RubinBrown Team Member Manual

POLICY CONTINUED Policy Title: Policy Number:

Section: Family and Medical Leave Act (FMLA) 701

Absence From Work

Subsequent to the 12 week leave period, the team member may reapply for the original position, but there is no guarantee for rehire. In addition, under the Family and Medical Leave Act, the Firm may deny restoration. The Firm may deny restoration to: 1. Certain “highly compensated team members.” This exception applies to any salaried eligible team member who is among the highest paid 10% of team members of the Firm and only applies if: the Firm’s denial is “necessary to prevent substantial grievous economic injury to the operations of the Firm; the Firm notifies the team member of its intent to deny restoration at the time the Firm determines that restoring the team member to his/her former job or an equivalent position would cause the Firm substantial grievous economic injury; the Firm notifies the team member that they are “key” team member, gives them reasons for denying restoration, and gives them reasonable opportunity to return to work after notifying them; in any case in which the leave has commenced, the team member elects not to return to employment after receiving such notice.” 2. The Firm may also deny restoration if the team member is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition. In this situation, the employer has no commitment to grant restoration under the FMLA, but should consider implications of other laws, such as the American with Disabilities Act. If a team member and spouse both work for the Firm, the combined FMLA entitlement is 12 weeks of family leave for the birth and care of a newborn child, for placement of a child for adoption or foster care and to care for a parent who has a serious health condition. FMLA taken for these reasons will count against the spouse’s individual 12 week maximum. Where the need for a leave is foreseeable, team members must provide the Firm with at least 30 calendar days advance notice of the team member’s intent to take a leave. If the need for leave is not foreseeable at least 30 days in advance, the team member must still provide notice to the Firm as soon as practical. It is the responsibility of the team member to inform the Firm if they are absent for reasons covered under the FMLA. If leave is needed because of planned medical treatment for the team member or a member of the team member’s family, the team member must also make a “reasonable effort” to schedule the treatment so as not to “unduly” disrupt operations. The Firm has the right to require that a request for leave, due to a serious health condition of the team member or team member’s family member, be supported by certification from the health care provider treating the team member or family member. The team member will be given at least 15 days to present the certification to the Firm. The Firm may require, at its own expense, a second medical opinion. If this opinion differs from the first, the Firm may require a third certification, at the Firm’s expense, which will be final and binding. In most cases, the opinions requested by the Firm cannot be from a contractual medical provider. Eligible team members 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 arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

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