Page 40 - nou Systems Employee Handbook Final

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, 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

nSI Employee Handbook 40 Rev. 4 (2021))