Page 42 - nou Systems handbook Draft Rev13 (2021) (1)

4. With respect to the Company’s retirement plan, upon reemployment, employees who
have taken military leave will be credited for purposes of vesting with the time spent in
military service and will be treated as not having incurred a break in service. Immediately
upon reemployment, the employee may, at the employee’s election, make any or all
employee contributions that the employee would have been eligible to make had the
employee's employment not been interrupted by military service. Such contributions
must be made within a period that begins with the employee's reemployment and that is
not greater in duration than three times the length of the employee's military service.
Employees will receive all associated Company match for such contributions.

9.13.4 Returning from Military Leave
At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally
has a right to return to the same position held prior to the leave or to a position with like seniority,
status, and pay that the employee is qualified to perform. Every reasonable effort will be made
to return eligible employees to their previous position or a comparable one. Such employees will
be treated as though they were continuously employed for purposes of determining benefits
based on length of service, such as the rate of PTO accrual, and job seniority rights.

9.13.5 Exceptions to Reemployment
In addition to the employee's failure to apply for reemployment in a timely manner, an employee
is not entitled to reinstatement as described above if any of the following conditions exist:

• The Company’s circumstances have so changed as to make reemployment impossible or
unreasonable
• Reemployment would pose an undue hardship upon Company
• The employee's employment prior to the military service was merely for a brief, non-
recurrent period and there was no reasonable expectation that the employment would
have continued indefinitely or for a significant period
• The employee did not receive an honorable discharge from military service

Under USERRA, employees are only entitled to protection during cumulative periods of military
leave of up to 5 years, but there are many exceptions to this general limitation. For example,
leave time for active duty by order of a Presidential declaration would normally NOT count as
part of the 5-year period.

9.14 FMLA Leave Overview

nou Systems complies with the federal Family and Medical Leave Act (FMLA) and (as to
employees in California), the California Family Rights Act (CFRA), which require
employers to grant unpaid leaves of absence to qualified workers for certain medical and
family-related reasons. The Company also abides by any state and local leave laws. The
more generous of the laws will apply to the employee if the employee is eligible under
both federal and state laws although where applicable, leaves of absence under federal
and state law will run concurrently. Please note there are many requirements,

nSI Employee Handbook 42 Rev. 4 (2021))