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RESTAURANT TEAM MEMBER HANDBOOK - EthicsPoint

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California<br />

California’s Family and Medical Leave Act<br />

BJ’s complies with California’s Family Rights Act (“CFRA”) which<br />

provides protections similar to those provided by the federal Family and<br />

Medical Leave Act (“FMLA”).<br />

Pregnancy-Related Disability Leave and Accommodation<br />

Under California’s Pregnancy Disability Leave Law, a team member<br />

disabled due to pregnancy, childbirth or related medical conditions is eligible<br />

for an unpaid leave of absence of up to four months for the period of such<br />

disability. Team members who are affected by pregnancy-related medical<br />

condition are also eligible to transfer to a less strenuous or hazardous<br />

position or to less strenuous or hazardous duties, if available. Team<br />

members also may be entitled to reasonable accommodation for conditions<br />

related to pregnancy, childbirth or related medical conditions upon request,<br />

where such reasonable accommodation would not cause an undue hardship<br />

to the Company. A request for a transfer or reasonable accommodation must<br />

be supported by a written certification by the team member’s health care<br />

provider that such a transfer or accommodation is medically advisable.<br />

When medically advisable, a Pregnancy Disability Leave may be taken<br />

intermittently or on a reduced work schedule. Multiple disability leaves for<br />

the same pregnancy will be combined for purposes of calculating the four<br />

months.<br />

Pregnancy Disability Leaves are unpaid. Team members may elect to use<br />

any accrued, unused vacation during a Pregnancy Disability Leave. The<br />

substitution of paid time for unpaid leave time does not extend the maximum<br />

four-month Pregnancy Disability Leave period.<br />

If possible, a team member must provide at least 30 days’ notice of her<br />

intention to take leave, or as much notice as is possible under the<br />

circumstances. A request for leave must be supported by a medical<br />

certification from the team member’s health care provider.<br />

Generally, upon return from an approved Pregnancy Disability Leave that<br />

does not exceed the maximum available leave, a team member will be<br />

reinstated to the same position or a comparable position, subject to any<br />

applicable exceptions. In addition, any right to reinstatement terminates if a<br />

team member fails to return to work at the end of an approved leave, in<br />

accordance with applicable laws. As a condition of returning from a<br />

Confidential and Proprietary 56<br />

January 2012

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