Common use of Maternity or Paternity Absences Clause in Contracts

Maternity or Paternity Absences. (i) In the case of an Employee who is absent from work for any period (A) Because of the Employee’s pregnancy, (B) Because of the birth of the Employee’s child, (C) Because of the placement of a child with the Employee in connection with the adoption of the child by the Employee, (D) To care for such a child for a period beginning immediately following birth or placement, then Hours of Service described in Paragraph (ii) shall be counted as Hours of Service solely for the purpose of determining whether a One Year Break in Service has occurred. No more than 501 Hours of Service shall be credited to an Employee under the terms of this Paragraph (i). (ii) The Hours of Service described in this Paragraph are: (A) The Hours of Service which otherwise would normally have been credited to the Employee but for the absence described in Paragraph (i), or (B) If the Hours of Service described in Subparagraph (A) cannot be determined, eight Hours of Service for each normal workday of absence. (iii) The Hours of Service described in Paragraph (ii) shall be treated as Hours of Service under this Section 1.25(b): (A) Only in the Plan Year or Computation Period in which the absence begins, if an Employee would be prevented from incurring a One Year Break in Service in that 12 month period solely because the absence is treated as Hours of Service under Paragraph (i); or (B) In any other case, in the immediately following Plan Year or Computation Period. (iv) No Hours of Service will be counted as Hours of Service under this Section 1.25(b)(iv) unless the Employee furnishes to the Committee such timely information as the Committee may reasonably require to establish: (A) That the absence is for the reasons described in Paragraph (i), and (B) The number of days for which there was such an absence.

Appears in 2 contracts

Samples: Trust Agreement (Radioshack Corp), Trust Agreement (Radioshack Corp)

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Maternity or Paternity Absences. (i1) In The provisions of this subsection shall apply in the case of an Employee who is absent from work for any periodperiod -- (A) Because because of the Employee’s 's pregnancy, (B) Because because of the birth of the Employee’s 's child, (C) Because because of the placement of a child with the Employee in connection with the adoption of the child by the Employee,. or (D) To to care for such a child for a period beginning immediately following birth or placement. (2) If the completed Hours of Service method of counting Years of Service is designated in the Adoption Agreement, then Hours of Service described in Paragraph subparagraph (iiA) shall be counted as Hours of Service solely for the purpose of determining whether a One Year Break in Service has occurred. No more than 501 Hours of Service shall be credited to an Employee under the terms of this Paragraph (i). (iiA) The Hours of Service described in this Paragraph subparagraph are: (Ai) The the Hours of Service which otherwise would normally have been credited to the Employee but for the absence described in Paragraph paragraph (i1), or (Bii) If if the Hours of Service described in Subparagraph clause (Ai) cannot be determined, eight Hours of Service for each normal workday of absence. (iiiB) The Hours of Service described in Paragraph subparagraph (iiA) shall be treated as Hours of Service under this Section 1.25(bsubsection (c): (Ai) Only only in the Plan Year or Computation Period in which the absence begins, if an Employee would be prevented from incurring a One Year Break in Service in that 12 month period Computation Period solely because the absence is treated as Hours of Service under Paragraph (i)this paragraph; or (Bii) In in any other case, in the immediately following Plan Year or Computation Period. (iv3) No Hours If (i) the elapsed time method of counting Years of Service will be counted as Hours is designated in the Adoption Agreement, (ii) an Employee is absent from work for any reason described in paragraph (1), and (iii) the absence extends beyond the first anniversary of Service under this Section 1.25(b)(iv) unless the first day of absence, the Employee furnishes to the Committee such timely information as the Committee may reasonably require to establish: (A) That the absence is for the reasons described in Paragraph (i), and (B) The number of days for which there was such an absence.shall not incur a Severance Date as

Appears in 1 contract

Samples: Plan and Trust Agreement (St Joseph Capital Corp)

Maternity or Paternity Absences. (i) In Notwithstanding any other provision of this SECTION to the case contrary, solely for purposes of determining whether an Employee who has a One-Year Break in Service, Hours of Service shall include hours during which an Employee is absent from work for any period : (Ai) Because by reason of (a) the Employee’s 's pregnancy, , (Bb) Because of the birth of the Employee’s 's child, , (Cc) Because of the placement of a child with the Employee in connection with the adoption of the such child by the Employee, , or (Dii) To care for the purpose of caring for such a child for a period beginning immediately following such birth or placement, then Hours of Service described in Paragraph (ii) shall be counted as Hours of Service solely for the purpose of determining whether a One Year Break in Service has occurred. No more than 501 Hours of Service shall be credited to an Employee under the terms for purposes of this Paragraph (i). (ii) The Hours of Service described in this Paragraph are: (A) The Hours of Service which otherwise would normally have been credited SUBSECTION to the Employee but for the absence described in Paragraph (i), or (B) If the Hours of Service described in Subparagraph (A) cannot be determined, eight Hours of Service for each normal workday of absence. (iii) The Hours of Service described in Paragraph (ii) shall be treated as Hours of Service under this Section 1.25(b): (A) Only in the Plan Year or Computation Period in which the absence from work begins, if an Employee provided crediting of such Hours of Service in such Plan Year would be prevented prevent the Participant from incurring a One One-Year Break in Service in that 12 month period such Plan Year solely because of the absence is treated as crediting of such Hours of Service under Paragraph (i); or (B) in such Plan Year. In any other case, in Hours of Service shall be credited for purposes of this SUBSECTION to the immediately following Plan Year or Computation Period. (iv) No Year. The Hours of Service will credited for purposes of this SUBSECTION shall be counted as those hours which otherwise normally would have been credited but for such absence or, in any case in which the Plan Administrator is unable to determine the hours normally credited, Hours of Service under shall be calculated on the basis of the schedule of equivalent hours set forth in SUBSECTION 2.29(8). The total number of Hours of Service required to be credited for any absence described in this Section 1.25(b)(iv) SUBSECTION shall not exceed five hundred one (501). Notwithstanding the provisions of this SUBSECTION, no Hours of Service credit shall be given pursuant to this SUBSECTION unless the Employee furnishes to the Committee Plan Administrator with such timely information as the Committee may reasonably Plan Administrator shall require to establish: : (Ai) That that the absence is from work was for the reasons described in Paragraph referred to herein, and (i), and (Bii) The the number of days for which there was such an absence.

Appears in 1 contract

Samples: Employee Stock Ownership Plan (Club Corp International)

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Maternity or Paternity Absences. (i) In Notwithstanding any other provision of this Section to the case contrary, solely for purposes of determining whether an Employee who has a One-Year Break in Service, Hours of Service shall include hours during which an Employee is absent from work for any period : (Ai) Because by reason of (a) the Employee’s pregnancy, , (Bb) Because of the birth of the Employee’s child, , (Cc) Because of the placement of a child with the Employee in connection with the adoption of the such child by the Employee, , or (Dii) To care for the purpose of caring for such a child for a period beginning immediately following such birth or placement, then Hours of Service described in Paragraph (ii) shall be counted as Hours of Service solely for the purpose of determining whether a One Year Break in Service has occurred. No more than 501 Hours of Service shall be credited to an Employee under the terms for purposes of this Paragraph (i). (ii) The Hours of Service described in this Paragraph are: (A) The Hours of Service which otherwise would normally have been credited Subsection to the Employee but for the absence described in Paragraph (i), or (B) If the Hours of Service described in Subparagraph (A) cannot be determined, eight Hours of Service for each normal workday of absence. (iii) The Hours of Service described in Paragraph (ii) shall be treated as Hours of Service under this Section 1.25(b): (A) Only in the Plan Year or Computation Period in which the absence from work begins, if an Employee provided crediting of such Hours of Service in such Plan Year would be prevented prevent the Participant from incurring a One One-Year Break in Service in that 12 month period such Plan Year solely because of the absence is treated as crediting of such Hours of Service under Paragraph (i); or (B) in such Plan Year. In any other case, in Hours of Service shall be credited for purposes of this Subsection to the immediately following Plan Year or Computation Period. (iv) No Year. The Hours of Service will credited for purposes of this Subsection shall be counted as those hours which otherwise normally would have been credited but for such absence or, in any case in which the Plan Administrator is unable to determine the hours normally credited, Hours of Service under shall be calculated on the basis of the schedule of equivalent hours set forth in Subsection 2.29(8). The total number of Hours of Service required to be credited for any absence described in this Section 1.25(b)(iv) Subsection shall not exceed five hundred one (501). Notwithstanding the provisions of this Subsection, no Hours of Service credit shall be given pursuant to this Subsection unless the Employee furnishes to the Committee Plan Administrator with such timely information as the Committee may reasonably Plan Administrator shall require to establish: : (Ai) That that the absence is from work was for the reasons described in Paragraph referred to herein, and (i), and (Bii) The the number of days for which there was such an absence.

Appears in 1 contract

Samples: Employee Stock Ownership Plan (Clubcorp Inc)

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