TIME OFF &
LEAVES OF ABSENCE
This page goes into detail about our policy on time off and leaves of absence including holidays, vacation, and sick leave. Any questions should be directed to Human Resources.
Vacation payout form
Unpaid Leave of Absence
(under 1 year of employment)
FMLA Employee Request Form
HOLIDAYS
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The CDL observes and allows time off with pay for the following holidays, after 60 days of employment:
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New Year’s Day
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Memorial Day
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Independence Day
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Labor Day
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Thanksgiving Day
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Christmas Eve
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Christmas
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Any additional holidays will be designated by the company at beginning of each calendar year.
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If one of these holidays falls on a Sunday, it will be observed on the following Monday. If the holiday falls on a Saturday, the CDL will select either the following Monday or the preceding Friday as a substitute holiday. The CDL reserves the right to pay eligible employees in lieu of time off if the holiday falls on Saturday.
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HOLIDAY PAY
Full-time regular employees are eligible for holiday pay. Hourly employees become eligible after they have been actively with CDL for 60 days. Salaried employees may receive holiday pay immediately upon joining CDL. Part-time and temporary employees, including summer employees, are not eligible for holiday pay.
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Holiday pay shall be at the employee’s regular straight-time rate, inclusive of shift premiums, times their regularly scheduled hours (not to exceed 8 hours).
A holiday shall not be considered as 8 hours worked for the purpose of computing overtime. Accordingly, if a worker has worked 4 days a week at 10 hours a day for a total of 40 hours and receives 8-hour holiday pay that week, there will be no overtime because OT only applies if an employee actually works over 40 hours a week. Holiday pay is not considered time worked.
To receive holiday pay, an eligible nonexempt employee must be at work or taking an approved absence on the workdays immediately preceding and immediately following the day on which the holiday is observed. An approved absence is a day of paid vacation or paid sick leave. If vacation or sick leave has not accrued, or not available to the employee, the supervisor may approve an unpaid day off and still be eligible for holiday pay. If an employee is absent on one or both of these days because of an illness or injury, CDL may require verification of the reason for the absence before approving holiday pay.
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On Call Trade Service Employees Pay Schedule
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Non- exempt employees working in the trade divisions of plumbing, electrical and HVAC who are placed in an on-call schedule will be paid a flat rate of 80.00/week for the primary responder and a flat rate of $40.00 /week for the secondary responder.
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Additionally, if a trade employee on call must respond to an afterhours, weekend, or holiday call out(s) the employee will be paid as follows:
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Monday- Friday after normal business hours (5pm- 6am), an OT rate of time and ½ pay, with a minimum of 2 hours per call including travel time.
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Saturdays- an OT rate of time and ½ pay, with a minimum of 2 hours per call including travel time.
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Sundays- a DT rate of twice the regular hourly rate an employee receives, with a minimum of 2 hours per call including travel time.
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Holidays- a DT rate of twice the regular hourly rate an employee receives, with a minimum of 3 hours per call including travel time.
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Floating Holiday- an OT rate of time and ½ pay, with a minimum of 2 hours per call including travel time.
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Observed floating holidays are defined as a holiday which falls on a nonscheduled workday. In these instances, the holiday may be observed by the employer on/or before the actual holiday. (Example: Christmas is on a Sunday, employer recognizes the holiday on the next business day of Monday).
An on-call trade employee will be paid as stated above even if they have not worked a 40-hour work week.
Employees on call are expected to remain in the geographical vicinity that permits an employee to respond to an authorized call to work within 1 hour. Employees on call are required to compile with applicable company policies, including the companies Drug and Alcohol Policy. If an employee on call does not respond to requested after hours, weekend or holiday calls the flat rate will be withheld, and disciplinary action may be taken.
VACATION
CDL recognizes the importance of time off from work to relax, spend time with family, and enjoy leisure activities. The CDL provides paid vacation time to full-time employees for this purpose and employees are encouraged to take vacation during the year. New employees will accrue 1 vacation day every 90 days of consecutive employment up to 4 days their first year of employment. Upon completion of their first year, the schedule below follows. If an employee chooses to leave CDL and does not give CDL a 2-week notice in writing, the employee will forfeit any vacation time accrued.
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Full-time employees will earn paid vacation according to the following schedule:
Service Period – Anniversary Date Accrual
• During 1st year= 8 hours every 90 days
• Completion of 1 year= 40 hours
• Completion of 2nd thru 4th years= 80 hours per year
• Completion 5th and plus years= 120 hours per year
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Employees may not take paid vacation until they actually have earned or accrued the vacation time.
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Generally, employees should submit vacation requests to their supervisor at least 4 weeks in advance of the requested vacation date. CDL strongly discourages taking more than one (1) week of vacation at a time.
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Unpaid leave will not be granted so long as vacation time exists. Unpaid leave will only be considered after vacation hours have been exhausted.
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Employees whose employment voluntarily terminates and have served over a year with CDL and gives 2 weeks’ notice, will be paid for unused vacation time that has been earned during the time up to the termination date. If the employee has not completed 1 year of service or is involuntarily terminated vacation time will be forfeited upon termination.
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Vacation is to be used within the year it is earned or before the employee’s next anniversary date. Unused vacation hours can carry forward up to 240 hours. Vacation hours over 240 hours will be forfeited or lost unless the employee was denied or not allowed to take vacation because of company commitments. This will be addressed on a case-by-case basis and only with proof of denial presented. Vacation time may also be cashed out upon request due to individual need and in cases where the maximum will be exceeded. There is a maximum payout of 40 hours per request.
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Salaried employees are required to submit vacation or sick time so appropriate time(s) is deducted from the proper accrued bank.
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*Employees that were hired before April 1st, 2018 will be grandfathered in at the vacation time
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SICK LEAVE
CDL realizes that employees occasionally need to take time away from work to care for important family and medical needs. CDL complies with the federal Family and Medical Leave Act (FMLA), which requires employers to grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons.
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Please note there are many requirements, qualifications, and exceptions under these laws, and each employee’s situation is different. Contact the Human Resources department to discuss options for leave.
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CDL will follow all Federal, State and local laws. Full-time, permanent employees are eligible for sick time after 60 days of employment. Sick time will begin accumulating the month following 60 day waiting period. Employees will accrue 4 hours of sick time for every calendar month worked. Sick time will carry forward to the next year. Sick time must be accrued prior to use (sick time cannot be borrowed or advanced). Unused sick time hours can carry forward up to a maximum of 80 hours. Sick time hours over 80 hours will be forfeited or lost. Sick time has no monetary value and cannot be cashed out or transferred to another employee. Its intent is to be used for time an employee or employee’s immediate family member (spouse/child) are ill and time away from work is needed. Employees whose employment terminates voluntarily or involuntarily will not be paid out sick leave. If employee misses two consecutive days of work a note from your doctor will be required. If a note is not presented sick time will not be paid out and disciplinary actions can be taken.
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Two consecutive workdays are defined as days an employee is scheduled to appear at work. If an employee requests or has requested time off between sick days, such as but not limited to, vacation days or unpaid LOA, this will be considered a schedule to appear workday and a sick note must be provided.
If sick leave is exhausted vacation accrual will be used in its place. Sick time cannot be used in place of vacation for time off.
The FMLA requires private employers with 50 or more employees and all public agencies, including state, local, and federal employers, and local education agencies (schools), to provide eligible employees up to 12 weeks of unpaid, job-protected leave in any 12-month period for certain family and medical reasons. The 12-month period is a rolling period measured backward from the date an employee uses any FMLA leave, except for leaves to care for a covered military service member with a serious illness or injury. For those leaves, the leave entitlement is 26 weeks in a single 12-month period, measured forward from the date an employee first takes that type of leave. For eligibility of FMLA leaves workers must be employed for a period of one year or longer with CDL. If an employee is on leave under the Family and Medical Leave Act (FMLA) sick and vacation accruals are used until exhausted as a part of the FMLA leave.
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RETURN TO WORK POLICY FOR NON-WORK-RELATED INJURIES OR OTHER OCCURRENCES
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CDL strives to assist employees to return to work at the earliest possible date following an injury or illness. However, this policy is not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation under the Americans with Disabilities Act
(ADA) or leave benefits under the Family and Medical Leave Act (FMLA). Inquiries about the ADA or FMLA should be directed to the human resource department (HR).
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Eligibility.
The policy only applies to regular full-time and part-time employees who are on approved leave of absence or not working as a result of injury or illness that is non-work related.
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Notification.
The employee must notify the supervisor two weeks in advance if surgery or time off is needed for personal use related to the employee’s health or the health of a family member. If the employee is not able to give notice, the employee must notify their supervisor as soon as possible preferably within a 24-hour time frame of when time off is needed. CDL understands some emergencies, such as a vehicular accident, may not have advance notice. Should there be an emergency or accident the employee, employee’s spouse, relative or friend should notify the employee’s supervisor that the employee has been in an accident as soon as possible. For use of FMLA, please see the FMLA form on UKG. This form must be filled out and returned to the Director of Human Resources within 24 hours of scheduled
time off.
Return to Work.
In order for the employee to return to work, a work-release will be required
from the employee’s doctor or treating medical facility. If there are any restrictions, the supervisor must receive the restrictions list 24 hours prior to the employee returning to work. This allows the supervisor time to evaluate the employee’s job duties to determine if accommodations can be made. The work release will need to be sent to the HR Department to be placed in the employee's file.
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FAMILY MEDICAL LEAVE
CDL recognizes that employees occasionally need to take time away from work to care for important family and medical needs. CDL complies with the federal Family and Medical Leave Act (FMLA), which requires employers to grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons.
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Please note there are many requirements, qualifications, and exceptions under these laws, and each employee’s situation is different. Contact the Human Resources department to discuss options for leave.
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The FMLA requires private employers with 50 or more employees and all public agencies, including state, local, and federal employers, and local education agencies (schools), to provide eligible employees up to 12 weeks of unpaid, job-protected leave in any 12-month period for certain family and medical reasons. The 12-month period is a rolling period measured backward from the date an employee uses any FMLA leave, except for leaves to care for a covered military service member with a serious illness or injury. For those leaves, the leave entitlement is 26 weeks in a single 12-month period, measured forward from the date an employee first takes that
type of leave.
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Basic Leave Entitlement.
The FMLA requires covered employers to provide up to 12 weeks of
unpaid, job-protected leave to eligible employees for the following reasons:
(1) for incapacity due to pregnancy, prenatal medical care, or childbirth;
(2) to care for the employee’s child after birth or placement for adoption or foster care;
(3) to care for the employee’s spouse, son or
daughter, or parent who has a serious health condition; or
(4) for a serious health condition that makes the employee unable to work.
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Military Family Leave Entitlements.
Eligible employees with a spouse, son, daughter, or parent on active-duty or called to active-duty status in the National Guard or Reserves in support
of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include addressing issues that arise from
(1) short notice of deployment (limited to up to seven days of leave);
(2) attending certain military events and related activity;
(3) arranging childcare and school activities;
(4) addressing certain financial and legal arrangements;
(5) attending certain counseling sessions;
(6) spending time with covered military family members on short-term temporary rest and recuperation leave (limited to up to five days of leave);
(7) attending post-deployment reintegration briefings;
(8) arranging care for or providing care to a parent who is incapable of self-care; and
(9) any additional activities agreed upon by the employer and employee that arise out of the military member’s active duty or call to active duty.
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The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties and for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
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Benefits and Protections During FMLA Leave.
During FMLA leave, the CDL will maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. However, an employee on FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.
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Certain highly compensated key employees also may be denied reinstatement when necessary to prevent “substantial and grievous economic injury” to the Company’s operations. A “key” employee is an eligible salaried employee who is among the highest-paid ten percent of the Company’s employees within 75 miles of the worksite. Employees will be notified of their status as a key employee, when applicable, after they request FMLA leave.
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Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
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Employee Eligibility.
The FMLA defines eligible employees as employees who:
(1) have worked for the Company for at least 12 months;
(2) have worked for the Company for at least 1,250 hours in the previous 12 months; and
(3) work at or report to a worksite which has 50 or more employees or is within 75 miles of Company worksites that taken together have a total of
50 or more employees.
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Definition of Serious Health Condition.
A serious health condition is an illness, injury, impairment, physical or mental condition that involves either an overnight stay in a medical care
facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school, work, or other daily activities.
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Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave.
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced work schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies also may be taken on an intermittent or reduced work schedule basis.
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Substitution of Paid Leave for Unpaid Leave.
Accordingly, CDL requires employees to use any accrued paid vacation, personal, and sick days during an unpaid FMLA leave taken
because of the employee’s own serious health condition or the serious health condition of a family member or to care for a seriously ill or injured family member in the military. In addition, the employee must use any accrued paid vacation or personal days (but not sick days) during FMLA leave to take care for a newborn or newly placed child or for a qualifying
exigency arising out of a family member’s active duty or call to active duty status in support of a contingency operation. In order to use paid leave for FMLA leave, employees must comply with the Company’s normal paid leave procedures found in its Vacation and Sick Leave policies.
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Employee Responsibilities.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the CDL’s normal call-in procedures. The Company may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave, absent unusual circumstances preventing the notice.
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Employees must provide sufficient information for CDL to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment
by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform CDL if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also are required to provide a certification and periodic recertification supporting the need for leave. CDL also may require a second, and if
necessary, a third opinion (at the CDL’s expense) and, when the leave is a result of the employee’s own serious health condition, a fitness for duty report to return to work will be required. The CDL also may delay or deny approval of leave for lack of proper medical certification.
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Health Insurance During Leave.
During any leave policy, you will continue to be covered by CDL’s group health insurance plan so long as you satisfy the requirements of this policy and the insurance plan.
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You pay your portion.
During a leave, you are responsible to pay your portion of the insurance
premium as though you continued in active employment. All premiums should be submitted to the Payroll Department. You may pay for your share of the premium before you take the leave, and you are required to pay it no later than thirty (30) days after it would be due if you were actively employed.
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Not returning to employment.
Coverage may stop if CDL learns and verifies that you do not intend to return to your employment or if you do not return to your employment. In these cases, CDL may request you to reimburse it for any premiums it has paid on your behalf during the leave unless the reason you did not return was because of a continued serious health condition or for other reasons beyond your control as identified in the FMLA.
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Failure to comply.
Failure to follow these practices may result in delay or denial of your leave.
In the case of foreseeable leaves, CDL may delay your leave for up to thirty (30) days from the day you notify CDL of your need to take the absence.
Company Responsibilities. CDL will inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If employees are not eligible, CDL will provide a reason for the ineligibility.
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CDL will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s FMLA leave entitlement. If the Company determines that the leave is not FMLA-protected, CDL will notify the employee.
Return to Work After Employee Medical Leave.
When an employee returns from an employee medical leave, he or she must provide certification or authorization that he or she is able to resume working. Prior to returning to work, you should contact your supervisor to submit your medical clearance to return to work and to determine when you should report for duty. Failure to follow these procedures may result in delay when you are ready to come back to work or discipline, up to and including termination.
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Restoration of Same or Equivalent Position
When an employee returns from a FMLA leave under this policy, you will be returned to the same or an equivalent position unless you have been notified prior to your leave request that you are a “key employee” You will not lose any seniority or benefits because of your leave, although you will not accrue any additional vacation, sick days, or other benefits during the period of the leave.
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If your FMLA leave exceeds the twelve (12) weeks within a twelve (12) month period, you will not be guaranteed a job upon return from the leave, unless otherwise required by law. Use of FMLA leave shall not insulate you from:
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• Disciplinary actions based on conduct that occurred prior to going on leave; or
• Transfer among positions if such transfer was planned prior to your requesting FMLA leave and is not based on the fact that a leave was planned.
• If you fail to return to work at the end of a FMLA leave, you will be considered to have voluntarily terminated your employment.
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Other Provisions.
Under an exception to the Fair Labor Standards Act (FLSA) in the FMLA
regulations, hourly amounts may be deducted for unpaid leave from the salary of executive, administrative, and professional employees; outside sales representatives; certain highly skilled computer professionals; and certain highly compensated employees who are exempt from the minimum wage and overtime requirements of the FLSA, without affecting the employee’s exempt status. This special exception to the “salary basis” requirements for the FLSA’s exemptions extends only to eligible employees’ use of FMLA leave.
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Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service or when CDL has approved the employment under its Moonlighting Policy and the employee’s reason for FMLA leave does not preclude the outside employment.
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Restrictions on New Child Leave
New child leave must be taken within twelve (12) months of the child’s birth or placement. New child leave must be taken at one time. If both husband and wife work for CDL, they will be entitled to a total of twelve (12) weeks combined leave rather than twelve (12) weeks each.
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Intermittent or Reduced Schedule Leave
If, and only if, it is medically necessary, family medical leave or employee medical leave may be taken on an intermittent or reduced schedule basis. Intermittent or reduce schedule leave will be counted on an hour-by-hour basis to apply toward the twelve (12) week maximum per twelve (12) months.
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As noted on the application form, you must explain the medical reason for an intermittent or reduced schedule leave, and you must support your reason with the appropriate medical certification. Furthermore, you must inform CDL about your anticipated treatment schedule and the reasons for your proposed schedule.
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CDL may require you to work in a different position or on a different schedule during the period of an intermittent or reduce schedule leave to better accommodate the necessities of your schedule. The alternative position will have the same pay and benefits as the position you held
prior to the commencement of the leave.
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Requirement to Minimize Disruption for Planned Medical Treatments
For all leaves involving planned medical treatments, including intermittent and reduced schedule leaves, you are obligated to plan for treatments that will cause the least disruption to CDL’s operations. Your earliest possible notice to CDL and your flexibility in scheduling will assist in
making certain that minimal disruptions occur.
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Unlawful Acts by Employers.
The FMLA makes it unlawful for any employer
(1) to interfere with, restrain, or deny the exercise of any right provided under the FMLA; or
(2) to 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.
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Enforcement.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
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The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
MILITARY LEAVE
CDL supports the military obligations of all employees and grants leaves for uniformed service in accordance with applicable federal and state laws. Any employee who needs time off for uniformed service should immediately notify the Human Resources department and his or her supervisor, who will provide details regarding the leave. If an employee is unable to provide
notice before leaving for uniformed service, a family member should notify the supervisor as soon as possible.
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Upon return from military leave, employees will be granted the same seniority, pay, and benefits as if they had worked continuously. Failure to report for work within the prescribed time after completion of military service will be considered a voluntary termination.
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All employees who enter military service may accumulate a total absence of 5 years and still retain employment rights.
BEREAVEMENT LEAVE
Employees with more than 60 days of service may take up to 3 days of paid bereavement leave upon the death of a member of their immediate family. “Immediate family members” are defined as an employee’s spouse, domestic partner, parents, stepparents, siblings, children, stepchildren,
grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, niece, or grandchild. Submit documentation to the HR Department.
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Payment for bereavement leave is computed at the regular hourly rate to a maximum of 8 hours for 1 day. In accordance with this policy, the amount of time employed for the purpose of calculating overtime is not credited.
JURY DUTY/ COURT APPERANCE
The CDL supports employees in their civic duty to serve on a jury. Employees must present any summons to jury duty to their supervisor as soon as possible after receiving the notice. This allows planning in advance for an employee’s absence.
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Nonexempt employees will be paid for up to 2 weeks of jury duty service at their regular rate of pay minus any compensation received from the court for the period of service. Exempt employees are subject to the same 2-week limitation except that they will also receive pay for any days they serve as a juror or witness in a workweek in which they actually perform work. All employees may use any accrued time off if required to serve more than 2 weeks on a jury.
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If an employee is released from jury duty after 4 hours or less of service, he or she must report to work for the remainder of that workday.
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Time for appearance in court for personal business will be the individual employee’s responsibility. Normally, personal days or vacation days will be used for this purpose.
VOTING
CDL recognizes that voting is a right and privilege of being a citizen of the United States and encourages employees to exercise their right to vote. In almost all cases, you will have sufficient time outside working hours to vote. If for any reason you think this won’t be the case, contact your supervisor to discuss scheduling accommodations.
CONTACT HUMAN RESOURCES
1308 N. Walnut St., Pittsburg, KS 66762
Email: hr@cdl-electric.com
Tel: (620) 231-6420
You can also contact us by using this form: