For purposes of this policy, the following definitions and clarification apply:


An eligible employee is an employee who works for ADS and who:

Time Off Allowed

Unless otherwise provided by state law, employees may be eligible for an unpaid family medical leave of absence for up to 12 weeks in any 12-month period.

Qualifying Events

Leave may be granted for the following reasons:

Application and Certification for Leave

An eligible employee applying for leave must request and complete an Application For Family or Medical Leave. No leave may be taken unless the employee submits the completed application to Human Resources at least 30 days in advance of the leave or, if the leave is not foreseeable, within 1 or 2 business days of discovering the need for leave. ADS also reserves it’s right to designate leave, paid or unpaid, as FMLA leave as soon as ADS discovers that the reason for the leave qualifies under FMLA. If the employee is requesting leave for the purpose of caring for a spouse, child, or parent or for the employee’s own serious health condition, the employee must provide a certification issued by the employee’s health care provider certifying that the employee is, as appropriate, either (i) needed to care for his or her spouse, child, or parent because the family member has a serious medical condition or (ii) is unable to perform the functions of his or her position due to a serious health condition. An eligible employee must request the applicable Health Care Provider Certification and have it completed by the appropriate health care provider before leave begins if the employee has given 30 days notice of leave or within 15 days after the request for leave, unless it is not practicable despite the employee’s diligent good faith efforts. If ADS has reason to doubt the validity of the certification provided, it may require the employee to obtain, at ADS’s expense, a second opinion from a physician selected by ADS. If the second opinion is in conflict with the first, ADS may require the employee, at ADS’s expense, to see a mutually agreed upon health care provider to give a final and binding opinion. If ADS learns that an employee is abusing leave by engaging in unauthorized work while on leave, the employee will be subject to disciplinary action up to and including termination.


Key Employees - may be denied job restoration if such denial is necessary to prevent “substantial and grievous economic injury” to ADS operations.

Key employees are those who are:

Key employee’s status will be determined at the time notice of the needed leave is given (or as soon as practicable).

Spouses Employed By ADS - employees who are married and both work for ADS are entitled to only a combined 12 weeks of FMLA for the same leave situation. (For example, the birth or adoption of a child.).

Intermittent or Reduced Leave Schedule 

Exhaustion of Paid Leave


The employee’s status, salary, and benefits will be maintained during leave to the extent required by law. ADS will continue to provide group health insurance coverage, but employee must continue to pay any required premium as applicable. If the employee is being paid during the leave, regular premium withholdings will continue.

Requirements While on Leave 

Returning from Leave

Last Reviewed: April 2023

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