Page 43 - E3 Employee Handbook (April 2017)

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
leave on a part-time basis if medically necessary (for example, if after surgery you are able to return to work only
four hours a day or three days a week for a period of time). Leave taken after the birth or placement of a child for
adoption or foster care may be taken intermittently or on a reduced leave schedule only upon approval by Human
Resources.

If you need multiple periods of FMLA leave for planned medical treatment such as physical therapy appointments,
you must schedule the treatment at a time that minimizes the disruption to E3 and your job.

If you are requesting intermittent leave under the FMLA, you may be transferred temporarily to an available
alternative position with equivalent pay and benefits, or to a part-time position with an equivalent hourly rate and
benefits, if such a position better accommodates the need for intermittent leave/reduced schedule.

Worker’s Compensation and Disability Pay under FMLA
FMLA regulations do not permit the use of paid leave if you are receiving worker’s compensation, even to make up
the difference in pay or if requested by you. Any leave taken relative to Worker’s Compensation (WC) will be
designated as FMLA leave and will count against the 12-week FMLA allotment. Additionally, benefits continuation
will not be offered under Worker’s Compensation unless the WC leave runs concurrently with FMLA leave.

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.