Leaves of absence without pay may be granted by law and/or at the Company’s discretion to eligible employees to maintain continuity of service in instances where unusual or unavoidable circumstances require prolonged absence. No loss of service credit with Intellipop will occur as a result of the leave of absence, but no benefit credit will accrue towards PTO during the duration of the leave. You will be required to exhaust your PTO accruals before going on an unpaid leave. Leaves of absence without pay are of the following types:
The Company provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
Intellipop strongly encourages it's employees to get vaccinated for COVID-19. Paid time off can be given to get the vaccine and any booster shots. Paid time off will not be given in the event that an employee becomes sick with COVID-19 and did not get vaccinated previously.
Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the Armed Forces, National Guard, or Reserves 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.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is: (1) a current 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*; or (2) a veteran who 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 covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.”
Upon return from FMLA leave, most employees are restored to their original or equivalent positions with equivalent pay and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. As with other types of unpaid leaves, paid leave will not accrue during the unpaid leave. Holidays, funeral leave, or employer’s jury duty pay are not granted on unpaid leave.
Employees are eligible if they have worked for this Company for at least 12 months, or for 1,250 hours over the previous 12 months.
Definition of Serious Health Condition
A serious health condition is 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 a qualified 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 three consecutive full 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 pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
The maximum time allowed for FMLA leave is either 12 weeks in the 12-month period as defined by the Company, or 26 weeks as explained above. The Company uses the 12-month period measured forward from the first day of an employee’s leave.
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the Company’s agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave.
The Company requires employees to use accrued paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be taken in compliance with the Company’s normal paid leave policies. If an employee’s leave of absence does not constitute paid leave as defined in the Company’s paid leave policies, the employee cannot use accrued paid leave, but can take unpaid leave. FMLA leave is without pay when paid leave benefits are exhausted.
Employee Responsibilities
Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Company’s normal call-in procedures.
Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.
Employees may be required to provide a certification and periodic recertification supporting the need for leave. The Company may require second and third medical opinions at the Company’s expense. Documentation confirming family relationship, adoption, or foster care may be required. If notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in disciplinary action in accordance with the Company’s attendance guideline. Employees on leave must contact the People Operations Manager at least two days before their first day of return.
Intellipop will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the Company will provide a reason for the ineligibility.
The Company will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the Company determines that the leave is not FMLA-protected, the Company will notify the employee.
Unlawful Acts
FMLA makes it unlawful for the Company to:
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the Company. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
Intellipop complies with applicable state and federal law concerning leaves for military service. All employees applying for this leave must provide advance notice of the need for military leave, unless prevented from doing so by military necessity or if providing notice is impossible or unreasonable. Employees granted a military leave of absence are reinstated and paid in accordance with the laws governing veterans' re-employment rights.
Military Spousal Leave
Employees who regularly work more than 20 hours per week and have a spouse in the Armed Forces, National Guard or Reserves who has been deployed during a period of military conflict.
are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment.
Employees must request this leave in writing to their manager and People Operations within two business days of receiving official notice that their spouse will be on leave. Employees requesting this leave are required to attach to the leave request written documentation certifying the spouse will be on leave from deployment.
Up to two weeks paid leave per year is provided by Intellipop for employees who must attend reserve training. The appropriate notice and request process must be followed.
Employees who are volunteer firefighters, reserve police officers, peace officers, or emergency rescue personnel are entitled to unpaid time off to perform emergency rescue duty. Proper notice to your manager and People Operations is required as immediately feasible. Additionally, a total of 14 days of unpaid leave per calendar year is provided for training. Request for this leave for training is subject to the standard Time Off request and approval process.
Under special circumstances, employees may be granted a personal leave of absence without pay. The granting of this leave is normally for compelling reasons. The leave is dependent upon the written approval of your team lead or director and upper management, and is based on department work requirements, your performance history, and other factors.
To be eligible, you must have maintained a satisfactory record of employment with Intellipop throughout your employment with Intellipop. Employees who return from approved personal leave may be reinstated to a position of like status and pay if such a position is available and they are qualified. However, there is no job guarantee.