "intermittently" or on a "reduced schedule" basis under certain circumstances. Intermittent leave is leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time. A reduced schedule leave is a leave that reduces an employee's number of scheduled working hours per day or per week.
Intermittent or reduced schedule leave for a birth or placement of a child for adoption or foster care may be approved by the employee's department head if staffing and workload permit. Intermittent or reduced schedule leave to care for a qualified sick family member or for an employee's own serious health condition will be approved if the leave is medically necessary.
An employee who has a serious health condition and is unable to return to work after 12 weeks of family and medical leave may be placed on a general medical leave. (See general medical leave guideline). An eligible female employee working in Tennessee who is taking maternity leave may be entitled to an additional four (4) weeks. (See maternity leave guidelines). Leave for employees working outside Tennessee will be governed by applicable state and local law.
Serious Health Condition - An illness, injury, impairment or physical or mental condition that involves either:
Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) due to:
  1. A health condition (including treatment therefore, or recovery therefrom) lasting more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:
a)treatment two or more times by or under the supervision of a health care provider; or
b)one treatment by a health care provider with a continuing regimen of treatment; or
  1. Any period of incapacity due to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or
  2. A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes). A visit to a health care provider is not necessary for each absence; or
  3. A permanent long-term condition for which treatment may not be effective (e.g., Alzheimer’s, a sever stroke, terminal cancer). Only supervision by a health care provider is required, rather than active treatment; or
  4. Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity for more than three days if not treated (e.g., chemotherapy or radiation treatments for cancer).
Eligibility - An eligible employee is one who has been employed for at least 12 months, has at least 1,250 hours of service during the 12-month period immediately preceding the date of the requested leave, and who expresses an intent to return to work after the leave.
Approval - An employee desiring to take family and medical leave must give at least 30 days advance notice prior to commencement of leave, if the need for leave is foreseeable. If the need for leave was not foreseeable, and/or 30 days is not possible, the employee must give as much notice as is possible under the circumstances. The employee should give at least verbal notification to the employer within one or two business days after the need for leave becomes known. The employer may delay the taking of FMLA leave until at least thirty (30) days after the date that notice is provided except in extraordinary circumstances where such notice is not feasible.
A written request for leave should be submitted by the employee to the Supervisor. The request should set forth the reasons for the leave, the anticipated start and the duration of the leave.
When planning medical treatment, the employee should consult with the health care provider and his/her Supervisor, before scheduling treatment, in order to prevent undue disruption of department operations.
Medical Certification - A health care provider’s certification will be required to support a request for leave. Second or third opinions may also be required at the employer’s expense. It is the employee’s responsibility to return both the health care provider certification as well as the Leave of Absence Request form to Human Resources within fifteen (15) days of receipt of the form. A delay in the return of the required documents and certification may result in the leave being denied or postponed.
Subsequent re-certifications may also be requested of the employee at periodic intervals which are no more often than every thirty (30) days in order to update the leave record and justify the continuation of the leave. Failure to comply with the requests for re-certification may result in the leave being canceled.
A fitness for duty or physician’s release to return to work will be required when the leave has been taken due to the serious health condition of the employee. An employee will not be returned to work without the proper documentation from the health care provider. Failure to submit a fitness for duty certification may result in the denial of restoration to employment following FMLA leave.
Reinstatement - An employee should provide the employer with periodic reports concerning intent to return to work. An employee should give the employer at least two (2) days notice of intent to return to work earlier than anticipated. An eligible employee who returns from family and medical leave taken in accordance with this guideline will be reinstated to his/her former position, or to an equivalent position with equivalent pay, benefits, and working conditions. Taking of FMLA leave does not entitle the employee to any lesser or greater right to be restored to his/her position, or an equivalent position than the right the employee otherwise would have had if FMLA had not been taken (e.g., during a reduction in force or organizational redesign).
Key Employee - Reinstatement may not always be possible for certain salaried "key employees." If the employer determines that reinstatement of a "key employee" would cause substantial and grievous economic injury to the operations of the employer, reinstatement may be denied.
An employee requesting leave will generally be notified, at the time of the request, of his/her status as a "key employee" and the potential consequences with respect to reinstatement following the leave. If such notice cannot be given immediately, because of the employer’s need to determine whether the employee is a key employee, notice will be given as soon as practicable after receipt of the leave request (or the commencement of leave, if earlier).
If the employer determines, after the leave has begun, that it will not be able to reinstate the key employee at the end of the leave, it will so notify the employee in writing and give the employee a reasonable time in which to return to work. If the key employee elects not to return to work, (if the leave has already begun) after receiving notification of the employer’s intent to deny reinstatement, the employee's eligibility for reinstatement will be governed by the guideline for reinstatement from general medical leave.
In such a case, the key employee's insurance coverages continue in effect throughout the entire family and medical leave in accordance with the Benefits Continuation section of this guideline.
Benefits Continuation - An employee on an approved family and medical leave may continue group insurance coverages during the leave. If any portion of the leave is paid, (i.e., EIB or PTO), the premiums normally paid by the employee, while working, will be deducted from such pay.