HBI » Topics » 2.51 Period of Service

This excerpt taken from the HBI 8-K filed Sep 5, 2006.

2.51 Period of Service

“Period of Service” means a period beginning on the date an Employee enters Service (or reenters Service) and ending on his or her Separation Date with respect to such period, subject to the following special rules:

 

  (a) An Employee shall be deemed to enter Service on the date he or she first completes an Hour of Service.

 

  (b) An Employee shall be deemed to reenter Service on the date following a Separation Date when he or she again completes an Hour of Service.

 

  (c) An Employee shall be deemed to have continued in Service (and thus not to have incurred a Separation Date) for the following periods:

 

  (i) Any period for which he or she is required to be given credit for Service under any laws of the United States; and

 

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  (ii) The period (referred to herein as “Medical Leave”) prior to his or her Separation Date during which he or she is unable, by reason of physical or mental infirmity, or both, to perform satisfactorily the duties then assigned to him or her or which an Employer or Controlled Group Member is willing to assign to him or her, as determined by the Committee pursuant to a medical examination by a medical doctor selected or approved by the Committee. Such period shall end with the earlier of his or her Separation Date, or the date of cessation of such inability.

 

  (d) Subject to the rehire rules of Subsection 12.02, all periods of Service of an Employee shall be aggregated in determining his or her Service.

 

  (e) If an Employee is absent from work because he or she quits, is discharged or retires, and he or she reenters Service before the first anniversary of the date of such absence, such date shall not constitute a Separation Date and the period of such absence shall be included as Service.
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