Page 45 - nou Systems handbook Draft Rev13 (2021) (1)

absent unusual circumstances preventing the notice. Employees must provide sufficient
information for the Company to determine if the leave may qualify for FMLA protection
and the anticipated timing and duration of the leave. Sufficient information may include
that the employee is unable to perform job functions, the family member is unable to
perform daily activities, the need for hospitalization or continuing treatment by a health
care provider, or circumstances supporting the need for military family leave. Employees
also must inform the Company if the requested leave is for a reason for which FMLA leave
was previously taken or certified. Employees also are required to provide a certification
and periodic recertification supporting the need for leave. The Company also may require
a second, and if necessary, a third opinion (at the Company’s expense), where the
Company has reason to doubt the validity of the initial medical certification. It is your
responsibility to furnish your health care provider with the necessary authorization for the
disclosure of medical information to the doctor(s) who will provide the second and third
opinions. You will have 15 calendar days from the Company’s request for certification to
provide it to the Company, unless it is not practical to do so, despite your good faith efforts.
The Company may require recertification from the health care provider if you request
additional leave upon expiration of the time period in the original certification. If you do
not provide medical certification in a timely manner to substantiate the need for family,
medical, or military caregiver leave, nou Systems may delay approval of the leave, or
continuation thereof, until certification is received. If certification is never received, the
leave may not be considered family, medical, or military caregiver leave. Where your need
for leave due to your own serious health condition, or the serious health condition of your
covered family member, lasts beyond a single leave year, the Company may require you
to provide a new medical certification in each subsequent leave year, consistent with
applicable law. Where the leave is for your own serious health condition, the Company
requires you to provide medical certification that you are fit for duty and able to return to
work. The Company may delay restoring you to employment or terminate you without
such a certificate.

Company Responsibilities - The Company will inform employees requesting leave
whether they are eligible under the FMLA/CFRA. If they are, the notice will specify any
additional information required as well as the employees’ rights and responsibilities. If
employees are not eligible, the Company will provide a reason for the ineligibility. The
FMLA makes it unlawful for any employer (1) to interfere with, restrain, or deny the
exercise of any right provided under the FMLA/CFRA; or (2) to discharge or discriminate
against any person for opposing any practice made unlawful by the FMLA/CFRA or for
involvement in any proceeding under or relating to the FMLA/CFRA.

FMLA/CFRA leave is unpaid. Employees may be entitled to receive government-
administered wage replacement benefits during FMLA/CFRA leave, such as California
State Disability Insurance (“SDI”), or California Paid Family Leave (“PFL”). All employees
may substitute accrued sick time for all family care and medical leaves (to the extent the
employee is not receiving pay from another source (such as a government administered
wage replacement benefit).

nSI Employee Handbook 45 Rev. 4 (2021))