Overview/Policy Statement
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job protection in the event of their own serious health condition or the serious health condition of a qualifying family member (as defined below) and up to either 12 or 26 weeks of leave for qualifying military family leave situations.
The leave provisions noted in the following policy are based on the requirements of the FMLA with certain exceptions (e.g., leave available for domestic partners). Additional state laws may apply that provide additional protections.
Rationale
The Hartford complies with the FMLA and other applicable federal and state laws. Managers and employees are responsible for adherence to company policy.
Eligibility
U.S. employees of The Hartford are eligible for leave if they have:
- At least 12 months of service at the time of the qualifying event and
- Have worked a minimum of 1,250 hours in the previous 12 months with The Hartford or one of its participating subsidiaries at the time of the qualifying event.
Note: The Hartford counts all hours worked for which an employee is paid towards the 1,250 hour requirement and any time on Bereavement Leave or Jury Duty. The Hartford does not count paid time off (PTO), paid holidays, any time on Short-Term Disability (STD) or any unpaid time off or leave towards the 1250 hour requirement.
Applying the Policy
I. Serious Health Condition Leave:
The Hartford provides eligible employees with unpaid leave, job protection, and health and welfare benefits continuation for up to 12 weeks in a rolling twelve-month period in the following qualifying cases:
- the serious health condition of the employee
- the serious health condition of a spouse, son, daughter, parent, or domestic partner requiring the employee to provide care
- prenatal care or incapacity due to pregnancy
- well-child care for the birth, adoption or foster care placement of a child
Definition of "Qualifying Family Member":
Spouse means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one state.
This definition includes an individual in a same-sex or common law marriage that either:
- Was entered into in a state that recognizes such marriages; or
- If entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.
Domestic partner means an adult of the same or opposite sex engaged in a spouselike relationship characterized by mutual caring and dependency, including a domestic partner registered with a local government registry.
For purposes of definitions below, all apply equally to a spouse or domestic partner.
Son or Daughter (of either a spouse or a domestic partner) means:
- Biological, adopted, foster, stepchild, ward or child of one standing in loco parentis
- Under age 18 or a child of any age who is incapable of self-care due to mental or physical disability.
Parent (of either a spouse or domestic partner) means biological, adoptive, foster, stepparent or one who stands in loco parentis to a child.
Definition of "Serious Health Condition":
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:
- Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient
care; or - Continuing treatment by a health care provider, which includes:
- Period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:
- Treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity) or
- One treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regiment of treatment (e.g., prescription medication, physical therapy); or
- Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or
- Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or
- A period of incapacity that is permanent or longterm due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or
- Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.
II. Military Family Leave:
The Hartford provides eligible employees with unpaid leave, job protection, and health and welfare benefits continuation for up to: (i) 12 weeks in a rolling twelve-month period in the event of a need for a qualifying exigency leave; or (ii) 26 weeks in a single twelve month period in the event of a need for a military caregiver leave.
A. Qualifying Exigency Leave: Eligible employees with a spouse, son, daughter, parent, or domestic partner who is a member of the Armed Forces and deployed to a foreign country or is a member of the National Guard or Reserves and deployed to a foreign country under a call or order to active duty are eligible for leave to address the following qualifying exigencies arising from the covered military member's active duty status:
- short notice deployment (seven days or less of notice)
- attending certain military events and related activities,
- attending to certain childcare and related activities,
- addressing certain financial and legal arrangements,
- attending certain counseling sessions,
- spending up to fifteen days with a covered military member on rest and recuperation leave during deployment,
- attending certain post-deployment activities,
- attending to certain parental care and related activities, and
- any other event that the company and the employee agree is a qualifying exigency.
B. Military Caregiver Leave: An eligible employee who is the spouse, son, daughter, parent, domestic partner or next of kin of a current member or a veteran of the Armed Forces, including a member of the National Guard or Reserves, is eligible for up to 26 weeks of unpaid, job protected leave, and health and welfare benefits continuation in a single 12 month period to care for the covered servicemember with a serious injury or illness that was incurred in the line of duty on active duty (or existed before the beginning of the servicemember's active duty and was aggravated by service in the line of duty on active duty) that may render the servicemember medically unfit to perform his or her duties or, in the case of a veteran, that manifested itself before or after the servicemember became a veteran and otherwise satisfies the definition of a “serious illness or injury” under the FMLA. The single 12-month period is measured forward from the first day an employee takes leave to care for the injured servicemember.
Definition of "Qualifying Family Members" for Military Family Leave:
In addition to the definitions of family member above, the following definitions apply only to Military Family Leaves (State definitions of "family member" may differ and will be considered when determining an employee's eligibility for leave):
Son or daughter deployed to a foreign country (for purposes of Qualifying Exigency Leave): means the employee's biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.
Parent (for purposes of Qualifying Exigency Leave): means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee, but does not include parent-in-law.
Parent of a covered servicemember (for purposes of Military Caregiver Leave): means the servicemember's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember, but does not include parent-in-law.
Son or daughter of a covered servicemember (for purposes of Military Caregiver Leave): means the servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the servicemember stood in loco parentis, and who is of any age.
Next of kin (for purposes of Military Caregiver Leave): means the servicemember's nearest blood relative, other than the covered servicemember's spouse, parent, son or daughter or domestic partner, in the following order of priority (unless the servicemember has designated in writing another blood relative for purposes of this leave): blood relatives who have been granted legal custody of the servicemember, brothers and sisters, grandparents, aunts and uncles, and first cousins.
Covered Servicemember (for purposes of Military Caregiver Leave): means (i) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or (ii) a veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces, including the National Guard or Reserves, and was discharged or released under conditions other than dishonorable at any time during the 5-year period prior to the first date an eligible employee requests leave to care for the veteran.
General Provisions
Job Protection
If eligible, the employee will be provided with up to 12 weeks of job protected leave per rolling twelve-month period (or, in the case of a Military Caregiver Leave, 26 weeks during a single twelve month period). If the employee returns to work prior to exhausting the available leave, the employee will be reinstated either to his or her own job or an equivalent one. An “equivalent job” has the same pay, benefits, and terms and conditions of employment as the position he or she held prior to leave. It involves the same or substantially similar duties and responsibilities in the same or nearby work site.
Extensions
If an employee is on a FML and realizes he or she needs more leave than originally planned, the employee must notify both his or her manager and HartLeave of the need, and request an extension as soon as possible. Requesting an extension may require the submission to HartLeave of additional medical documentation. FML that totals more than 12 weeks in any rolling 12-month period (or, in the case of Military Caregiver Leave, 26 weeks in a single twelve month period) cannot be extended.
Impact of FML to Paid Time Off (PTO)/Holiday Time
An employee taking FML has the option to use PTO, if the employee would like to be paid. If the employee does not have accrued time in their PTO bank, he or she may borrow up to one work week equivalent of PTO in order to be paid. Otherwise, the time will be unpaid.
If the employee has no PTO available, or is not eligible for PTO, the employee will not be paid.
If an employee elects to use PTO during an approved FML, the PTO time will run concurrently with the FML, and will not extend the available FML time.
Employees do not accrue PTO while taking FML.
Employees are not paid for any holidays that occur while taking FML. You will receive credit for holiday time while on leave and will be able to take that time when you return to work. Holiday time upon your return to work must be taken in the same calendar year. Holiday hours are not paid out to employees at termination of employment and cannot be carried into the next year.
Well-Child Care
Eligibility for leave following the birth or placement of a child in the employee's home expires 12 months after the birth or placement.
If an employee takes a leave for well-child care, it must be continuous, not intermittent leave.
Filing a Claim for Family Medical Leave
If an employee needs to file a claim for FML, he or she must notify his or her manager of the need for a leave and call HartLeave at 800-727-9737. If the leave is foreseeable, the employee must call HartLeave at least 30 days in advance of the absence. If the leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable - generally, either the same or next business day. If the absence is not foreseeable, the employee must call his or her manager following the normal call in procedures for their department and HartLeave within 3 business days of the commencement of the leave.
Requests for leave due to qualifying exigency must be provided to the company as soon as practicable.
HartLeave will send the employee a packet of information regarding his or her eligibility for FML and explaining his or her rights and responsibilities.
Returning to Work
An employee should contact HartLeave at 800-727-9737 as soon as he or she anticipates returning to work and again on return to work date.
Failure to Return to Work
If an employee does not return from FML on the agreed upon date, and the employee has not provided HartLeave with acceptable medical documentation for his or her continued absence, he or she may be subject to disciplinary action up to and including termination.
Other Information
The Hartford's FML is unpaid time off, except as required by applicable state law or local law; however, full-time employees on FML due to their own serious health condition may be eligible for Short Term Disability (STD) and/or Long Term Disability (LTD) benefits.
Under some circumstances, employees may take FML "intermittently". Intermittent leave is leave taken in blocks of time or a reduction to the normal weekly or daily work schedule.
Intermittent leave may include periodic or continual absences of less than a full day. The Hartford retains the right to designate any qualified absence(s) as FML. Absences due to work-related injuries may qualify as FML.
Spouses or domestic partners who are both employed by The Hartford are independently eligible for FML for all qualifying events.
If an employee is on FML, his or her annual performance review (and any related increase) will be deferred until the employee returns from leave.
If exempt employees are absent for FML (including for periods of less than an entire work day), their pay will be docked unless available PTO is substituted.
Revised: 3/31/2020