FAMILY AND MEDICAL LEAVE

Family and medical leaves of absence will be granted in accordance with the Family and Medical Leave Act (FMLA) and applicable state or laws.  This policy highlights some of the key provisions of the FMLA.  To the extent that this policy conflicts with the FMLA or does not address all of Mastech digital’s or employees’ rights under the FMLA, the terms of the FMLA will govern.  In addition, where state or local laws offer more protections or benefits to employees, the protections or benefits that are more favorable to the employee will govern.  If an employee has any questions about his or her eligibility for FMLA leave, he or she is encouraged to contact Human Resources.

Eligibility

Employees are eligible to take advantage of the FMLA if they have met all of the following criteria:

  • Worked for Mastech digital in the U.S. for at least 12 months (which need not be consecutive) within the preceding seven (7) years;
  • Worked at least 1,250 hours during the 12 months immediately preceding the commencement of the leave; and
  • Currently work at a site with 50 or more employees or where 50 or more employees are located within 75 miles of the work site.

Acceptable Reasons for Family and Medical Leaves

FMLA leave may be taken for any of the following reasons:

  • For birth of a son or daughter and to care for the newborn child
  • For placement with the employee of a son or daughter for adoption or foster case
  • To care for the employee’s spouse, son, daughter or parent (but not in-law) with a serious health condition
  • Because of a serious health condition that makes the employee unable to perform the functions of the employee’s job
  • Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status)
  • To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the covered servicemember

Giving Notice

Employees requesting leave must give 30 days of advance written notice to management of the need to take leave if the need for leave is foreseeable.  If the need for leave is unforeseeable, notice must be given as soon as practicable (within 1 or 2 business days of learning of the need for leave).  Employees must submit a written request for leave form and request an appointment with Human Resources prior to beginning a leave.  Failure to follow these notice requirements is grounds for Mastech digital to deny the request for leave.

Leave Time Allowed

The FMLA allows eligible employees to take up to 12 workweeks of unpaid leave during a 12-month period for any of the family and medical reasons 1 through 5 listed above. The 12-month period is determined by a rolling calculation and is measured backward from the date the first leave is used.

The FMLA allows eligible employees to take up to 26 workweeks of unpaid leave during a single 12-month period for the family and medical reason 6 listed above.  The 12-month period begins on the first day that the employee takes leave for this reason and ends 12 months later.

An employee’s 12-week FMLA entitlement runs concurrently with all other applicable unpaid leaves, including, but not limited to, short-term and long-term disability and workers’ compensation.

Husband and Wife Employed

A husband and wife who are eligible for leave and are both employed by Mastech digital may be limited to a combined total of 12 workweeks for the birth of the employee’s son or daughter or to care for the child after birth, for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement or to care for the employee’s parent with a serious health condition.

Intermittent or Reduced Schedule Leave

Leave for serious health conditions of the employee, spouse, child, parent, or covered servicemember may be taken, when medically necessary, intermittently or on a reduced schedule. Leave for a covered servicemember’s qualifying exigency also may be taken intermittently or on a reduced schedule.  However, employees must make reasonable efforts to schedule treatment and care so Mastech digital operations are not disrupted. No intermittent or reduced leave is permitted for parental leaves except under unusual circumstances and with management’s permission.

If you are on an intermittent or reduced schedule leave, Mastech digital may temporarily transfer you to an available alternative position that better accommodates your recurring leave and that has equivalent pay and benefits.

Medical Certification

Employees may be required to obtain initial medical certification from a health care provider to support leave requests.  The medical certification must be provided within 15 calendar days after the employee is requested to provide such certification.  Failure to provide the requested medical certification in a timely manner may result in delay or denial of leave or other adverse consequences.  Additionally, Mastech digital may require an employee to obtain a second or third medical opinion at Mastech digital expense. During the leave, Mastech digital may also require periodic re-certification as allowed by law.

Use of Accumulated Vacation Time

As allowed by law, an employee on a leave must use vacation time off while on leave from work. Once accrued and unused vacation time is exhausted, the remainder of an employee’s leave will be unpaid.

Continuation of Benefits

  • Insurance Benefits – During a leave, employees may continue group health care coverage under the same conditions as if they had been continuously employed. Employees are responsible for continued payment of their share of health insurance premiums, if applicable. For the portion of the leave that is unpaid, payment arrangements must be made. If payment is not made in a timely manner, it may result in the loss of coverage. As allowed by law, Mastech digital may recover any health insurance premiums it paid for an employee who fails to return from leave.
  • Accrued Benefits – Employees retain their accrued benefits while on leave. However, benefits that accrue according performance of actual work (including vacation time and holidays) do not accrue during leave periods.

Employee Reinstatement

Employees returning from leave must provide certification of their ability to resume work. An employee is entitled to reinstatement only if he/she would have continued to be employed had a leave not been taken. Employees returning from leave will be reinstated to their former or an equivalent position as required by law. However, also as permitted by law, reinstatement may be denied to key employees if it is necessary to prevent substantial and grievous economic injury to the company operations.

The failure to return to work at the expiration of leave may be considered a voluntary resignation effective as of the second consecutive missed shift following the scheduled return to work, unless advance notice was provided to the employee’s manager or Human Resources.  If the maximum leave time is used up and an employee is unable to return to work, Mastech digital can not guarantee reinstatement to the employee’s former position or an equivalent position, and employment may be terminated, unless otherwise required by law.

Mastech digital will not interfere with, restrain or deny an employee’s right to request a leave in accordance with the terms of this policy. Further, Mastech digital will not discriminate or retaliate against an employee for requesting a leave or for taking a leave in accordance with this policy. If an employee feels he or she has been discriminated or retaliated against under this policy, the employee must report the discrimination or retaliation promptly using Mastech digital’s reporting procedure.  If you have any questions regarding this policy, or if you wish to submit a request for leave under this policy, please contact Human Resources.

If state or local law provides for job protected family or medical leave, the state or local leave and the FMLA leave will run concurrently, if permitted by law. The FMLA does not supersede any state or local law which provides greater family or medical leave rights, and an employee will receive all benefits and protections to which an employee is entitled under any and all applicable leave laws.

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