Reg de calificación de procedimiento de soldadura

The intent of the Family and Medical Leave Act (FMLA) is to allow employees to meet medical and family care needs while still maintaining job and economic security. SHA shall comply with all provisions of the FMLA. In accordance with the FMLA, eligible employees may take up to twelve (12) weeks of unpaid job-protected leave each year for specified family and medical reasons. A summary of the FMLA follows:

a. Employee Eligibility: In order to qualify for FMLA benefits, an employee must: i. Have worked for SHA for at total of at least twelve (12) months;

ii. Have worked at least 1,250 hours over the previous twelve (12) months; and iii. Work at a location where at least 50 employees are employed by SHA within 75

miles of each other.

b. Leave Entitlement: An eligible employee will be granted up to a total of twelve (12) weeks of unpaid leave during a twelve (12) month period for one or more of the following reasons:

i. The birth of a child and to take care of the newborn child;

ii. The placement with the employee of a child for adoption or foster care, and to care for the newly placed child;

iii. To care for an immediate family member (spouse, child, or parent, or as otherwise defined by federal or state law) with a serious health condition;

iv. The employee is unable to perform the essential functions of his or her job because of a serious health condition; or

v. Because of a qualifying exigency arising out of the fact that the employee’s immediate family member is a covered military member on active duty in support of an impending call or order to active duty in the National Guard or Reserves. c. Measurement of Leave Period

For the purposes of calculating the 12-month window period referred to above, SHA will measure the 12-month period on a “rolling” basis, backward from the date of an employee’s request for FMLA leave. Each time an employee takes FMLA leave, SHA will determine the total amount of FMLA leave used by the employee during the preceding 12 months, and the remaining time available to the employee will be the balance of the 12 weeks which has not been used. For example, an employee takes a 2-week FMLA leave between January 1 and January 15 of Year 1, and a 10-week FMLA leave between October 22 and December 31 of that same year. On January 1 of year 2, the employee is entitled to one day of FMLA leave since measuring backward 12 months to the previous January 1 would show that he or she has exhausted 11 weeks and 4 days of FMLA leave for the 12-month period. On January 2 of Year 2, the

employee would be entitled to another day and so on through January 15 of Year 2. On October 22 through December 31 of Year 2, the employee would be eligible for another 10 weeks of FMLA leave.

d. Definitions:

(1)”Serious health conditions” include an injury, illness, impairment, or a physical or mental condition that involves one of the following:

a. Inpatient care (an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care;

b. A period of incapacity of more than three (3) consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition that also involves: (i) treatment two or more times, within a thirty (30) day period, by a health care provider, a nurse, a physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of or on referral by a health care provider; or (ii) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider; c. Any period of incapacity due to pregnancy or for prenatal care;

d. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition which: (i) requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under the direct supervision of a health care provider; (ii) continues over an extended period of time (including recurring episodes of single underlying condition); and (iii) may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.);

e. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, severe stroke, or the terminal stages of a disease; or

f. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three (3)consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) or kidney disease (dialysis).

examination to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical exams, or eye or dental exams.

(3) A “regimen of continuing treatment” includes, for example, a course of prescription (e.g. an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines or salves; or bed-rest; drinking fluids, exercise and other similar activities that can be initiated without a visit to the health care provider.

(4) “Health care provider” means:

a. Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices;

b. Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a sublimation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practices, as defined under state law;

c. Nurse practitioners, nurse midwives, clinical social workers, and physicians assistants authorized to practice, and performing within the scope of their practices, as defined under state law;

d. Any health care provider from whom the Company or the Company’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for health benefits; or

e. A health care provider who practices in a country other than the U.S. who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law. d. Intermittent or Reduced Leaves:

FMLA leave may be taken intermittently or on a reduced schedule basis whenever medically necessary to care for a family member with a serious health condition or because the employee is unable to work due to a serious health condition. Generally, FMLA leave will be counted in increments of one hour. If any employee is out of work for an hour or more on FMLA eligible leave, he or she should discuss this fact with the Human Resources Department. In order to calculate accurate records for these days, Human Resources will ask any employee who will be or is absent from work whether the employee is absent due to an FMLA-qualified reason.

e. Scheduling

i. Other than leave for birth or adoption, leave may be taken intermittently when medically necessary, including leaves of less than one day. Employees who take intermittent leave may be required to transfer temporarily to another job with equivalent pay and benefits that are less disruptive of operations.

ii. If possible, an employee must give at least 30 day’s notice before taking leave and must make a reasonable effort to minimize the disruption of SHA’s operations. When leave is not foreseeable, notice must be given before the start of an employee’s shift (7:30 a.m. for maintenance employees and 8:00 a.m. or 8:30 a.m. for all other employees, depending on their approved work schedule), in compliance with Section 7.2 of this manual, or, when notice is impractical, such as during a medical emergency, as soon as practicable and ordinarily within 1 to 2 business days of when the employee learns of the need for the leave.

iii. Leave for birth or adoption must be scheduled for 12 consecutive weeks, unless SHA agrees to a different schedule, and must be completed within 12 months of the birth or adoption.

f. SHA will require employees to use sick leave, vacation leave, personal leave, etc. for family leave, and will require use of sick leave for personal medical leave. Such accrued leave does count toward the total 12 weeks the employer is required to provide.

g. Seniority and employment benefits do not accrue during leave; however, the employer must maintain the employee’s group health coverage. If the employee fails to return from leave the employer may recover the premium paid during the leave period.

h. Proof of Illness:

i. SHA may require medical certification for leaves involving a serious health condition affecting either the employee or a family member. This certification must include the date of the onset of illness, the probable duration and other appropriate medical facts. SHA will not seek genetic information, as defined by GINA, by making requests for proof of illness.

ii. Where an employee takes leave to care for a family member the certification must state that the employee is needed to care for the family member. This certification must include the date of the onset of illness, the probable duration and other appropriate medical facts.

iii. If SHA has reason to doubt the validity of a certification the employer may require a second opinion and periodic re-certification. If the health care providers disagree a third provider, approved jointly, will be the final authority of the matter. Second and third opinions are at SHA’s expense. However, SHA may not use a doctor or health care provider that it employs, on a regular basis, to supply second or third opinions. SHA may require the employee to obtain subsequent re- certification on a reasonable basis.

i. When employees return from leave they must be returned to their original positions or to positions with equivalent pay and benefits. An exception applied to highly compensated employees (top 10% within a 75-mile radius) where restoration would cause “substantial and

period. For example, an employee will not be restored to the job if the employee was hired for a specific term or project which has expired and SHA otherwise would not have continued to employ the employee.

The employee must notify the Human Resources Manager of their intention to utilize benefits outlined in the FMLA. All appropriate forms must be completed and submitted to the Human Resources Manager.

The FMLA does not affect any other federal or state law which prohibits discrimination nor does it supersede any state or local law which provides greater family or medical leave protection.