9.0
   
Benefits

Benefits


9.1
Insurance Benefits

All full-time regular employees are eligible for benefits under the PRPL’s group policy. Policies available include medical, dental, vision and long-term disability. To be eligible for enrollment, you must satisfactorily complete your 90-Day Introductory Period. In accordance with the Affordable Care Act, all full-time regular employees are eligible for medical insurance benefits under the Company’s group plan after the completion of the sixty (60) day waiting period. The effective date to enroll in insurance for new hires will be reviewed with each employee on their first day of work.

Each year, the Company will have an open enrollment event, and disclose to all eligible employees the specifics of the plans offered. Plans and insurance carriers may be changed periodically; employees will be required to attend open enrollment meetings for updated information. All benefit offerings are voluntary.


9.2
401(k)

PRPL is proud to offer eligible employees a 401(k) savings plan. Employees will become eligible to make pre-tax deferrals and participate if they are at least 21 years old with 1,000 hours of service, per year, and have successfully completed your 90-Day Introductory Period. Entry dates into the retirement plan are January 1st and July 1st. After the completion of one (1) year of employment, employees are eligible for the Company’s discretionary safe harbor match to their individual contributions. Entry dates for the safe harbor match are January 1st and July 1st following the employee’s anniversary date.


9.3
Continuation of Benefits – COBRA

Under the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees may be allowed to continue their health insurance benefits, at the employee’s expense, for up to 18 months after experiencing a qualifying event as outlined below. To qualify for COBRA continuation coverage, an employee must have a qualifying event that causes the employee to lose group health coverage. The following are qualifying events for the employee:


9.4
Family Medical Leave Act

The Company makes available various types of leave in accordance with the requirements of the Family and Medical Leave Act (FMLA).

Basic Leave: For eligible employees, up to 12 weeks of leave, in a 12-month period, is available for one or more of the following purposes:

The 12-month period is measured on a “rolling” basis, backward from the date leave is to commence.

Qualifying Exigency Leave: For eligible employees, up to 12 weeks of leave, in a 12-month period, is available for an eligible employee where the employee’s spouse, son, daughter or parent is on “covered active duty” and leave is needed for a “qualifying exigency.” Covered Active Duty includes: (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty.

A “qualifying exigency” is:

  1. Short notice deployment;
  2. Military events and related activities;
  3. Childcare and school activities;
  4. Counseling;
  5. Parental care;
  6. For the purpose of making financial and legal arrangements;
  7. Rest and recuperation (limited to 15 days for each instance);
  8. Post-deployment activities; and/or,
  9. Additional qualifying activities.

The “rolling” method used for measuring “Basic Leave” is also used to measure the 12-month period for “Qualifying Exigency Leave.”

Covered Servicemember Care Leave: Leave is available for an eligible employee to care for a spouse, child, parent or next-of-kin who:

  1. is a current member of the Armed Forces or a member of the Armed Forces who is on the temporary disability list, and who has a “serious injury or illness” for which he or she is undergoing medical treatment, recuperation, or therapy; or, otherwise in outpatient status; or, otherwise on the temporary disability retired list, or
  2. is a veteran of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, for a “serious injury or illness” and who was a member of the Armed Forces at any time during the period of 5 years preceding the date on which the veteran is undergoing the medical treatment, recuperation, or therapy.

For purposes of this section the following definitions apply:

  1. the term “Armed Forces” includes Armed Forces, National Guard, and Reserves.
  2. the term “serious injury or illness” means:
    1. For current members of Armed Forces – an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or 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 that renders the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
    2. For veterans of the Armed Forces – (i) 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 rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; (ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service Related Disability Rating (VASRD) of 50 percent or higher, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; (iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or (iv) 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.
  3. Next-of-kin of a covered servicemember is the nearest blood relative other than the covered servicemember’s spouse, son, or daughter, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.

For Covered Servicemember Care leave only, an employee is entitled to 26 workweeks of leave during any single 12-month period measured on a “rolling forward” basis. Servicemember Care leave measured on a rolling forward basis will be measured using the 12-month period forward from the date of the employee’s first instance of Servicemember Care leave.

Eligibility: Even in circumstances that would otherwise qualify for FMLA leave, an employee is not eligible for FMLA leave unless he or she: (1) has a cumulative (not necessarily continuous) 12 months of prior service; (2) has worked at least 1250 hours during the 12 months immediately preceding the date on which the FMLA leave would commence; and, (3) works at a location where at least 50 employees are employed within a 75-mile radius.

Intermittent Leave: You may take leave intermittently for certain qualifying reasons, as blocks of time off or in the form of reducing your normal weekly or daily schedule. If you need leave intermittently or on a reduced-leave schedule for planned medical treatment, it is your obligation to schedule the treatment so as not to unduly disrupt the Company’s operations. Further, intermittent leave or leave on a reduced-leave schedule must be medically necessary due to a serious health condition or a serious injury or illness, except in the case of intermittent leave for a Qualifying Exigency. Intermittent leave for the birth of a child or placement of a child for adoption or foster care is only permitted upon the approval of management and Human Resources.

Giving Notice of the Need for Leave: Absent extenuating circumstances, an employee must provide the Company with at least 30 days’ advance written notice before FMLA leave is to begin. Your failure to do so may cause delay or denial of leave.

If the need for leave is unforeseeable, then you must provide notice to the Company as soon as practicable under the facts and circumstances of your particular situation. For unforeseen leave, you must follow the normal procedure for contacting your supervisor to report an absence.

Eligibility Notice: PRPL will generally notify you within 5 business days of receipt of your request for FMLA leave of your eligibility to take Family and Medical Leave. If you are not eligible, the Company will tell you why.

Providing Evidence of Need for Leave: Human Resources may request additional information to assist the Company in determining whether an employee qualifies for leave under the FMLA. In most cases, the Company will request that the employee provide additional information regarding certification of the leave by providing the employee with a Certification form, specific to the type of leave the employee is requesting, to be completed and returned to the Company. Certification forms and any other requested documentation must be returned to the Company within 15 days of the Company’s request for Certification (absent extenuating circumstances).

Designation of Leave: Human Resources generally will notify you in writing of whether your leave request is approved within 5 business days after you have submitted the appropriate Certification form and/or the Company has sufficient information to determine whether the leave requested is FMLA covered.

Intent to Return to Work from FMLA Leave: Consistent with the manner in which the Company addresses other types of medical and personal leave, the Company may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. If circumstances change during your leave such that you no longer have a condition or circumstance that qualifies for FMLA leave, you are required to promptly notify PRPL.

Pay During Leave: FMLA leave is generally unpaid. However, if you have accrued but unused Vacation or Sick Time, the Company requires you to use your this time while taking FMLA leave. In other words, on commencing FMLA leave, you are required to simultaneously take any paid leave for which you are eligible, including vacation time. Once paid leave is exhausted, you will go on unpaid leave. Both paid and unpaid leave count towards the 12- or 26-week (in the case of Covered Servicemember Care Leave) limit. The terms of this paragraph may differ if you are eligible for some other form of leave payment, such as pay under a short term or long term disability plan, or workers’ compensation.

Benefits During LeaveIf you are participating in our group health plan at the time leave commences, you will be permitted to continue coverage for the duration of FMLA leave, but only if you continue to pay your share of premiums. For so long as your FMLA leave is paid leave, PRPL will continue to deduct your share of premiums from your pay. For unpaid FMLA leave, you are responsible for making arrangements to pay your share of premiums. Should you fall more than thirty (30) days behind in doing so, your coverage may be canceled. In addition, should you fail to return to work at the expiration of your leave, under certain conditions, PRPL is entitled to recover any premiums it paid on your behalf in order to maintain your coverage during FMLA leave.

Return from Leave: In most cases, an employee will have an opportunity to be restored to his or her same position or an equivalent position upon completion of FMLA leave. However, your rights will not be greater than they would have been in the absence of the leave, so there may be circumstances where an employee will not be reinstated. Also, PRPL reserves the right not to reinstate a “key” employee if reinstatement would cause substantial economic harm to our business. Key employees are generally those in the top 10% of compensation.

Return from Leave: Fitness-For-Duty Certification: Any employee who takes leave for the employee’s own serious heath condition will be required, as a condition of restoration, to obtain and provide certification that the employee is able to resume work and is able to perform the essential functions of his or her job. The cost of the Fitness-for-Duty Certification is paid by the employee. The Company may delay or deny restoration to employment if a Fitness-for-Duty Certification is not provided. The Company will request a Fitness-for-Duty Certification for leave taken on an intermittent or reduced-leave schedule basis if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties based on the serious health condition for which the employee took leave.

Taking More than the Allowed Leave: If an employee fails to return to work at the end of an approved leave of absence, including any approved extension of the leave, the employee’s absences will be treated the same as any other non-FMLA absence. This means, for example, that unexcused absences or failure to provide proper notice of absences may result in disciplinary action up to and including termination of employment.

Employee Rights and Responsibilities: The Department of Labor has prepared a summary of an Employee’s Rights and Responsibilities under the FMLA. This summary is available online at this URL: https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf


9.5
Domestic Violence

Under Florida Law, employees who have worked with PRPL for three months or longer are eligible for up to three (3) days of unpaid leave in any twelve (12) month period for activity connected with domestic violence. This leave will run concurrent with any available paid time off. Such activities include:

“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as a family or who have resided together as a family or who have resided together in the past as a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same dwelling unit. You will need to provide as much notice as possible along with sufficient documentation (i.e., copies of restraining orders, police reports).

Employees seeking to take domestic violence leave must provide the Leadership Team with three days’ notice prior to taking the leaving, unless the employee is prevented from doing so because of imminent danger to the health or safety of the employee or a family member. PRPL will keep confidential all information relating to leave for domestic violence. PRPL will not retaliate against employees for requesting or taking domestic violence leave.

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