Trinity Operating Procedures - TOPs

TOP-FMLAP: Family & Medical Leave Policy

Rev: 12/06/2017

Scope: This procedure definesTrinity Forge & Machine's policy regarding Family and Medical Leave.

Procedure:

LEAVE POLICY

You are eligible to take up to 12 weeks of unpaid family/medical leave within any 12-month period and be restored to the same or an equivalent position upon your return from leave provided that you have worked for the Company for at least 12 months, and for at least 1250 hours in the 12 months preceding the requested leave date, and if you have worked at a work site with at least 50 or more employees of the employer within 75 miles of your work site.

You may take family/medical leave for any of the following reasons:

1. the birth of a son or daughter and in order to care for such newborn;
2. the placement of a son or daughter with you for adoption or foster care;
3. to care for a spouse, son, daughter, or parent ("covered relations") with a serious health condition; or
4. because of your own serious health condition which renders you unable to perform the functions of your position.

Leave because of the birth or placement of a child with you for adoption or foster care must be taken in a single block of time (not intermittently or on a reduced leave schedule) and must be completed within the 12-month period beginning on the date of birth or placement. Leave because of your serious health condition or that of a covered relation may be taken intermittently (in separate blocks of time) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. If leave is unpaid, the Company will adjust your pay based on the amount of time actually worked. While you are on an intermittent or reduced schedule, the Company may temporarily transfer you to an alternative position, which better accommodates your recurring leave and which has equivalent pay and benefits.

If you do not return to work on the originally scheduled return date, which in no case may be beyond the 12 week limit, you will be deemed to have voluntarily terminated your employment with the Company.

The Company reserves the right to deny restoration of key employees to the same or an equivalent position upon return from leave, if the Company determines that such restoration would cause substantial and grievous economic injury to its operations. If you are a key employee and the Company believes that restoration may be denied, you will be provided notice at the time leave is requested or as soon as practicable thereafter.

HOW THE EMPLOYEE SHOULD PROVIDE NOTICE TO THE COMPANY WHEN FAMILY/MEDICAL LEAVE IS DESIRED

If your need for family/medical leave is foreseeable, you must give the Company thirty (30) days prior written notice. When thirty (30) days written notice is not possible, the employee must give such written notice as is practicable. When the need for leave is not foreseeable, you are expected to notify the Company within one to two business days of your learning of your need for leave, except in extraordinary circumstances. When planning medical treatment, which will result in family/medical leave, you must consult with the Company and make a reasonable effort to schedule the leave so as to not unduly disrupt the Company's operations. Ordinarily, this should be prior to the scheduling of the treatment.

To properly begin the process for providing notice to the Company that you desire family/medical leave under this policy, you should obtain a family/medical leave request for leave form, which is available through Company's Human Resources Department. Then, timely and adequately fill out and return to the Company's Human Resources Department. When circumstances make it impossible to fill out and return this written form at the time you desire the leave, you should tell the Company's Human Resources Department that you desire family/medical leave, and then fill out and return the written form as soon as possible to the Company's Human Resources Department. To the greatest extent possible, when you desire family/medical Leave you should, in communicating about the leave, use the words "Family and Medical Leave Act" in referring to the type of leave you desire, so the Company can be aware of your intentions. Failure to properly and timely fill out the family/medical leave request for leave form or adequately advise the Company's Human Resources Department of your desire/intent that your leave time be considered family/medical leave can result in delays in approval of the leave or other adverse consequences. Please note that this notice requirement applies if you desire family/medical leave pertaining to an on-the-job- injury or condition.

COMPANY RESPONSE TO EMPLOYEE REQUEST

It is intended that the employee provide a request/notice as described above. The Company will in writing, through its Human Resources Department, give the employee a written response to his/her request for family/medical leave. Contact the Company's Human Resource Department to inquire about this.

MEDICAL CERTIFICATION

If you are requesting leave because of your own or a covered relation's serious health condition, you and the relevant health care provider must supply any appropriate medical certification. This is due at least fifteen (15) days after you request leave, or such other time or times as the Company advises you. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided, or any other adverse consequences allowed by law. This certification is to be provided on a form provided by the Human Resources Department of the Company, and you should take appropriate steps to obtain a copy of this when you request the leave.

The Company, at its expense, may require an examination by a second health care provider designated by the Company, if it reasonable doubts the medical certification you initially provided. If the second health care provider's opinion conflicts with the original medical certification which you have provided, the Company, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The Company may require subsequent medical re-certification on a reasonable basis.

If you take leave because of your own serious health condition or to care for a covered relation, you must contact the Human Resources Department of the Company on the first and third Monday of each month regarding the status of the condition and your intention, if any, to return to work.

If you take leave because of your own serious health condition, you are required before returning to work to provide medical certification that you are fit to resume work. You will not be permitted to resume work until it is provided. You should obtain a form for this return to work certification, from the Company's Human Resources Department, and have it filled out by your health care provider and yourself when you decide you want to return to work following family/medical leave.

PAY AND BENEFITS DURING LEAVE

Family/Medical leave is unpaid. If you request family/medical leave for any reason, any accrued Paid Leave Time (for example, accrued vacation days) will first be substituted for any unpaid family/medical leave. The substitution of Paid Leave Time for unpaid Leave time does not extend the 12-week leave period.

During an approved family/medical leave, the Company will maintain your group insurance benefits, as if you continued to be actively employed, provided that your portion of premiums payments is made timely, as hereinafter discussed. During any portion of your leave that is Paid Leave Time, the Company will deduct your portion of the group insurance protection you have elected to participate in, as a result of payroll deduction, to the extent possible. You will be required to pay any deficiency. During any portion of your leave, which is unpaid, you must pay your portion of all group medical or other group insurance premiums. You will be notified of the procedure. Your health care coverage will cease if your premium payment is more than thirty (30) days late. If you elect not to return to work at the end of the leave period, you will be required to reimburse the Company for the cost of any premiums paid by the Company for maintaining coverage during the unpaid portion of your leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.

It is the intent of the Company to comply with the Family and Medical Leave Act in all respects. This Policy contains only a summary of its provisions. Words and phrases used in this Policy are defined as provided in the Family and Medical Leave Act. With regard to any issue not discussed in this Policy, and in the event of a conflict, the Family and Medical Leave Act will control.

Revision history: