Family and Medical Leave Policy

In compliance with the Family and Medical Leave Act (FMLA), PMG provides unpaid leaves of absence to eligible employees as set forth below.

Amount and Use of Family and Medical Leave

An eligible employee will be granted up to twelve (12) workweeks of unpaid family and medical leave during a rolling twelve (12) month period for one or more of the following reasons:

To care for the employee’s spouse, child or parent who has a serious health condition;

(b)Due to a serious health condition that renders the employee incapable of performing the essential functions of his/her job;

(c) Birth of the employee’s child and in order to care for that child;

(d) Placement of a child with the employee for adoption or foster care.

The twelve (12) month period is computed on a rolling basis. The twelve (12) month period is measured backward from the first date an employee uses family and medical leave.

Definitions

The term “serious health condition” means an illness, injury, impairment or physical or mental condition which involves: (a) inpatient care in a hospital, hospice or residential medical care facility; (b) continuing treatment by a health care provider involving: (i) a period of incapacity for more than three consecutive calendar days, and any subsequent treatment or incapacity relating to that condition, that also involves: (A) treatment two or more times by a health care provider (the two visits must occur within thirty days of the start of the period of incapacity and the first visit must occur within seven days of the start of incapacity); or (B) 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 (the first visit must take place within seven days of the start of incapacity); (ii) any period of incapacity due to pregnancy or for prenatal care; (iii) any period of incapacity due to a chronic serious health condition (employee must make at least two visits to a healthcare provider per year); (iv) any period of incapacity that is permanent or long term due to a condition for which treatment may not be effective; (v) any period of absence to receive multiple treatments by a health care provider for a condition that would likely result in a period of incapacity for more than three calendar days in the absence of medical intervention or treatment.

Ordinarily, unless complications arise, the common cold, flu, ear aches, upset stomach, minor ulcers, headaches, routine dental and orthodontia problems, periodontal disease and routine physical examinations are not serious health conditions and do not qualify for leave under this policy.

“Health Care Provider” means a licensed doctor of medicine or osteopathy or as otherwise defined by the U.S. Department of Labor.

Restrictions

Family and medical leave is not available to an employee to care for a child, unless the child has a serious health condition, after twelve (12) months have lapsed from the date of birth, adoption, or foster placement of the child.

In the event PMG employs a married couple, the couple is limited to a total of twelve (12) workweeks of family and medical leave in a twelve (12) month period if the reason for the leave is: (1) due to a serious health condition of the employee’s parent; (2) due to the birth of the employee’s child and in order to care for that child; or (3) due to adoption or foster placement of a child and to care for that child.

TWO NEW SPECIFIC TYPES OF LEAVE ARE INCLUDED IN THE FMLA:

1.Qualifying Exigency Leave: this will arise when the employee’s spouse, child or parent is on active duty or ordered to active duty in the Armed Forces (including National Guard, Reservists, and the Regular Armed Forces). A qualified exigency exists when there are: (1) issues arising from a covered military member’s short notice of deployment; (2) military events and related activities; (3) childcare and related activities; (4) making or updating financial and legal arrangements to address a covered military member’s absences; (5) attending counseling; (6) taking up to five days of leave to spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during deployment; (7) attending to post-deployment activities; and (8) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status;

An eligible employee will be granted up to twelve (12) workweeks of unpaid qualifying exigency leave during a rolling twelve month period, measured backward from the first date an employee uses the leave.

An eligible employee may not take twelve (12) workweeks of family and medical leave AND twelve (12) workweeks of qualifying exigency leave. The total amount of combined leave under the family and medical leave and qualifying exigency leave is twelve (12) workweeks.

2.Service Member Family Leave: this will arise whenever there is need to care for a member of the regular Armed Forces, National Guard or Reserves, or a veteran who served in the regular Armed Forces, National Guard, or Reserves within five (5) years of the treatment, 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 incurred in the line of duty on active service. In order to be covered under this provision, the covered service member must be the employee’s spouse, child, parent, or next of kin (defined as the closest blood relative). In such circumstances, the eligible employee is entitled to a combined total of up to six months (26 weeks) of leave to provide care for the injured.

For service member family leave only, the single 12-month period begins on the first day that the employee takes leave for this reason and ends twelve (12) months later, regardless of the twelve (12) month period established by the employer for the other types of FMLA leave.

Employees receive EITHER twelve (12) workweeks of family and medical leave/qualifying exigency leave and fourteen (14) workweeks of service member family leave OR twenty-six (26) workweeks of service member family leave. Employees are not entitled to twenty-six (26) workweeks of service member family leave and an additional twelve (12) workweeks of family and medical leave/qualifying exigency leave during any one year period.

Eligible Employee

An eligible employee is an employee who has been employed by PMG for at least twelve (12) months and has worked at least 1250 hours in the last twelve (12) months in the period immediately preceding the leave requested.

The twelve (12) months need not be consecutive, but employment prior to a continuous break in service of seven years or more need not be counted unless the service is (1) due to an employee’s fulfillment of military obligations or (2) governed by a written agreement indicating that the employer intends to rehire the employee.

Use of Paid Time Off

Any eligible employee who is granted leave is required to substitute and use any available accrued paid leave concurrently with the leaves under this policy.

Request for Leave

Except where leave is not foreseeable, employees requesting leave under this policy should request in writing the need for leave on PMG’s standard leave form. The employee should specify on the form that he/she is requesting leave under this policy. Within five (5) business days of the submission, PMG will issue a notice to the employee stating the employee’s eligibility.

(a)Planned Medical Treatment. In the event the requested medical leave is foreseeable due to a planned medical treatment, the employee must:

(1)Consult with Human Resources prior to the scheduling of the treatment so as to minimize the disruption to PMG; and

(2)Provide PMG with at least thirty (30) calendar days notice prior to the date the leave is to begin, unless the planned medical treatment requires the leave to begin in less than thirty (30) calendar days, then within one (1) business day after the employee becomes aware of the need for the leave. PMG may require an explanation as to why it was not possible to give thirty (30) calendar days notice.

(3)If an employee fails to provide thirty (30) days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until timely notice has been given.

(b)Unforeseeable Medical Condition. An employee who requires leave due to an unforeseeable medical condition must notify PMG according to PMG’s usual and customary reporting procedures.

(c)Birth or Placement. In the event the leave is foreseeable based upon expected birth or placement, an eligible employee must provide PMG with at least thirty (30) calendar days notice prior to the approximate date the leave is to begin. If the birth or placement requires the leave to begin in less than thirty (30) calendar days, then the employee must provide notice within one (1) business day after the need for the leave becomes known to the employee.

(d) Qualifying Exigency. An employee who requires leave due to a qualifying exigency must provide PMG with notice that is reasonable and practicable.

(e)Service member Family Leave. An employee who requires leave due to service member family leave must provide PMG with notice that is reasonable and practicable.

Intermittent or Reduced Leave

Leave may be taken on an intermittent or a reduced leave schedule basis when medically necessary and subject to certification requirements.

An employee using leave on an intermittent or reduced leave schedule basis may be transferred temporarily to an available alternative position for which the employee is qualified and which better accommodates reoccurring periods of leave than the employee’s regular position.

Leave may not be used on an intermittent or reduced leave basis if the reason for the leave is due to the birth of the employee’s child, to care for that child, or due to adoption or foster placement of a child, unless leave on an intermittent or reduced leave basis is requested in advance in writing by the employee and approved by Human Resources.

Certification for family and medical leave and service member family leave

An employee must provide to PMG, within fifteen (15) calendar days after requested by PMG, a certification form that supports the request for leave. These forms may be obtained from Human Resources. PMG will notify an employee in writing if the certification is incomplete and what information is required to complete the certification. The employee will have seven (7) calendar days to complete the certification. If the employee chooses to provide PMG with authorization to communicate directly with his/her health care provider, PMG may contact the health care provider for purposes of clarification and authentication of an incomplete or insufficient certification.

Such contact must be made by a health care provider, human resources professional, leave administrator or management official of PMG.

If the employee requires more leave than originally estimated, he/she will need to file an additional leave request form and a medical recertification.

Recertification for family and medical leave and service member family leave

PMG may request recertification in the following situations: (a) every thirty (30) calendar days (except when the minimum period of incapacity specified on the certification is more than thirty (30) days); (b) whenever circumstances described by the previous certification have changed significantly; (c) whenever PMG receives information that casts doubt on the original certification; (d) whenever the employee requests an extension of the leave. Any recertification requested by PMG will be at the employee’s expense.

Second and Third Opinions for family and medical leave and service member family leave

In the event PMG doubts the certification provided by the employee, PMG may require the employee, at PMG’s expense, to obtain a second opinion from a health care provider designated by PMG.

If the second opinion differs from the original certification provided by the employee, then PMG may require, at its expense, that the employee obtain a third opinion from a third health care provider mutually agreeable to PMG and the employee. The opinion of the third health care provider is final.

Health Benefits

Health benefits in which an eligible employee is participating in on the date the leave begins will be continued during the leave at the level and under the conditions that coverage would have been provided if the employee was not on leave.

The employee is responsible for paying his or her portion of the monthly insurance premiums, which are due on the date the premium payments would have been made if by payroll deduction. If an employee fails to pay his or her portion of the monthly premium payments, PMG may cancel health benefits coverage retroactively to the date the unpaid premium was due.

In the event an eligible employee fails to return to work after the expiration of their leave, then the employee must reimburse PMG for its portion of the monthly insurance premiums paid for the employee unless the reason the employee fails to return to work is due to either:

the continuation, recurrence or onset of a serious health condition; or

any other reason beyond the control of the employee

Return to Work

An employee returning to work from a leave of absence due to his or her own serious health condition must be able to perform the essential functions of the employee’s job. If a reasonable accommodation is required, the employee must notify Human Resources. Prior to an employee returning to work from a family and medical leave of absence, which was necessitated due to the serious health condition of the employee, the employee must provide to PMG a certificate from the employee’s health care provider that the employee is able to resume work and perform the essential functions of his/her job. The certificate must contain at least the following information: (1) that the employee is released to return to work; (2) restrictions, if any; (3) basis for the restrictions; (4) expected date the restrictions are to be lifted; and (5) health care provider’s signature.

If an employee desires to return to work before the employee’s leave of absence ends, the employee must contact Human Resources at least ten (10) business days prior to the date the employee desires to return to work.

An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms. The position will be the same or one that entails substantially equivalent skill, effort, responsibility, and authority.

Expiration of Leave

If an employee is granted a leave of absence, the employee is expected to return to active employment upon expiration of the leave of absence. If the employee does not return to work at the end of the leave for whatever reason and all available leave has been exhausted, the employee’s employment can be terminated.

Upon expiration of the maximum length of the family and medical leave of absence, if an employee is still unable to return to work with no restrictions which would prevent the employee from performing the essential functions of his or her job with a reasonable accommodation and all available leave has been exhausted, employment will be terminated.

Other Employment

In the absence of prior approval from PMG, outside employment or supplemental employment while on leave is prohibited. If an employee believes the special circumstances surrounding his leave create the need and/or possibility for outside employment, the employee must contact Human Resources for approval for such employment. Violation of this policy may result in denial of continued leave or termination of employment.

Policy No.  601  Issued  10/24/2005  Applicable  11/23/2009