FMLA

 

https://my.envoyair.com/index.php/departments/people-services/leave-of-absence-center/family-and-medical-leave-of-absence/

 

Family and Medical Leave of Absence
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Policy
Under this policy, Envoy (the Company) provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. The Company has contracted with FMLASource to administer FMLA and other types of leave on its behalf. All questions, requests for leave, and supporting documentation should be directed to FMLASource as the Company’s agent. In general, the Military FMLA policy is described in a separate section.
State law, local law, and/or collective bargaining agreements covering certain employee groups may provide other terms; please refer to your collective bargaining agreement for more information.

FMLASource
As the Company’s third-party administrator for FMLA leave, employees are expected to contact FMLASource to request leave in addition to notifying the Company in accordance with normal call-off procedures.
Employees may contact FMLASource using one of the following methods:
Toll-free: 1 (844) 268-4856
Representatives are available 7:30 AM – 9:30 PM CT Monday through Friday
A voice mailbox system will be available 24 hours per day, 7 days per week
Email: fmlacenter@fmlasource.com
Employees may also request leave through the Envoy portal by visiting my.envoyair.com/loa.

Whom the Policy Covers
Only eligible employees are allowed to take FMLA leave. An eligible employee is generally one who:
Has been employed by the Company for at least 12 months; and
Has met the hours of service requirement during the 12-month period immediately preceding the first date of leave (unless absent on military leave):
Non-flight crewmembers must have worked at least 1,250 hours during the previous 12-month period.
Flight crewmembers must have worked or been paid for not less than:
an annualized 60 percent of the employee’s applicable monthly guarantee AND
504 hours (excluding vacation, holiday, and sick time).

Qualifying Reasons for Leave
Eligible employees may take FMLA leave for any of the following qualifying reasons:
Because of the birth of an employee’s child.
Because of the placement of a child with the employee for adoption or foster care.
Because of the employee’s own serious health condition, including health conditions relating to pregnancy, childbirth, and related medical conditions.
To care for the employee’s spouse,[1] parent, son, or daughter (as defined by the FMLA) who has a serious health condition.
[1] Wherever used in this policy, “spouse” includes same-sex partners in marriage or as otherwise defined in 29 C.F.R. § 825.102.

Duration of Family and Medical Leave
Generally, eligible employees will be entitled to a cumulative total of 12 workweeks of FMLA leave within a 12-month leave period measured backward from the date an employee’s leave begins. Flight crewmembers may take up to 72 days of FMLA leave in a ‘rolling backward’ 12-month period.
Spouses who both work for the Company generally are entitled to a combined total of 12 weeks (or 72 days for flight crewmembers) of leave in a 12-month period if the leave is taken for (1) birth of the employees’ son or daughter or to care for the child after birth, (2) placement of a son or daughter with the employees for adoption or foster care or to care for the child after placement, or (3) to care for the employees’ parent with a serious health condition. Eligible spouses who both work for Envoy are each entitled to up to 12 workweeks of FMLA leave in a 12-month period, without regard to the amount of leave their spouses use, for (1) the care of a spouse or son or daughter with a serious health condition, (2) a serious health condition that makes the employee unable to perform the essential functions of his or her job, or (3) any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty.
In certain cases, leave may be taken on an intermittent basis or the employee may work a reduced schedule. Intermittent leave must be certified by a health care provider as medically necessary and should be scheduled to avoid disruption to the Company’s operations insofar as is reasonable. Leave to bond with a newborn child may not be taken on an intermittent basis; all employees are limited to a single, continuous leave for bonding purposes within the first 12 months from the date of birth. Leave to bond with a child placed with the employee for adoption or foster care may not be taken on an intermittent or reduced-schedule basis. Leave during which the expectant mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition may be taken on an intermittent basis.

Notice
Employees must comply with the Company’s usual and customary notice requirements for requesting leave. Absent unusual circumstances, employees must notify their supervisors and, if applicable, crew scheduling of all absences in accordance with normal call-off procedures before contacting FMLASource. If the employee fails to comply with the Company’s usual and customary call off procedures, the Company may take disciplinary action up to and including termination of employment.
Employees must provide enough information for FMLASource and the Company to reasonably determine whether the FMLA may apply to the stated reason for leave as well as the anticipated timing and duration of leave. When an employee seeks leave for a qualifying reason under the FMLA for the first time, the employee does not need to expressly mention the FMLA. If an employee later requests additional leave for the same qualifying reason, the employee must specifically reference the qualifying reason for leave and the need for FMLA leave. Failure to comply with the notice requirements described in this policy will be grounds for, and may result in, delay or denial of the requested leave until the employee complies with these requirements.

30 Days’ Advanced Notice for Foreseeable Leave
If the need for FMLA leave is foreseeable (for example, a scheduled surgery or the birth of a child), the employee must give the Company at least 30 days’ prior written notice. The employee must also contact FMLASource at least 30 days prior to the first date of leave if the need for leave is foreseeable 30 days in advance.

Unforeseeable Leave
Where the need for FMLA leave is not foreseeable, the employee is expected to notify FMLASource and the Company of the need for leave as soon as practicable. When an employee becomes aware of a need for leave less than 30 days in advance, it should be practicable for the employee to provide notice to FMLASource of the need for leave as soon as the employee is aware of the need for leave, but no later than two (2) calendar days after the first date of leave.

Use of Paid Leave Concurrent with FMLA Leave
Although FMLA leave is unpaid, during any FMLA leave employees are required to use accrued paid time off, including vacation leave, sick leave, any other paid time off, and earned time off, unless prohibited by law or otherwise stated in the applicable collective bargaining agreement.
Employees are required to use paid leave during FMLA leave in the following circumstances:
Sick leave must be used for the employee’s own serious health condition.
Once paid sick time, paid vacation, and paid days off are exhausted, FMLA leave will be unpaid.
Vacation must be used for the employee to care for a family member.
After vacation is exhausted, the employee must take unpaid FMLA leave.
The use of paid time off during a FMLA leave of absence shall not extend the length of an employee’s FMLA leave, but instead merely runs concurrently with the FMLA leave. If an employee is actively working and/or uses paid time off for at least 15 days in a calendar month during which the employee uses FMLA leave, the employee will continue to accrue paid time off that month, unless otherwise specified in any applicable collective bargaining agreement or prohibited by law. Unpaid FMLA leave does not constitute a break in service for purposes of longevity, seniority, or any employee benefit plan.

Maintenance of Health Benefits
During FMLA leave, the Company will maintain health benefits under the same conditions as if the employee had continued working. If paid time off is used concurrently with FMLA leave, the Company will deduct the employee portion of the benefit premiums as regular payroll deductions. If the employee exhausts all available paid time off, the employee will become responsible for his or her portion of the benefit premiums.
If your unpaid FMLA leave is 30 days or less, your employee paid portion of your benefit premiums will be payroll deducted upon your return back to work.
If FMLA leave is unpaid and exceeds 30 days, the employee must make arrangements with the Envoy Benefits Service Center. Once the leave has commenced, the Envoy Benefits Service Center will send an informational packet regarding continuing coverage during leave. If benefit premiums are not paid timely, you may experience a lapse in coverage.
Health benefits will be maintained at active employee rate up to twelve months. If your leave exceeds twelve months, you will receive information regarding continuation of coverage through COBRA and be required to pay the full cost of your benefits as well as an administrative fee. Benefits Covered are Medical, Dental, Vision, and Health Care Flexible Spending Account only. You may choose to continue coverage of voluntary life insurance. The insurance provider will reach out to you within 30 days to establish an individual plan.
Employees who fail to return from FMLA leave may be required to reimburse the Company for the portion of the employee’s benefit premiums paid by the Company during the FMLA leave.
For any questions regarding payment of benefits premium while on leave of absence, employees may call the Benefits Service Center at 1-844-843-6869.

Eligibility and Designation Notice
Within five (5) business days of a request for leave, FMLASource will provide employees who request FMLA leave with a notice of their eligibility for FMLA leave or a reason why they are not eligible. At the same time, employees will be provided with a written statement of their Rights and Responsibilities.
Within five (5) business days (absent extenuating circumstances) of having enough information to determine whether the requested leave is FMLA-eligible, FMLASource will provide a written Designation Notice, informing the employee whether or not leave is designated FMLA leave and the amount of leave that will be designated, if known. This designation may be retroactive. FMLASource will also provide any other required information at this time.

Medical Certification Is Required
Employees who request FMLA leave because of their own or a family member’s serious health condition, must submit a Certification of Health Care Provider Form (Certification Form) completed by a qualifying health care provider to support the leave request. This Certification Form will be provided upon notice of the need for FMLA leave and with the notice of eligibility, rights, and responsibilities. The Certification Form should be returned to FMLASource Group within 15 calendar days after FMLASource notifies the employee of the requirement, or as soon as possible under the particular facts and circumstances. The Company reserves the right to require a separate Certification Form for employees requesting FMLA leave to care for a son or daughter age 18 and older with a serious health condition.
If the Certification Form returned to FMLASource is not complete and sufficient, an employee will be notified of the deficiencies in writing and given seven (7) calendar days to complete the Form. If the medical information is insufficient, designated Company representatives, but not the employee’s direct supervisor, may contact the employee’s health provider directly to authenticate or clarify information on the Certification Form. Also, the designated Company representative may directly contact the employee’s health provider, after receiving the employee’s permission, to get more complete information regarding the nature of the ailment, the duration of leave, the need for intermittent leave, etc. Failure to submit a complete and sufficient Certification Form may result in, deferral or denial of the employee’s requested FMLA leave.
The Company reserves the right in appropriate circumstances to request a second or third opinion regarding the employee’s condition and treatment (at the Company’s expense).
Envoy may ask an employee to recertify a serious health condition if:
the employee’s medical certification indicates that the minimum duration of the condition is more than 30 days, and that period expires;
at least six (6) months has passed since the first date of FMLA leave in the applicable leave year and the request is in connection with an employee’s absence (regardless of the duration indicated on the prior certification); or
within 30 days of the most recent request for certification, either of the following occur:
the employee asks to extend the leave period;
circumstances have changed significantly; or
the Company receives information that casts doubt about the employee’s stated reason for leave or the continuing validity of the certification.

Designation Notice
In the sole discretion of the Company, any leave that qualifies as FMLA leave may be designated as FMLA leave, regardless of whether all possible obligations are met by the employee. For example, the Company may designate a leave as FMLA leave without requiring a completed Certification Form or a consultation with a health care provider. FMLA leave will run concurrent with any and all approved disability and workers’ compensation leaves.

Reinstatement
Employees on leave due to their own serious health condition will be required to provide medical certification of their fitness to return to work. To achieve that result, employees will be provided with the essential functions of their job or a Job Description with that information as part of the Designation Notice. Employees must have their treating health care providers complete and submit a fitness-for-duty certification that addresses the employee’s ability to perform the essential functions of the position. Employees failing to provide the fitness-for-duty certification based on these essential job functions cannot resume work until such certification is provided. A Fitness for Duty Certification Form will be provided with the initial request for Certification.
Employees returning to work from FMLA leave normally will be returned to the same or an equivalent position as held prior to the leave. If the employee does not return to work as soon as he or she is medically cleared to return to work, the Company will consider the employee to have voluntarily resigned effective the date the health care provider released the employee to return to work.
Certain “key employees” may not be eligible to be reinstated to the same or an equivalent position at the conclusion of their FMLA leave. The Company will notify such employees of their “key employee” status and the conditions under which they may be denied reinstatement, if applicable.

Notice of Compliance
The Company complies with applicable family care, medical leave, disability, and military family leave laws. Under the FMLA it is unlawful for any employer to: interfere with, restrain, or deny the exercise of (or the attempt to exercise) any right provided under the FMLA; or discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. If an employer has done so, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. If you have questions, or would like further clarification about your rights under the FMLA or other types of leave, please contact People Services.

Revised May 20, 2019