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that does not meet one of the approved categories below or are subject to ADA guidelines <br /> when applicable. <br /> H-35-Reasons for Taking Leave <br /> 1.FMLA <br /> The function of this policy is to provide employees with a general description of their FMLA <br /> rights. In the event of any conflict between this policy and the applicable law, employees will be <br /> afforded all rights required by law. If you have any questions, concerns or disputes with this <br /> policy, you must contact Bryan Perry 919-210-1172 bperry @nsmt.biz in writing. <br /> General Provisions <br /> Under this policy,NSMT will grant up to 12 weeks(or up to 26 weeks of military caregiver <br /> leave to care for a covered service member with a serious injury or illness) during a 12-month <br /> period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid <br /> leave, depending on the circumstances of the leave and as specified in this policy. <br /> Eligibility <br /> To qualify to take family or medical leave under this policy,the employee must meet the <br /> following conditions: <br /> 1. The employee must have worked for the company for 12 months or 52 weeks. The 12 <br /> months or 52 weeks need not have been consecutive. Separate periods of employment <br /> will be counted,provided that the break in service does not exceed seven years. Separate <br /> periods of employment will be counted if the break in service exceeds seven years due to <br /> National Guard or Reserve military service obligations or when there is a written <br /> agreement, including a collective bargaining agreement, stating the employer's intention <br /> to rehire the employee after the service break. For eligibility purposes, an employee will <br /> be considered to have been employed for an entire week even if the employee was on the <br /> payroll for only part of a week or if the employee is on leave during the week. <br /> 2. The employee must have worked at least 1,250 hours during the 12-month period <br /> immediately before the date when the leave is requested to commence. The principles <br /> established under the Fair Labor Standards Act(FLSA) determine the number of hours <br /> worked by an employee. The FLSA does not include time spent on paid or unpaid leave <br /> as hours worked. Consequently, these hours of leave should not be counted in <br /> determining the 1,250 hours eligibility test for an employee under FMLA. <br /> 3. The employee must work in a work site where 50 or more employees are employed by <br /> the company within 75 miles of that office or work site The distance is to be calculated- <br /> by using available transportation by the most direct route. <br /> 27 <br />