NorCal Employee Handbook
Department. Medical certification must be provided to support a request for leave because of a serious health condition. Failure to provide satisfactory certification may result in denial or postponement of leave. D. Medical Certification Employees must provide medical certification supporting the need for leave from their health care provider for their own serious health condition or the health care provider of their child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition. E. Benefits Continuation Employees actively enrolled in the Company’s group health plan prior to taking leave will continue to receive health benefits at the same level and under the same conditions as if the employee had continued to work. Employees will continue to accrue any seniority and employment benefits while on CFRA leave to the same extent such benefits would accrue under any other leave granted by the Company. The Company will continue to pay its share of premiums to maintain any health plan coverage that is already in effect for the employee. The employee must pay his or her share of the premiums either through increased payroll deductions before leave begins (when the need for leave is foreseeable) or, if the employee prefers, through separate payments that are made to the Company every pay period at the same time as such payments would be made if paid by payroll deductions. If an employee does not pay his or her share of the premiums for the period of the leave, coverage will cease in accordance with the provisions of the law. The employee may thereafter reinstate coverage immediately following the leave if the employee resumes payment of his or her share of the premiums in a timely manner. F. Compensation CFRA leave is generally unpaid. Where applicable, employees may substitute accrued, available paid leave, either vacation or PSL, for CFRA leave. G. Return To Work Under most circumstances, an employee is entitled, upon return from leave, to be reinstated to the position he or she held before going on leave, or to be placed in a comparable position with comparable employment benefits, pay and other terms and conditions of employment. An employee, however, has no greater right to reinstatement or to other benefits and conditions of employment than if they had been continuously employed during the CFRA leave period. Except where a different result is authorized by law, employees who are granted leaves under this policy will be guaranteed reemployment at the conclusion of an approved leave, provided that the total period of the leave does not exceed 12 weeks or, in the case of a leave to care for a covered servicemember, 26 weeks. H. Relationship with Federal Family and Medical Leave Act) Generally, leave taken under the CFRA must be taken concurrently with leave taken under the federal Family and Medical Leave Act (“FMLA”), except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. Where applicable, when an employee’s leave qualifies under CFRA and under the federal FMLA, the leave used counts against the employee’s entitlement under both laws. To the extent the Company offers employees leave through another plan or policy, the plan or policy with the greatest protection will apply. FMLA entitles eligible employees to take up to 12 work weeks of unpaid, job-protected leave during a rolling 12- month period for the following specified family and medical reasons:
• Birth, adoption, or foster care. This leave must conclude within 12 months of the birth or placement;
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