DUE TO VACATION, HOLIDAY, ILLNESS, INCAPACITY (INCLUDING
DISABILITY), LAYOFF, JURY DUTY, WITNESS DUTY, MILITARY DUTY, OR LEAVE OF
ABSENCE.
IN COMPUTING AN HOUR OF SERVICE, THE PLAN MAY USE THE EQUIVALENCIES
SET FORTH IN PARAGRAPH (E) OF 29 C.F.R. §2530.200B-3.
HOWEVER, IF DIFFERENT
EQUIVALENCIES ARE USED FOR DIFFERENT CLASSIFICATIONS OF EMPLOYEES, THEN THOSE
CLASSIFICATIONS MUST BE REASONABLE AND CONSISTENTLY APPLIED.
EACH HOUR OF
SERVICE WILL BE CREDITED TO THE EMPLOYEE FOR THE APPROPRIATE COMPUTATION PERIOD
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (B) AND (C) OF 29 C.F.R.
§2530.200B-2, AND EACH HOUR OF SERVICE, WHEN AGGREGATED FOR A PARTICULAR
COMPUTATION PERIOD, WILL CONSTITUTE THE HOURS OF SERVICE CREDITED TO THE
EMPLOYEE FOR THAT COMPUTATION PERIOD.
HOWEVER, NO EMPLOYEE WILL BE CREDITED
UNDER (D) OF THIS PARAGRAPH 2.1(LL)(2) EITHER WITH MORE THAN 501 HOURS OF
SERVICE ON ACCOUNT OF ANY SINGLE CONTINUOUS PERIOD DURING WHICH THE EMPLOYEE
PERFORMS NO DUTIES FOR AN EMPLOYER IRRESPECTIVE OF WHETHER OR NOT THAT PERIOD
OCCURS IN A
8
SINGLE COMPUTATION PERIOD, OR WITH AN HOUR FOR WHICH THE EMPLOYEE IS PAID, OR
ENTITLED TO PAYMENT, BY AN EMPLOYER IF THAT PAYMENT IS MADE SOLELY FOR THE
PURPOSES OF EITHER REIMBURSING THE EMPLOYEE FOR MEDICAL OR MEDICALLY RELATED
EXPENSES INCURRED BY THE EMPLOYEE OR COMPLYING WITH APPLICABLE WORKER'S
COMPENSATION, UNEMPLOYMENT COMPENSATION, OR DISABILITY INSURANCE LAWS.
HOWEVER,
THE CREDITING OF HOURS OF SERVICE FOR BACK PAY AWARDED OR AGREED TO WITH RESPECT
TO PERIODS DESCRIBED IN (D) OF THIS PARAGRAPH 2.1(LL)(2) WILL BE SUBJECT TO THE
SAME LIMITATIONS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE WITH RESPECT TO
(D) OF THIS PARAGRAPH 2.1(LL)(2).
(3)
"SEVERANCE FROM SERVICE DATE" MEANS, WITH
RESPECT TO EACH EMPLOYEE, THE DATE OF HIS SEVERANCE FROM SERVICE.
(4)
"SEVERANCE FROM SERVICE" MEANS, WITH
RESPECT TO AN EMPLOYEE:
(A)
THE DATE OF TERMINATION OF HIS EMPLOYMENT
RELATIONSHIP WITH HIS EMPLOYER BY REASON OF A QUIT, RESIGNATION, DISCHARGE,
RETIREMENT, DEATH, OR LAYOFF OF THE EMPLOYEE FOR AN INDEFINITE PERIOD OF TIME
MADE WITHOUT ANY EXPECTATION ON THE PART OF THE EMPLOYER AT THE TIME OF LAYOFF
TO RECALL THE EMPLOYEE, FOR EMPLOYMENT WITH THE EMPLOYER AS AN EMPLOYEE WITHIN
12 MONTHS FROM THE DATE OF THE COMMENCEMENT OF THE LAYOFF; OR
(B)
THE FIRST ANNIVERSARY OF THE FIRST DATE OF
THE EMPLOYEE'S ABSENCE FROM SERVICE.
NOTWITHSTANDING THE PRECEDING SENTENCE, IF
AN EMPLOYEE HAS AN ABSENCE FROM SERVICE OF MORE THAN ONE YEAR BY REASON OF A
MATERNITY OR PATERNITY ABSENCE, THE EMPLOYEE'S SEVERANCE FROM SERVICE OCCURS ON
THE SECOND ANNIVERSARY OF THAT ABSENCE; PROVIDED THAT THE PERIOD BETWEEN THE
FIRST AND SECOND ANNIVERSARIES OF THE FIRST DAY OF SUCH ABSENCE FROM SERVICE IS
NEITHER A PERIOD OF SERVICE NOR A PERIOD OF SEVERANCE.
FOR PURPOSES OF THIS
SUBPARAGRAPH (B), AN ABSENCE FROM SERVICE FOR MATERNITY OR PATERNITY REASONS
MEANS AN ABSENCE (1) BY REASON OF THE PREGNANCY OF THE INDIVIDUAL, (2) BY REASON
OF THE BIRTH OF A CHILD OF THAT INDIVIDUAL, (3) BY REASON OF THE PLACEMENT OF A
CHILD WITH THE INDIVIDUAL