LEAVE OF ABSENCE (WITHOUT ANY PLT, Non-FMLA)

  • Subject to all applicable law, full-time and part-time employees who take off for more than one week without pay will have his/her position posted. At two weeks, the employee will lose seniority established. If and when the employee resumes active employment status, the return from Leave date will be used to determine seniority to include full time status and benefits eligibility. If an employee continues to be off without pay for four weeks, then the employee will be terminated.
  • The employee will have the option to re-apply for the position when the employee is able to return to work if the position is still open.
  • If the position is not open, then the employee may apply for other positions within the agency. Creative Concepts for Living does not guarantee that an employee will be hired back once terminated.

LEAVE OF ABSENCE (EMPLOYED OVER ONE YEAR AND MEET MINIMUM HOURS REQUIREMENT)

1. Family Medical Leave

  1. Creative Concepts for Living will grant a leave of absence to regular full-time and regular part-time employees who meet the requirements described below for the care of a child after birth or adoption or placement with the employee for foster care, the care of a covered family member (spouse, child, or parent) with a serious health condition, or in the event of an employee’s own serious health condition.
  2. Leaves will be granted for a period of up to 12 weeks in any 12-month period.
  3. Eligibility.
    • An employee must have completed at least 12 months of service with Creative Concepts for Living and have worked a minimum of 1,250 hours in the 12-month period preceding the leave to be eligible for leave.
    • In addition, to be legally eligible for leave, an employee must work at a Creative Concepts for Living facility that employs at least 50 employees at that facility or within 75 miles of that facility.
    • Creative Concepts for Living, however, has made the decision to apply the terms of the Act whenever possible.

2. Leave of Absence after Birth, Adoption, or Foster Care Placement, or to Care for Another

  1. Employees requesting a leave of absence to care for a child after birth, adoption, or placement in their home for foster care, or to care for a covered family member with a serious health condition, will be granted unpaid leave under the following conditions:
    • If the leave is planned in advance, employee must provide CCL with at least 30 days’ notice prior to the anticipated leave date.
    • If the leave is unexpected, employee must notify supervisor as far in advance of the anticipated leave date as is practicable. (Normally, this should be within two business days of when the need of the leave becomes known.)
    • All Creative Concepts for Living benefits that operate on an accrual basis (e.g., vacation, sick, personal days, other paid time off) will cease to accrue during any period of FMLA leave which is unpaid. Employees are required to use any available PLT during the leave period. Once these benefits are exhausted, the balance of the leave will be without pay.
    • If employee is eligible for health benefits, they will continue during the leave, provided they continue regular employee contributions to these plans. Other benefits will be handled according to the terms of each benefit plan.
    • Employees requesting a leave to care for a covered family member with a serious health condition may be required to provide medical certification from the family member’s physician attesting to the nature of the serious health condition, probable length of time treatment will be required, and the reasons that the employee is required to care for this family member.
      • This certification, if requested by the Creative Concepts for Living, must be provided by the employee within fifteen days of the request.
      • Employees may also be required to provide additional physician’s statements at Creative Concepts for Living’s request at reasonable intervals.
      • Further, the family member may be required to submit to a medical examination by a physician designated by Creative Concepts for Living at the agency’s expense.

3. Leave for Employee’s Serious Health Condition

  1. Employees who request a leave of absence for their own serious health condition will be granted leave under the following conditions:
    • If the leave is planned in advance, employee must provide CCL with at least 30 days’ notice prior to the anticipated leave date.
    • If the leave is unexpected, employee should notify supervisor as far in advance of the anticipated leave date as is practicable. (Normally, this should be within two business days of when the need for the leave becomes known.)
    • Any time that an employee expects to be, or are absent for more than three consecutive work days as a result of their own serious health condition (including pregnancy), employee will be required to submit appropriate medical certification from your physician. Such certification must include, at a minimum, the date the condition began, a diagnosis, and the probable date of return to work. This certification must be provided within fifteen days of the agency’s request.
  2. All Creative Concepts for Living benefits that operate on an accrual basis (e.g., vacation, sick, personal days, other paid time off) will cease to accrue during any period of unpaid leave. Employees are required to use any available PLT during leave period.
  3. If employee is eligible for health benefits, they will continue during the leave, provided employee continues to pay regular employee contributions to these plans. (Other benefits will be handled according to the terms of each benefit plan.)
  4. During leave period, employee may also be required to provide Creative Concepts for Living with additional physician’s statements attesting to continued incapacity and inability to work. Employee may also be required to submit to medical examinations by physicians designated by Creative Concepts for Living at CCL discretion and at CCL expense, at the beginning of, during, or at the end of the leave period, and to provide CCL with access to your medical records as required.

4. Leave Entitlement

  1. Eligible employees are entitled to leave for up to 12 weeks in any 12-month period, rolling period; that is, the entitlement is measured from the date of request for leave.
  2. Leave taken to care for a child after birth, adoption, or placement in your home for foster care must be taken in consecutive workweeks. Leave taken for the employee’s or a covered family member’s serious health condition may be taken consecutively, intermittently, or on a reduced work/leave schedule based on certified medical necessity. In such instances, Creative Concepts for Living will follow applicable federal and state laws in reviewing and approving such leave requests.

5. Reinstatement Rights

  1. Eligible employees are entitled on return from leave to be reinstated to his/her former position or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees who are unable to return to work at the end of his/her 12-week leave periods are not entitled to automatic reinstatement.
  2. Exceptions to this reinstatement rights’ provision may apply if business circumstances have changed (e.g., if the employee’s position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated employees under certain conditions.

6. Bereavement Leave

  1. Creative Concepts for Living provides Personal Leave Time to eligible employees, PLT will be applied when employees miss scheduled hours due to bereavement. At this time, does not provide any other paid time off designated specifically for bereavement.
  2. Personnel needing time off for bereavement purposes should follow steps for time off outlined in attendance policy.
  3. Bereavement documentation may be submitted to HR for review. Documentation may be from public notifications, programs from funeral service (not from mortuary). Submission of proper documentation to support bereavement will be considered to HR and maintained in file, and considered in attendance review.

7. Jury and Witness Duty Leave

  1. Employees are allowed unpaid leave for answering a summons to appear as a witness in court.
  2. All full-time employees summoned to jury duty are allowed paid leave up to fifteen working days per calendar year. Employees must turn over his/her jury stipend for these days to Creative Concepts for Living. For any amount of jury time over fifteen days, the employee may keep the stipend.
  3. Part-time and temporary employees are given unpaid leave while serving on a jury.
  4. To qualify for jury or witness leave, employee must give immediate supervisor a copy of summons and jury-discharge notice.

8. Military Leave

  1. Creative Concepts for Living abides by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
    • USERRA is a Federal law that gives members and former members of the U.S. armed forces (active and Reserve) the right to go back to a civilian job they held before military service.
    • USERRA applies to all private, state, and Federal government employers unless employer can prove the job was truly a temporary position.
    • In addition to getting old job back, USERRA provides employee with many other employment rights that are designed to put employee in the same employment position they would have been had they not had to leave to serve in the armed forces.
  2. Prior to being able to invoke any of the rights under USERRA, however, employees must meet four requirements:
    • Employee must have given advance notice to employer before leaving for active duty. Notice can be oral or in writing, but employees can best protect their rights by sending a letter by certified mail or having employer sign a copy of your letter acknowledging receipt.
    • Employee must not be gone for a total of over 5 years. However, absences which resulted from involuntary activations pursuant to 10 U.S.C. §12302 (partial mobilization) or from being ordered to, or retained on, active duty (other than for training) because of war or national emergency are not counted towards this 5-year cap.
    • If discharged from military, employee must receive an honorable or general discharge to utilize USERRA rights.
    • Employee must return to work or request job back under the following timelines:
      • If employee was gone up to 30 days, they must report to the first shift which begins after safe travel time from your duty site plus eight hours to rest.
      • If employee was gone 31 to 180 days, employee must apply in writing for work within 14 days after completing military service.
      • If employee was gone 181 days or more, employee must apply in writing for work within 90 days. Employee must tell employer that they worked there before, and left for military service.
  3. If employee meets the 4 requirements listed above, then USERRA provides employee the following employment rights:
    • Prompt reinstatement. Employee gets job back immediately if gone 30 days or less. After longer service, employee must get job back within a few days.
    • Status and Seniority. For purposes of status, seniority, and most pension rights (including pay rate) employee is treated as if they never left for military service. If employee’s peers got promotions or raises while employee was gone, employee does too.
    • Training and other accommodations. Employer must train reinstated employee on new equipment or techniques, refresh skills, and accommodate any service-connected disability.
    • Special protection against discharge other than for cause. If employee is fired within a protected period, employer must prove the firing was not because of military service. Protected period varies based on how long employee was gone.
    • Immediate reinstatement of health benefits. Employee and family may choose to go back on the agency health plan immediately upon return to civilian job. There can be no waiting period and no exclusion of pre-existing conditions, other than for VA-determined, service-connected conditions.
    • Anti-discrimination provision. USERRA prohibits discrimination based on military service or military service obligation.
    • Other benefits. USERRA guarantees military personnel certain rights. It does not eliminate any other benefits employee may have from state law, contract, or collective bargaining agreement.
  4. USERRA gives employee the right to sue their employer in federal court. See 38 U.S.C. §§ 4301-33.
    • If lawsuit is successful, employee may be able to recover court costs and attorney fees from employer.
    • However, lawsuits can be both costly and time consuming; and there is never a guarantee that one will prevail.
    • Therefore, employees are encouraged to seek the assistance of the organizations listed below in resolving USERRA reemployment issue before taking formal legal action.
  5. The National Committee for Employer Support of the Guard and Reserve (ESGR), (800) 336-4590 or (703) 696-1400.
    • ESGR provides ombudsmen who mediate reemployment issues between military members and their civilian employers.
    • http://www.esgr.org –The site provides tips for reserve members and employers.
  6. The U.S. Department of Labor Veterans Employment and Training Service (VETS), (202) 219-9110.
    • The Department of Labor is responsible for resolving and/or investigating reemployment issues.
    • http://www.dol.gov/dol/vets –The site has a Non-¬Technical Resource Guide to USERRA.
  7. Helpful information about this and other mobilization issues is available in the Department of Defense Mobilization Guide at: http://www.defenselink.mil/ra/mobil/pdf/section1-SiteToC.pdf