Page 33 - Drive Thru Handbook 9-17

• Incapacity for pregnancy or prenatal care (any such incapacity is FMLA-
protected regardless of the period of incapacity). For example, a pregnant
employee may be unable to report to work due to severe morning sickness.
• Permanent or long-term conditions such as Alzheimer’s, severe stroke or
terminal disease.

• Conditions requiring multiple treatments and recovery from treatments, such
as cancer, severe arthritis and kidney disease.
• Treatment for substance abuse by a health care provider or by a provider of
health care services on referral by a health care provider.

“Continuing treatment,” is defined by the FMLA and section § 825.115 of the Code of
Federal Regulations. “Health care provider” is defined by the FMLA and section §
825.125 of the Code of Federal Regulations.

“Needed to care for” a family member encompasses: (1) physical and psychological
care of a child, spouse or parent with a serious health condition; and (2) where the
employee is needed to fill in for others providing care or to arrange for third party care of
a child, spouse or parent who is receiving inpatient or home care.

The phrase “unable to perform the functions of his/her job” means an employee is:
(1) unable to work at all; or (2) unable to perform any one of the essential functions of
his/her position at the time notice is given or leave commenced, whichever is earlier.
The term “essential functions” is borrowed from the Americans with Disabilities Act
(“ADA”) to mean “the fundamental job duties of the employment position,” but does not
include the marginal functions of the position.
Integration With Other Benefits and Relationship To Other Types of Leave

FMLA leave taken under this policy runs concurrently with:

• Any family and medical leave that is available to you pursuant to the
California Family Rights Act (“CFRA”);
• Any Pregnancy Disability Leave that is available to you pursuant to California
law;
• Any Workers’ Compensation leave that is available to you; and

• Any other paid leave for a serious health condition that is available to you.

FMLA leave for military families is in addition to and does not run concurrently with:

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