Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) is federal legislation that allows employees to take time off from work for certain medical or family reasons.
To be eligible for FMLA leave, you must satisfy three conditions:
- You report to a facility that:
- Employees 50 or more employees, or
- Is located within a 75-mile radius of other Company facilities that have a combined total of 50 or more employees
- You have been employed by Canon Medical Systems for at least 12 months (does not have to be consecutive)
- You have worked at least 1,250 hours in the 12 months before FMLA leave begins
The following information is a summary of FMLA leaves. Specific guidelines apply to FMLA leaves that are not described here. For additional details, see the Department of Labor's Employee's Guide to the Family and Medical Leave Act, or contact the Benefits Department.
Highlights of FMLA Leave
- Your leave will be unpaid, however, other paid benefits such as sick leave or Short Term Disability may apply during the FMLA leave.
- You may take up to a total of 12 weeks for most leaves during the 12-month period beginning from the date of your first FMLA leave.
- You are entitled to continued health care and life insurance coverages during your leave if you pay your employee share of the premiums.
- Upon a timely return from leave, you will be reinstated to your previous or equivalent job and pay unless your position would have been eliminated had you not taken the leave. This is called "job protection."
FMLA allows employees to take a leave of absence for the following reasons:
- To bond with a new child following birth or placement for adoption or foster care.
- To care for a parent, spouse/domestic partner, child, or child of a domestic partner with a serious health condition.
- When you are unable to work because of your own a serious health condition
- To deal with "a qualifying exigency" arising from a spouse's, child's, or parent's active duty or called to active duty status in a foreign country for the Armed Forces, or called up for or on active duty status with the National Guard or Military Reserves or as a retired member of the Armed Forces or Reserves in support of a contingency operation.
- Military Caregiver Leave, which allows you to care for a parent, spouse, child, or next of kin of a covered service member who is recovering from a serious illness or injury sustained during active duty (up to 26 weeks of leave in a single 12-month period, and is combined with all other FMLA leaves in that period). A covered service member is a current member, a veteran, or a member on the temporary disability retired list of the Armed Forces, the National Guard or Reserves.
A serious health condition is an illness, injury, impairment, or physical or mental condition—including pregnancy—that involves inpatient care or continuing treatment by a health care provider. Typical serious health conditions may include heart attack, heart surgery, strokes, appendicitis, severe arthritis, severe nervous disorders, complications resulting from surgery, cancer, and conditions which require hospital confinement.
If the leave is for your own or a family member's serious health condition, a health care provider must certify the following information in writing:
- The date the condition began
- The expected duration of the condition
- Any applicable medical facts about the condition
- Confirmation that you are needed to care for the family member, unless the leave is for your own health condition
Be aware that other documentation may be requested by the leave administrator (Lincoln Financial) as necessary, such as a fitness for duty report in order for you to return to work. Additionally, if the Company requires a second or third medical opinion, the company will pay the cost. Your FMLA leave may be denied if you do not provide the required certification and any other requested documentation of your or a family member's health condition to the leave administrator.
All FMLA leaves must be approved by your immediate supervisor, the corporate Benefits Department, and the leave administrator.
During your leave, your health care (medical, dental, and vision) and life insurance benefits can continue as if you were actively working. To continue your coverage, you must pay your share of the health care insurance premium and 100% of the supplemental life insurance premiums (supplemental life, dependent life, and optional AD&D). You may also continue your flexible spending account contributions, however if your leave is longer than two weeks, you cannot claim reimbursement from your Dependent Care FSA for expenses you incurred during your absence. The Benefits Department will help you make arrangements for paying your insurance premiums. While you will not accrue new vacation pay, holiday pay, seniority, or other benefits during your leave, you may be able to continue making contributions to your 401(k) retirement plan to the extent permitted by that plan.
If you do not return to work at the end of your leave, you will be required to pay back any money that the Company has paid on your behalf for your health care coverage, unless a serious health condition or special circumstances prevented your return.
The Company requires the use of sick leave and/or vacation during some or all of the 12- or 26-week FMLA leave period, as long as the policy requirements for the paid time off are met. The Company requires the use of paid leave to supplement disability or workers’ compensation benefits, if permitted by applicable state laws and plan provisions. Remaining FMLA leave must be taken on an unpaid basis.
Any period of time for which sick time, vacation, or short term disability (STD) benefits are used will not extend the length of your FMLA leave. If your leave is to care for a spouse/domestic partner, child, domestic partner's child, or parent, you will be paid any vacation you have accrued until it is used up. The remainder of your FMLA leave will be unpaid.
If your leave is for your own serious health condition, the following will apply:
- If you have elected STD coverage, you will first be paid with a combination of your unused sick leave (if applicable) and STD benefits for which you may be eligible. When your sick leave runs out, you will then receive any unused vacation pay in combination with your STD benefits.
- If you have not elected STD coverage, you will first be paid with your unused sick leave. When your sick leave runs out, you will then be paid for any unused vacation you have left.
- When your vacation pay runs out, the balance of your FMLA leave will be unpaid.
If you live in a state that provides disability benefits, they will also be coordinated with any applicable sick leave, STD, and vacation pay.
In addition, eligibility for bonuses or awards may be affected for individuals who have not met their specific goal(s) as a result of taking an FMLA leave.
You may take up to a total of 12 weeks of unpaid leave during the 12-month period starting from the date your first day of FMLA leave begins, except as follows:
- California employees who are disabled by pregnancy, childbirth, or related medical conditions, may be eligible for additional leave
- Employees caring for a wounded service members of their family are eligible for 26 weeks of leave in a single 12-month period
If your leave is for the birth, adoption, or the placement of a foster child, your leave must be taken on a continuous basis.
If your leave is for the care of your own serious health condition or that of a spouse, child, or parent, you may take your leave on an intermittent basis or on a reduced work schedule, as medically necessary. You should make a reasonable effort to schedule medically necessary intermittent leave so it does not unduly disrupt company operations. A reduced work schedule is either part of a workday or part of the workweek.
While on leave, you must report your status to your supervisor a minimum of every two weeks.
You must provide a doctor's work release BEFORE returning to work—this is MANDATORY. The release must state if you are released to full-duty, or if you have any work restrictions. If you have work restrictions, the doctor must specify the work restrictions and duration. Your manager and the Legal Department must approve any work restrictions before you are permitted to work.
At the end of your leave, you must either return to work on the first workday following the end of your leave or get an approved extension. The Company may terminate your employment if you do not return to work after your leave or if you make a misrepresentation in order to obtain or continue leave.
Under the law, you are entitled to return to your previous—or an equivalent—job unless your position would have been eliminated had you not taken the leave. Additionally, your pay and benefits you had prior to your leave will remain at their pre-leave levels upon your return to work.
| WHAT YOU NEED TO DO |
WHEN |
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BEFORE YOUR LEAVE BEGINS
Inform your supervisor that you wish to take a leave of absence.
Call the leave and disability administrator, Lincoln Financial, at 844-243-7758 to begin the leave of absence process and file your short term disability claim (if applicable)
Lincoln Financial will designate your leave of absence. Depending on your leave type, Lincoln Financial will provide you with a physician’s certification which must be completed.
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As far in advance as possible |
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DURING YOUR LEAVE
Report every two weeks to your supervisor on your status.
Contact Lincoln Financial and your supervisor if you need to extend your leave beyond the original expected return date (up to the 12 week maximum).
If you are expected to return to work without restrictions, Lincoln Financial will assist you with the transition to work process.
Update your dependent and beneficiary information (for example, if you need to add your newborn or adopted child onto your benefits).
Provide a doctor's work release before returning to work.
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Before your leave ends |
WHEN YOUR LEAVE ENDS
Return to work on the first workday following the end of your leave. |
Immediately following the end of your FMLA leave |