Sedgwick / Leaves of Absence Information

FMLA leaves are managed for NYSC by Sedgwick Absence Management.

Materials in English

Materials in Spanish

All Leave of Absence requests should go through our third party Leave of Absence Administrator, Sedgwick Absence Management (1-888-436-9530).

Types of Leaves of Absence Family and Medical Leave Act

Employees will be granted family and medical leave ("FMLA Leave") in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in such state or federal laws. In certain situations, the federal law requires that provisions of state law apply. In any case, employees will be eligible for the most generous benefits available under applicable law. Please see your state handbook supplement (available on the intranet) for additional information concerning leave that may be applicable to the state in which you work.

Please contact your supervisor and Sedgwick at 1-888-436-9530 as soon as you become aware of the need for FMLA Leave. Employees are expected to provide prompt notice to the company of any change(s) to an employee's return to work date and prompt response to requests for information. Accepting or continuing other employment while on leave that is contrary to the restrictions indicated by your FMLA certification, filing for unemployment insurance benefits while on leave or failing to return to work after the exhaustion of your FMLA Leave may be treated as a voluntary resignation from employment.

Employee Eligibility

To be eligible for FMLA Leave benefits, you must:

  1. have worked for the company for a total of at least 12 months (which need not be consecutive);
  2. have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and,
  3. work at a location where at least 50 employees are employed by the company within 75 miles, as of the date the leave is requested.

Reasons for Leave

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 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.

Qualifying exigencies may include short notice deployments, attending certain military events, arranging for alternative childcare, attending school or daycare facility meetings, providing parental care, addressing certain financial and legal arrangements , attending certain counseling sessions, attending post-development reintegration briefings, and addressing other events arising out of a military member's covered active duty that the Company and the employee agree qualifies as an exigency and agree as to duration and timing of leave. Leave taken for any of these reasons will be counted as a leave under the FMLA, regardless of whether the employee wishes to designate his/her leave as such. To the extent permitted by law, FMLA leave shall run concurrently with any other leave to which the employee is entitled (e.g., disability or workers compensation).

Length of Leave

The maximum amount of FMLA Leave will be twelve (12) work-weeks in any 12-month period when the leave is taken for:

  1. Bonding Leave;
  2. Family Care Leave;
  3. Serious Health Condition Leave; and/or,
  4. Military Emergency Leave.

However, if both spouses work for the company and are eligible for leave under this policy, the spouses will be limited to a total of 12 work-weeks off between the two of them when the leave is for Bonding Leave. The 12-month period will be measured on a "rolling" basis, measured backwards from the date of your first use of FMLA Leave, unless a state family and medical leave statute requires another method of measurement and requires a single method of measuring the leave period.

The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of twenty-six (26) work-weeks in a single 12-month period. A "ingle 12-month period" begins on the date of your first use of such leave and ends 12 months after that date. If both spouses work for the company and are eligible for leave under this policy, the spouses will be limited to a total of 26 work-weeks off between the two when the leave is for Military Caregiver Leave only or is for a combination of Military Caregiver Leave, Military Emergency Leave and/or Bonding Leave.

Under some circumstances, you may take FMLA Leave intermittently--which means taking leave in blocks of time, or by reducing your normal weekly or daily work schedule. Employees on intermittent leave may be transferred to an alternate work schedule, location or position to better accommodate leave. Leave taken intermittently may be taken in increments of no less than one hour. Leaves for birth or adoption of a child must be taken in consecutive weeks.

When an employee who has been approved for intermittent leave seeks leave time that is unforeseeable, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave at the time the employee calls out.

To the extent required by law, some extensions to leave beyond an employee's FMLA entitlement may be granted when the leave is necessitated by an employee's work-related injury/illness or a "disability" as defined under the Americans with Disabilities Act and/or applicable state or local law. If any employee requires an extension of leave beyond the FMLA period, they must notify Sedgwick prior to the expiration of their FMLA leave. Requests for extensions of leave will be assessed on a case-by-case basis in accordance with federal, state and local law.

New Mom or Dad Leave

While a new Mom or Dad is on FMLA leave because of the birth or adoption of a child, NYSC will provide the new Mom or Dad with up to five paid days of leave. This leave allows new parents to spend quality time bonding with their new child, coordinate the arrival and accommodations for their new child or make arrangements for longer term care. This leave will run concurrently with FMLA. Employees not eligible for FMLA are not eligible for New Mom or Dad Leave Pay.

Medical Leave

Employees not eligible for FMLA may be eligible for Medical Leave if they are out of work for 3 or more consecutive days due to a medical condition, or may be eligible for leave under an applicable state or local law. Unless state or local law has different requirements, a Medical Leave will be granted up to a maximum of 6 weeks in any 12 month period to employees who have been employed at least 6 months or more. To apply for Medical Leave, you must notify your Manager and contact Sedgwick at 1-888-436-9530.

Maternity Leave

Expectant mothers who are not eligible for FMLA leave and need time off for the birth of their child may be eligible for Maternity Leave as provided below, or as provided by state or local law. Unless state law has different requirements, Maternity Leave will be granted for 6 weeks for regular deliveries and 8 weeks for C-section deliveries. To apply for maternity leave, you must notify your Manager and contact Sedgwick at 1-888-436-9530.

ADA Leave or Accommodations

Employees who are in need of a special accommodation or time off due to a medical condition may be eligible under ADA (Americans with Disabilities Act) if they are unable to perform their essential job duties as determined by Sedgwick. Employees seeking this type of accommodation or leave should contact Sedgwick at 1-888-436-9530.

We are committed to complying with all applicable provisions of the Americans with Disabilities Act (ADA) and other federal, state and local legislation designed to ensure equal employment opportunities to qualified individuals with disabilities. Consistent with applicable law and NYSC's policy of non-discrimination, we will provide reasonable accommodations that will enable an individual to apply for or perform the essential functions of a job, as long as the accommodation does not impose an undue hardship on the company.

NYSC will also accommodate employees whose ability to perform the functions of their positions are limited by pregnancy, childbirth, a related medical condition, or breastfeeding in compliance with federal, state and local law. Typical accommodations for a pregnant employee may include, but are not limited to, more frequent breaks, provision of a chair for sitting, assistance with manual labor, temporary transfers to less strenuous work, or time off for medical appointments, bed rest, or recovery after child-birth.

Keep in mind that we cannot accommodate disabilities or pregnancies that we do not know about. It is your responsibility, as an employee or an applicant, to contact Sedgwick if you believe you are in need of an accommodation. NYSC will engage in a good faith interactive process with the applicant or employee to determine what, if any, effective and reasonable accommodations can be made. The individual requesting the accommodation must fully cooperate with the company in seeking and evaluating alternatives and accommodations. Sedgwick will require medical verification of both the disability and the need for the accommodation.

Military Emergency Leave

NYSC provides military leaves of absence to team members who serve in the uniformed services as required by applicable state and federal laws.

Employees are required to provide to Sedgwick:

Your need for leave should be reported to both your Manager and Sedgwick at 1-888-436-9530.

Workers' Compensation

State and local laws provide workers' compensation benefits to NYSC team members who suffer an occupational injury or illness. Team members are required to notify their manager and the Benefits Department as soon as possible of any work-related accident or injury, whether or not it occurs on the company's premises. Any time off that a team member takes as a result of a work-related injury or illness will run concurrently with any leave of absence the employee is eligible for.

Employee must contact Sedgwick at 1-888-436-9530 to file a leave of absence to run concurrently with their Workers' Comp leave. Managers are responsible for immediately completing and filing an Accident Report.

Crime Victim or Witness Leave

NYSC will comply with all state and local laws providing leave for the victim of, or witness to, a crime or to otherwise comply with a subpoena. Unless otherwise required by law, the leave will be without pay, although an employee may choose to use accrued PTO for the time off.

Employees should provide their supervisor with as much advance notice of the need for leave under this policy as is possible and, upon request, provide appropriate documentation concerning the need for leave.

Personal Leave of Absence

NYSC can grant team members with at least one year of full-time service up to a 30 day personal leave of absence to attend to issues not covered under our other leaves of absence. Requests for personal leave are granted on an exceptional basis and must be reviewed by the VP of Human Resources before the leave is granted. Personal leave is unpaid but you can use accrued PTO to cover all or a portion of the days.

Notice and Certification for Leave of Absence Requirements

Employees Are Required To Provide To Sedgwick:

Your need for leave should be reported to both your Manager and Sedgwick at 1-888-436-9530.

At the company's expense, the company may also require a second or third medical opinion regarding your own serious health condition. Employees are expected to cooperate with the company in obtaining additional medical opinions that the company may require.

The company will inform employees if their medical certifications are incomplete or insufficient and provide at least seven days to cure deficiencies. Failure to provide a timely medical certification may result in denial of a leave of absence.

When leave is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt the company's operation. Please contact your Manager prior to scheduling planned medical treatment.

The company may retroactively designate leave as leave of absence with appropriate written notice to employees, provided the company's failure to designate leave as leave of absence qualifying at an earlier date did not cause harm or injury to the employee. In all cases where a leave qualifies for leave of absence protection, the company and employee can mutually agree that leave will be retroactively designated as leave of absence leave.

Failure to Provide Certification and to Return from Leave

Absent, unusual circumstances, or failure to comply with these notice and certification requirements may result in a delay or denial of the leave. If you fail to return to work at your leave's expiration and have not obtained an extension of the leave, or take an unapproved leave, the company may presume that you do not plan to return to work and have voluntarily terminated your employment.

Compensation During Leave

Generally, a leave of absence is unpaid. However, you will be required to use your accrued PTO to cover the leave of absence, to the extent available. Once your accrued PTO balance is exhausted, the balance of your leave will be without pay, unless you are eligible for workers' compensation or short-term disability benefits in accordance with applicable state law. In no event may you receive more than your regular compensation while you are on the leave. The use of paid benefits will not extend the length of leave. All leave (including workers' compensation and state family and medical leave) will run concurrently with your leave of absence.

The only time an employee on leave will be paid without using PTO is during the first five days that a new mother or father is out for Bonding Leave.

In the event that salary increases and/or bonuses are granted by the company while you are on leave, you will be granted any salary increase and/or bonus for which you are eligible at such time as you return to work.

Job Reinstatement

Under most circumstances, you will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions, unless this causes an undue hardship to the Company. However, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement.

Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition Leave must submit an acceptable release from a health care provider that certifies the employee can perform the essential functions of the job as those essential functions relate to the employee's serious health condition. For an employee on intermittent FMLA leave, such a release may be required if reasonable safety concerns exist regarding the employee's ability to perform his or her duties, based on the serious health condition for which the employee took the intermittent leave.

"Key employees," as defined by law, may be subject to reinstatement limitations in some circumstances. If you are a "key employee," you will be notified of the possible limitations on reinstatement at the time you request a leave.

A Notice to Employees of Rights under FMLA (WHD Publication 1420) is attached to this Handbook.

Additional Definitions:

"Spouse", as defined in the statute, 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: (1) Was entered into in a State that recognizes such marriages; or (2) 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.

"Parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child, son or daughter as defined in paragraph (c) of this section. This term does not include parents "in law."

"Child, son or daughter" means, for purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care because of a mental or physical disability" or an adult dependent child at the time that FMLA leave is to commence.

(1) "Incapable of self-care" means that the individual requires active assistance or supervision to provide daily self-care in three or more of the "activities of daily living" (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

(2) "Mental or physical disability" means a physical or mental impairment that limits one or more of the major life activities of an individual. Regulations at 29 CFR 1630.2(h), (I), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.

(3) Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

"Adoption" means legally and permanently assuming the responsibility of raising a child as one's own. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for FMLA leave.

"Foster care" is 24-hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the State as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves agreement between the State and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody.

"Son or daughter on active duty or call to active duty status" means the employee's biological, adopted, or foster child, stepchild, legal ward, or a 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.

"Son or daughter of a covered service member" means the service member's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the service member stood in loco parentis, and who is of any age. "Parent of a covered service member" means a covered service member's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents "in law."

"Next of kin of a covered service member" means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member's next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member's only next of kin.

"Health Care Provider" means: (1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; (2) podiatrists, dentists, clinical psychologists, optometrists, chiropractors (limited treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-Ray to exist) authorized to practice under the State law and performing within the scope of their practice as defined by State law; (3) nurse practitioners, nurse-midwives, clinical social workers and physician assistants authorized under State law and performing within the scope of their practice as defined by State law; (4) Christian Science practitioners (may be required to submit to second or third certification through examination - not treatment of a health care provider); (5) any other health care provider from whom the employer or the employee's group health plan benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and (7) a health care provider who practices in a country other than the United States who is authorized to practice in accordance with the laws of that country and is performing within the scope of his or her practice as defined under such law. For purposes of leave taken to care for a covered service member, any one of the following health care providers may complete such a certification: (1) a United States Department of Defense ("DOD") health care provider; (2) a United States Department of Veterans Affairs ("VA") health care provider; (3) a DOD TRICARE network authorized private health care provider; or (4) a DOD non-network TRICARE authorized private health care provider.

Pay Changes & Benefits During Leave

If you are on leave during the normal merit review period, any merit increase you would have earned will be deferred until you return from the leave, unless otherwise required by law.

If you are enrolled in the company's health care plans, coverage will continue while you are on leave, subject to NYSC's ongoing benefits eligibility requirements. Employees taking Bonding Leave, Family Care Leave, Serious Health Condition Leave, and Military Emergency Leave will generally be provided with group health benefits for a 12 work week period. Employees taking Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum of 26 work-weeks. NYSC will continue making contributions for your group health benefits during your leave on the same terms as if you had continued to work. This means that if you want your benefits coverage to continue during your leave, you must also continue to make any premium payments that you are regularly required to make for yourself or your dependents. Arrangements for you to send in your contributions will be made at the time you apply for leave. Failure to make the contribution payments while on leave may result in the loss of your coverage. In some instances, the company may recover premiums it paid to maintain health coverage if you fail to return to work following a leave of absence. NYSC reserves the right to collect the full monthly premium for benefits after four months of leave. Your length of service as of the leave will remain intact.

Other Leave Information

NYSC complies with all other federal, state and local leave requirements. Please refer to the state-specific supplements available on the intranet for more information about policies specific to the state in which you work. You may also contact the Human Resources or Benefits Department with any questions that you have. NYSC will not retaliate, nor tolerate retaliation, against any team member who seeks or obtains leave under any of the policies set forth above, or pursuant to any federal, state or a team member is on a leave of absence for their own medical condition, prior to being allowed to return to work, the team member must submit an acceptable release from a health care provider that certifies the team member can perform the essential functions of the job, with or without a reasonable accommodation, as those essential functions relate to the team member's health condition.