Leave of Absence Policy

LEARN IT Systems, LLC

Leave of Absence Policy

Overview

This policy establishes LEARN’s standards and procedures for administering employee leave, including legally protected leave and non–job‑protected leave provided at the Company’s discretion. LEARN complies with all federal guidelines and/or applicable State requirements.

Employees become eligible for a leave of absence (LOA) after meeting benefits eligibility, effective the first day of the month following 30 days of employment.  

Eligible employees are required to file for a leave of absence (LOA) if they are going to be off work for more than 7 calendar days due to the following reasons:

• Personal illness 
• Family illness 
• Childbirth/adoption
• Qualifying Exigency Leave 
• Military Caregiver Leave  

It is important to note that not all leaves offer job protection.  

Definitions

Job Protected Leave - Leave that is required under applicable federal, state, or local laws and that may provide job protection, benefits continuation, or other statutory rights.

Non–Job‑Protected Company Leave - Leave provided by the Company that is not required by law and does not guarantee job restoration or continued employment.

Eligible Employee - An employee who meets the specific criteria for a particular type of leave, as defined by applicable law or Company policy.

Medical Certification - Documentation from a licensed healthcare provider verifying the need for leave, the anticipated duration, and any relevant work restrictions.

Serious Health Condition - A physical or mental condition that meets the definition under applicable federal or state law, such as the Family and Medical Leave Act (FMLA) or state family and medical leave statutes.

Business Needs - Operational requirements, staffing considerations, workload demands, and other legitimate business factors that the Company evaluates when determining whether leave can be approved or extended.

Types of Leave of Absence and Eligibility  

LEARN administers leave in accordance with all applicable federal, state, and local laws. These may include, but are not limited to:

1. Family Medical Leave of Absence (“FMLA”) 

Eligible employees may receive up to 12 weeks of job‑protected leave for qualifying reasons, consistent with FMLA requirements. Eligibility, documentation, benefits continuation, and job restoration will be administered in accordance with federal law.

• Eligibility
• Requires employment for 12 months at the time of the request 
• For the 12 months immediately preceding the leave, the employee must have worked at least 1,250 hours 

• Job Guarantee
• FMLA is a job protected leave and employees will be returned to the same position held at the time of the leave

1. State Family and Medical Leave Laws

Certain states provide additional or expanded leave rights, which may include paid or unpaid family and medical leave, pregnancy‑related leave, or other statutory protections. Where state law provides greater rights than federal law, LEARN will comply with the more protective standard.

1. Other Applicable Leave Laws

LEARN will comply with any additional leave rights required by law, including but not limited to:

• Military leave under USERRA
• Jury duty leave
• Voting leave
• Domestic violence or safe leave statutes
• Pregnancy accommodation laws
• Company Leave (Non-FMLA; non job protected) 

LEARN may, at its discretion, provide up to 12 weeks of non–job‑protected company leave to eligible employees who do not qualify for FMLA or for those who have exhausted FMLA entitlement. This leave is not guaranteed and may be approved, modified, or denied based on business needs, staffing requirements, and the employee’s circumstances.

• Eligibility
• Part time and Full-time employees are eligible to apply for a company leave after meeting benefits eligibility, effective the first day of the month following 30 days of employment.

• Job Guarantee
• Company leave is non–job‑protected leave and does not provide job restoration rights. 
• The Company may fill, modify, or eliminate the employee’s position during the leave period based on operational requirements. 
• Return to work is subject to job availability at the time of the employee’s return.  If the previous position is no longer available, the employee may be considered for other open positions which they may be qualified for. 

Documentation and Communication Requirements

Employees must provide timely and accurate documentation supporting their leave request, including medical certifications when required. Employees must maintain reasonable communication with the LEARN LOA team regarding their status and anticipated return‑to‑work date.

Failure to provide required documentation or maintain communication may result in denial of leave or disciplinary action, up to and including termination of employment.

Exhaustion of Leave and Employment Status

If an employee is unable to return to work after exhausting all available protected and company‑provided leave, LEARN may determine that continued employment is not feasible. In such cases, separation of employment may occur. This decision will be based on business needs and the absence of available leave options.

Requesting a FMLA or Company-Provided LOA

1. It is the employee’s responsibility to inform their supervisor of their anticipated time off from work. 
2. To request FMLA or a Company-Provided (non-FMLA) LOA, employees should inform the LEARN LOA team by contacting [e-mail] .  
3. If the employee will be off work for more than 7 calendar days, due to applicable leave reasons as noted in this policy, the LOA Team will assist the employee with their leave request, and provide instructions on how to apply for LOA through a third-party vendor.   
4. The third-party vendor will determine eligibility requirements under FMLA, applicable State provided leave or Company-Provided leave.
5. It is required that an employee completes any required medical leave documentation in a timely manner.  Failure to provide information request may result in a denial of the leave request.

Benefit Continuation

Employee paid benefits will remain active, during LOA, provided benefit deductions are being paid by employee.

• If the employee is receiving pay during the LOA as a result of using paid time off (PTO), benefit deductions will continue to be taken from the employee’s bi-weekly pay

• If the LOA is unpaid, the employee will be responsible for providing payment to LEARN for their portion of the monthly premiums. Employees will receive a separate email from the LEARN Benefits Team with details on how to make these premium payments. The email will be initiated upon the first missed pay period on LEARN's payroll. 

• State paid leave, STD/LTD payments and/or Military pay will not be part of the employee’s bi-weekly pay.

LEARN System Access

All LEARN system accesses will be disabled while an employee is on a LOA.  Access will be restored upon the employees return to work. Employees are strictly prohibited from performing any work or accessing LEARN systems during an approved LOA unless explicitly authorized for administrative purposes. 

Leave Extensions

If FMLA or State Leave is exhausted, and a medical situation remains, employees may request a leave extension by contacting the LOA team.   

• If applicable, the LOA team will consult with the supervisor to discuss the impact that the request will have on the department and determine if the extension request can be accommodated/approved under a Company Leave.  Disability-related extensions will be evaluated as "reasonable accommodation" under the ADA. 

If 12 weeks of Company Leave is exhausted, and a medical situation remains, employees may request a leave extension by contacting the LOA team.   

• Any request to extend leave beyond the initial 12‑weeks of company leave must be submitted in writing and will be escalated to Human Resources for review.
• Medical documentation would be required to support an extension request
• Approval of an extension is not guaranteed. Extensions may be granted solely at the Company’s discretion, based on:
• Business and operational needs
• Staffing and workload considerations
• The feasibility of continued absence
• The employee’s circumstances and supporting documentation
• Any obligations under federal or state disability accommodation laws

Escalated Review for Extended Medical Leave (Over 6 Months)

Any medical Leave of Absence (LOA) that extends beyond six months will undergo an escalated review process to ensure continued eligibility and appropriate documentation. During this review, the LOA Team may request updated medical certification, clarification from the healthcare provider, and confirmation of the employee’s anticipated return‑to‑work timeline. Additional internal review may be required to assess operational impact, available accommodations, and compliance with applicable policies and regulations. Employees will be notified if further information is needed, and failure to provide required documentation may result in delays or denial of continued leave.

LEARN reserves the right to deny any request for extended leave when a continued absence would adversely affect operations or when no additional leave options are available.

Returning to Work from FMLA and Company-Provided LOA   

1. A representative from the LEARN LOA team will reach out to the employee within a week of the anticipated return date to confirm the return-to-work date, answer any documentation questions and to ensure a smooth transition from leave 
   1. Employees on a LOA for their own serious health condition are required to provide a “return to work authorization form” from their doctor to the LOA Team at least 3 days in advance of the anticipated date of return to work
   2. In the event a work accommodation is necessary, the LOA team will engage in the interactive process to determine if the request can be reasonable accommodated.  The LOA Team will inform the employee of the accommodation determination and discuss next steps
2. The LEARN LOA Team will communicate the employee’s return to work date with the supervisor(s) and return the employee to active status in UKG on the return-to-work date to restore the employee’s LEARN system access
3. In the event an employee elects not to return to work, the employee will be requested to submit a letter of resignation to their supervisor and to the People/Field team representative.
   1. Once the resignation letter has been received, a People/Field team representative will begin the termination process. 

Questions

For general leave of absence related questions, please contact the LEARN LOA team at [e-mail].