betenbough homes

time off & Leave

MILITARY LEAVE  |  We will grant a military leave if you are absent from work because you are serving in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). You must give your leader advance notice of upcoming military service, unless military necessity prevents advance notice, or it is otherwise impossible or unreasonable.

You will not be paid for military leave. However, you may use any available accrued paid time off, to help pay for the leave. Under the Fair Labor Standards Act (FLSA), exempt team members may not have their salary reduced for partial-week absences due to temporary military leave.

As such, exempt team members who work any portion of the work week and are absent the remainder of the week for military-related duties will be paid the entire week at regular base pay.

Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions, and limitations of the applicable plans for which you are otherwise eligible.

If you are on military leave for up to 30 days, you must return to work on the first regularly scheduled work period after your service ends (allowing for reasonable travel time). If you are on military leave for more than 30 days, you must apply for reinstatement in accordance with USERRA and applicable state laws.

When you return from military leave (depending on the length of your military service in accordance with USERRA), you will be placed either in the position you would have attained if you had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, you will be treated as if you had been continuously employed.

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VOTING TIME OFF  |  In accordance with Texas law, any team member will be provided two consecutive hours of PTO on election days to vote (assuming you have not already voted, and you do not have two consecutive hours outside your normal working hours). Team members must coordinate this time away from work in advance with their leader.

FAMILY MEDICAL LEAVE ACT (FMLA)  |  We follow federal guidelines as they apply to FMLA. If you have any further questions, please contact Employee Support for full FMLA guidelines.

General Provisions
We will grant up to 12 weeks of leave during a 12-month period to eligible team members (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness). The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave.

Eligibility
To qualify to take FMLA under this policy, the team member must meet all of the following conditions:


The team member must have worked for the Company for 12 months or 52 weeks. The 12 months or 52 weeks does not have to be consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the team member after the service break. For eligibility purposes, a team member will be considered to have been employed for an entire week even if the team member was on the payroll for only part of a week or if the team member is on leave during the week.

The team member must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. The 1,250 hours do not include time spent on paid or unpaid leave. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for a team member under FMLA.

Qualified Types of Leave
To qualify as FMLA leave under this policy, the leave must be for one of the reasons listed below:

    • The birth of a child and in order to care for that child.
    • The placement of a child for adoption or foster care and to care for the newly placed child.
    • To care for a spouse, child, or parent with a serious health condition.
    • The serious health condition of the team member.
    • Qualifying exigency leave for family members of the National Guard or Reserve or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty.
    • To care for a covered service member with a serious injury or illness if the team member is the spouse, son, daughter, parent, or next of kin of the covered service member.

 

Team members with questions about their FMLA rights and responsibilities are encouraged to consult with Employee Support to review full details not included in this document.

DISABILITY ACCOMMODATION  |  We are committed to complying fully with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAA). We are also committed to ensuring equal opportunity in employment for qualified persons with disabilities. We conduct all our employment practices and activities on a non-discriminatory basis.

It is our policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions, and privileges of employment.

We will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation or if the accommodation creates an undue hardship to us.