Non-FMLA Leave of Absence
If an employee finds it necessary to be absent from work for a prolonged period of time (e.g., for a personal or family emergency), he/she may request a leave of absence by completing a Vacation / Leave of Absence Request form.
The decision as to whether to approve the requested leave of absence will be based upon factors such as the impact the leave would have upon the overall operations of the company, the employee’s length of employment and work performance, and the reason for the request. No employee is guaranteed a leave of absence.
During an unpaid leave of absence, vacation hours are not accrued and health insurance is not paid beyond the last day of the current month worked. The employee may continue his/his insurance coverage by paying the premium cost out-of-pocket for the remainder of the leave of absence.
Please understand that because of fluctuating business needs, we cannot guarantee reemployment when you return from a leave of absence. If your position or a comparable position is not available, your name may be placed on a hiring list and considered for future vacancies if you meet the qualifications
Federal Family Medical Leave
Twelve (12) weeks of unpaid, job protected leave is provided to eligible employees for certain family and medical reasons. The leave is limited to a total of twelve workweeks of leave during any 12-month period. In order to determine the “12-month period” in which the 12 weeks of leave entitlement occurs, the company will use a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. Employees are eligible if they have worked for the company at least one year and for 1,250 hours over the previous 12 months.
Employees will be required to use accrued paid vacation when taking family medical leave. If the accruals are less than 12 weeks, the employee may take the rest as unpaid leave. Employees will continue to accrue vacation and sick leave while utilizing their vacation and sick leave. However, they will cease to accrue vacation and sick leave during the unpaid portion of their leave. The company will continue the employee's health benefits (employer portion only) during the leave period.
Employees are entitled to leave:
To care for a child following a birth or placement of a child with the employee for adoption or foster care;
To care for the employee’s spouse, child, or parent, who has a “serious health condition,” or
If the employee is unable to perform his or her own job because of the employee’s own serious health condition.
Total leave for employee and spouse is limited to 12 weeks combined if the leave is taken for the birth, adoption, or foster care of a child or to care for a sick parent.
Employees are required to give 30 days advance notice or as much notice as practical when the need for leave is foreseeable. Clear Link Networks, Inc. reserves the right to request medical certification supporting the leave, and also reserves the right to require second or third opinions (at the company’s expense) and a fitness for duty report to return to work at its discretion depending upon the particular circumstances. Leave may be denied if these requirements are not met.
FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. When leave is taken because of a birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. When FMLA leave is taken to care for a sick family member or for an employee's own serious health condition, leave may be taken intermittently or on a reduced leave schedule when medically necessary.
To protect employees' privacy rights, medical certifications will be treated as a confidential medical record and information will be disclosed only on a strictly need to know basis.
Most employees returning from Family Medical Leave will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Key employees may be denied restoration from leave if prior notice as to such key status is given and if it would cause grievous economic harm to the company.
Military Leave
If you require time off from work to fulfill military duties, you will be treated in accordance with applicable requirements of state and federal laws. You are expected to notify your supervisor and provide a copy of your orders as soon as possible.
An eligible employee who provides advance written or oral notice of reserve training or military service will be granted an unpaid military leave of absence for up to five years. During your military leave of absence, your benefit coverage will be the same as for any other employee on an unpaid leave of absence. Medical coverage may be continued based on the provisions of the Uniformed Services Employment Rights Act of 1994 (USERRA). Employees may apply any earned, accrued vacation time before the beginning of their unpaid military service leave if they wish; however, they are not obligated to do so.
