Family Medical Leave Act (FMLA) of 1993 for Employees Subject to Collective Bargaining Agreements
(Revised January 1, 2004)
^Top
Purpose
To
outline conditions and procedures under which eligible employees may
take limited periods of time off without pay or must concurrently use
paid leave for certain qualifying medical and family-related reasons.
^Top
I. Definition
A
family and/or medical leave of absence is defined as an approved
absence available to eligible employees not to exceed 12 weeks per year
and limited to circumstances that are critical to the life and
well-being of a family. Leave may be taken:
- Upon the birth of the employee's child;
- Upon the placement of a child with the employee for adoption or foster care;
- When the employee is needed to care for his or her child, spouse, or parent who has a serious health condition; or
- When the employee is unable to perform the essential functions of his or her position because of a serious health condition.
^Top
II. Scope
The
provisions of this policy will benefit all eligible Union Pacific
Railroad employees subject to collective bargaining agreements and
apply to all absences designated as FMLA related.
2.1. The following will apply when an employee requests FMLA leave:
a.
If the requested leave relates to an employee’s own condition, any
accrued sick leave must first be used concurrently with FMLA leave.
b.
When the employee has used all accrued sick leave or if the employee is
not entitled to sick leave, the employee must use accrued personal
leave or vacation concurrently with FMLA leave for his/her own serious
health condition; and
c. The employee must use any accrued
personal leave or vacation concurrently with FMLA leave for the birth
or placement of a child or the care of his/her spouse, child, or parent.
2.2.
FMLA leave time used concurrently with accrued vacation, accrued
personal leave, and accrued sick leave will count against the 12 weeks
of leave permitted under FMLA.
^Top
III. Eligibility
An
employee is eligible for FMLA leave if (1) he or she has been employed
for at least 12 months and (2) has at least 1,250 hours of service
during the 12-month period immediately preceding the start of the
leave. The 12 months of employment do not need to be consecutive. If an
employee is maintained on the payroll for any part of a week, the week
will count as a week of employment. For purposes of determining whether
intermittent employment qualifies for meeting the 12-month period, 52
weeks is deemed equal to 12 months.
^Top
IV. FMLA Leave Entitlement
An employee is eligible for up to 12 weeks of FMLA leave in each calendar year.
4.1.
Leave may be taken intermittently or on a reduced leave schedule when
it is medically necessary and the employee is required to care for a
family member with a serious health condition or the employee is taking
FMLA leave for his or her own serious health condition.
4.2.
When leave is taken for the birth or placement of a child, leave cannot
be taken on a reduced leave schedule or intermittent basis. Under such
circumstances, leave must be taken in a single block of time and within
one year of the qualifying event.
4.3. A husband and wife who are both employed by the Company are each entitled to 12 weeks of FMLA leave.
^Top
V. Serious Health Condition Requirements
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves:
5.1. Inpatient care in a hospital, hospice, or residential care facility; or
5.2. Continuing treatment by a healthcare provider involving:
a)
a period of incapacity of more than three consecutive calendar days,
and any subsequent treatment or period of incapacity relating to the
same condition that also involves:
- treatment two or more times by a healthcare provider; or
- treatment by a healthcare provider on at least one occasion that results in a regimen of continuing treatment.
b) any period of incapacity due to pregnancy or for prenatal care;
c)
any period of incapacity or treatment due to a chronic serious health
condition(including a condition that may cause episodic rather than a
continuing period of incapacity);
d) a period of incapacity that is permanent or long term due to a condition for which treatment may not be effective; and
e) any period of absence to receive multiple treatments by a healthcare provider.
^Top
VI. FMLA Notice Requirements
Employees
should provide maximum advance notice of their intentions to take FMLA
leave to allow for the time necessary to reassign duties or otherwise
fill the assignment. Written notice is encouraged. FMLA forms can be obtained from the UP Website under HR/Benefits or from the employee’s supervisor.
6.1.
Employees must give 30-days advance notice of the need for FMLA leave
when it is foreseeable for the birth or placement of a child, or for
planned medical treatment.
6.2. When 30-days advance notice is
not possible, notice is required as soon as practicable, ordinarily
within one or two workdays of when the employee learns of the need for
leave.
6.3. When planning or scheduling medical treatment, an
employee should consult with his or her supervisor and make reasonable
efforts to schedule the leave so as not to unduly disrupt operations.
6.4.
In the case of an intermittent or reduced leave schedule, the employee
must provide the reasons why the taking of intermittent or reduced
schedule leave is necessary and provide the schedule for treatment to
allow an opportunity to reassign duties or otherwise fill the
assignment.
6.5. When unforeseen events require FMLA leave,
employees must give notice as soon as practicable, ordinarily within
one or two working days of learning of the need for leave. Notice
should be given either in person or by telephone when medical
emergencies are involved and may be given by the employee’s spouse or
other family member if the employee is medically unable to provide
notice.
6.6. If an employee fails to give 30-days notice for
foreseeable leave and has no reasonable excuse for the delay, FMLA
leave may be delayed until at least 30 days after the date the employee
provides notice of the need for FMLA leave.
^Top
VII. Conditions of Leave and Certification of Medical Need
An
employee requesting an absence for family or medical reasons must
explain, at the time of the request, the reasons for the requested
leave to allow for a determination as to whether it qualifies as
FMLA-related leave. The Company will require medical certification from
the physician or other healthcare provider to support the need for FMLA
leave covering the employee's own serious health condition or to
establish the need for the employee to care for a family member with a
serious health condition. At the time leave is requested, the employee
will be advised of the need for medical
certification and will be
provided with a form to be completed by the physician or other
healthcare provider. Subsequent requests for recertification may occur
at 30-day intervals and may be verbal.
7.1. For the employee's
own FMLA medical leave, the certification must include a statement from
a physician or other healthcare provider stating that the employee is
unable to perform the essential functions of his or her position.
7.2.
For leave to care for a child, spouse, or parent with a serious health
condition, the medical certification must also state that the employee
is needed to care for the sick family member and include an estimate of
the amount of time the employee is needed to provide such care.
7.3.
If leave is requested on an intermittent or reduced leave schedule for
the employee's own serious health condition or for that of a family
member, the physician or other healthcare provider must state that the
taking of leave on this basis is medically necessary.
7.4. The
Company may require a second medical opinion at its expense. If the
first and second opinions differ, the Company, again at its expense,
may call for the binding opinion of a third physician or healthcare
provider, approved jointly by the Company and the employee.
7.5.
In the case of foreseeable leave, an employee who fails to provide
timely certification (within 15 days of the Company's request, if
practicable) may have the taking of leave delayed until the required
certification is provided.
7.6. When the need for leave is not
foreseeable, the Company may revoke a provisional FMLA leave if the
employee fails to provide medical certification within the requested
time frame (no more than 15 days from the date of the Company's request
for the certification or as soon as reasonably possible).
7.7. FMLA leave is not authorized to care for an in-law with a serious medical condition.
^Top
VIII. Maintenance of Benefits
An
employee's healthcare coverage will be maintained by the Company during
FMLA absences to the same extent that coverage was provided prior to
the leave.
8.1. Any portion of the health plan premiums which
had been paid by the employee prior to FMLA leave must continue to be
paid by the employee during the FMLA leave period and handled in the
same manner as for other periods of unpaid leave.
8.2. When
vacation, personal days, or sick leave is taken concurrently with FMLA
leave, the employee's share of healthcare premiums will be paid in the
normal manner through payroll deductions.
8.3. Medical and
dental benefits may be continued during an FMLA leave of absence by the
employee making his/her applicable monthly contributions to UPRR to
cover the cost of participation in the plan. If an employee's health
insurance premium is more than 30 days late, UPRR will mail a written
notice advising such employee that the payment has not been received.
Fifteen days after the notice has been mailed, UPRR will discontinue
the employee's health insurance benefits while on FMLA leave. Upon
returning from leave, the employee will be reinstated on the same terms
and conditions as prior to taking leave without having to fulfill any
qualifying period or physical examination.
8.4. Except as
required by the Consolidated Omnibus Budget Reconciliation Act of 1986
(COBRA), the Company's obligation to maintain health benefits under
FMLA ceases if and when the employee (1) informs the Company of his or
her intent not to return from leave; (2) fails to return from leave and
thereby terminates employment; or (3) the employee exhausts his or her
FMLA leave entitlement.
8.5. The Company may recover
healthcare premiums from an employee who does not return to work after
FMLA leave, unless the employee can show that the failure to return is
due to the continuation, recurrence, or onset of an FMLA qualifying
serious health condition or due to circumstances beyond the employee's
control.
^Top
IX. Reinstatement Rights
An
employee returning from FMLA leave is entitled to be returned to the
same position held prior to taking FMLA leave or to an equivalent
position with the same pay and benefits.
9.1. Employees will return to service as provided for under applicable collective bargaining agreements.
9.2.
An employee returning to service after FMLA leave has no greater right
to reinstatement or to other benefits and conditions of employment than
if he or she had been continuously employed during the FMLA leave.
9.3.
Upon return from FMLA leave, an employee's benefits will be at the same
level as before the leave began subject to any changes in benefit
levels that may have taken place during the period of leave.
^Top
X. Fraudulent FMLA Leave
An
employee who fraudulently obtains FMLA leave is not protected by the
FMLA’s job restoration or maintenance of healthcare benefits provisions.
^Top
XI. Failure to Return from Leave
The
failure of an employee to return to work upon expiration of FMLA leave
will subject the employee to termination in accordance with the
applicable collective bargaining agreement.
^Top
XII. State and Local Laws
FMLA provisions do not supersede provisions of state or local law that provide greater family or medical leave rights.
^Top
XIII. Need for FMLA Leave or Questions
Employees
requiring FMLA-related absences should contact their supervisor. The
Company has the authority and responsibility to administer this leave
policy, including deciding which absences from work will be charged as
FMLA leave time. Questions concerning the FMLA or Union Pacific
Railroad's policy and procedures for implementing the Act should be
referred to the Director Labor Relations Program Administration,
544-4179, or Manager EEO/AA, 544-3043.
^Top
XIV. Changes in Policy
The Company reserves the right to modify the terms of this policy where benefits extended exceed FMLA requirements.
^Top
XV. Miscellaneous
Nothing
in the family leave policy insulates an employee from the application
of any other Company policies. For example, an employee on leave
remains subject to all changes that occur in the Company's healthcare
program and is subject to all other employment-related policies of
general applicability.
|
