Page 31 - Drive Thru Handbook 9-17

Compensation and Benefits During Leave

Family/medical leave is unpaid. However, for the first twelve (12) weeks of an approved
family/medical leave (or 26 weeks in the case of Service member Family Leave), you
will be permitted to continue participating in any health and welfare benefit plans in
which you are enrolled before the first day of leave at the level and under the conditions
of coverage as if you had continued to be actively employed for the duration of such
leave. The Company will continue to make the same premium contribution for your
health insurance as if you had continued working. The continued participation in health
benefits begins on the date your leave first begins.

You must pay your portion of the premium by the first of each month. Your health care
coverage will cease if your premium payment is more than 30 days late. If your
payment is more than 30 days late, we will send you a letter to this effect. If we do not
receive your co-payment within 15 days of the letter, your coverage may cease.

Your use of family/medical leave will not result in the loss of any employment benefit
that you earned before using family/medical leave.

Reinstatement

Under most circumstances, upon return from family/medical leave, you will be reinstated
to your original job or to an equivalent job with equivalent pay, benefits, and other
employment terms and conditions. However, you have no greater rights to
reinstatement than if you had been continuously employed rather than on leave. For
example, if you would have been laid off had you not gone on leave, or if your job is
eliminated during leave and no equivalent or comparable job is available, you will not be
entitled to reinstatement.

Reinstatement after family/medical leave may be denied to certain “key” highly
compensated employees under certain conditions. Employees requesting
reinstatement who were among the highest paid ten percent of salaried Company
employees within 75 miles of the worksite at which they worked at the time of the leave
request may not be reinstated to their former or equivalent position following leave if
restoration of employment will cause substantial and grievous economic injury to the
Company. This fact-specific determination will be made by the Company on a case-by-
case basis. The Company will notify you, in writing, that you qualify as a “key”
employee (as defined by FMLA) and that you may be denied reinstatement either when
you give notice of the need for FMLA leave or when FMLA leave commences,
whichever is earlier, and of the employee’s rights in such instances.

Returning from Leave

If you take leave because of your own serious health condition, (except if you are taking
intermittent leave) you are required to provide medical certification that you are fit to

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