WIXLIB

foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfyFMLA notice obligations, may have FMLA leave delayed or denied.D.Cooperate in the Scheduling of Planned Medical Treatment (IncludingAccepting Transfers To alternative Positions) and Intermittent Leave orReduced Leave Schedules.Employees must consult with LifeBridge Health prior to the scheduling of treatment to workout a treatment schedule which best suits the needs of both LifeBridge Health and theemployees, subject to the approval of an employee’s health care provider. If employee isproviding notice of the need to take FML leave on an intermittent basis for planned medicaltreatment neglect to fulfill this obligation, LifeBridge Health may require employees toattempt to make such arrangements, subject to the approval of the employee’s health careprovider.When employees take intermittent or reduced work schedule leave for foreseeable plannedmedical treatment for the employees or a family member, including during a period ofrecovery from a serious health condition or to care for a covered service member, LifebridgeHealth may temporarily transfer employees, during the period that the intermittent leave orreduced leave schedules are required, to alternative positions with equivalent pay andbenefits for which the employees are qualified and which better accommodate recurringperiods of leave.When employees seek intermittent leave or a reduced leave schedule for reasons unrelatedto the planning of medical treatment, upon request, employees must advise FMLA Source ofthe reason why such leave is medically necessary. In such instances, LifeBridge Health andthe employee shall attempt to work out a leave schedule that meets the employee’s needswithout unduly disrupting LifeBridge Health’s operations, subject to the approval of theemployee’s health care provider.E.Submit Medical Certifications Supporting Need for FMLA Leave(Unrelated to Requests for Military Family Leave)Depending on the nature of FMLA leave sought, employees may be required to submitmedical certifications supporting their need for FMLA-qualifying leave. As described below,there generally are three types of FMLA medical certifications: an initial certification, arecertification, and a return to work/fitness for duty certification.6

It is the employee’s responsibility to provide FMLA Source with timely, complete andsufficient medical certifications. Whenever FMLA Source requests employees to provide MLAmedical certifications, employees must provide the requested certifications within 15calendar days after the request, unless it is not practicable to do so despite an employee’sdiligent, good faith efforts. FMLA Source will inform employees if submitted medicalcertifications are incomplete or insufficient and provide employees at least seven calendardays to cure deficiencies. FMLA Source will deny FMLA leave to employees who fail to timelycure deficiencies or otherwise fail to timely submit requested medical certifications.With the employee’s permission, FMLA Source may contact the employee’s health careprovider to authenticate or clarify completed and sufficient medical certifications. Ifemployees choose not to provide FMLA Source with authorization allowing it to clarify orauthenticate certifications with health care providers, FMLA Source may deny FMLA leave ifcertifications are unclear.Whenever LifeBridge Health deems it appropriate to do so, it may waive its right to receivetimely, compete and/or sufficient FMLA medical certifications.F.Initial Medical CertificationsAssociates requesting leave because of their own, or a covered relation’s, serious healthcondition, or to care for a covered service member, must supply medical certificationsupporting the need for such leave from their health care provider or, if applicable, thehealth care provider of their covered family or service member. If employees provide atleast 30 days’ notice of medical leave, they should submit the medical certification beforeleave begins. A new initial medical certification will be required on an annual basis forserious medical conditions lasting beyond a single leave year.If the hospital or FMLA Source has reason to doubt initial medical certifications, it mayrequire employees to obtain a second opinion at the hospital’s expense. If the opinions ofthe initial and second health care providers differ, the hospital may, at its expense, requireemployees to obtain a third, final and binding certification from a health care providerdesignated or approved jointly by the hospital and the employee.G.Medical RecertificationDepending on the circumstances and duration of FMLA leave, the hospital or FMLA Sourcemay require employees to provide recertification of medical conditions giving rise to theneed for leave. The hospital or FMLA source will notify employees if recertification is7

required and will give employees at least 15 calendar days to provide medicalrecertification.H.Return to Work/Fitness for Duty CertificationsEmployees returning to work from FMLA leaves that were taken because of their ownserious health conditions that made them unable to perform their jobs must provide thehospital medical certification confirming they are able to return to work and the employees’ability to perform the essential functions of the employees’ position, with or withoutreasonable accommodation. The hospital may delay and/or deny job restoration until theemployees provide return to work/fitness for duty certifications.I.Submit Certifications Supporting Need for Military Family LeaveUpon request, the first time employees seek leave due to qualifying need arising out of thecovered active duty or call to covered active duty status of a military member, the hospitalmay require employees to provide: 1)a copy of the military member’s active duty orders orother documentation issued by the military indicating the military member is covered activeduty or call to active duty status and the dates of the military members’ covered active dutyservice; and 2) a certification from the employee setting forth information concerning thenature of the qualifying need for which leave is requested. Employees shall provide a copyof new active duty orders or other documentation issued by the military for leaves arisingout of qualifying need arising out of a different covered active duty or call to covered activeduty status of the same or a different military member.When leave is taken for a covered service member with a serious injury or illness, FMLASource may require employees to obtain certifications completed by an authorized healthcare provider of the covered service member. In addition, and in accordance with the FMLAregulations, FMLA Source may request that the certification submitted by employees setadditional information provided by the employee and/or the covered service memberconfirming entitlement to such leave.J.Substitute Paid Leave for Unpaid FMLA LeaveSinai employees must use any accrued Sick and Safe Leave, Paid Time Off (PTO) and anyExtended Illness Bank (EIB) benefits as the first part of any FMLA leave; howeveremployees may hold up to 40 hours of Paid Time Off (PTO), if available. Employees ofNorthwest Hospital and Levindale Geriatric Center and Hospital, who accrue vacation, sickand safe leave, sick leave, personal and holidays hours, must first exhaust sick and safe8

leave, sick leave, then personal, holiday and vacation hours in that order. However,employees of Northwest Hospital and Levindale Geriatric Center and Hospital may also electto hold up to 40 hours of vacation if available. The substitution of paid time for unpaid FMLAleave time does not extend the length of FMLA leaves and the paid time will runconcurrently with an employee’s FMLA entitlement.Sinai employees using available PTO hours are on paid leave and eligible for benefitaccruals. When an employee is on unpaid family medical leave, PTO accruals will cease.For employees of Northwest Hospital and Levindale Geriatric Center and Hospital, benefitaccruals on based on hours worked. Therefore, for employees of Northwest Hospital andLevindale Geriatric Center and Hospital, benefit accruals will cease while on FMLA Leave.Leaves of absence taken in connection with a disability leave plan or workers’ compensationinjury/illness shall run concurrently with any FMLA leave entitlement.K.Pay Employee’s Share of Health Insurance PremiumsAs noted above, during FMLA leave, employees are entitled to continue group health plancoverage under the same conditions as if they had continued to work. Unless the hospitalnotifies employees of other arrangements, whenever employees are receiving pay from thehospital during FMLA leave, the hospital will deduct the employee portion of the grouphealth plan premium from the employee’s paycheck in the same manner as if the employeewas actively working. If FMLA leave is unpaid, the employee is responsible for paying thenormal payroll deduction amount for health insurance benefits directly to Human Resourcesfor the remainder of the leave. If the employee is more than 30 days late paying therequired health insurance cost, the hospital may drop the employee from all healthinsurance coverage. If the employee’s payment is more than 15 days late, the hospital willsend a letter notifying the employee that coverage will be dropped on a specific date unlessco-payment is received before the due date. If employees do not return to work within 30calendar days at the end of the leave period (unless employees cannot return to workbecause of a serious health condition or other circumstances beyond their control) they willbe required to reimburse the hospital for the cost of the premiums the hospital paid formaintaining coverage during their unpaid FMLA leave.L.Limitations While on a Consecutive Leave of AbsenceEmployees on a consecutive day FMLA leave of absence (not intermittent leave) are notpermitted to attend meetings, access hospital e-mail or voice mail or work in any capacity.9

An employee who must attend a non-job related activity (e.g. staff meeting or mandatoryeducation), must have a physician release for the specific activity.M.Report Periodically Concerning Intent to Return to WorkEmployees must contact the hospital periodically regarding their status and intention toreturn to work at the end of the FMLA leave period. If an employee’s anticipated return towork date changes and it becomes necessary for the employee to take more or less leavethan originally anticipated, the employee must provide the hospital and FMLA Source withreasonable notice (i.e., within 2 business days) of the employee’s changed circumstancesand new return to work date. If employees give the hospital unequivocal notice of theirintent not to return to work, the hospital’s obligation to maintain health benefits (subject toCOBRA requirements) and to restore their positions cease.N.Shared FMLA LeaveWhen spouses work for Lifebridge Health and each spouse is eligible to take FMLA leave, theFMLA limits the combined amount of leave they may take for some, but not all, FMLAqualifying leave reasons. For the purposes of FMLA leave, spouse means a husband or wifeas defined or recognized by the state of Maryland and includes individuals in same sexmarriages.Eligible spouses who work for LifeBridge Health are limited to a combined total of 12workweeks of leave in a 12-month period for the following FMLA qualifying reasons: The birth of a son or daughter and bonding with the newborn child, The placement of a son or daughter with the employee for adoption or fostercare and bonding with the newly-placed child, and The care of a parent with a serious health conditionEligible spouses are also limited to a combined 26 workweeks of leave in a single 12-monthperiod to care for a covered service member with a serious injury or illness (commonlyreferred to as "military caregiver leave") if each spouse is a parent, spouse, son ordaughter, or next of kin of the service member. When spouses take military caregiver leaveas well as other FMLA leave in the same leave year, each spouse is subject to the combinedlimitations for the reasons for leave listed above.10

V.Coordination of FMLA Leave with Other Leave PoliciesThe FMLA does not affect federal, state or local law prohibiting discrimination, or supersedeany State or local law which provides greater family or medical leave rights. For additionalinformation concerning leave entitlements and obligations that might arise when FMLA leaveis either not available or exhausted, please consult the hospital’s other leave policies orcontact Human Resources.VI.Questions and/or Complaints about FMLA LeaveIf you have questions regarding this FMLA policy, please contact Human Resources or FMLASource. The hospital and FMLA Source are committed to complying with the FMLA and,whenever necessary, shall interpret and apply this policy in a manner consistent with theFMLA.The FMLA makes it unlawful for employers to: 1)interfere with, restrain, or deny theexercise of any right provided under the FMLA; or 2) discharge or discriminate against anyperson for opposing any practice made unlawful by FMLA or involvement in any proceedingunder or relating to FMLA. If employees believe their FMLA rights have been violated, theyshould contact the Human Resources department immediately. The hospital will investigateany FMLA complaints and take [prompt and appropriate remedial action to address and/orremedy any FMLA violation. Employees also may file FMLA complaints with the UnitedStates Department of Labor or may bring private lawsuits alleging FMLA violations.VII.Additional Definitions:“Spouse” means a husband or wife as defined or recognized under State law for purposesof marriage in the State where the employee resides, including common law marriage inStates where it is recognized. Spouse does not include an unmarried domestic partner.“Parent” means a biological, adoptive, step or foster father or mother, or any otherindividual who stood in loco parentis to the employee when the employee was a son ordaughter as defined in paragraph (c) of this section. This term does not include parents “inlaw”.“Son or daughter” means, for the purposes of FMLA leave taken for birth or adoption, orto care for a family member with a serious health condition, a biological, adopted, or fosterchild, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is eitherunder age 18, or age 18 or older and “incapable of self-care because of a mental or physical11

disability” at the time that FMLA leave is to commence. The age when the disability occurs isirrelevant to determine whether an adult son or daughter has a mental or physical disability.“Incapable of self-care” means that the individual requires active assistance orsupervision to provide daily self-care in three or more of the “activities of daily living”(ADLs) or “instrumental activities of daily living” (IADLs). Activities of daily living includeadaptive activities such as caring appropriately for one’s grooming and hygiene, bathing,dressing and eating. Instrumental activities of daily living include cooking, cleaning,shopping, taking public transportation, paying bills, maintaining a residence, usingtelephones and directories, using a post office, etc.“Physical or mental disability” means a physical or mental impairment that substantiallylimits one or more of the life activities of an individual. Regulations at 29 CFR 1630.2(h), (i),and (j), issued by the Equal Employment Opportunity Commission under the Americans withDisabilities Act (ADA), 42 U.S.C. 1201 et seq., define these terms.Persons who are “in loco parentis” include those with day-to-day responsibilities to carefor and financially support a child, or, in the case of an employee, who had suchresponsibility for the employee when the employee was a child. A biological or legalrelationship is not necessary.“Adoption” means legally and permanently assuming the responsibility of raising a child asone’s own. The source of an adopted child (e.g., whether from a licensed placement agencyor otherwise) is not a factor in determining eligibility for FMLA leave.“Foster Care” is 24-hour care for children in substitution for, and away from, their parentsor guardian. Such placement is made by or with the agreement of the State as a result of avoluntary agreement between the parent or guardian that the child be removed from thehome, or pursuant to a judiciary determination of the necessity for foster care, and involvesagreement between the State and foster family that the foster family will take care of thechild. Although foster care may be with relatives of the child, State action is involved in theremoval of the child from parental custody.“Son or daughter on covered active duty or call to covered active duty status”means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a childfor whom the employee stood in locos parentis, who is on covered active duty or call tocovered active duty status, and who is of any age.12

“Son or daughter of a covered service member” means the covered service member’sbiological, adopted, or foster child, stepchild, legal ward, or a child for whom the employeestood in loco parentis, who is on covered active duty or call to covered active duty status,and who is of any age.“Serious injury or illness” means:(1) In case of a current member of the Armed Forces, including a member of theNational Guard or Reserves, means an injury or illness that was incurred by thecovered service member in the line of duty on active duty in the Armed Forces orthat existed before the beginning of the member’s active duty and was aggravatedby service in the line of duty on active duty in the Armed Forces, and that mayrender the member medically unfit to perform the duties of the member’s office,grade, rank or rating; and(2) In that case of a covered veteran, means an injury or illness that was incurred by themember in the line of duty on active duty in the Armed Forces (or existed before thebeginning of the member’s active duty and was aggravated by service in the line ofduty on active duty in the Armed Forces) and manifested itself before or after themember became a veteran, and is:(i) a continuation of a serious injury or illness that was incurred or aggravated when thecovered veteran was a member of the armed Forces and rendered the servicemember unable to perform the duties of the service member’s office, grade,rank, or rating; or(ii) a physical or mental condition for which the covered veteran has received a U.S.Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50percent or greater, and such VASRD rating is based, in whole or in part, on thecondition precipitating the need for military caregiver leave; or(iii) a physical or mental condition that substantially impairs the covered veteran’s abilityto secure or follow a substantially gainful occupation by reason of a disability ordisabilities related to military service, or would do so absent treatment; or(iv)an injury, including a psychological injury, on the basis of which the covered veteranhas

If an employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the hospital and FMLA Source with reasonable notice (i.e., within 2 business days) of the employee's changed circumstances and new return to work date.