Page 64 - 2019 - erbe employee handbook.draft national
P. 64
So that the employee's return to work can be properly scheduled, if an employee on FMLA leave is able to return prior to the scheduled return date, he or she will be required to provide Erbe with at least two (2) workdays’ notice of the date the employee intends to return to work.
An employee on leave for his or her own serious health condition will be required to present a fitness-for duty certificate prior to returning to work. If such certification is not submitted as required, the employee's return to work may be delayed accordingly.
Non-Interference and Non-Retaliation
In accordance with the requirements of FMLA, Erbe will not interfere with, restrain, or deny the exercise of any right provided under FMLA. Erbe will also not tolerate any retaliation against any employee exercising his or her rights under FMLA or against any employee opposing any practice made unlawful by FMLA or against any employee participating in any proceeding related to FMLA.
If an employee believes he or she has been discriminated or retaliated against, he or she must report it to Erbe’s Human Resources Department. The FMLA provides that an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family medical leave rights.
Maternity and Parental Leave
Erbe recognizes that employees may need to be absent from work to care for a newborn child or new adopted or foster child (referred to as parental leave in this policy), or due to a pregnancy- related condition (referred to as maternity leave in this policy). Erbe provides maternity and parental leaves of absence to all eligible employees in accordance with the Family and Medical Leave Act (FMLA), Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), and any applicable state law.
Employees who need to take parental leave for the birth of the employee’s child or to care for a new adopted or foster child, should provide advance notice to their supervisor and Human Resources. When possible, employees should give at least 30 days’ notice of the request for leave. If 30 days’ notice is not possible because of medical necessity or for other reasons, employees should give as much advance notice to their direct supervisor or Human Resources as possible.
Employees who are suffering from a pregnancy-related disability and require reasonable accommodation (which may include leave) for this purpose, please speak with Human Resources to discuss a reasonable accommodation. Employees will be required to submit medical certification of the disability and need for reasonable accommodation.
Maternity leaves will be compensated consistent with the amount of time approved through the short-term disability benefit, and in accordance with applicable provisions of the Family Medical Leave Act, the Americans with Disabilities Act, and any other federal, state and local laws. Nothing in this Policy diminishes employee’s rights under those laws.
64 | Time Away from Work Confidential/Internal Use Only