Employee Leave of Absence Guide Getting started 

Transcription

Effective January 1, 2014 | U.S. and Puerto Rico Employees
Employee Leave of Absence Guide
Getting started 
Table of contents
Introduction............................................................................................................... 2
Section I – Gap Inc. Family and/or Medical Leaves.................................. 3
Family and Medical Leave Act (FMLA).................................................................... 3
Pregnancy Disability Leave .................................................................................... 7
Parental Bonding Leave........................................................................................... 8
Medical Leave.............................................................................................................. 9
Benefits While on Family and/or Medical and
Pregnancy Disability Leaves................................................................................... 10
Accommodation Leave............................................................................................. 11
Section II – Gap Inc. Non-Medical Leaves..................................................... 13
Military Service Leave............................................................................................. 13
Voting Leave................................................................................................................ 15
Bereavement Leave................................................................................................... 15
Jury Duty Leave........................................................................................................... 15
Victims of Domestic Violence, Sexual Violence and Stalking Leave......... 16
Personal Leave............................................................................................................ 17
Leave for Military Spouses/Domestic Partners............................................... 17
Section III – State Law: Family and/or Medical Leave ........................... 18
Section IV – State Law: Non-Medical Leave ................................................ 27
Glossary....................................................................................................................... 28
Resources.................................................................................................................... 30
Index............................................................................................................................. 31
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Introduction
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Gap Inc. offers leaves of absence to support you as you balance your personal,
Section III summarizes state family and/or medical leave laws that may provide
health and family obligations with work.
employees with greater rights to leave than the Gap Inc. leaves described in
Different protections are provided by federal and state law, which makes it
difficult to state exactly how much job-protected leave employees may receive.
This is especially so if employees are absent due to injuries, illnesses, pregnancy,
childbirth or related medical conditions. For example, depending on the reason
for your absence, your length of service with Gap Inc. and the state in which you
work, you may be entitled to leave under the federal Family and Medical Leave Act
Section I. The summary does not contain all the specific requirements and
issues that may arise under state leave laws but, rather, notes where there are
important differences between FMLA and PDL leave and the leave provided
by state law. Section IV lists additional state leave entitlements. These leave
entitlements vary based on the state or, in some cases, municipalities, in which an
employee works and generally involve non-medical situations.
(FMLA), the Americans with Disabilities Act (ADA), or a state family leave, medical
When allowed by law, any of the leaves discussed in this guide will run
leave or pregnancy disability leave (PDL) law. At a minimum, Gap Inc. intends to
concurrently. Unless stated otherwise or required by law, seasonal employees are
provide all employees with leave benefits as required by federal, state and local
not eligible for leave benefits.
law, including any additional period of job-protected leave required as reasonable
accommodations for employees with disabilities. Whenever necessary, we will
modify or interpret our leave policies to achieve that purpose.
This guide is designed to familiarize you with the most common leaves of
Over time, new policies will need to be written and old ones revised. While Gap
Inc. reserves the right to make any changes to the leave of absence policies,
with or without notice, we will do our best to let you know about any changes
affecting your employment as soon as possible.
absence for which you may be eligible, as well as any responsibilities you may
have when seeking or receiving such leaves. Section I describes family and/or
medical leave available to employees. Section II describes additional types of
The glossary at the back provides definitions to many terms used
leave employees may take due to non-medical reasons, such as military, jury duty
in this guide. Defined terms are in bold and italicized. Click on a
and bereavement leave. The leave benefits provided in Sections I and II apply to
term and it will take you to the definition in the glossary.
employees regardless of the states in which they work. Collectively, we refer to
the leaves described in Sections I and II as “Gap Inc. Leaves.”
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Section I Gap Inc. Family and/or Medical Leaves
This section describes the family and/or medical leave benefits available to
you regardless of the state in which you work. These Gap Inc. leave benefits are
designed to meet or exceed any leave requirements under federal law. Depending
on the state or municipality in which you work, you also may be entitled to
additional family and/or medical leave benefits under Sections III and IV of this
guide. Whenever permissible, leaves covered under more than one provision of
this guide will run concurrently.
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• Been employed by Gap Inc. for at least 12 months (which do not need to be
consecutive), and
• Worked at least 1,250 hours during the 12-month period immediately
preceding the start of your leave.1
Basic FMLA Leave Entitlement
Eligible employees are entitled to up to 12 workweeks of unpaid job-protected
leave in a rolling 12-month period (measured forward from the date an employee
The Gap Inc. leaves provided in this section include:
uses any FMLA) for certain family and medical reasons. Leave may be taken for
• Family and medical leave
any one or a combination of the following reasons:
• Pregnancy disability leave
• For the birth of your child and to care for the newborn child
• Parental bonding leave
• Incapacity due to pregnancy, prenatal care and childbirth
• Medical leave, and
• For placement of a child with you for adoption or foster care and to care for
• Accommodation leave.
the newly placed child
• To care for your spouse (including spouses of the same sex), domestic partner,
Family and Medical Leave Act (FMLA)
You may be entitled to take a leave of absence under the federal Family and
Medical Leave Act (FMLA). In all instances, the Gap Inc. FMLA policy satisfies the
minimum leave standards provided under the federal Family and Medical Leave
Act. In some instances, however, our FMLA policy provides greater benefits than
the federal Family and Medical Leave Act.
child or parent (but not in-law) with a serious health condition
• For your own serious health condition that makes you unable to perform one
or more of the essential functions of your job
• For any qualifying exigency.
You may take leave due to a birth or placement of a child for adoption or foster
If you have any questions concerning FMLA leave, please contact your HR
care only through the end of the 12-month period following the date of the birth
Generalist or Gap Inc.’s Leave and Disability Administrator, Sedgwick Claims
or placement, unless otherwise required by state law.
Management Services (CMS), at 800-GAP-9680.
Eligibility for FMLA Leave
1. In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA),
an employee returning from a National Guard or Reserve military service will be credited with the
hours of service that would have been performed while away in determining whether he or she has
worked 1,250 hours.
To be eligible for FMLA leave, you must have:
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Additional Military Family Care Leave Entitlement
least two weeks’ notice of the need for such bonding leave, and obtain your
If you are the spouse, son, daughter, parent or next of kin of a covered service
manager’s and the Leave and Disability Administrator’s approval before taking
member, you may be entitled to up to 26 weeks of leave during a 12-month
period to care for the covered service member. When combined with other
FMLA-qualifying leave, the military family care leave may not exceed 26 weeks
such leave.
Employee Obligations for Fmla Leave
in the 12-month period used to track the military family care leave. The 12-month
Provide Notice of the Need for Leave
period begins on the first day of leave to care for the injured service member.
If you take FMLA leave, you must notify your manager and the Leave and
Intermittent Leave and Reduced Leave/Work Schedules
FMLA leave is usually taken for a period of consecutive days, weeks or months.
When it is medically necessary, you may request FMLA leave on an intermittent
basis or on a reduced leave/work schedule due to your own medical condition.
You may also request intermittent or a reduced leave/work schedule to provide
care or psychological comfort:
• To a covered family member with a serious health condition
• To a covered service member
and duration of the leave, if known. You may do this by either requesting FMLA
leave specifically, or explaining the reasons for leave so as to allow the
Company to determine that the leave is FMLA-qualifying. For example, you
might explain that:
• A medical condition renders you unable to perform the functions of your job
• You are suffering incapacity as a result of being pregnant or for purposes of
prenatal care
• You have been hospitalized overnight
• For qualifying exigencies, or
• For certain pre-placement activities related to the placement of a child for
adoption or foster care.
• You or a covered family member are under the continuing care of a health
care provider
• The leave is due to a qualifying exigency cause by a covered military member
You can also request an intermittent or a reduced work schedule during the
12-month period immediately following the birth of a child, or placement of a
child for adoption or foster care, in order to bond with the newborn or newly
placed child. Absent exceptions approved by the Company in its sole discretion
(including but not limited to any exceptions necessary to comply with state or
local law), when taking intermittent leave for baby-bonding purposes, you must
take leave in increments no smaller than your regular full workday, provide at
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Disability Administrator of your need for FMLA leave, and the anticipated timing
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being on active duty or called to active duty status, or
• If the leave is for a family member, that the condition renders the family
member unable to perform daily activities or that the family member is a
covered service member with a serious injury or illness.
You must also inform the Company if the requested leave is for a reason for
which leave was previously taken or certified, unless otherwise provided by law.
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When leave is foreseeable for childbirth, placement of a child, planned medical
Submit Initial Medical Certifications Supporting Need for Leave
treatment for the employee’s or a family member’s serious health condition, or to
If you are requesting leave because of your own, or a covered family member’s,
care for a covered service member, you must provide your manager and the Leave
and Disability Administrator with at least 30 days’ advance notice, or such shorter
notice as is practicable. When the timing of the leave is not foreseeable, you must
provide your manager and the Leave and Disability Administrator with notice
of the need for leave as soon as practicable. You must contact Gap Inc.’s Leave
and Disability Administrator at (800) GAP-9680 to request a Family and Medical
Leave of Absence or provide sufficient information to let the administrator know
FMLA leave is needed. You will receive a leave packet in the mail at your home
address within two to three business days. Your leave will be in a “pending”
status until Gap Inc. receives complete and sufficient information as requested to
support the need for the leave.
excuse for the delay, the Company may delay the taking of leave.
Cooperate in the Scheduling of Intermittent Leave or Reduced
Work Schedule
If you take leave intermittently or on a reduced work schedule basis for planned
medical treatment, you must, when requested, make a reasonable effort to
schedule the leave so as not to unduly disrupt the Company’s operations. Unless
otherwise prohibited by state law, when you take intermittent or reduced work
schedule leave for planned medical treatment , including during a period of
recovery from your own or a covered family member’s serious health condition,
a serious injury of a covered service member or for leave to bond with a new
born or a newly placed child, the Company may temporarily transfer you to an
alternative position with equivalent pay and benefits for which you are qualified
and which better accommodate recurring periods of leave.
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a Certification of Health Care Provider (CHCP) form supporting the need for such
leave from your health care provider or, if applicable, the health care provider of
your covered family or service member. The leave packet will include the CHCP
form. When leave is foreseeable and you provide at least 30 days’ notice, you
should provide the medical certification before the leave begins. When it is not
possible for you to provide at least 30 days’ notice of the need for leave, or the
precise date that an otherwise foreseeable leave is scheduled to begin is not
known, the Company will inform you as to when the medical certification is due,
although you will be provided at least 15 days from the date the leave packet is
received to submit certification. Failure to provide requested medical certification
If you fail to give 30 days’ notice for foreseeable leave and there is no reasonable
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serious health condition, or to care for a covered service member, you must supply
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in a timely manner may result in the delay of FMLA leave or a designation that
leave already taken is not authorized as FMLA leave.
If the Company needs to clarify the information provided on the certification
or recertification, after you have been given an opportunity in writing to cure
any deficiencies, the Company may, with your permission, have a designated
health care provider contact your health care provider in an effort to clarify
the certification. The Company also may contact your health care provider to
authenticate the certification if you have been given an opportunity to cure any
deficiencies in writing. If the Company has reason to doubt an initial medical
certification, the Company may require you to obtain a second opinion by an
independent designated health care provider at the Company’s expense. If the
initial and second certifications differ, the Company may, at its expense, require
you to obtain a third, final and binding certification from a jointly selected health
care provider.
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Medical Recertification Upon Request During FMLA Leave
Health Benefits
Depending on the circumstances and duration of FMLA, you may be required to
During FMLA leave, you are entitled to continue your health coverage on the
provide recertification of medical conditions causing your need for leave. You will
same terms as if you were actively working. Unless paid leave is used while taking
have at least 15 calendar days to provide medical recertification.
FMLA leave and normal benefit deductions are taken from your paycheck, all
Return to Work Certifications at the End of FMLA Leave
regular benefit paycheck deductions will be doubled upon return to work to cover
your current benefits plus the benefit deductions for which you were responsible
You may be asked to provide medical certification confirming that you are able
while on leave. Unless otherwise provided by law and consistent with all legal
to return to work. In such cases, Gap Inc. may delay your return until you provide
requirements, deductions will be doubled until your obligation is met. By paying
return to work/fitness for duty certifications.
for missed benefit premiums through payroll, your deductions will be made on a
Notice of Eligibility for, and Designation of, FMLA Leave
When requesting FMLA leave, you are entitled to receive written notice from
pretax basis. For additional details on benefits during FMLA, please see Benefits
while on Family and/or Medical and Pregnancy Disability Leaves of Absence.
the Company describing whether you are eligible for FMLA leave and, if not,
Holiday Pay and Other Benefits
the reasons. When eligible for FMLA leave, you are entitled to receive written
You are entitled to holiday pay if you are on active status at the time of the
notice of:
holiday. In some instances, regular hours need to be worked in the holiday week
• Your rights and responsibilities in connection with such leave, as well as any
additional documentation that will be required
• The Company’s designation of leave as FMLA-qualifying or non-qualifying,
and, if not FMLA-qualifying, the reasons, and
• The amount of leave, if known, that will be counted against your leave
entitlement.
in addition to active status for you to be entitled to holiday pay. You do not accrue
paid time off while on leave. For additional details on benefits during FMLA,
please see Benefits while on Family and/or Medical and Pregnancy Disability
Leaves of Absence.
Job Restoration
At the end of FMLA leave, you generally have a right to return to the same or
Absences from work while participating in the Gap Inc. Phase Out/Phase Back
program are not designated as leave under our FMLA policy.
equivalent position you held before the leave, with equivalent pay, benefits and
other employment terms. There are some exceptions, including situations where
job restoration of “key employees” will cause Gap Inc. substantial and grievous
economic injury. Gap Inc. will notify you if you qualify as a “key employee”, if Gap
Inc. intends to deny restoration, and of your rights in such instances. Use of FMLA
leave will not result in the loss of any employment benefit that accrued prior to
the start of leave.
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Substitute Paid Leave for Unpaid FMLA Leave
Pregnancy Disability Leave (PDL)
You may use accrued paid time off (PTO) while on leave, subject to the terms
All regular full- and part-time employees disabled by pregnancy, childbirth or
and conditions of the Company’s policy. The use of PTO during unpaid leave does
related medical conditions are eligible to take unpaid PDL for the period of
not extend the amount of leave available. You may also use PTO to supplement
disability up to four months per pregnancy and are also eligible to transfer
disability and workers’ compensation benefits, if you choose. You cannot
to a less strenuous or hazardous position (where one is available) or to less
supplement pay during a leave of absence and receive more than 100% of your
strenuous or hazardous duties, if such a transfer is medically advisable and can
regular base pay, unless otherwise required by state law.
be reasonably accommodated. Time off needed for prenatal care, severe morning
Contact Employee Services at (866) 411-2772, x 20600, to request a PTO payout
while on Family and Medical Leave. For additional details on benefits during
FMLA, please see Benefits while on Family and/or Medical and Pregnancy
Disability Leaves of Absence.
sickness, doctor-ordered bed rest, childbirth and recovery from childbirth is
covered by PDL. If medically necessary, you may take leave in a continuous period,
on an intermittent or reduced work schedule basis, or a combination of both. All
periods of PDL will run concurrently with leave under FMLA and any applicable
state law providing an entitlement to leave due to pregnancy, childbirth or
Coordination of FMLA Leave with Other Leave Policies
related medical conditions, as permitted by applicable law.
FMLA does not affect any federal, state or local law prohibiting discrimination, or
While generally not available to seasonal employees, please check Section III
supersede any state or local law which provides greater family or medical leave
of this guide to determine whether pregnancy disability leaves are available to
rights. For additional information concerning leave entitlements and obligations
seasonal employees under the laws of the state where you work.
when FMLA leave is either not available or is exhausted, see Gap Inc.’s other leave
policies in this guide or contact your HR Generalist.
disability or the medical advisability for a transfer. The certification should
Questions and/or Complaints About FMLA Leave
It is unlawful for employers to interfere with, restrain, or deny the exercise of any
right provided under FMLA, or to discharge or discriminate against any person
for opposing any practice made unlawful by FMLA or for involvement in any
FMLA proceeding. If you believe your FMLA rights have been violated, contact the
Human Resources Department immediately. Gap Inc. will investigate any FMLA
complaints and take prompt and appropriate remedial action to address and/
or remedy any FMLA violation. You may also file FMLA complaints with the U.S.
Department of Labor or bring private lawsuits alleging FMLA violations.
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You must obtain a certification from your health care provider of your pregnancy
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include:
• The date in which you became disabled due to pregnancy or the date of the
medical advisability for a transfer
• The likely duration of the period(s) of disability or advisability of a transfer, and
• A statement that, due to the disability, you are either unable to work at all or
to perform one or more of the essential functions of your position without
undue risk to yourself or to other persons, or a statement that, due to your
pregnancy, a transfer to a less strenuous or hazardous position or duties, or
another form of accommodation, is medically advisable.
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Paid Time Off (PTO) and Health Coverage
Requesting PDL
You can choose to use any accrued PTO to supplement your pay during your PDL
You must give your manager and the Leave and Disability Administrator
before taking the remainder of your leave on an unpaid basis. The substitution of
30 days’ advance notice of your need to take PDL when the need for the
any paid leave will not extend the duration of your PDL.
leave is foreseeable. If 30 days’ notice is not possible, such as in the event of
During your PDL, you are entitled to maintain the same health coverage that you
would have had if you had continued to work for the duration of the leave, up to
four months over the course of a 12-month period, or as required by applicable
law. Unless paid leave is used while taking PDL leave and normal benefit
deductions are taken from your paycheck, all regular benefit paycheck deductions
an emergency, please contact your manager and the Leave and Disability
Administrator as soon as practicable under the circumstances. You must
contact Gap Inc.’s Leave and Disability Administrator at (800) GAP-9680. Prompt
reporting of the need for PDL and submitting the required documentation will
assist in expediting any available disability pay.
will be doubled upon return to work to cover your current benefits plus the
You must contact your manager and the Leave and Disability Administrator
benefit deductions for which you were responsible while on leave. Unless
if your leave is going to extend beyond the original dates supplied by your
otherwise provided by law and consistent with all legal requirements, deductions
physician, including if the leave starts sooner or later than originally planned.
will be doubled until your obligation is met. By paying for missed benefit
premiums through payroll, your deductions will be made on a pretax basis.
For additional details on benefits during PDL, please see Benefits while on Family
and/or Medical and Pregnancy Disability Leaves of Absence.
Parental Bonding Leave
All regular full-time employees are eligible for 12 weeks of unpaid leave in a
rolling 12-month period upon the birth of a child, or placement of a child with
you for adoption or foster care. You are eligible to take this leave upon the birth
or placement of a child for adoption, or at the end of a period of disability due
Return from Leave/Transfer
As a condition of your return from PDL or transfer, Gap Inc. requires you to
obtain a release to return to work from your health care provider stating that
you are able to resume your original job duties with or without reasonable
accommodation.
to childbirth or related medical conditions, whichever is later. Gap Inc. parental
bonding leave must be taken within one year of the date you become eligible for
the leave and, as permissible by law, runs concurrently with FMLA or any other
leave employees may be entitled to take to bond with a newborn or newly placed
adopted child.
Job Restoration
Absent exceptions approved by the Company in its sole discretion, you should
Upon your return from approved PDL, you will be reinstated to your same position
generally provide at least two weeks’ notice of your intent to take Gap Inc.
in most instances or, in certain cases, to a comparable position if one exists that
parental bonding leave. You must obtain your manager’s and the Leave and
you are qualified to perform.
Disability Administrator’s approval before taking Gap Inc. parental bonding leave.
Parental bonding leave must be taken in increments of at least your regular full
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Eligibility
workday, unless otherwise approved by Gap Inc.
Upon returning from leave, you will be reinstated to the same or an equivalent
position held immediately before taking leave. During Gap Inc. parental bonding
leave, benefits will continue under the same terms and conditions as if you were
actively employed. Absences from work while participating in the Gap Inc. Phase
Out/Phase Back program are not designated as leave under our parental bonding
leave policy.
Regular, full-time employees are eligible for MLOAs. All employees, including
seasonal employees, are eligible for ILOAs. To be eligible for medical leave, you also
must file and be approved for short-term disability and/or workers’ compensation
benefits. In the case of an emergency (such as accidental injury, premature birth
or a sudden change in the employee’s health condition) where disability claims
have not been filed, you or an immediate family member must contact your
manager and Gap Inc.’s Leave and Disability Administrator at 800-GAP-9680 as
Medical Leave
soon as practicable and no later than two business days after you first knew or
You may apply for a medical leave of absence for the period of temporary
disability due to injury, illness, pregnancy, childbirth or related medical conditions.
Like FMLA, our medical leave policy covers absences due to both occupational and
non-occupational injuries and illnesses.
should have known of the need for leave.
Duration of Leave
Medical leaves are generally approved for the period of disability, up to a
maximum of 52 weeks in a rolling 24-month period. This 52-week period is
Occupational medical leaves are coordinated through CorVel Corporation and are
calculated separately for MLOAs and ILOAs, meaning you may be entitled to both
sometimes referred to as Industrial Leaves of Absence (ILOA).
a 52-week period of MLOA and a 52-week period of ILOA.
Medical leaves due to non-occupational injuries or illnesses or pregnancy-related
Duration of Job-Protected Leave
disability are coordinated through Sedgwick Claims Management Services (CMS)
and sometimes referred to as Medical Leaves of Absence (MLOA). When this
guide refers to medical leave generally, the policy or issue referenced applies to
both ILOAs and MLOAs.
The amount of job-protected leave (the period during which you may return
to work in the same or equivalent position held before leave) under this policy
depends on whether there is an entitlement to leave under federal, state or
local law. In general, such laws provide different levels of job protection based
When a medical leave is foreseeable, employees must provide their manager
on the nature of the injury, illness or medical condition (for example, some state
and the Leave and Disability Administrator with at least 30 days’ advance notice,
laws provide greater periods of job protection for pregnancy-related disability
or such shorter notice as is practicable. When the timing of the leave is not
or occupational injuries) and the length of the employee’s service. You or your
foreseeable, employees must provide their manager and the Leave and Disability
manager should contact your HR Generalist if you have questions regarding the
Administrator with notice of the need for leave as soon as practicable. Employees
duration of job-protected leave in any particular situation. Whenever the period
must contact Gap Inc.’s Leave and Disability Administrator at (800) GAP-9680 to
of job-protected leave ends under this policy, you may still receive additional
request a medical leave.
job-protected leave through Gap Inc.’s accommodation leave policy.
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You may be asked to provide medical certification confirming that you are
Benefits While on Family and/or Medical and
Pregnancy Disability Leaves of Absence
able to return to work. In such case, Gap Inc. may delay your return until you
Use of Paid Time Off (PTO) During Leaves
Returning to Work
provide return to work/fitness for duty certifications. If requested, you must
provide a physician’s note certifying that you are fit to return to work to perform
the essential job functions of the position, with or without any reasonable
accommodations. Gap Inc. reserves the right to require additional medical
documentation, including medical opinions from doctors of its own choosing,
whenever receiving such information is job-related and consistent with
business necessity.
All leaves of absence are unpaid. See “Disability Benefits” below for more
information about wage replacement. You may use accrued PTO while on
leave. The use of PTO during unpaid leave does not extend the amount of
leave available. You may also use PTO to supplement disability and workers’
compensation benefits if you choose. You cannot supplement pay during a
leave of absence and receive more than 100% of your regular base pay unless
otherwise required by state law.
Relationship to Other Leaves of Absence
Contact Employee Services at (866) 411-2772, x 20600 to request a PTO payout
Any period of medical leave will run concurrently with periods of FMLA, state
while on family and/or medical leave. PTO will not continue to accrue during a
leave entitlement due to an employee’s own medical condition and Gap Inc.’s
leave of absence. Unless required during a period of intermittent FMLA leave, you
pregnancy disability leave (PDL) policy. You must take medical leave in full-day
will not receive holiday pay during a leave.
increments unless the medical leave simultaneously qualifies as FMLA leave
Disability Benefits
or PDL (or state law allows intermittent leave on less than a full-day basis) and
you are approved for intermittent leave or a reduced leave schedule under those
policies. Absences from work while participating in the Gap Inc. Phase Out/Phase
Back program are not designated as leave under this medical leave policy. In
limited circumstances, if you are returning to work following a period of ILOA, you
Your eligibility for leave under Gap Inc.’s leave policies does not, by itself, entitle
you to short-term or long-term disability wage replacement benefits. Your
eligibility is based on an independent determination according to the terms of
Gap Inc.’s applicable benefit plans and/or the laws governing such benefits.
also may be offered an opportunity to work temporarily under a reduced leave
The short-term and long-term disability plans are administered by Gap Inc.’s
schedule. For more details on work-related medical leaves, see Risk Management’s
Leave and Disability Administrator, Sedgwick Claims Management Services
website available through Gapweb.
(CMS). You and your doctor must submit supporting medical documentation to
Sedgwick CMS in order to determine if you qualify for disability benefits, and if
your medical condition qualifies as a serious health condition.
There is a seven-day waiting period to be eligible for disability benefits. You
can use PTO during this time. Call Employee Services to request PTO pay during
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your leave of absence. If you are in a state with a state-mandated disability
loan payments during your leave of absence. You will need to contact T. Rowe
plan (California, New York, New Jersey, Rhode Island, Hawaii or Puerto Rico), your
Price at (888) GAP-401K (427-4015) to make arrangements to continue your loan
short-term disability benefits will coordinate with state disability benefits. In
payments during the period of your leave of absence.
other words, the amount you receive from Gap Inc. for short-term disability and
the amount you receive from state disability will equal your scheduled benefit.
Employee Stock Purchase Plans (ESPP)
Deductions will only be taken from eligible pay while you are on a leave of
Please review the section on Disability Benefits on the Benefits Home Page by
absence. In general, disability payments are not eligible pay, however PTO is
logging on to Gapweb at https://portal.gap.com or call Employee Services at
eligible pay and if PTO is used while on leave, contributions will be made based
(866) 411-2772, x 20600.
on that pay type. Any funds that have been contributed will be used for any
purchase that may occur while you are on leave. To stop ESPP deductions or
Health Benefits
Depending on the timing and circumstances of your leave, you may be entitled
to continue health benefit coverage for yourself and your eligible dependents
request a refund of contributions already deducted, log onto
www.etrade.com/enroll.
during your leave of absence, provided that you continue to pay the required
Gap Inc. Deferred Compensation Plan
premiums during your leave. Depending on your situation, your right to continue
Contributions to your Gap Inc. Deferred Compensation Plan account will only be
health benefit coverage may be governed by COBRA.
taken from eligible pay while you are on a leave of absence. In general, disability
If you are receiving disability benefits from the disability administrator, your
share of health benefit coverage premiums may be deducted from your
disability checks.
payments are not eligible pay. PTO, however, is eligible pay and if PTO is used
while on leave, contributions will be made based on that pay type. Deductions
will resume upon your return to active status with the company.
GapShare 401(k) Plan/GapShare Puerto Rico Plan
Accommodation Leave
Contributions to your GapShare account will only be taken from eligible pay
All employees who are unable to work due to injury, illness, pregnancy,
while you are on a leave of absence. In general, disability payments are not
childbirth or related medical conditions, and have exhausted or are not eligible
eligible pay, however PTO is eligible pay and if PTO is used while on leave,
for job-protected leave, may apply for an accommodation leave (which is a
contributions will be made based on that pay type. Deductions will resume
job-protected leave) as a reasonable accommodation under the Americans with
upon your return to active status with Gap Inc. If you have a GapShare loan, your
Disabilities Act or state or local disability discrimination laws.
loan payments through payroll deduction will also end while you are on a leave
of absence. To avoid default of your loan and a taxable distribution, you must
continue making your regular loan repayments during your leave of absence via
certified check or money order. IRS regulations do not allow Gap Inc. to suspend
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Your HR Generalist will determine whether an accommodation leave is
appropriate, considering, among other things, whether you will be able to return
to work within a defined period of time and the operational hardship caused by
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12
an accommodation leave. To assist Gap Inc. in evaluating the appropriateness
of granting an accommodation leave, you will generally need to provide
documentation from your health care provider.
During any period of accommodation leave, Gap Inc. may take steps to fill your
position if you are unable to return to work at the end of the leave. Such steps
might include, for example, posting or advertising the position internally or
externally and interviewing internal or external candidates.
Gap Inc.’s decision concerning your right to an accommodation leave does not
affect your right to short- or long-term disability or workers’ compensation
benefits. Your eligibility for such compensation and benefits is based on an
independent determination pursuant to the terms of the applicable benefit plans
and/or the laws governing such benefits.
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Section II Gap Inc. Non-Medical Leaves
13
This section describes leaves available to you for non-medical reasons, regardless
Eligibility
of the state in which you work. These Gap Inc. leave benefits are designed to
All employees are eligible for a military service leave of absence. You must
meet or exceed any leave requirements under federal law. The Gap Inc. leaves
provided in this section include:
normally submit reasonable advance notice to your manager and the Leave and
Disability Administrator, including start and return dates when possible, except
• Military service leave
in case of military necessity. You must also submit a military service order, or
• Voting leave
its equivalent, to Gap Inc.’s Leave and Disability Administrator. In the case of a
two-week tour of duty where no military orders are issued, a military earnings
• Bereavement leave
statement can be submitted at the end of the leave. Failure to provide reasonable
• Jury duty leave
advance notice may affect your right to re-employment.
• Victims of domestic violence, sexual violence and stalking leave
• Personal leave, and
Duration
Military service leave will be granted in accordance with the requirements of your
• Leave for military spouses/domestic partners.
military service order. However, the cumulative length of a military service leave
Depending on the state or municipality in which you work, you also may be
may not exceed five years, under most circumstances, and is subject to applicable
entitled to additional leave benefits under Section IV of this guide. If any state
laws. While on a military service leave, you may be subject to certain personnel
or local laws where you live provide additional rights and/or benefits, Gap Inc.
actions unrelated to the leave (e.g., layoff due to elimination of a position).
intends to comply with such laws. Whenever permissible, leaves covered under
more than one provision of this guide will run concurrently.
Pay While on a Military Service Leave
Employees on military service leave are eligible to receive supplemental pay, the
Military Service Leave
difference between your base salary at the time you begin your leave and your
A military service leave of absence provides time off for the voluntary or
base military pay, for 90 days. Part-time employees will be paid based on the
involuntary performance of active duty, training, military fitness examinations,
difference between their average weekly pay during the 12 weeks prior to the
funeral honors duty, and other military obligations associated with service in the
leave request and their base military pay. You must submit a military earnings
uniformed services. Leave may also be available for certain types of services in the
statement to Sedgwick CMS to receive supplemental pay.
National Disaster Medical System (NDMS).
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Benefits While on a Military Service Leave
pre-tax or after-tax contributions that were not deducted while on military
Paid Time Off (PTO)
service leave. If you choose to make up these contributions, Gap Inc. will also
You will not accrue PTO during your military service leave. However, for purposes
of PTO accrual levels, you will be given credit for any time you spend on a military
leave of absence. Employees are permitted, but not required, to use PTO in lieu of
make up the company match contributions, up to plan limits. No earnings will be
credited. If you have a GapShare loan, loan payments through payroll deduction
will also end when you stop receiving eligible pay. To avoid default of your
unpaid leave.
loan and a taxable distribution, you must continue making your regular loan
Health Benefits
the loan interest rate will be the lesser of the original loan rate or 6% for the
Health coverage can be continued during a military service leave for up to 24
duration of the leave. Contact T. Rowe Price at (888) GAP-401K (427-4015) to make
months. For the first 90 days, benefits continue at the employee cost, provided
arrangements to continue your loan payments during the period of your leave
the employee premium is paid. For the 90-day supplemental period, premiums
of absence. When you return, your loan payments can again be made through
will be paid through payroll deductions.
payroll deduction. Please review your paycheck immediately upon re-employment
repayments during your leave of absence. While you are on military service leave,
After 90 days, group health insurance for the employee and covered dependents
to confirm that payroll deductions are being taken for your loan payments.
can be continued by remitting the full cost (102% of the premium) of the medical,
Employee Stock Purchase Plans (ESPP)
dental and vision plans on a monthly basis, effective at the end of the month
Contributions for ESPP will end when you are no longer receiving eligible pay
in which your 90-day period ends. At the end of 24 months, benefits may be
from Gap Inc. Any funds that have been contributed prior to the beginning of the
continued through COBRA.
leave will be used for any purchase that may occur while you are on leave. To stop
ESPP deductions or request a refund of contributions already deducted, log onto
Life Insurance
Basic Life Insurance will remain in effect for the duration of the military service
www.etrade.com/enroll.
leave. Supplemental Life Insurance will remain in effect for up to 12 months, so
For questions about benefits during and after a military service leave, contact the
long as the employee continues to pay the monthly premium. If the employee is
Benefits department.
not receiving pay from Gap Inc. and payroll deductions cannot be taken during
the military service leave, deductions will be doubled upon return to work.
To extend a military service leave, you must submit reasonable advance notice
GapShare 401(k) Plan/GapShare Puerto Rico Plan
Contributions to your GapShare account will end when you are no longer
receiving eligible pay from Gap Inc. These deductions will resume upon your
return to work. When you return, you will have the opportunity to make up the
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Extending Your Leave
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of your service obligations to your manager and Gap Inc.’s Leave and Disability
Administrator. This notice may be oral or written, and you may be asked to provide
a written request for our records.
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When Your Leave Ends
necessary time off can be scheduled at the beginning or ending of the workday,
Gap Inc. will re-employ you in accordance with applicable law. If your service
whichever provides the least disruption to the normal work schedule. To the
lasts less than 31 days, you must report to work on the next regularly scheduled
extent that state law provides for additional benefits and/or rights, it is Gap Inc.’s
workday that falls at least eight hours after you return home. If your service lasts
intent to comply with such applicable state or local law.
between 31 and 180 days, you must submit an application for re-employment
Bereavement Leave
no later than 14 days after the completion of service. If your service is longer
than 180 days, you must submit an application within 90 days of the end of
your service. These time limits may be extended for up to two years if you
are hospitalized or are convalescing from a service-related illness or injury. If
circumstances beyond your control make reporting within the specified period
impossible or unreasonable, then the two-year period may be extended by the
minimum time required to accommodate the circumstances beyond your control.
Failure to return to work within the applicable time limits may subject you to
corrective action up to and including termination.
All regular full-time employees are eligible for up to one workweek of paid
bereavement leave due to the death of a qualified family member (your parent,
spouse, domestic partner, sibling, child, grandparent, grandchild, parent-in-law
[including parents of domestic partners], stepparent, stepchild or stepsibling).
Your manager or Human Resources must approve any exceptions to the list
of qualified family members. You must request bereavement leave as soon as
practical.
Jury Duty Leave
When you return, and based on your length of service, the Company will promptly
re-employ you in accordance with applicable law. Your re-employment rights will
be terminated if you are separated from military service with a dishonorable or
bad conduct discharge or for other than an honorable discharge.
Gap Inc. reserves the right to request documentation from employees absent for
more than 90 days to substantiate that the reinstatement request is timely, the
five-year service limit has not been exceeded and the employee’s separation from
All regular employees are eligible for a paid leave of absence of up to four weeks
for jury duty. While seasonal employees are not eligible for paid leave, unless
required by state or local law, they may take unpaid time off for jury duty service.
Upon receiving a summons for jury duty, you are expected to promptly notify
your manager and provide the summons. You are expected to report for work
during hours or days your presence is not required on the jury panel. Managers
must receive approval from Gap Inc.’s Human Resources Department before
service was other than disqualifying under applicable law.
docking an employee’s pay for failing to report to work during hours or on days
Voting Leave
that state or local law may provide additional rights and/or benefits, Gap Inc.
Any employee, including seasonal employees, unable to vote during non-working
when the employee’s presence is not required on the jury panel. To the extent
intends to comply with such laws.
hours will be granted up to two hours of paid time off to vote. You should request
time off from your manager at least two work days before election day so that
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Victims of Domestic Violence, Sexual Violence
and Stalking Leave
All employees, including seasonal employees, may be granted a reasonable period
of unpaid leave if you are the victim of domestic violence, sexual violence and/or
stalking. Contact your HR Generalist directly to request such leave. The decision
to grant leave, including decisions concerning the duration of such leaves, will
be made on a case-by-case basis and will consider any state law providing leave
entitlement broader than this policy. Employees, as well as Human Resources,
are encouraged to partner with Employee Relations when a leave for a victim of
domestic violence, sexual violence or stalking is sought. Leave provided under this
policy may be used to:
• Seek any type of relief, including a restraining order or other injunctive relief,
to protect you or your child
• Obtain medical care or mental health counseling, or both, for you to address
physical or psychological injuries resulting from the act of domestic or sexual
violence
• Obtain services from a victim-support organization, including a domestic
violence shelter or program or a rape crisis center
discretion, waives all or any portion of this requirement based on the particular
circumstances surrounding the need for such leave, or the requirement to provide
notice or documentation is not permitted by law. If you have an unscheduled
absence and are unable to give reasonable advance notice, based on the
circumstances surrounding any act of domestic violence or sexual assault, the
unplanned absence will not be counted against you provided that you provide
documentation verifying the absence, as permitted by law. This documentation
may include copies of restraining orders, police reports, orders to appear in
court, documentation from a health care professional, counselor, or an advocate
for victims of domestic and sexual violence, etc. Your request for leave and
documents in connection with this leave will be kept confidential to the extent
required by law.
Employees who are granted leave under this policy may elect, but are not
required, to supplement the unpaid leave with accrued PTO. You may elect to
continue benefit coverage for yourself and your eligible dependents while on your
leave of absence, provided that you continue to pay all required contributions
during your leave. At the end of leave, you will be reinstated to the same or
extent that state or local law provides for additional rights and/or benefits, Gap
Inc. intends to comply with such laws.
seek new housing to escape the perpetrator
• Seek legal assistance in addressing issues arising from domestic or sexual
violence, including attending court proceedings, or
Whenever permissible by law, Gap Inc. will run leave for victims of domestic
violence, sexual violence or stalking concurrently with any other leaves discussed
• Any other reason that, at Gap Inc.’s discretion, is within the circumstances
in this guide. This policy does not impact Gap Inc.’s right to place an employee
on a paid administrative leave, or to take other steps Gap Inc. deems appropriate,
intended to be covered by this policy.
You must provide reasonable advance notice (typically, at least 10 days) of the
need for leave, along with sufficient documentation of the act of domestic
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violence, sexual violence or stalking, unless your manager, using his/her
equivalent position held by you immediately before leave commenced. To the
• Make your home secure from the perpetrator or the domestic violence or to
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to address concerns of potential workplace violence that might be related to an
incident of domestic or sexual violence.
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17
Personal Leave
Leave for Military Spouses/Domestic Partners
Regular full-time and part-time employees may take an unpaid personal leave
Employees who work an average of at least 20 hours per week, and whose spouse
of absence for up to three months in a rolling 12-month period for personal
or domestic partner is a qualified member of the United States Armed Forces, the
situations not covered by another Gap Inc. leave of absence policy. You should
National Guard, or the Reserves, are eligible to take unpaid leave for up to 10 days
request personal leave at least two weeks prior to the date you need leave, except
while their spouse or domestic partner is on leave during a qualified military
in cases of emergency. The decision to grant personal leave, including the amount
leave period. Within two business days of receiving official notice that a spouse or
of leave, is within Gap Inc.’s sole discretion, and will be made on a case-by-case
domestic partner will be on leave from deployment, you must provide notice to
basis. Factors that will be considered include the reason for the request for
Gap Inc. of your intent to take leave under this policy.
personal leave, the employee’s performance history and Gap Inc.’s anticipated
business needs during the period of the absence.
Gap Inc. may require written documentation certifying that your spouse or
domestic partner will be on military leave when you request leave. Leave under
Employees who are on corrective action are not eligible for a personal leave of
this policy will run concurrently with any federal and/or state leave providing a
absence. No personal leave may be taken without the express approval of your
leave entitlement when a spouse or domestic partner is on leave from military
immediate manager and Human Resources. If you are approved for personal
deployment. To the extent applicable state law provides for a greater leave
leave, you must substitute any accrued PTO for unpaid personal leave. Requests
entitlement, Gap Inc. intends to provide such leave.
to extend personal leave must be made at least two weeks before the expected
return to work date.
You will not accrue PTO, holiday pay or other benefits while on personal leave. You
are not guaranteed reinstatement to the job you held immediately before leave
commenced. If your position has been filled, you may apply for another position
for which you are qualified. You may be given an opportunity to interview for
positions at other locations. Employment will be terminated if, at the conclusion
of a personal leave, you reject an offer to work in an alternative position or if
there are no vacant positions for which Gap Inc. believes you are qualified. Gap
Inc. retains the right to choose the most qualified person for each position.
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Section III State Law: Family and/or Medical Leave
This section describes the additional family and/or medical leave benefits that
may be available to you based on the state in which you work. These leave
benefits are designed to recognize and satisfy any additional family and/
or medical leave requirements provided by the state in which you work. Gap
Inc.’s policy is to grant employees, at a minimum, family and/or medical leave
as required under the federal FMLA and applicable state law. Gap Inc. also
administers leaves in a manner that provides the most favorable elements of
federal FMLA and applicable state law. In other words, an employee is entitled
to the greater amount of leave under Section I of this guide or state law (when
eligible for such leave under those policies or laws). For example, if state law
provides for more leave or makes an employee eligible for leave sooner than the
FMLA policy discussed in Section I of this guide, then the employee is entitled to
the leave provided under state law, assuming he or she is eligible.
If the benefits and rights provided under state law merely mirror the benefits
provided under Section I of this guide, they are not referenced in Section III of this
guide. However, leave that qualifies under the policies in Section I of this guide
and state law will run concurrently and employee obligations under the policies
in Section I will apply to family and/or medical leaves under state law even if a
state law is not referenced in Section III of this guide. Whenever permissible, the
leaves provided in this section of the guide will be run concurrently with leaves
provided in other sections of this guide.
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CALIFORNIA
Family and Medical Leave
Employees may be eligible for 12 weeks of leave within a 12-month period under
the California Family Rights Act (CFRA). Many provisions of CFRA leave follow our
FMLA leave policy, and we will consider employees eligible for CFRA leave if they
are eligible under our FMLA leave policy. With limited exceptions, the medical
certification procedures required to be followed to receive CFRA leave mirror
those described in our FMLA policy in Section I of this guide. However, some
differences may exist. For example, the medical certification procedure for CFRA
leave requires a different form than the one used for FMLA leave. PDL leave does
not run concurrently with CFRA leave, so you may be entitled to CFRA leave at the
end of a period of PDL.
CFRA’s definition of a parent includes biological, foster or an adoptive parent, a
stepparent, a legal guardian or other persons who stood in loco parentis (in place
of a parent) to the employee when the employee was a child. Also, while our
parental bonding policy requires employees to take leave in full-day increments,
CFRA permits employees to take leave for parental bonding purposes in less than
a full-day increment on two occasions. In all other respects, the rules for CFRA
follow our FMLA policy.
The summary does not contain all the specific requirements and issues that may
Pregnancy Disability Leave (PDL)
arise under state leave laws, but notes where there are important differences
Seasonal employees in California also may receive PDL. Leave taken under CFRA to
between FMLA leave and pregnancy disability leave (PDL) and the leave provided
bond with a newborn child begins after any period of PDL expires.
by state law. Because state leave laws change frequently, please contact your
local Human Resources representative if you have questions or need additional
Kin Care Leave
information.
You may take up to one-half of your annual accumulated PTO to attend to the
illness of your child, registered domestic partner, parent or spouse. Such absences
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will not be subject to an absence control policy resulting in discipline. You must
if the employee provides written notice of her pregnancy and the employee or
notify your supervisor whether PTO is being taken for your own illness or to
Gap Inc. reasonably believe that continued employment in the current position
attend to the illness of a child, parent, registered domestic partner or spouse.
may cause injury to the employee or unborn child. Leave under this policy runs
concurrently with PDL, FMLA and CFMLA leave. Employees returning from leave
CONNECTICUT
under this policy shall be restored to their original job or an equivalent position,
whenever possible.
Under the Connecticut Family and Medical Leave Act (CFMLA), employees who
have worked for Gap Inc. for at least 12 months and worked at least 1,000 hours
DISTRICT OF COLUMBIA
in the 12 months preceding the request for leave are eligible for up to 16 weeks
of leave in a 24-month period. Eligible employees can take CFMLA leave for their
Employees in the District of Columbia are eligible for family/medical leave if they
own serious health condition, to care for a spouse (including a same-sex spouse
have worked for Gap Inc. for 12 consecutive months and for at least 1,000 hours
or same-sex civil union partner), child or parent with a serious health condition,
in the 12-month period preceding their request for leave. Eligible employees
to care for the employee’s child after birth or placement for adoption or foster
may take up to 16 weeks of leave in a 24-month period. Eligible employees may
care, or for organ or bone marrow donation. A parent under the CFMLA includes
take leave for the placement of a child for whom the employee permanently
a biological parent, foster parent, adoptive parent, stepparent or legal guardian
assumes parental responsibility. In addition, DC FMLA covers a family member
of an eligible employee or an eligible employee’s spouse, or an individual who
who is related by blood, legal custody or marriage, or any person with whom the
stood in loco parentis (in place of a parent) to an employee when the employee
employee has shared a residence in the last year and with whom the employee
was a child. Certification of the need for CFMLA may be required. Leave under the
has a committed relationship. A child is defined more broadly under the DC FMLA
CFMLA may run concurrently with FMLA leave. Employees returning from CFMLA
than under FMLA to include a child under the age of 21, 21 or older and disabled,
leave shall be restored to their original job, if it is available. If it is not available,
and under 23 and a full-time college student.
employees shall be returned to an equivalent position.
FLORIDA - Miami-Dade County
Pregnancy Disability Leave
All female employees, including seasonal employees, are eligible for leave for
a reasonable period of time for a pregnancy-related disability. This is generally
Employees in Miami-Dade County who have been employed by Gap Inc. for at
the period of time that is medically necessary for leave related to pregnancy,
least 12 months and who have at least 1,250 hours of service in the 12-month
even if that period exceeds the leave period provided in Gap Inc.’s PDL policy. An
period immediately preceding the leave may take leave to care for a grandparent
employee may also be entitled to transfer to a reasonable temporary position
with a serious health condition on the same terms and conditions as leave is
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permitted under the federal FMLA for a parent with a serious health condition.
A grandparent for purposes of this policy is defined as any grandparent of an
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KANSAS
employee for whom the employee has assumed primary financial responsibility.
HAWAII
All female employees, including seasonal employees, disabled due to pregnancy,
childbirth or related medical conditions are entitled to a leave of absence for a
reasonable period of time. This is generally the period of time that is medically
Family Leave
Under the Hawaii Family Leave Law (HFLL), employees who have worked for Gap
Inc. for at least six months, regardless of the amount of hours worked, are eligible
for up to four weeks of leave during each calendar year, not to exceed four weeks
in any 12-month period. The reasons for leave under the HFLL are more restrictive
than under FMLA. Leave under HFLL is only available upon the birth or adoption
of a child of the employee, to care for the employee’s child, spouse or reciprocal
beneficiary, or a parent with a serious health condition. A parent under the HFLL
is defined to mean a biological, foster or adoptive parent, a parent-in-law, a
stepparent, a legal guardian, a grandparent or a grandparent-in-law.
necessary for leave related to pregnancy disability, even if that period exceeds
the leave period provided in Gap Inc.’s PDL policy. Following childbirth, and upon
signifying her intent to return within the reasonable time provided for leave
under Kansas law, an employee taking Kansas Family and Medical Leave will be
reinstated to her original job or to a position of like status and pay.
KENTUCKY
Adoption Leave
In Kentucky, all employees are entitled to leave of up to six weeks to adopt a child
IOWA
under the age of seven. All employees in Kentucky, including seasonal employees,
LOUISIANA
are entitled to this leave, even if they are not eligible for FMLA.
All female employees, including seasonal employees, are entitled to a leave for a
period of up to eight weeks because of disability due to pregnancy, childbirth or
related medical conditions. The employee must provide the same advance notice
required by Gap Inc.’s PDL policy. Gap Inc. must approve any change in the leave
period requested before the change is effective. Employees who want to take
such leave must submit a medical certification confirming that they are unable
to perform the duties of the job because of pregnancy, childbirth or related
medical conditions.
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All female employees, including seasonal employees, disabled due to pregnancy,
childbirth or related medical conditions are entitled to leave for a reasonable
period of time during which the female employee is disabled because of
pregnancy, childbirth or related medical conditions, not to exceed four months. A
pregnant employee may be entitled to temporarily transfer to a less strenuous or
hazardous vacant position for the duration of the pregnancy, where the transfer
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21
can be reasonably accommodated. The request for a temporary transfer must
newly adopted child, adopting a child under the age of 18, or adopting a mentally
be supported by a written medical certification from the employee’s health care
or physically disabled child under the age of 23. Since female employees are
provider that the transfer is medically advisable.
eligible for MMLA leave after working for Gap Inc. full-time for three consecutive
months, a female may be eligible for MMLA leave even though she is not eligible
MAINE
for FMLA leave. Employees wishing to take leave under this policy must provide
at least two weeks’ notice of the intended departure date for leave, and notice of
the intention to return to work. When applicable, MMLA runs concurrently with
All employees who have been employed for 12 consecutive months are entitled
FMLA. However, if an employee has exhausted her entitlement to FMLA at the
to up to 10 workweeks of family/medical leave in any two years. Unlike FMLA,
there is no minimum hours worked requirement and this leave applies even if
employees are not entitled to FMLA leave because they have not worked 1,250
hours in the 12-month period preceding the leave.
time she gives birth or adopts a child, the employee is still entitled to a full eight
weeks of unpaid leave.
Upon completion of leave, an employee will be reinstated to her previous position
or to a substantially similar position, provided that the employee’s job still exists
Paid Leave to Care for Immediate Family Member
An employee may use accrued paid time off to care for the employee’s spouse,
child or parent. Paid time off does not include paid short-term or long-term
disability benefits.
and the employee would have continued to be employed in the job had she not
taken leave.
Family Leave
The Massachusetts Small Necessities Leave Act entitles employees to up to 24
hours of leave during a 12-month period for certain “small necessities.” Employees
MARYLAND
are eligible for this leave if they have worked at least 12 months and a minimum
Seasonal employees in Maryland also may receive pregnancy disability leave. Also,
there is no four-month “cap” to the leave.
of 1,250 hours in the 12-month period preceding leave. This leave may be taken to
participate in school activities directly related to the educational advancement
of an employee’s child, such as parent-teacher conferences or interviewing for
MASSACHUSETTS
a new school, to accompany an employee’s child to routine medical or dental
Maternity Leave
is at least 60 years of age and is related by blood or marriage to the employee) to
appointments, or to accompany an employee’s elderly relative (an individual who
Under the Massachusetts Maternity Leave Act (MMLA), female employees who
have been full-time employees for three consecutive months are eligible for eight
weeks of unpaid leave for the purpose of giving birth, caring for a newborn or
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routine medical or dental appointments or appointments for other professional
services related to elder care.
Employees who qualify to take Massachusetts Small Necessities Leave are
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required to give Gap Inc. at least seven days’ notice if the need for leave is
foreseeable. If the need for leave is not foreseeable, employees must give notice
as soon as practicable. Employees may be asked to provide certification for the
absence.
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MONTANA
Pregnancy Leave
Female employees, including seasonal employees, disabled due to pregnancy,
Massachusetts Small Necessities Leave is in addition to leave provided under the
childbirth or related medical conditions are entitled to a reasonable amount
FMLA (it does not run concurrently).
of leave, and for so long as the employee’s doctor certifies that the employee is
disabled even if that period exceeds the leave period provided in Gap Inc.’s PDL
MINNESOTA
policy. The employee will be reinstated to her original job or to an equivalent
job with equivalent pay and benefits at the end of the leave, unless a change of
circumstances makes it impossible or unreasonable to do so.
Employees who have worked for Gap Inc. for at least 12 months, and worked
an average of at least one-half the full-time equivalent position in their job
classification per week during the 12 months prior to their leave, are eligible for
NEW JERSEY
up to six weeks of unpaid leave to care for the employee’s child after birth or
Family Leave
placement for adoption. Leave for the birth or adoption of a child may begin not
Employees who have worked for Gap Inc. for 12 months and at least 1,000 hours
more than six weeks after the birth or adoption; except that, where the child
in the 12-month period preceding leave are entitled to 12 weeks of leave in a
must remain in the hospital longer than the mother, the leave may not begin
24-month period under the New Jersey Family Leave Act (NJFLA) to care for a
more than six weeks after the child leaves the hospital.
family member with a serious health condition or for the birth or placement
for adoption of a child. An employee may not take leave for his/her own serious
Paid Leave to Care for a Family Member
health condition or to place a child in foster care. A family member under
Employees who have worked for Gap Inc. for at least 12 months, and worked an
the NJFLA is a child, parent, spouse or one partner in a civil union couple. The
average of at least one-half the full-time equivalent position in the employee’s
definition of a parent in the NJFLA is broader than FMLA and includes a biological
job classification per week during the previous 12 months, may also use accrued
parent, adoptive parent, resource family parent, stepparent, parent-in-law, legal
PTO for absences to care for an injured or ill child (under age 18 or under age 20
guardian, having a parent-child relationship as defined by law and anyone
who still attends secondary school, so long as caring for the child is medically
with legal or physical custody, care, guardianship or visitation with the child.
necessary).
Leave to care for a family member with a serious health condition may be taken
intermittently when medically necessary under certain circumstances. Leave for
the birth or adoption of a child under the NJFLA must commence within the first
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year after the child’s birth or adoption. Employees should provide advance notice
of the need for leave under the NJFLA when the need for leave is foreseeable and
23
OREGON
may be required to provide certification of the need for leave.
When an employee takes a leave for a purpose covered by both the FMLA and
An employee who has worked for Gap Inc. for at least 180 days immediately prior
the NJFLA, the leave simultaneously counts against the employee’s entitlement
to taking leave and for at least 25 hours per week1 may be eligible to take family
under both laws. However, as noted above, because the NJFLA is only a family
and medical leave under the Oregon Family Leave Act (OFLA) to:
leave law, leave granted due to an employee’s own serious health condition
is not covered by the NJFLA. This can result in important distinctions in the
calculation of available leave. For example, because the period of leave caused by
an employee’s disability due to pregnancy or childbirth is more properly classified
as leave due to an employee’s own serious health condition, Gap Inc. normally
would count such time toward the employee’s FMLA allotment only. Once the
period of disability due to pregnancy or childbirth has ended, an employee would
use her 12 weeks of leave under the NJFLA to care for her newborn child and run
that time concurrently with any remaining FMLA leave. In instances where an
employee remains disabled due to childbirth and an employee has no FMLA leave
remaining, Gap Inc. will allow employees to begin using NJFLA leave.
When an employee returns from a NJFLA leave, Gap Inc. will return the employee
to the same position the employee held when the leave commenced, or to an
equivalent position that has equivalent seniority, status, benefits, pay and other
• Care for an infant, newly adopted or newly placed foster child under 18 years
of age, or for an adopted or foster child older than 18 years of age if the child
is incapable of self-care because of a mental or physical disability (parental
leave)
• Care for a family member with a serious health condition (serious health
condition leave)
• Recover from or seek treatment for a serious health condition of the employee
that renders the employee unable to perform at least one of the essential
functions of the employee’s regular position (serious health condition leave)
• Care for a child of the employee who is suffering from an illness, injury or
condition that is not a serious health condition but that requires home care
(sick child leave)
• Attend a funeral (or alternative ceremony), to make arrangements
terms and conditions of employment, to the extent the employee would have
necessitated by the death of a family member, or simply to grieve the death of
otherwise been entitled to return to such position and retain such terms and
a family member (bereavement leave).
conditions of employment had he or she not taken leave.
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1. The weekly hours requirement does not apply for family leave taken to care for a newborn infant,
a newly adopted or foster child under age 18, or an adopted or foster child older than age 18 if the
child is incapable of self-care because of a mental or physical disability.
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24
Generally, leave under the OFLA is limited to 12 weeks in a 12-month period.
If the employee gives birth before the prenatal leave period, she may choose to
However, bereavement leave is limited to two weeks per covered family member
add such time to the post-natal leave period. If the employee has exhausted her
in a 12-month period. In addition to the 12 weeks of leave for the reasons listed
four weeks of prenatal leave without giving birth, her paid prenatal leave period
on the previous page, female employees are entitled to 12 weeks of leave within
is extended until she gives birth. If the employee has post-natal complications
a 12-month period for an illness, injury or condition related to pregnancy or
that prevent her from returning after the four week post-natal leave period, leave
childbirth that disables the employee from performing any job duties offered by
may be extended up to 12 additional weeks, provided that she submits a medical
Gap Inc. All employees who have exhausted parental leave may be eligible for an
certification confirming her inability to return to work before the expiration of
additional 12 weeks of sick child leave.
the usual four-week post-natal leave period. However, in this case, leave beyond
Leave can be taken to care for the following family members with a serious
health condition or in connection with the death of the following covered
family members: spouse, parent (biological, adoptive or foster parent), child, a
parent-in-law of the employee or the person with whom the employee was or
is in a relationship of in loco parentis (in place of a parent). Employees should
contact Human Resources if they have questions regarding the class of people
that might be considered to have acted in loco parentis.
the four week post-natal period is unpaid.
Adoption Leave
A female employee, including a seasonal employee, who adopts a pre-school
aged child (i.e., a child who is five years of age or less and not registered in school
under Puerto Rico law), is entitled to the same benefits as a female worker has
who gives birth to a child. Adoption leave begins as of the date the child joins
the family. A female employee who wants leave must provide Gap Inc. at least 30
days’ advance notice of her intention to adopt a child, along with her plans for
PUERTO RICO
maternity leave and job reinstatement. She must also submit evidence to Gap
Inc. of the adoption procedures issued by a competent organization.
Maternity Leave
All female employees, including seasonal employees, are entitled to a period of
paid leave for childbirth and reinstatement to their jobs upon returning from
leave. The leave period generally may begin four weeks before and end four
weeks after childbirth. At the option of the employee, leave may begin one week
before childbirth and extend up to seven weeks after childbirth, provided the
employee presents a medical certification showing that she is able to work up to
one week before childbirth. Pay during leave is based on the employee’s average
salary, wages, day wages or compensation received during the six months prior to
RHODE ISLAND
Employees who have worked for Gap Inc. for 12 consecutive months and an
average of 30 or more hours a week are eligible for up to 13 consecutive weeks for
parental and family leave in any two calendar year period. Rhode Island FMLA also
allows leave to care for a parent-in-law with a serious health condition.
commencing maternity leave or, if it is not possible to calculate pay on this basis,
the salary, wages, day wages or compensation received when leave begins.
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TENNESSEE
25
• Participate in preschool or school activities directly related to the academic
advancement of the employee’s child, stepchild, foster child or ward who lives
with the employee
Pregnancy and Adoption Leave
Employees who have worked for Gap Inc. for at least a year in a full-time capacity
may take up to four months of leave for adoption, pregnancy, childbirth and
nursing an infant. With regard to adoption, the four-month period shall begin
at the time an employee receives custody of the child. To qualify for this leave,
the employee must give at least three months’ notice of the anticipated date of
departure for leave, the length of leave, and of the intent to return to full-time
work after leave, unless the failure to provide timely notice is due to a medical
emergency that requires leave to begin earlier. Such leave is unpaid and runs
concurrently with any leave taken pursuant to FMLA or other Gap Inc. policies.
• Attend or to accompany the employee’s child, stepchild, foster child or
ward who lives with the employee or the employee’s parent, spouse, or
parent-in-law to routine medical or dental appointments
• Accompany the employee’s parent, spouse or parent-in-law to other
appointments for professional services related to their care and well-being, or
• Respond to a medical emergency involving the employee’s child, stepchild,
foster child or ward who lives with the employee or the employee’s parent,
spouse or parent-in-law.
Upon returning from leave, employees shall be restored to the previous or a
Gap Inc. may require that short-term family leave be taken in a minimum of
similar position they held before such leave began.
two-hour segments. An employee’s use of short-term family leave is counted
separately from the employee’s use of parental or family leave. Each qualified
VERMONT
member of a married couple working for Gap Inc. is entitled to full amount of
statutory parental, family, and short-term family leaves upon a qualifying event.
An employee who has worked for Gap Inc. for an average of 30 hours a week for
a year is entitled to parental leave or family leave. During any 12-month period,
WASHINGTON
the employee is entitled to up to 12 weeks of unpaid leave for the birth of the
Family Care Leave
employee’s child, for the initial adoption placement of a child 16 years of age or
Under the Washington Family Care Act, employees may use their available PTO to
younger, or for the serious illness of the employee, the employee’s child, stepchild,
care for their child with a health condition that requires treatment or supervision,
ward, foster child, party to a civil union, parent, spouse, or parent-in-law.
or to care for a spouse, parent, parent-in-law or grandparent who has a serious
In addition to the leaves listed above, the employee also is entitled to short-term
family leave of up to four hours in any 30-day period (but not more than 24 hours
in any 12-month period) of unpaid leave. Short-term family leave is available to
eligible employees to:
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health condition or an emergency health condition. A health condition requiring
treatment or supervision means:
• Any medical condition requiring treatment or medication that the child
cannot self-administer
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• Any medical or mental health condition that would endanger the child’s
safety or recovery without the presence of a parent or guardian, or
• Any condition warranting treatment or preventive health care such as
physical, dental, optical or immunization services, when a parent must be
present to authorize such treatment.
26
WISCONSIN
Under the Wisconsin Family Medical Leave Act, an employee of either sex who
has worked for Gap Inc. for more than 52 consecutive weeks and for at least 1,000
A “serious health condition” is a condition: (i) requiring an overnight stay in a
hospital or other medical-care facility; (ii) resulting in a period of incapacity or
hours in the 52 weeks preceding the leave is entitled to:
• Up to six weeks of unpaid leave in a 12-month period for the birth or adoption
treatment or recovery following inpatient care; (iii) or continuing treatment under
of the employee’s child, providing the leave begins within 16 weeks of the
the care of a health care services provider that includes any period of incapacity
birth or placement of that child
to work or attend to regular daily activities.
• Up to two weeks of unpaid leave in a 12-month period for the care of a child,
An emergency health condition means a health condition that is a sudden,
generally unexpected occurrence or set of circumstances relate to one’s health
demanding immediate action and is typically very short term in nature.
spouse or parent with a serious health condition, or
• Up to two weeks unpaid leave in a 12-month period for the employee’s own
serious health condition.
The Washington Family Care Act defines a child of the employee as the
Employees may take no more than eight weeks of leave in a 12-month period for
employee’s biological, adopted or foster child, a stepchild, a legal ward, or a child
any combination of these reasons.
of a person standing in loco parentis (in place of a parent). The child must be
either under 18 years of age or 18 years of age or older and incapable of self-care
because of a mental or physical disability. An adult child is incapable of self-care
when a mental or physical disability limits one or more activities of daily living.
Employees are expected to provide advance notice of the need for leave.
Employees may be requested to provide certification for leave taken for an
employee’s own serious health condition or that of a family member. Upon return
from leave, employees will be returned to the position they held when leave
An employee who takes available PTO for family care reasons must comply with
began, if the position is vacant. If the position is not vacant, the employee will be
Gap Inc.’s policies for using PTO.
placed in a position with equivalent compensation, benefits, working shift, hours
of employment and other terms and conditions of employment. Leave under this
policy may run concurrently with leave under the FMLA.
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Section IV State Law: Non-Medical Leave
27
Depending on the state or municipality in which you work, you may be entitled
Non-medical leaves vary widely by state and municipality and may include the
to non-medical leave benefits not described in this guide. Gap Inc.’s policy is to
following:
grant employees the maximum amount of non-medical leave required under
applicable law. Under this policy, an employee is entitled to the greater amount
of leave under either the non-medical leave policies under Section II of this
• Medical or blood donor leave
• Parental leave
guide or applicable law. Whenever permissible, the leaves provided pursuant to
• Military family and/or spousal leave
this section of the guide will be run concurrently with leaves provided in other
• Voting leave
sections.
• Jury duty leave
• Victims of domestic or sexual violence leave
• Crime victims leave
• Rehabilitation leave
• Literacy assistance leave
• Elected official/legislative leave
• Election duty leave
• Emergency duties leave
• National Guard/temporary military leave
• Public health emergency leave
• Breastfeeding leave.
Contact your local Human Resources representative or our Leave and Disability
Administrator for additional information about the types of leave that may be
available in the state or municipality in which you work.
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Covered service member
substantially gainful occupation by reason of a disability or disabilities related
As used in the FMLA policy (Additional Leave for Covered Service Members), a
to military service, or
member of the Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation or therapy, is
otherwise in outpatient status, or is on the temporary disability retired list, for a
serious injury or illness. A serious injury or illness is defined as an injury or illness
incurred by the covered service member in the line of duty while on active duty
in the Armed Forces, or that existed before the beginning of the member’s active
duty and was aggravated by service in the line of duty while on active duty in
the Armed Forces, and that may render the service member medically unfit to
perform the duties of the member’s office, grade, rank or rating.
Covered service members also include veterans who are undergoing medical
treatment, recuperation or therapy for a serious injury or illness and who were
discharged or released under conditions other than dishonorable at any time
during the five-year period prior to the first date the eligible employee takes leave
to care for the covered veteran. The covered veteran must have an injury or illness
incurred in, or preexisting but aggravated in, the line of duty on active duty, which
meets one of the following conditions:
• A continuation of a serious injury or illness that was incurred or aggravated
when the covered veteran was a member of the Armed Forces and that
rendered the service member unable to perform the duties of the service
member’s office, grade, rank or rating
• An injury, including a psychological injury, on the basis of which the covered
veteran has been enrolled in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
Domestic partner
• An individual defined as a domestic partner under federal, state or local law, as
well as
• An individual of the same or opposite sex who meet all of the following
requirements:
– With whom an employee is in an exclusive relationship that is expected to
last indefinitely
– With whom an employee shares the same principal residence
– With whom an employee is jointly responsible for financial obligations, and
– Who is not legally married to another person.
Leave and Disability Administrator
The company administering Gap Inc.’s leave policies: Sedgwick Claims
Management Services (CMS), 800-GAP-9680.
Next of kin of a covered service member
• A physical or mental condition for which the covered veteran has received a
As used in the FMLA policy (Additional Leave for Covered Service Members), the
U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD)
nearest blood relative other than the covered service member’s spouse, parent,
of 50% or greater, with such VASRD rating being based, in whole or in part, on
son or daughter, in the following order of priority: blood relatives who have been
the condition precipitating the need for Armed Services leave
granted legal custody of the covered service member by court decree or statutory
• A physical or mental condition that substantially impairs, or would do
so absent treatment, the covered veteran’s ability to secure or follow a
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provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered service member has specifically designated in writing
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Glossary
29
another blood relative as his or her nearest blood relative for purposes of military
and legal arrangements, attending certain counseling sessions, and attending
caregiver leave under the FMLA. When no such designation is made, and there
post-deployment reintegration briefings.
are multiple family members with the same level of relationship to the covered
service member, all such family members shall be considered the covered service
member’s next of kin and may take FMLA leave to provide care to the covered
service member, either consecutively or simultaneously. When such designation
has been made, the designated individual shall be deemed to be the covered
Qualified military leave period
As used in the Leave for Military Spouses/Domestic Partners policy, the period
during which the qualified member is on leave from deployment during a period
of military conflict (a period of war declared by the U.S. Congress or a period of
service member’s only next of kin.
deployment for which members of the Reserves are ordered to active duty).
Qualified member of the United States Armed Forces, the National
Guard, or the Reserves
Reciprocal beneficiary
As used in the Leave for Military Spouses/Domestic Partners policy:
• A member of the U.S. Armed Forces who is deployed during a period of
military conflict (a period of war declared by the U.S. Congress or a period of
deployment for which members of the Reserves are ordered to active duty) to
an area designated as a combat theater or combat zone by the President of
the United States
As used in Hawaii Family Leave Law, a person who has a registered relationship in
accordance with Hawaii Revised Statute § 572C.
Serious health condition
As used in the FMLA policy, generally includes an illness, injury, impairment, or
physical or mental condition that involves either an overnight stay in a medical
care facility or continuing treatment by a health care provider for a condition that
either prevents the employee from performing the functions of his or her job or
• A member of the National Guard who is deployed during a period of military
conflict, or
prevents the qualified family member from participating in school or other daily
activities. Subject to certain conditions, the continuing treatment requirement
• A member of the Reserves who is deployed during a period of military conflict.
may be met by a period of incapacity of more than three consecutive calendar
days combined with at least two visits to a health care provider or one visit
Qualifying exigency
and a regimen of continuing treatment, or incapacity due to pregnancy, or
As used in the FMLA policy, a need for leave arising out of the fact that your
incapacity due to a chronic condition. Other conditions may meet the definition
spouse, son, daughter or parent is a member of the Regular Armed Services and
of continuing treatment.
is deployed to a foreign country, or is a member of the National Guard or Reserves
who is on, or has been notified of an impending call to active duty under a federal
call or order to a foreign country in support of a contingency operation pursuant
to certain provisions of law. A qualifying exigency may include attending certain
military events, arranging for alternative childcare, addressing certain financial
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Uniformed Services
As used in the Military Service Leave policy, Uniformed Services includes: United
States Armed Forces, the National Guard, the Coast Guard, the commissioned
corps of the Public Health Service, and military reserve units.
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Resources
30
Sedgwick CMS
Monday – Friday, 7:00 a.m. – 8:30 p.m. CT
Leaves and Disability
800-GAP-9680 (1-800-427-9680)
Fax: 866-210-4591
Gap Inc. Employee Services
Payroll/Benefits/PTO Reporting
Weekdays, 7:00 a.m. – 4:00 p.m. Pacific Time
1-866-411-2772, x 20600
T. Rowe Price Retirement Plan Services
GapShare 401(k) Plan (Participant Loans)
Weekdays 7 a.m. to 10:00 p.m. ET
888-GAP-401K (427-4015)
Qualifying mid-year health and welfare changes
Health and Dependent Care FSA
Gapweb > Benefits Portal
https://portal.gap.com
WageWorks Commuter Benefit
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Index
31
Accommodation leave, 11
Family and medical leaves
Medical leave
Adoption
Family and Medical Leave Act (FMLA), 3
See Family and medical leaves
Gap Inc. medical leave, 9
Military
Parental bonding leave, 8
State family and/or medical leaves
• California, 18
State adoption leave
Leave for military spouses/domestic partners, 17
• Connecticut, 19
• Kentucky, 20
Military service leave, 13
• District of Columbia, 19
• Puerto Rico, 24
Non-medical leaves
• Florida, 19
• Tennessee, 25
Gap Inc. non-medical leaves, 13
• Hawaii, 20
Benefits
Family and Medical Leave Act (FMLA) leave
benefit entitlements, 6
FMLA military family care leave entitlement, 4
State non-medical leaves, 27
• Iowa, 20
• Kansas, 20
Personal leave, 17
• Louisiana, 20
Pregnancy
• Maine, 21
Gap Inc. pregnancy disability leave (PDL), 7
While on military service leave, 14
• Massachusetts, 21
State pregnancy and/or maternity leaves
While on pregnancy disability leave, 8
• Minnesota, 22
• California, 18
• New Jersey, 22
• Connecticut, 19
• Oregon, 23
• Maryland, 21
• Rhode Island, 24
• Massachusetts, 21
• Vermont, 25
• Montana, 22
• Washington, 25
• Puerto Rico, 24
• Wisconsin, 26
• Tennessee, 25
While on family and/or medical and pregnancy
disability leave, 10
Bereavement leave, 15
Disability
Benefits while on family and/or medical and
pregnancy disability leave, 10
Claim requirements for medical leave, 9
Pregnancy disability, 7
Intermittent leave and reduced work/
leave schedules, 4
Job restoration
Pregnancy disability leave (PDL), 8
Resources, 30
Victims of domestic violence, sexual violence
and stalking leave, 16
Voting leave, 15
Medical leave, 9
Jury duty leave, 15
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Employee Leave of Absence Guide Getting started 

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