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Medical Leave of Absence (Non-FMLA)

Employees with at least 90 days of current service may request an unpaid personal medical leave of absence with medical certification for up to 12 weeks in a 12-month period. A medical leave of absence without pay may be granted in an instance where the employee does not qualify for Family and Medical leave for their own serious health condition. If an employee is granted leave, they must comply with the terms and conditions of the medical leave, including keeping in touch with the Company during your leave, providing regular updates and recertification documents, and giving the Company prompt notice if there is any change in their return date. This type of leave cannot be used in conjunction with any other leave, unless required by law.

Requests for non-FMLA medical leave must be made in writing at least 2 weeks before the leave begins, or as soon as practical given the circumstances, must fully explain the conditions that necessitate the medical leave, and include medical certification which supports such leave. Each request will be considered on its own merit while taking into consideration business needs.

Use of Accrued Paid Leave

Any approved personal medical leave requires that any and all accrued paid leave, such as PTO, and short-term disability/illness continuation pay, be utilized before taking an unpaid leave.

Pay Continuance (Salaried Above Restaurant Leaders and Salaried Home Office Employees only) If approved, eligible salaried employees may take paid time away from the office for medical leave, up to the limits below:

Years of Service Pay Continuance Eligibility
Less than 1 year Up to 5 days
1 year - less than 5 years Up to 10 days
5 years - less than 10 years Up to 15 days
10+ years Up to 20 days

Holidays that occur during a medical 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.

Maintenance of Benefits

If you and/or your family participate in our group health plan, the Company will maintain coverage during your unpaid medical leave (up to 12 weeks) on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Company may recover premiums it paid to maintain health coverage or other benefits for you and/or your family from either paid leave programs you are using while on unpaid medical leave, and/or recover remaining premiums upon your return to work.

Other Employment

You must not accept other employment or apply for unemployment insurance while you are on a medical leave of absence or continue any outside employment that is inconsistent with your need for leave. Acceptance of other employment while on medical leave will be treated as a voluntary resignation from employment at the Company.

The granting of a non-FMLA medical leave of absence does not guarantee your position will be available upon your return from the leave. The Company endeavors, however, to place employees returning from non-FMLA medical leave in their former position, or in a position comparable in status and pay. If you refuse the offer of an alternate position, you will be considered to have voluntarily resigned as of the date of refusal.

Failure to Return

An employee who falsifies the reasons for requesting a medical leave is automatically terminated from employment as of the date the leave commenced. An employee who fails to report to work on the first rescheduled day following expiration of a medical leave of absence will be considered to have voluntarily resigned.

You should speak directly with the Leave Administrator to apply for a non-FMLA medical leave. Prior to taking a leave, you must ensure that you understand all your obligations to the Company while on leave, such as your periodic reporting and recertification obligations. Failure to comply with the Company policy may substantially affect your ability to return to work under this policy.

    11.2023