FAMILY AND MEDICAL LEAVE POLICY
Effective Date: July 1, 2001
Revised Date: February 17, 2014
In compliance with the Family and Medical Leave Act of 1993 and amendments (“FMLA”), CHS
allows eligible employees to take job protected unpaid leave, or to substitute paid leave, for up to a
total of 12 work weeks in a 12-month period for various family and medical reasons. Eligible
employees may be entitled to take up to 26 work weeks of unpaid leave in a single 12-month period
to care for a Covered Service Member. The 12-month period for FMLA leave eligibility is measured
backward from the date the leave begins.
Additional leaves of absence or time off will be allowed to the extent required by Federal, State,
and/or local law. Multiple FMLA leaves occurring in the same year will be administered in accordance
with the applicable FMLA regulations.
Basic Leave Entitlement
An eligible employee is defined as an employee who has been employed by CHS for at least twelve
months and worked at least 1,250 hours during the 12 months preceding the leave.
FMLA leave will be granted to eligible employees for the following reasons:
1.
2.
3.
4.
5.
For incapacity due to pregnancy, prenatal medical care, or childbirth;
To care for your child after birth, or placement for adoption or foster care;
To care for your spouse, son or daughter*, or parent who has a serious health condition;**
Because of your serious health condition** that makes you unable to perform your job;
Because of a qualifying exigency*** arising out of the fact that the employee’s spouse, child
(of any age), or parent is on or has been notified of an impending call or order to Covered
Active Duty****; or
6. To care for a Covered Service Member***** with a serious injury or illness if the employee is
the spouse, child, parent (of a child of any age), or next-of-kin of the covered service member
(26 weeks during single 12-month period, as explained below).
Definitions
*Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child to
whom the employee stands in loco parentis, who is under 18 years old or who is 18 or older and
incapable of self-care because of a mental or physical disability at the time that FMLA is to
commence.
**Serious Health Condition means 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 employee’s covered 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 at least two visits
to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to a
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
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Unless this definition of a Serious Health Condition is satisfied problems such as common colds, flu,
ear aches, upset stomachs, minor ulcers, non-migraine headaches, and routine dental problems are
generally not “serious health conditions” under this policy.
***Qualifying Exigency. A qualifying exigency in connection with the Covered Active Duty status or
call to Covered Active Duty of a covered family member may include any of the following, which are
related to, arise from, or are necessitated by the active duty status or call to active duty of the covered
family member: (1) a “short-notice” deployment calling a covered military member to service within
seven or fewer days’ notice; (2) attendance at military events and related activities (e.g., official
ceremony, program, informational briefings); (3) arrangement of childcare and school activities; (4)
care of the military member’s parent; (5) making or updating financial or legal arrangements; (6)
attendance at counseling; (7) time spent with military member on short term, temporary rest and
recuperation leave (up to 15 days for each instance of rest and recuperation); and (8) attendance at
post-deployment activities. Some additional activities also may qualify. If you have questions about
what may qualify as a “qualifying exigency,” please contact Human Resources.
****Covered Active Duty includes duty during the deployment to a foreign country of a member of a
regular component of the Armed Forces and duty during the deployment to a foreign country of a
member of a reserve component of the Armed Forces under a call to order to active duty.
*****Covered Service Member. A Covered Service Member includes: (a) a 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”; and (b) a veteran undergoing medical treatment,
recuperation, or therapy for a “serious injury or illness” if that veteran was a member of the Armed
Forces (including a member of the National Guard or Reserves) and 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 veteran. A serious injury or illness, in the case
of a current member of the Armed Forces (including a member of the National Guard or Reserves), is
an injury or illness incurred in the line of duty on active duty in the Armed Forces, or that existed at
the beginning of the member’s active duty and was aggravated by service in the line of duty on active
duty, and that may render the member medically unfit to perform the duties of the member’s office,
grade, rank, or rating. A serious injury or illness, in the case of a covered veteran, is an injury or
illness that was incurred in the line of duty on active duty in the Armed Forces (or existed before the
beginning of the veteran’s active duty and was aggravated by service in the line of duty on active duty
in the Armed Forces) and manifested itself before or after the member became a veteran and is: (i) a
continuation of a serious injury or illness that was incurred or aggravated when the covered veteran
was a member of the Armed Forces and rendered the member unable to perform the duties of the
member’s office, grade, rank, or rating; (ii) a physical or mental condition for which the covered
veteran has received a U.S. Department of Veterans Affairs Rating of 50% or greater, and such rating
is based, in whole or in part, on the condition precipitating the need for FMLA leave; (iii) a physical or
mental condition that substantially impairs the covered veteran’s ability to secure or follow a
substantially gainful occupation by reason of a disability or disabilities related to military service, or
would do so absent treatment; or (iv) an injury, including a psychological injury, on the basis of which
the covered veteran has been enrolled in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
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Substitution of Other Paid Leave
Employees are permitted, but not required to use available accrued paid time off. Whether or not the
employee chooses to use available accrued time off will not impact the designation of FMLA leave.
If an employee has a Serious Health Condition which also qualifies for income or wage loss benefits
under any CHS Short Term Disability, Sickness and Accident, Accident and Sick or other disability
program paid for by CHS, or which qualifies for wage loss benefits under any worker’s compensation,
longshoremen, Jones Act, or similar program, the employee will be required to utilize these benefits in
conjunction with FMLA leave.
Employment Restoration
An FMLA eligible employee who takes a leave for purposes intended by the FMLA law will generally
be entitled upon return from such leave to be restored to the same position of employment as held
when the leave began, or to be restored to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
This entitlement to job restoration lasts 12 weeks (26 weeks in the case of a leave to care for
recovering service members) from the date the disability began. Once the employee’s FMLA leave
entitlement is exhausted or if the employee is not eligible for FMLA leave, there is no guarantee of
restoration to the employee’s prior position and no guarantee that any position will be available for the
employee upon returning from leave.
The exception to the employment restoration provisions of this policy will be made if the employee on
leave is a "key" employee and is among the highest paid ten (10) percent of the Company’s
employees within seventy-five (75) miles, and the restoration of employment would result in
substantial economic injury to the Company. In this situation, however, the employee will be notified
of the Company’s intent to deny restoration and will be given an opportunity to return to work.
Return to Work
Employees are requested to provide at least 2 days’ notice of his or her return, barring any
unforeseen circumstances. Employees whose leave extends beyond the period covered by the FMLA
will lose their protections described in this policy. Employees will be considered to have returned to
work after working for 30 calendar days following an FMLA leave.
Discrimination or Retaliation
The FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any
right provided under the FMLA, or to discharge or discriminate against anyone for opposing any
practice made unlawful by the FMLA or for participating in any proceeding under or relating to the
FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against an employer. See www.wagehour.dol.gov or call 1-866-487-9243.
Certification
The Company will require medical certification from a licensed health care provider that supports a
request for a medical leave for an employee's own serious health condition; or to care for a seriously
ill child, spouse, or parent. At its discretion, the Company may require a second medical opinion, and
periodic recertification at its own expense. If the first and second medical opinions differ, the
Company, at its own expense, may require the opinion of a third licensed health care provider,
approved by both the Company and the employee. This third opinion is binding.
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Any eligible employee who takes a medical leave of absence for his/her own serious health condition
may be required to furnish medical certification from a licensed health care provider upon returning
from leave. In addition there are two DOL certification forms that may be used by employees and
employers to facilitate the certification requirements for the use of military family leave.
Intermittent or Reduced Hour Leave
In the event of a caregiver or qualifying exigency leave, or if medically necessary for a serious health
condition of the employee or his or her spouse, child, or parent, leave may be taken on an intermittent
or reduced hour schedule, with the Company’s approval. If leave is required on this basis, however,
the Company may require the employee to transfer temporarily to an alternative position that better
accommodates recurring periods of absence or a part-time schedule, provided that the position
transferred to have equivalent pay and benefits.
Reporting Requirements
When the need for leave is foreseeable; such as the birth, adoption, or placement of a child,
scheduled medical treatment, or a qualifying exigency leave, the employee must provide thirty (30)
days prior notice as to the date that such leave will begin, and make efforts to schedule such leave to
minimize disruption to the Company’s operations. When the need for leave is unforeseeable, the
employee must notify the Company as soon as possible. During all leave periods, the employee will
be required to keep his/her immediate supervisor informed of his or her condition and anticipated
return date, and may be required to furnish on-going medical certification as necessary.
Status of Employee Benefits During Leave of Absence
Any employee who is granted an approved leave of absence under this policy may continue his or her
group insurance coverage at the same level as prior to the leave, by arranging to pay his/her portion
of the premium contributions during the absence period as outlined on the Employer’s Response.
Failure to submit the required monthly contribution(s) within 30 days from the due date will result in
loss of coverage.
If an employee elects not to return to work upon completion of an approved unpaid leave of absence,
the Company may recover from the employee its share of the cost of any premiums paid to maintain
the employee's coverage, unless the failure to return to work was for reasons beyond the employee's
control. An employee on leave will not lose any employment benefits accrued prior to the leave,
unless a benefit such as accrued paid time off is used during the leave. An employee on an unpaid
leave of absence will not accrue additional seniority or employment benefits during any leave period.
Notification and Timing of Leave
Every employee must advise his or her supervisor of the need for leave. Due to the nature of CHS
business, certain times during the year can be extremely busy and attendance is critical. In the event
that foreseen FMLA leave is requested during such a critical business period, CHS may request that
the employee consider taking leave at a different time, intermittently, or on a reduced schedule. By
making this request CHS does not intend to interfere with the employee’s right to take FMLA leave
but would like the employee to be considerate of business needs and the importance of attendance
during critical times in scheduling foreseeable FMLA leave. Employees should also contact Human
Resources to obtain the appropriate leave of absence forms. All medical information obtained about
employees or their family members are maintained in confidence.
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