The Essential Guide to Family & Medical Leave

appendix B | company policies regarding FMLA leave | 343
Sample
Family and Medical Leave Policy
It is our policy to grant family and/or medical leave to employees eligible under
the Family and Medical Leave Act of 1993 (“FMLA”) or any other applicable law.
Definitions
Alternative Position: A position to which an eligible employee may be temporarily
reassigned during a period of intermittent or reduced-schedule leave. The alternative
position will have the same pay and benefits as the employee’s original position.
Child: The son or daughter of an eligible employee who is under 18 years of age, or
18 years or older and incapable of self-care as a result of physical or mental disability.
For purposes of this policy, “child” includes the eligible employee’s biological
child, adopted child, foster child, stepchild, or legal ward.
Eligible Employee: An employee who has: 1) been employed by the company for
at least 12 months; 2) worked at least 1,250 hours in the 12 months immediately
preceding the start date of requested family or medical leave; and 3) worked at a
worksite within a 75-mile radius of 50 or more employees of the company as of
the date of the leave request.
Equivalent Position: A position: 1) with pay equivalent to the employee’s original
job; 2) with benefits equivalent to the employee’s original job; 3) with job duties
and responsibilities “substantially similar” to the employee’s original job; 4) with a
schedule that is the same as or equivalent to that of the employee’s original job;
and 5) located at the same worksite or one that is geographically proximate to the
employee’s original worksite.
Family Member: The eligible employee’s spouse, child, or parent.
Health Care Providers: Doctors of osteopathy, podiatrists, dentists, optometrists,
chiropractors (only for manual manipulation of the spine to treat a subluxation
of the spine—that is, misalignment of vertebrae—identified by x-ray), clinical
psychologists, nurse practitioners, nurse midwives, clinical social workers, and
Christian Science practitioners.
Key Employee: A salaried employee in the highest-paid 10% of the company’s
employees working within 75 miles of the employee’s worksite.