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If the second opinion differs from the first opinion, the Company may require, at its expense, that the<br />

<strong>employee</strong> obtain the opinion of a third health care provider designated or approved jointly by the<br />

Company and the <strong>employee</strong>.<br />

The opinion of the third health care provider shall be considered final and binding on the Company<br />

and the <strong>employee</strong>.<br />

6. Any leave granted for a FMLA qualifying reason will be counted as Family/Medical Leave and will be<br />

considered as part of the 12-workweek entitlement in a 12-month period. This 12-month period is a<br />

"rolling" 12-month period that is measured backward from the date an <strong>employee</strong> uses any FMLA<br />

leave, such that an <strong>employee</strong>'s leave entitlement would be any balance of the 12-work week<br />

entitlement that has <strong>no</strong>t been used during the immediately preceding 12 months. Further, a leave<br />

taken to care for an <strong>employee</strong>’s newborn child, or a child placed with an <strong>employee</strong> for foster care or<br />

adoption must be concluded within one year of the birth or placement of the child with the <strong>employee</strong>.<br />

There is <strong>no</strong> carryover of unused leave from one “rolling” 12-month period to the next “rolling” 12-<br />

month period.<br />

Reinstatement After the Leave Expires<br />

1. Upon return from Family/Medical Leave, an <strong>employee</strong> will be reinstated to his/her original job, or to an<br />

equivalent job with equivalent pay, benefits, and other employment terms and conditions subject to<br />

any defense to reinstatement allowed under the law. In addition, an <strong>employee</strong>'s use of<br />

Family/Medical Leave will <strong>no</strong>t result in the loss of any employment benefit(s) that the <strong>employee</strong><br />

earned or was entitled to before using Family/Medical Leave. As more fully described below,<br />

<strong>employee</strong>s on FMLA leave will <strong>no</strong>t continue to accrue employment benefits, such as personal leave<br />

or vacation benefits, during unpaid FMLA leave.<br />

2. Reinstatement after Family/Medical Leave may be denied to certain salaried "key" <strong>employee</strong>s:<br />

• who are among the highest paid 10 percent of salaried <strong>employee</strong>s who are employed within 75<br />

miles of the worksite at which the <strong>employee</strong> is employed at the time of leave request; and<br />

• when the refusal to reinstate is necessary because the <strong>employee</strong>'s reinstatement will cause<br />

substantial and grievous eco<strong>no</strong>mic injury to the Company's operations; and<br />

• when the <strong>employee</strong> is <strong>no</strong>tified of the Company's intent to refuse reinstatement at the time the<br />

Company determines the refusal is necessary; and<br />

• in any case in which leave has already begun, the Company will give the <strong>employee</strong> a<br />

reasonable opportunity to return to work following the <strong>no</strong>tice described above.<br />

Other Employment<br />

An <strong>employee</strong> on Family/Medical Leave is <strong>no</strong>t permitted to take on any other employment, even on a<br />

temporary basis, without written authorization from the Company. To do so will result in termination.<br />

Non-Discrimination<br />

It is the Company’s policy to be fair and impartial in all its relations with <strong>employee</strong>s or applicants. The<br />

Company will <strong>no</strong>t discriminate against <strong>employee</strong>s or applicants as a result of the approved use of<br />

Family/Medical Leave or a proper request for such leave.<br />

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Page 27<br />

Savant Learning Systems

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