Page 44 - E3 Employee Handbook

Use of PTO under FMLA
It is the policy of E3 that if you are taking FMLA leave you must utilize all accrued paid time off (PTO) before
continuing leave on an unpaid basis. Any FMLA leave, whether paid, unpaid, or a combination thereof, will be
counted toward the 12-week or 26-week leave entitlement

Employee and Spouse Employed by E3.
In situations where both the employee and the employee’s spouse are employed by E3, a total of 12 weeks of leave
between both parties will be granted for birth, adoption, foster care placement or care for a parent with a serious
health condition. In situations where both the employee and the employee’s spouse are employed by E3, a total of
26 weeks of leave between both parties will be granted to care for a covered service member with a serious injury
or illness. If the leave is requested because of the serious health condition of a child or of the other spouse or
because of a qualifying exigency, each spouse is entitled to 12 weeks of leave.

Job Restoration under FMLA
Upon returning from FMLA leave, you will normally be returned to the same position you held when the leave
started, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment .
If you do not return to work at the end of an authorized leave, you may be subject to termination of employment.
In the event your position with E3 is affected by a decision or event not related to your leave of absence, e.g., job
elimination due to a reduction in force, you will be affected to the same extent as if you were not on leave.

Certain “key employees” as defined under the FMLA and applicable state/local law may not be eligible to be restored
to the same or an equivalent position after leave if doing so would cause substantial and grievous economic injury
to the operations of the organization. E3 will notify such employees of their “key employee” status and the
conditions under which job restoration will be denied, if applicable.

Continuation of Benefits under FMLA
The same medical, dental, and vision care benefits coverage provided to you on the day prior to taking FMLA leave
will be maintained for up to the twelve (12) weeks required for family and medical leave and qualifying exigency
leave, or up to the twenty-six (26) weeks required for military family leave, or as required by law, provided you
continue to pay the employee contribution for benefits. You will also be eligible for and subject to any new plans or
changes to the existing plans that take effect while you are out on FMLA leave. If you are on unpaid leave, you are
responsible for making your required premium payment to the E3 Human Resources Department.

You will continue to accrue paid leave benefits as long as you are using accrued PTO. When on FMLA leave, if you
use all of your PTO and must continue your leave of absence, the remainder of the FMLA leave will be unpaid (unless,
as noted below, such leave is covered by one of E3’s disability plans or workers’ compensation, etc.) and will continue
to count toward the 12-week or 26-week maximum, but will not accrue paid leave benefits.

Upon exhaustion of the applicable twelve (12) or twenty-six (26) workweeks of FMLA leave or if you fail to return to
work at the end of the leave, a loss of coverage will occur, and continuation of health care coverage would be offered
through COBRA or applicable state/local law. If you do not return from leave, you may be required, under certain
circumstances, to reimburse E3 for any employee contributions paid by E3 while you were on unpaid leave.

While on leave, you must continue to pay your contributions or loan payments for any applicable benefits, which
would otherwise be automatically deducted from your wages (e.g., supplemental life insurance, credit union loans,
and 401(k) loans). Contact E3 Human Resources for details regarding employee contributions.

The period of time you are on FMLA leave will be treated as continued service for purposes of vesting and eligibility
to participate under any available pension or retirement plan, if applicable.

Intermittent FMLA
Eligible employees can take FMLA leave as either a single block of time (for example, three weeks of leave for surgery
and recovery) or in multiple, smaller blocks of time if medically necessary. Eligible employees can also take FMLA

Information in this document is proprietary to E3 and should not be discussed with third parties without consent.
Printed copies are uncontrolled and for reference only.