to a qualifying military exigency. Such documentation may be in the form of a copy of the military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed, and the employee’s relationship to the military member. • Periodic reports are required during the leave regarding your status and intent to return to work. • Medical certification of fitness for duty before returning to work, if the leave was due to your serious health condition, as permitted by law. AJK will require this certification to address whether you can perform the essential functions of your position. Failure to comply with the above requirements may result in delay, denial of leave, or disciplinary action. Employer Responsibilities under the FMLA and CFRA AJK will inform you whether you are eligible for leave under the FMLA and/or CFRA. Should you be eligible for FMLA and/or CFRA leave, AJK will provide a notice that specifies any additional information required as well as your rights and responsibilities. AJK will also inform you if leave will be designated as FMLA and/or CFRA-protected and, to the extent possible, note the amount of leave counted against your leave entitlement. If you are not eligible for FMLA and/or CFRA leave, AJK will provide a reason for the ineligibility. Job Restoration under the FMLA and CFRA Except as otherwise provided by applicable law, upon returning from FMLA and/or CFRA leave, you will be restored to the same or a comparable position as the position held prior to the leave. Failure to Return after FMLA and/or CFRA Leave If you fail to return to work as scheduled, fail to contact the Company after your FMLA and/or CFRA leave expires, or you exceed the twelve (12) week entitlement (or in the case of military caregiver leave under the FMLA, twenty-six (26) week entitlement), you will be subject to AJK’s standard leave of absence and attendance policies. Likewise, following the conclusion of your FMLA and/or CFRA leave, AJK’s obligation to maintain your group health plan benefits may end (subject to any applicable COBRA rights). If you are unable to return to work after FMLA and/or CFRA leave, you must notify the HR Manager. If AJK becomes aware of the need for additional leave, AJK will engage in an interactive process to determine whether the condition is a disability for which additional unpaid leave may be provided as a reasonable accommodation. Other Employment During FMLA and/or CFRA Leave While on a leave of absence, employees are prohibited from holding other employment, including self-employment, not held immediately prior to the start of the leave. In other words, an employee who has another job in addition to the employee’s job with the Company may continue Revised January 2024 Page 44 of 55
2024 AJK Employee Handbook Page 48 Page 50