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Residential Services of Northeastern Minnesota, Inc.

2900 Piedmont Ave
Duluth, MN 55811
Phone: (218) 727-2696
Fax: (218) 727-2893
Website: http://www.residentialservices.org

Employee Leave of Absence

A leave of absence without pay for non-FMLA-qualified reasons may be granted to both Full-Time and Part-Time staff for compelling personal reasons, provided adequate arrangements can be made to cover the employee's job duties during such absence. The staff must have completed their three-month training period in order to be eligible. The leave period shall not exceed 90 days. The leave will not be granted if significant inconvenience or more than a nominal expense to RSI will result. An employee's salary is not continued during a leave of absence used for personal reasons.

All requests for a leave of absence for non-FMLA-qualified reasons must be submitted to the employee's immediate supervisor and approved by the Human Resources Director and Program Manager. The request must be in writing and for purposes not to include engaging in other employment. Leave, if granted for full-time benefited positions, will be taken without benefit accrual, but the employee may retain existing medical and dental insurance, provided that the employee pays the premiums in full. On granting a leave, RSI assures the employee that he/she will be offered an "essentially similar" position after returning from leave. This does not mean that minor changes might not be made to the position (such as those required by scheduling or client needs). Leave requests should be submitted in writing at least 30 days in advance of the date the leave is anticipated to.

Employees must complete a new Leave of Absence Application if an extension is requested. The extension request must not exceed 90 days from the originally approved leave date.

An employee granted a personal leave of absence is expected to resume work on the first scheduled work day following the expiration date of such absence. Employees failing to return to work at the expiration of the approved leave will be deemed to have “voluntarily quit” their position, and such will be reported to the Minnesota Department of Economic Security.

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Family and Medical Leave (FMLA)

RSI complies fully with all provisions of the Family and Medical Leave Act and offers limited additional pay benefits to full-time staff members who will miss work for long periods due to illness or injury. (See the Benefits section for information on disability pay.) To be eligible for Family and Medical Leave under law, staff members must have:

Under the act, eligible employees may request leaves of absence of up to 12 weeks per year for personal illness or injury, or to care for sick or injured immediate family members. New parents who work for the same company may take up to 12 weeks total to care for a newborn.

An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of unpaid leave for reasons related to or affected by the family member’s call-up or service.

Under the act, employees are also eligible for military caregiver leave (also known as covered service member leave) to care for an ill or injured service member. This unpaid leave may extend to up to 26 weeks in a single 12-month period for an employee to care for a spouse, son, daughter, parent or next of kin covered service member with a serious illness or injury incurred in the line of duty on active duty. Next of kin is defined as the closest blood relative of the injured or recovering service member.

Staff members who need family, military caregiver or medical leave should request it in writing from the Human Resource Director. Reasons for the leave should be stated in the request and a doctor's note attached, if applicable. The Human Resources Director approves all requests for FMLA leave. On granting a leave, RSI assures the employee that he/she will be offered an "essentially similar" position after returning from leave. This does not mean that minor changes might not be made to the position (such as those required by scheduling or client needs). Employees who have been at RSI for less than one year or who have worked less than 1250 hours in the past year are not eligible for leave. In emergency circumstances, these staff may be removed from the schedule for short periods or may quit voluntarily with eligibility for rehire.

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Jury Duty

RSI will grant employees time off for mandatory jury duty or court appearances as a witness when the employee must serve or is required to appear as a result of a court order or subpoena. A copy of the court order or subpoena must be supplied to the employee's supervisor/manager when requesting time off. These documents will need to be submitted to payroll. The employee is entitled to full pay (less any payment received for jury service or witness fees) for each day of jury duty or service as a witness up to a maximum of five (5) days per year in addition to any other paid leave. Any exceptions would require the approval of the Executive Director.

Employees appearing as a plaintiff, defendant, or for non-subpoenaed court appearance will not receive compensation for time served. PTO or unpaid leave should be used for these instances.

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Military Leave

A leave of absence will be granted to any full- or part-time employee who enters the military service, either voluntarily or involuntarily, in accordance with law. This policy also applies to employees who are active members of military reserve units and who are required to participate in periodic summer encampments.

It is our policy to grant leaves of absence without pay to regular full-time or regular part-time employees who enlist, are drafted, or are recalled to active service in the Armed Forces of the United States.

Reservists and National Guardsmen shall be granted time off to participate in summer encampments and/or cruises in accordance with existing federal law, without loss of vacation or job opportunity.

Employees entering military service or serving as reservists or in the National Guard shall be permitted to return to employment with seniority.

Upon notification of the employee’s return, the Human Resources department will assist the employee in finding an "essentially similar" position after returning from leave.

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Parenting Leave

In accordance with state law, RSI will grant an unpaid leave of absence for up to six weeks in conjunction with the birth or adoption of a child. This leave will be granted to any regular employee who works 20 hours or more per week and has been employed by RSI for 12 months and becomes a biological or adoptive parent. Those eligible for FMLA benefits should reference the FMLA portion of the handbook.

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Right to Attend Criminal Proceedings

Under Minnesota law, an employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony, reasonable unpaid time off from work to attend criminal proceedings related to the victim's case. In addition, an employer must allow a victim of a violent crime, as well as the victim's spouse or immediate family members, reasonable unpaid time off from work to attend criminal proceedings related to the victim's case.

An employee who is absent from the workplace shall give 48 hours' advance notice to the employer, unless impracticable or an emergency prevents the employee from doing so. Upon request of the employer, the employee shall provide verification that supports the employee's reason for being absent from the workplace. All information related to the employee's leave pursuant to this section shall be kept confidential by the employer.

An employee may, if he or she chooses to do so, substitute any accrued PTO for any part of the leave taken.

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School Conferences and Activities

Under Minnesota law, each employee may receive unpaid employee leave up to a total of sixteen (16) hours during any 12 month period to attend pre-school, kindergarten, special education, or school conferences or other school-related activities related to the employee’s child, if the conferences or activities cannot be scheduled during non-work hours.

When the leave cannot be scheduled during non-working hours, and is foreseeable, the employee must give RSI reasonable prior written notice of the leave. In addition, each employee is required to make a reasonable effort to schedule such leave so as to not unduly disrupt RSI’s operations.

An employee may, if he or she chooses to do so, substitute any accrued PTO for any part of the leave taken as school conference and activity leave.

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Time Off to Vote

Employees are encouraged to vote and permitted the necessary time off. You will be allowed a reasonable period of time to vote (unpaid) in case you are unable to vote before or after working hours.

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