Page 43 - nou Systems handbook Draft Rev13 (2021) (1)

qualifications, and exceptions under these laws, and each employee’s situation is
different. Contact Human Resources to discuss options for leave.

The FMLA requires private employers with 50 or more employees to provide eligible
employees up to 12 weeks of unpaid, job-protected leave in any 12-month period for
certain family and medical reasons. The 12-month period is a rolling period measured
backward from the date an employee uses any FMLA leave, except for leaves to care for
a covered service member with a serious illness or injury. For those leaves, the leave
entitlement is 26 weeks in a single 12-month period, measured forward from the date an
employee first takes that type of leave.

Employee Eligibility - The FMLA defines eligible employees as employees who: (1)
have worked for the Company for at least 12 months prior to the date on which leave is
to commence; (2) have worked for the Company for at least 1,250 hours in the 12
months preceding the leave; and (3) work at or report to a worksite which has 50 or more
employees or is within 75 miles of Company worksites that taken together have a total
of 50 or more employees. Leave under the CFRA will run concurrent for reasons (2) –
(4).
Basic Leave Entitlement - The FMLA requires covered employers to provide up to 12
weeks of unpaid, job-protected leave to eligible employees for the following reasons: (1)
for incapacity due to pregnancy, prenatal medical care, or childbirth; (2) to care for the
employee’s child after birth or placement for adoption or foster care; (3) to care for the
employee’s spouse, son or daughter, or parent who has a serious health condition; or (4)
for a serious health condition that makes the employee unable to work.

Definition of Serious Health Condition - A serious health condition is an illness, injury,
impairment, or physical or mental condition that involves either inpatient care in a medical
care facility, or continuing treatment by a health care provider for a condition that either
prevents the employee from performing the functions of the employee’s job or prevents
the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a
period of incapacity of more than three consecutive calendar days combined with at
least two visits to a health care provider or one visit and a regimen of continuing
treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.

Military Family Leave Entitlements - Eligible employees whose spouse, son, daughter
or parent is on covered active duty or call to covered active-duty status may use their 12-
week FMLA leave entitlement for certain qualifying exigencies. Qualifying exigencies may
include issues arising from short-notice deployment, attending certain military events and
related activities, arranging for alternative childcare and addressing school activities,
addressing certain financial and legal arrangements, attending certain counseling
sessions, rest and recuperation, post-deployment activities, and any additional activities
agreed to by the Company and the employee. The FMLA also includes a special leave
entitlement that permits eligible employees to take up to 26 weeks of leave to care for a

nSI Employee Handbook 43 Rev. 4 (2021))