PAP.9.7.100 Family and Medical Leave

Team members may be eligible for up to twelve (12) weeks of family and medical leave during any twelve (12) month period. The leave may be paid, unpaid, or a combination of paid and unpaid, depending on the circumstances. This policy sets forth the Gaming Enterprise's policies and procedures for requesting family and medical leave.

(a) Eligibility for Leave. To be eligible for family and medical leave under this policy all of the following conditions must be met:

(1) A team member must have been employed by the Gaming Enterprises for at least twelve (12) months or fifty-two (52) weeks.

(2) A team member must have worked at least one thousand two hundred fifty (1250) hours during the twelve (12) months immediately preceding the request for leave.

(b) Reasons for Requesting and Types of Leave. Team members who are eligible for leave under this policy may request up to twelve (12) workweeks of unpaid leave during any twelve (12) month period for the following reasons:

(1) To care for a child following the child's birth or placement for adoption or foster care (this may be taken only within twelve (12) months of the birth or placement).

(2) To care for an immediate family member who has a serious health condition as defined in Section PAP.9.2.010(o) of this manual.

(3) Because the team member has a serious health condition as defined in Section PAP.9.2.010(o) of this manual, which prevents the employee from performing the functions of the position.

(c) If a team member takes PTO for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the Gaming Enterprises may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

(d) If both parents work for the Gaming Enterprises, and each wishes to take leave for the birth of a child, adoption or acceptance of a child in foster care, or to care for an immediate family member with a serious health condition, the team members may only take a combined total of twelve (12) weeks of unpaid leave.

(e) Team members can take up to twelve (12) weeks of leave under this policy during any twelve (12) month period. The Gaming Enterprises will measure the twelve (12) month period as a rolling twelve (12) month period measured backward from the date a team member uses any leave under this policy. Each time a team member takes a leave, the Gaming Enterprises will compute the amount of leave you have taken under this policy and subtract it from the twelve (12) weeks of available leave, and the balance remaining is the amount a team member is entitled to take at that time. An employee's family or medical leave taken may run concurrently with other types of leave including workers' compensation and other leaves, such as short-term or long-term disability, etc. If a team member is not released to return to work within the allowable twelve (12) weeks in a rolling twelve (12) month period, the team member will be released from their employment with the Gaming Enterprises. The team member's release from employment shall be classified as being in good standing and they would be eligible for rehire with the gaming enterprises without the six (6) month wait for rehire. The team member would be required to supply a medical release at the time of application in this situation.

(f) Intermittent or Reduced Work Schedule Leave. Leaves may be taken all at once or on an intermittent or reduced work schedule basis. Intermittent or reduced work schedules may be used only in the following circumstances:

(1) In situations where leave is requested due to the birth, adoption or acceptance of a child in foster care, intermittent or reduced work schedules will be granted at the Gaming Enterprise's sole discretion and if granted must be taken within one (1) year of the birth or placement of the child.

(2) In situations where leave is requested in order to care for an immediate family member who suffers from a serious health condition or because of an employee's own serious health condition, intermittent or reduced work schedules will be granted only when an employee can prove the leave is medically necessary.

(3) In situations where an intermittent or reduced work schedule is permitted, the Gaming Enterprises may require an employee to transfer to an alternative position with equivalent pay and benefits in order to accommodate the recurring periods of absence.

(g) Use of Paid and Unpaid Leave. Team members who have accrued PTO must use paid leave first and take the remainder of the twelve (12) weeks as unpaid leave.

(1) Team members who take a leave because of their own serious health condition or the serious health condition of a family member must use all accumulated PTO prior to being eligible for unpaid leave.

(2) Team members who take leave for the birth of a child must use paid PTO for physical recovery following childbirth, except where such leave is compensated as paid maternity leave under this personnel policy and procedural manual or as paid short-term or long-term disability leave. These team members must then use all paid PTO leave, and then will be eligible for unpaid leave for the remainder of the twelve (12) weeks. Employees who take leave for the adoption or acceptance of a child in foster care must use all paid PTO prior to being eligible for unpaid leave.

(h) Procedure for Requesting Leave. In situations where leave is foreseeable, team members must provide written notice to the Director/Manager at least thirty (30) days prior to the date on which the leave is scheduled to begin. If the leave is foreseeable due to a planned medical treatment, employees must make reasonable efforts to schedule the treatment(s) to minimize disruptions to the Gaming Enterprise's operations. If circumstances occur, in which it is not practicable to provide thirty (30) days' notice, team members must provide written notice as far in advance as is practicable. If a team member fails to provide thirty (30) days advance written notice of a requested leave and have no reasonable excuse, the leave may at the Chief Executive Officer's discretion be delayed for up to thirty (30) days from the date of written notice.

(i) Medical Certification Requirement. When leave is requested because of a serious health condition affecting a team member or his or her immediate family member, the Gaming Enterprises requires the employee to obtain certification of the health condition from the pertinent doctor or health care provider. This certification must be provided to the Director/Manager within fifteen (15) days after the leave is requested or, when the need for leave was unforeseeable, within fifteen (15) days after the leave has commenced unless it is not practicable to do because of the nature of the health condition.

(1) If a team member seeking leave due to a serious health condition fails to provide the required medical certification, the leave will be denied until the certification is provided. If the leave request was not foreseeable, such as in a medical emergency, the failure to provide the required medical certification within a reasonable time may result in the denial of continuation of leave. Medical certification provided in justification of a request for leave must include the following information:

(A) The date on which the serious health condition started and its expected duration;

(B) The diagnosis concerning the condition;

(D) A statement of whether in-patient hospitalization is required; or

(E) A statement that the team member is needed to care for his or her immediate family member afflicted with a serious health condition or, if the team member has the serious health condition, a statement that he or she is unable due to the health condition to perform the essential functions of the position or work of any kind.

(2) The Gaming Enterprises, if it doubts the certification, at its expense, may require an employee seeking leave due to a serious medical condition to obtain a second opinion from a doctor or other health care professional designated by the Gaming Enterprises. If the second opinion conflicts with the certification provided by the team member, the Gaming Enterprises may, at its sole discretion and at its expense, require a third opinion from a doctor or other health care professional designated jointly by the Gaming Enterprises and the team member. Such a third opinion will be final and binding.

(3) If a team member plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. During a leave taken under this section, team members may be required to provide, periodically, written notice to the Director/Manager concerning his or her status and intention to return to work.

(j) Return from Leave. Upon completion of leave due to a team member's own serious health condition, the team member must provide the Gaming Enterprises with medical certification from his or her doctor or other health care professional that the team member is now able to return to work. If a team member fails to provide this certification, he or she will not be permitted to return to work until such certification is provided. A team member who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms. The Gaming Enterprises may choose to exempt certain highly compensated employees from this requirement and not return them to the same or similar position.

(k) Health Benefits during Leave.

(1) During a leave taken pursuant to this policy, an employee's health benefits under any existing Tribal sponsored health plan will be continued as if the employee had continued in employment continuously for the duration of the leave. If, however, an employee fails to return at the end of a leave taken under this policy, except if this is due to the continuation, recurrence or onset of a serious health condition or something else beyond the team member's control, then the Gaming Enterprises may recover from the employee all of the health care premiums paid to maintain health coverage during the leave.

(2) If under the Gaming Enterprise's current policy, a team member pays a portion of the health care premium, while on paid leave, the Gaming Enterprises will continue to make payroll deductions to collect the team member's share of the premium. While on unpaid leave, the team member must continue to make this payment, either in person or by mail. The payment must be received by the first day of each month. If the payment is more than thirty (30) days late, the team member's health care coverage may be dropped for the duration of the leave.