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For a serious health condition that prevents the employee from performing his/her job;
2.
To care for the employees spouse, son, daughter, or parent who has a serious health condition;
3.
For reasons related to the birth and care of the employees child within twelve (12) months of the birth, or the
placement with the employee of an adopted or foster child within twelve (12) months of the placement; or
4. A qualifying exigency arising out of the fact that the employees spouse, son, daughter, or parent is a member of
the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been
notified of an impending call or order to covered active duty.
An eligible employee who is the spouse, son, daughter, parent, or next of kin, of a covered servicemember who is recovering
from a serious illness or injury, or of a covered veteran who is undergoing medical treatment, recuperation, or therapy for a
serious injury or illness, is entitled to up to 26 weeks of unpaid leave in any single 12-month period to care for the covered
service member or veteran. This military caregiver leave is available during any 12-month period during which an eligible
employee is entitled to a combined total of 26 weeks of all types of Family Medical Leave.
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If a husband and wife both work for Saint-Gobain Corporation, they will each be entitled to up to twelve (12) workweeks of
unpaid leave for their own serious health condition, or to care for a child or spouse with a serious health condition. However, a
husband and wife working for Saint-Gobain Corporation will jointly share twelve (12) workweeks of leave for the birth or
placement of a child. In such cases, the husband and wife may decide between themselves how many weeks they will each
take but the total leave for husband and wife together may not exceed twelve (12) workweeks unless additional leave is
approved by the location or business unit manager.
Types of Leave
An eligible employee may take a Family Medical Leave on a Continuous Leave basis. In addition, under certain circumstances,
an eligible employee may take leave on a Reduced Schedule or Intermittent Leave basis.
1.
Continuous Leave. Continuous Leave means up to twelve (12) consecutive workweeks of Family Medical Leave
during which time the employee does not actively work for Saint-Gobain Corporation.
2.
Reduced Schedule Leave. Reduced Schedule Leave is a Family Medical Leave that reduces the usual number of
hours per workweek, or hours per workday, of an employee.
3.
Intermittent Leave. Intermittent Leave is Family Medical Leave taken other than on the basis of a continuous or
reduced schedule.
Reduced Schedule or Intermittent Leave requested for the birth or adoption of a child may be denied unless the Leave is related
to the serious health condition of the child.
Additional Considerations for Intermittent or Reduced Schedule Leave
If an employee requests a Family Medical Leave on an Intermittent or Reduced Schedule basis for a foreseeable personal or
family medical problem, the Company may require the employee to transfer temporarily to an available alternative position for
which the employee is qualified, and which better accommodates recurring periods of leave. The pay and benefits of the
alternative position will be equivalent to those of the employees usual position.
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Employees requesting foreseeable Family Medical Leave should provide a written leave request at least thirty (30) days in
advance of the date on which the employee wishes to start a Family Medical Leave, with the following stipulations and
exceptions:
1.
If it is impracticable for the employee to give at least thirty (30) days notice in advance of the birth or placement of a
child, the employee must give as much notice as possible. The Family Medical Leave must be taken within the twelve
(12) month period beginning with the birth or placement.
2.
If care for a serious personal or family medical problem must begin in less than thirty (30) days, employees should
give as much notice as possible. If medical treatment is foreseeable, the employee is obligated to make a reasonable
effort to schedule the treatment so as to minimize disruptions to business operations, provided that such scheduling is
approved by the health care provider.
Failure to provide advance notice or follow the Companys policies with respect to foreseeable leave may result in a delay or
denial of the Family Medical Leave. If the leave is not foreseeable, the employee must provide leave as soon as practicable,
and must follow the business units normal call-in procedures.
Coordination with Paid Leave
Family Medical Leave under this policy is unpaid. Family Medical Leave will be coordinated, however, with other forms of
paid leave offered by the Corporation and its business units. While taking approved Family Medical Leave, employees may be
required to concurrently use other forms of paid leave available (short-term disability, paid personal days, paid sick days,
workers compensation) at the beginning of the Family Medical Leave. Business units may also require employees to use
some amount of vacation time, as determined by the business unit, while using Family Medical Leave. In the event that leave
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Although the employee may remain a participant in the 401(k) plan (also known as the Thrift Plan, EIP or Savings Plan,
depending on the business unit involved) during the leave period, he/she may not make contributions to the 401(k) plan during
the unpaid portion of the leave.
COBRA Benefits
If an employee does not return from leave, he/she may choose to continue his/her participation in the Companys group health
care plan under the provisions of the Consolidated Omnibus Reconciliation Act (COBRA). (Under COBRA, employees may
participate in the Companys group health insurance plan; however, the employee is responsible for the full cost of the
premium.)
Restoration After Leave
As a general rule, a returning employee will be restored to his/her previous position or to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of employment, assuming there are no business conditions unrelated
to the Family Medical Leave which have resulted in an elimination of the employees position. Employees will not be entitled
to any right, benefit, or position beyond that which he/she was entitled to at the time the leave commenced.
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PROCEDURES
Request for Leave
In order to start the FMLA certification process, employees must provide the Company with sufficient information to make it
aware that the employee needs FMLA qualifying leave, as well as the anticipated timing and duration of the leave when
possible. Employees will be directed to call The Hartford, Saint-Gobains third party administrator of Family Medical Leave,
at 1-866-776-3314 regarding their request. Although employees can call The Hartford directly, they must also notify their
local management and/or HR about their anticipated upcoming absence, and all call-in policies regarding absences must be
followed.
Upon the employees notification to The Hartford, The Hartford will notify the employee of his or her FMLA eligibility,
provide notice of FMLA rights and responsibilities, and the FMLA certification paperwork within five (5) business days of the
employees request.
In the case of a serious personal or family illness, the employee will be required to submit to The
member with a serious injury or illness must also be supported by a certification. In the case of a leave requested for the birth,
adoption, or placement of child for foster care, certification of the birth or placement of the child will be required.
The Hartford will provide at least 15 calendar days in which the employee must return a complete and sufficient copy of the
appropriate certification to The Hartford. If the employee returns an incomplete or insufficient certification, The Hartford shall
advise the employee in writing what additional information is necessary to make the certification complete and sufficient. The
Hartford will then provide at least 7 calendar days in which the employee must return a complete and sufficient certification in
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The Hartford or the Company may require, at the Companys expense, the opinion of a second health care provider regarding
the personal or family members serious medical condition. Should this second opinion differ from the first, the opinion of a
third provider may be requested, also at the cost of the Company.
Failure to comply with these certification requirements will result in the delay, denial or termination of the Family Medical
Leave.
Approval of Leave
If the Family Medical Leave is granted, approval will be given in writing by The Hartford and will specify a return date. In the
event an extension of leave is desired, the employee must submit the request before the end of the original leave period to The
Hartford, and additional certification will be required.
Denial of Leave
If the Family Medical Leave is denied, the employee will be informed in writing by The Hartford of the reason for the denial.
Any employee whose request for Family Medical Leave is denied may reapply for a Family Medical Leave if the employee
believes that the grounds on which the original leave was denied are no longer valid.
Return to Work / Fitness for Duty Certification
As consistent with the employees business location policies and practice, the employee may be required to present a fitness for
duty certification from his/her medical provider before returning to work following a medical leave due to the employees own
serious health condition. The fitness for duty certification must certify by the employees medical provider that the employee
is medically able to resume work and to perform the essential functions of his or her job with or without a reasonable
accommodation.
Policy Administration and Interpretation
This Policy has been adopted in compliance with the Federal Family and Medical Leave Act of 1993, and will be administered
and interpreted by the Company in accordance with such Act and regulations promulgated there under. The Company reserves
the right to amend, modify, or terminate this Policy, subject to the provisions of applicable law.
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A period of incapacity of more than three (3) full consecutive calendar days and any subsequent treatment or period
of incapacity relating to the same condition that also involves:
o Treatment two (2) or more times by a health-care provider, nurse or physicians assistant, physical therapist,
or other provider of health care services under the supervision of a health-care provider within 30 days of the
first day of incapacity; or
o Treatment by a health-care provider on at least one (1) occasion which results in a regimen of continuing
treatment;
A period of incapacity due to pregnancy or prenatal care;
A period of incapacity or treatment for incapacity due to a chronic serious health condition which:
o Requires periodic visits for treatment by a health-care provider;
o Continues over an extended period of time;
o May cause episodic rather than a continuing period of incapacity;
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective
(i.e., Alzheimers, severe stroke, or terminal stages of a disease);
A period of absence to receive multiple treatments by a health care provider.
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Any other event that the employee and employer agree is a qualifying exigency.
Covered Active Duty
Eligible employees may take Family Medical Leave for a qualifying exigency while the military member is on covered active
duty, call to covered active duty status, or has been notified of an impending call or order to covered active duty. For members
of the Regular Armed Forces, covered active duty is duty during deployment of the member with the Armed Forces to a
foreign country. For members of the Reserve components of the Armed Forces (members of the National Guard and
Reserves), covered active duty is duty during deployment of the member with the Armed Forces to a foreign country under a
call or order to active duty in a contingency operation. Deployment to a foreign country means deployment to areas outside of
the United States, the District of Columbia, or any Territory or possession of the United States. It also includes deployment to
international waters.
Covered Servicemember
A current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical
treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list for a serious injury or
illness. For purposes of this definition, a serious injury or illness is one that is incurred by a servicemember in the line of duty
on active duty that may cause the servicemember to be medically unfit to perform the duties of his or her office, grade, rank, or
rating. A serious injury or illness also includes injuries or illnesses that existed before the servicemembers active duty and that
were aggravated by service in the line of duty on active duty.
Covered Veteran
A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if
he or she was a member of the Armed Forces (including a member of the National Guard or Reserves); was discharged or
released under conditions other than dishonorable; and was discharged within the five-year period before the eligible employee
first takes FMLA military caregiver leave to care for him or her. [Note: For a veteran who was discharged prior to March 8,
2013, the period between October 28, 2009 and March 8, 2013 will not count towards the determination of the five-year period.
For example, if a servicemember retired on October 28, 2007, he or she would have had three years remaining of the five-year
period on October 28, 2009. The family member requesting Family Medical Leave will have three years to begin military
caregiver leave starting on March 8, 2013. Likewise, if a servicemember was discharged on December 1, 2010, the five-year
period will begin on March 8, 2013 and extend until March 8, 2018.] For purposes of this definition, a serious injury or illness
means an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or
that existed before the veterans active duty and was aggravated by service in the line of duty on active duty, and that is either:
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a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the
Armed Forces and rendered the servicemember unable to perform the duties of the servicemembers office, grade,
rank, or rating; or
2. a physical or mental condition for which the veteran has received a U.S. Department of Veterans Affairs ServiceRelated Disability Rating (VASRD) of 50 percent or greater, and the need for military caregiver leave is related to that
condition; or
3. a physical or mental condition that substantially impairs the veterans ability to work because of a disability or
disabilities related to military service, or would do so absent treatment; or
4. an injury that is the basis for the veterans enrollment in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
Any one of these definitions meets the FMLAs definition of a serious injury or illness for a covered veteran regardless of
whether the injury or illness manifested before or after the individual became a veteran.
SPECIAL PROVISIONS
Calculation of 12-Month Leave Period
Federal Family and Medical Leave Act guidelines require that employees be entitled to twelve (12) weeks unpaid leave in any
12-month period. Under the Saint-Gobain Corporation Family and Medical Leave Policy, this 12-month period is calculated
on a rolling basis, measured backwards from the date an employee uses any FMLA leave. The single 12-month period for
military caregiver leave, however, begins on the first day the employee takes leave.
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