Eligibility Requirements

• Have worked for KBP Brands for at least 12 months (separate periods of employment will count towards the 12 months so long as the break in between employment does not exceed seven years)
• Have worked at least 1,250 hours in the 12 months immediately preceding the leave.
• Work at a location where at least 50 employees are employed within 75 miles as of the date leave is requested.

All periods of absence from work due to or necessitated by service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) is counted in determining FMLA eligibility.

• The birth of a child, placement of a child for adoption or foster care, or to bond with a child (leave must be taken within one year of the child’s birth or placement).
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition.
• For the employee’s own qualifying serious health condition that makes the employee unable to perform their job.
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

If both spouses work for KBP and are eligible for FMLA leave, the spouses will be limited to a total of 12 weeks of FMLA leave between the two when the leave is for bonding with a child or to care for a child or parent. An eligible employee who is a covered service member’s spouse, child, parent or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the service member with a serious injury or illness.

While an employee is on FMLA leave, KBP will continue health insurance coverage as if the employee was not on leave. The employee is still responsible for the employee portion of any health insurance coverage or other company-sponsored benefits the employee wishes to continue while on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

KBP may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

KBP will require certification for the employee’s or qualified family member’s serious health condition to determine if the requested leave qualifies for FMLA leave. The employee must respond within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial or continuation of leave. Medical certification will be provided using the DOL Certification of Serious Health Condition. KBP may directly contact the employee’s health care provider for verification purposes or clarification, using a health care professional or a company HR professional. Before KBP contacts the employee’s health care provider, the employee will be given an opportunity to resolve any deficiencies in the certification. In compliance with HIPAA medical privacy rules, KBP will obtain the employee’s permission for clarification of individual identifiable health information.

Once KBP becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, KBP must notify the employee if they are eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If an employee is not eligible, KBP must provide a reason for ineligibility. KBP must notify the employee if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.

A “serious health condition” is an illness, injury, impairment, or 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 you from performing the functions of your job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider, or one visit to a health care provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment.

KBP measures the 12-month period in which leave is taken by the rolling 12-month method, measured backward from the start date of any FMLA leave, with one exception. For leave to care for a covered service member, KBP calculates the 12-month period beginning on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date. FMLA leave for the birth of a child, or placement of a child for adoption or foster care, must be concluded within 12 months of the birth or placement.

An employee may take FMLA leave in a single block of time, intermittently (in separate blocks of time), or by reducing their normal work schedule when medically necessary for the serious health condition of the employee or immediate family member, or in the case of a covered service member, his or her injury or illness. An employee may also take intermittent or reduced-scheduled leave for military qualifying exigencies. Intermittent leave is not permitted for birth of a child, to care for a newly born child, or for placement of a child for adoption or foster care.

Employees who require intermittent or reduced-schedule leave must make all reasonable efforts to schedule intermittent leave in advance so as not to disrupt normal business operations.

In the event an employee is not able to schedule intermittent leave in advance, they must notify their manager and Human Resources Business Partner regarding their intended absence and use of intermittent FMLA. This notification must occur at least one hour prior to work start time to avoid work disruption, and to avoid potential misclassification of absence reason and/or absence penalty. Exceptions to this advance notice requirement will be considered only in cases of incapacity, or under other unusual circumstances which make such notice impracticable. An employee is not required to discuss their own, or covered family members, health conditions with their manager, but proactive notification of use of intermittent FMLA is a requirement for absence(s) to be protected.

FMLA leave runs concurrently with any other applicable leave and paid leave benefit, including Workers Compensation and Short-Term Disability leaves, to the extent permissible under applicable law.

If an employee’s approved and certified FMLA leave is for their own serious health condition, or to care for an immediate family member (spouse, child, or parent), the employee must concurrently use all paid leave such as PTO, paid sick leave, and short-term disability (if applicable). KBP will automatically apply all accrued paid PTO and sick time, as needed. This includes any future scheduled PTO that has been approved. The employee must also comply with KBP’s normal procedures for the application, approval, and management of all applicable paid leave policies (e.g., call-in procedures, advance notice, etc.).

If approved, eligible salaried employees may take paid time away from the office for FMLA or medical leave, up to the limits below:

Holidays that occur during FMLA Leave will be paid if an employee is eligible for holiday pay. If an employee has elected and is approved for Short Term Disability, they may be eligible for an additional 5 days of pay continuance.

If an employee and/or their family participate in KBP’s benefit plans, KBP will maintain coverage during FMLA leave on the same terms as if the employee had continued to work. If applicable, the employee must make arrangements to pay their benefit plan premiums while on leave. KBP may recover premiums it paid to maintain benefits for an employee and/or their family used while on FMLA, and/or recover remaining premiums upon the employee’s return to work. Benefit premiums must be paid within 30 days or coverage may be terminated. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave.

Any employee who fails to return to work as scheduled after FMLA leave or exceeds the 12-week FMLA entitlement (or in the case of military caregiver leave, the 26-week FMLA entitlement), will be subject to KBP’s standard leave of absence and attendance policies. This may result in termination if the employee has no other Company-provided leave available that applies to the continued absence. Likewise, following the conclusion of the employee’s FMLA leave, KBP’s obligation to maintain the employee’s health plan benefits end (subject to any applicable COBRA rights).

KBP generally prohibits an employee from holding other employment during the period of a certified FMLA leave. This policy remains in force during all leaves of absence, including FMLA leave, and may result in disciplinary action, up to and including termination of employment.

Providing false or misleading information, or omitting material information, in connection with an FMLA leave, will result in discipline, up to and including termination.