1 - Introduction

The Massachusetts Paid Family and Medical Leave Law (M.G.L. c. 175M) (PFML) entitles covered individuals to take paid, job-protected leave for specified family and medical reasons, as explained below.

As described in this policy, leave under the PFML law will run concurrently with leave taken under other applicable state and federal leave laws. In addition, if an employee elects to use any accrued sick leave under the Massachusetts Earned Sick Time Law (M.G.L. c. 149, §148C) during the seven (7) calendar day waiting period described in Section G item 8 below, such sick leave under the Massachusetts Earned Sick Time law will run concurrently with leave under the PFML law if the leave is for a qualified reason under the PFML law.

The purpose of this policy is to communicate information about employee eligibility, PFML leave entitlements, the processes and procedures for applying for PFML leave and benefits, and returning to work at the conclusion of the leave period.

2 - Eligibility

Individuals eligible for PFML benefits are, as follows:

• All employees of CREST Technologies (the "Company”) who have been paid wages by a Massachusetts employer of (a) at least 30 times the individual's weekly benefit amount, in the 12 months immediately preceding application for benefits (i.e. the 4 quarters prior to the leave) and (b) at least $5,400.

  (Note: Wages earned at a prior Massachusetts employer will be counted for the purposes of determining eligibility for PFML)

• Former employees of the Company who meet the earnings requirements set forth in the paragraph above, and who have been unemployed less than 26 weeks.

3 - Leave Entitlement

As of January 1, 2021, eligible employees may be granted paid leave, as follows:

• Employee's Own Serious Health Condition: Up to 20 weeks of paid medical leave in a benefit year for their own serious health condition that incapacitates them from work. (Intermittent leave may be taken if medically necessary; however, the employee must work out a schedule with the Company that meets the employee's needs without unduly disrupting the Company's operations, subject to the approval of the employee's health care provider.)
• Family Leave for Bonding Purposes: Up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child (i.e., to bond with a newborn or newly adopted child), which must be taken during the first 12 months after the child's birth, adoption or foster care placement (Partners can take leave at the same time or separately).
• Family Leave for Qualifying Military Exigency: Up to 12 weeks of paid family leave in a benefit year because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces (i.e., to manage family affairs when a family member is on active duty). Intermittent leave is allowed when taking PFML due to a qualifying exigency.
• Family Leave for Care of a Covered Service member: Up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.Intermittent leave is allowed if a healthcare provider determines it is medically necessary. Please note that this type of leave is only available to care for a covered service member whose injury or illness was incurred or aggravated in the line of duty on active duty in the Armed Forces while the covered service member was deployed to a foreign country. For more information, please see the definitions of “active duty” and “covered service member” in the Definitions section below
• Family Leave for Family Member with Serious Health Condition: Beginning July 1, 2021, eligible employees may be granted up to 12 weeks of paid family leave in a benefit year to care for a family member with a serious health condition.

Note: Employees are eligible for no more than 26 total weeks, in the aggregate, of paid family and medical leave in a single benefit year.

4 - Definitions

Active Duty is defined as full-time duty in the active military service of the United States and full-time National Guard duty, and deployed to a foreign country.

Covered Service Member is defined as:

• A current member of the Armed Forces who is (a) undergoing treatment, recuperation, or therapy; (b) is in outpatient status; or (c) is otherwise on the temporary disability retired list for an injury or illness that was incurred or aggravated in the line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and deployed to a foreign country
• A former member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness that was incurred or aggravated in the line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and deployed to a foreign country

Department is defined as the Department of Family and Medical Leave established in M.G.L. c. 175M, § 8.

Family Member is defined as the individual's spouse, domestic partner, child(ren), parent(s) (or person(s) who stood in loco parentis to the individual), parent(s) of the individual's spouse/partner, grandchild(ren), grandparent(s), and sibling(s) (biological, adoptive, and step-sibling(s)).

Qualifying Exigency is defined as a need arising out of a family member's active duty service or notice of impending call to active duty, including, but not limited to:

• Providing for the care or other needs of the military member's child or other family member
• Making financial or legal arrangements for the military member
• Attending counseling
• Attending military events or ceremonies
• Spending time with the military member during R&R leave or following return from deployment

Serious Health Condition is defined as an illness, injury, impairment, or physical or mental condition that involves: (1) inpatient care (overnight stays and subsequent treatment) at a hospital, hospice, or medical facility; or (2) continuing treatment by a health care provider.

5 - Paid Leave

Eligible employees on PFML are paid a weekly benefit during the approved leave period. The PFML paid leave benefit is calculated by the Department based on (1) a percentage of the employee's wages at the time of the filing of a request for leave and (2) the established Massachusetts average weekly wage, up to a maximum benefit amount. Such maximum weekly benefit as of January 2021 is $850.00. The Department reviews the maximum weekly benefit amount on an annual basis for potential adjustments.

The Department is also responsible for reviewing and approving applications for PFML and for paying employees whose applications have been approved PFML benefits during their respective leave.

6 - Use of Leave

PFML shall run concurrently with other applicable state and federal leave laws, when the leave is for a qualified reason under one or more of such laws. In addition, if an employee elects to use any accrued sick leave under the Massachusetts Earned Sick Time law (M.G.L. c. 149, § 148C) during the seven (7)calendar day waiting period described in Section G item 8 below, such sick leave under the Massachusetts Earned Sick Time Law will run concurrently with leave under the PFML Law if the leave is for a qualified reason under the PFML Law.

7 - Requesting Leave/PFML Application Process

The Department, not the Company, is responsible for determining individuals' eligibility for PFML leave, and for calculating and paying PFML benefits. Employees seeking to use PFML leave are required to provide notice to the Company and file an application with the Department as set forth below.

1. Notice

   Employees must provide thirty (30) days advance notice to the Company of the need to take PFML when the need is foreseeable. If the need for PFML is not foreseeable, an employee must provide the Company with notice of the need to take such leave as soon as is practicable. Employees must provide the Company with notice of their need for PFML prior to submitting an application for benefits with the Department

2. Application

   An employee must file an application for benefits with the Department no more than sixty (60) calendar days before the anticipated start date of the requested PFML leave. The Department will not accept an application for benefits unless timely notice to the Company was first provided. Application forms are issued by the Department. Information about filing an application for PFML benefits can be found on the Department's website. Employees may also contact Judy Picard at judy.picard@crest-tech.com or (508) 439-0266 for more information about how to file an application for PFML benefits.

3. Compliance with Company Regular Notice Procedure for Requesting Leaves

   In addition to the notice requirement set forth in Section G item 1 above, employees must continue to comply with the Company's usual and customary notice and procedural requirements for leave, absent unusual circumstances.

   If an employee does not provide timely notice to the Company under Section G item 1 or follow the Company's usual and customary notice and procedural requirements set forth in this section, and no unusual circumstances justify the employee's failure to comply, protected leave and application for PFML benefits may be delayed or denied by the Department.

4. Consultation with Company before Filing Application with Department for PFML Benefits When Planning Medical Treatment

   When planning medical treatment, an employee must consult with the Company in advance of filing an application with the Department and must make a reasonable effort to schedule the treatment so as not to unduly disrupt the Company's business operations, subject to the approval of the employee's health care provider.

5. Consent to Share Required Medical Information/Medical Certifications

   Employees filing an application for PFML must provide the Department with consent to share information regarding the application for benefits and other information necessary for the Department to process the individual's application for benefits, including consent to share information with the Company and health care provider.

   All applications for PFML benefits must be supported by a certification evidencing that the leave is for one of the qualifying reasons set forth in Section G item 3 above.

6. Department Notice to Company

   Within five (5) business days after an application for PFML benefits is filed with the Department, the Department will give notice to the Company and will facilitate the disclosure and exchange of relevant information or records regarding the application for benefits.

7. Determinations by Department

   Within 14 days of receiving an application, the Department will notify the employee of its approval or denial of the application, or notice that it n8eeds additional information from the employee or the Company.

8. Seven-Day Waiting Period/Payment of Benefits

   Within 14 days after approving an application, the Department will commence payment of leave benefits. No benefits are paid for the first 7 days of leave, but the 7-day waiting period is counted against the total available PFML in the benefit year.

   Note: Where the approved application for PFML benefits involves leave on an intermittent or reduced leave schedule, the waiting period shall be seven (7) consecutive calendar days from the date of the first instance of leave from the employer, not the aggregate accumulation of seven days of leave.

   As well, there shall be an initial seven (7) day waiting period for each application for PFML benefits, with the exception of medical leave during pregnancy or recovery from childbirth if supported by documentation by a health care provider that such medical leave is immediately followed by family leave, in which case the seven (7) day waiting period for family leave shall not be required.

9. Amendment, Reduction, or Extension of PFML Benefits

   Once the Department approves an employee's PFML application, the employee and the Company each have an affirmative obligation to notify the Department if there are any changes in relevant circumstances that would justify an extension, reduction, or other modification of the period of leave or the amount of PFML benefits within seven (7) calendar days of such change using the forms prescribed by the Department.

8 - Maintenance of Health Benefits/Other Benefits During Leave

The Company will maintain group health insurance coverage for an employee on PFML leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. The employee must make arrangements with the Company to pay their share of health insurance premiums while on leave. The Company may recover premiums it paid to maintain health coverage for an employee who fails to return to work from PFML leave.

The employee will not be eligible to accrue seniority or earn additional employee benefits (e.g., sick leave, vacation leave, or seniority) during the period of PFML. However, use of PFML will not result in the loss of any employment benefits that accrued prior to the start of the PFML.

9 - Reduced Work Schedule/Intermittent PFML

1. PFML to bond with a newborn, newly adopted or placed foster child may only be taken intermittently or on a reduced workweek basis with the Company's consent. For PFML to care for a family member with a serious health condition or a covered service member, or for the employee's own serious health condition, PFML may be taken intermittently or on a reduced schedule basis if medically necessary.
2. Intermittent PFML can be taken in increments of no less than 30 minute increments.
3. Employees approved for intermittent leave must work with the Company to make an effort to take leave so as not to unduly disrupt the Company's business operations. An employee who is approved for and who takes PFML on an intermittent or reduced leave schedule and fails to work during the times or on the schedule agreed to with the Company may be subject to disciplinary action, and the Company will be required to notify the Department of the employee's failure to adhere to the agreed-upon intermittent or reduced leave schedule.
4. The Company may seek a medical certification of the employee's serious health condition following the expiration of the initial period of incapacity cited in the healthcare certification or where an intermittent leave has extended for a period of more than six months from the approval by the Department, whichever occurs first.
5. The Company may require a fitness-for-duty certification for absences taken on an intermittent or reduced leave schedule up to once every 30 calendar days if reasonable safety concerns exist regarding the employee's ability to perform his/her duties based on the serious health condition for which they took leave.

10 - Interaction with Other Paid Benefits

1. An employee's weekly PFML benefit will be reduced by the amount of any unemployment compensation, workers compensation, or other such government disability benefits the employee is receiving.
2. An employee receiving Company-provided disability benefits under a temporary disability policy or program (e.g., benefits pursuant to a short term disability policy), other than permanent disability benefits and/or wages received from another employer during the PFML leave, will have their weekly PFML benefit reduced to the extent a combination of such benefits/wages and the weekly PFML benefit exceeds the employee's average weekly wage.
3. An employee's weekly benefit amount will be reduced by any paid family or medical leave that the employee received from any source for any qualifying reason in the 12-month period prior to filing their PFML benefits application. However, any leave taken for the same qualifying reason prior to January 1, 2021 shall not count against the employee's weekly benefit amount and/or leave allotment.
4. Employees who are approved for leave benefits by the Department and who elect to use accrued paid leave (for example, paid sick and/or vacation time) will not be eligible for any paid leave benefits from the Department for the period of time in which they are receiving such accrued paid leave. However, such accrued paid leave will run concurrently with any available PFML.

Employees may elect, but will not be required, to use available paid time off benefits during the initial (otherwise unpaid) seven-day period of PFML leave.

Employees who choose to use accrued leave are required to follow the Company's notice and certification processes related to the use of such Company-provided leave.

11 - Extensions of PFML

Employees who seek an extension of PFML must file a request with the Department fourteen (14) days before the expiration of the originally approved PFML period. The employee and the Company are required to provide the Department with written notice should the status of an employee's circumstances justify an extension, reduction, or other modification of the period of leave or amount of benefits within seven (7) calendar days.

12 - Job Restoration

1. In general, upon return from PFML leave, an employee will be restored to their previous position, or to an equivalent position with the same status, pay, benefits, length-of-service credit, and seniority as of the date of leave, unless (a) similarly situated employees have been laid off due to economic conditions/changes in operating conditions or (b) the employee was hired to work on a specific project or for a specific term and the project/term is over and the Company would not otherwise have continued to employ the employee.
2. Upon reinstatement, an employee shall be entitled to any previously accrued benefits, including accrued vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit, or other employment benefits, plans, or programs in place within the Company. PFML leave periods will not be treated as credited service for the purposes of benefits accrual, vesting, and eligibility to participate in any such Company-provided benefits.
3. An employee who fails to return to work or to the employer's regular work schedule following the expiration of the PFML leave period may be subject to disciplinary action.

13 - Employee Protections under the PFML

It is unlawful for the Company to threaten to retaliate or retaliate by discharging, firing, suspending, disciplining, or otherwise discriminating against an employee for exercising their rights under the PFML or with the purpose of interfering with any right to which an employee is entitled under the PFML.

The Company reserves its right to take disciplinary action, up to and including termination, against employees who have been determined to have received benefits on the basis of a false statement.

14 - Administrative Procedures

The Company may establish administrative procedures to implement this Policy.

15 - Adoption by the Company

This policy was adopted by the Company on June 30, 2021