Page 45 - Employee Handbook 4-1-2021

Certification
Jones-Hamilton Co. will request medical certification or other certification to support
the employee’s need for leave. Such certification will be requested prior to the
approval of leave and recertification may be requested periodically or if needed during
the leave. The employee must respond to such a requesting within fifteen (15) days of
the request or provide a reasonable explanation for the delay. Failure to provide
certification may result in a delay or denial of Family Medical leave or a cessation of
approved Family Medical Leave.

The provisions of the FMLA and related regulations and guidelines regarding the Jones-
Hamilton Co. ability to have a medical provider of its choice review requests for leave
and obtaining second or third opinions regarding certifications also apply. Jones-
Hamilton Co. also may require medical recertification pursuant to applicable law.
For employee’s FMLA leave for qualifying exigencies arising out of the fact the employee’s
spouse, parent, or child has been called to or is on covered active military duty as a member
of the National Guard or military reserves, a copy of the covered military member’s active
duty orders or other military documentation supporting the request for leave must be
provided to Jones-Hamilton Co., as well as the Department of Labor approved forms for
military-related leaves (which will be provided by Jones-Hamilton Co.).

Substitution of Paid Leave

All family/medical leave is unpaid and counts toward the employee’s annual FMLA leave. If
an employee qualifies for both FMLA leave and short-term disability or workers’
compensation leave, such short-term disability or workers’ compensation leave will run
concurrently with the FMLA leave. Jones-Hamilton Co. will not require the employee to use
paid leave while receiving short-term disability or workers’ compensation benefits. However,
during any initial waiting period for short-term disability or uncompensated period for
workers’ compensation, the employee will be required to use all accrued paid leave. Further,
if the employee no longer qualifies for short-term disability or workers’ compensation
benefits, but still has FMLA leave remaining, the employee will be required to use all accrued
paid leave before the employee begins unpaid leave.

Job Restoration

Upon return from FMLA leave, Jones-Hamilton Co. will reinstate the employee to the position
held prior to the leave or to an equivalent position with equivalent pay, benefits, and other
terms and conditions of employment, including the same or substantially similar
responsibilities and duties and substantially equivalent effort, skill, responsibility, and
authority. However, changes in assignments, duties, hours, and schedules may occur out
of business necessity. On reinstatement, the employee will have no greater rights than if
he or she had not taken leave. An employee on FMLA is not protected from actions that
would have affected the employee if he or she was not on FMLA leave (e.g., shift eliminated).

The employee must provide Jones-Hamilton Co. with notice prior to the employee’s expected
date of return from FMLA leave. If the employee’s FMLA leave was due to his or her own
serious health condition, the employee must provide medical certification that he or she is
physically able to return to work.
If the employee fails to return to work at the conclusion of the leave, Jones-Hamilton Co.
will consider the employee to have voluntarily resigned, effective on the last date of the
leave. Failure to return may result in loss of insurance coverage.

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