Common use of Absence Without Authorization Clause in Contracts

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absence. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from the Department Head prior to the expiration of the time limit specified in A., above. C. When an employee has been absent without authorization and the County plans to invoke the provisions of 8.A., above, at least ten (10) calendar days prior to accepting and entering an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a statement of the County's intention to accept and enter the employee's automatic resignation and its effective date; 2. a statement of the reasons for considering the employee to have automatically resigned; 3. a statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a statement of the employee's right to representation; 5. a copy of the automatic resignation provisions which apply to the employee; 6. a statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the employee has waived any right to appeal the automatic resignation. D. An automatic resignation shall not be accepted and entered if the employee 1) responds to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her position. E. An employee who is permitted to continue his or her employment pursuant to C. and/or D., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use sick leave, compensatory time, vacation, or other paid leave to cover the absence. F. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. Automatic resignations shall not be considered a discharge under the provisions of Article IX,

Appears in 4 contracts

Samples: Memorandum of Understanding, Side Letter Agreement, Memorandum of Understanding

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Absence Without Authorization. A. Absence X. Xxxxxxx without authorization, whether voluntary or involuntary, for three (3) consecutive working days for staff employees or two (2) consecutive duty shifts for shift employees, shall be considered an automatic resignation from County Authority employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absence. B. If an employee does not have prior authorization to be absent from work, such employee they may request specific authorization from the Department Head Fire Chief prior to the expiration of the time limit specified in A., aboveSection 9.A of this Article. C. When an employee has been absent without authorization and the County Authority plans to invoke the provisions of 8.A., aboveSection 9.A of this Article, at least ten (10) calendar days prior to accepting and entering an automatic resignation, the County Authority shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the CountyAuthority's intention to accept and enter the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions provisions, which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the employee has waived any right to appeal the automatic resignation. D. An automatic resignation shall not be accepted and entered if the employee: (1) responds to the notice before the effective date, ; (2) provides an explanation satisfactory to the Department Authority as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, leave and submits any pertinent documentation to substantiate such reasons, ; and (3) is found by the Department Authority to be ready, able, and willing to resume the full duties of his or her their position. E. An employee who is permitted to continue his or her their employment pursuant to C. Section 9.C and/or D., above9.D of this Article, shall not be paid for the period of his or her their unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department Authority determines it is appropriate to use sick leaveSick Leave, compensatory time, vacation, or other paid leave Leave to cover the absence. F. Notwithstanding any other provision of this Section, the County Authority may rescind an automatic resignation. G. Automatic resignations shall not be considered a discharge under the provisions of Article IX,VIII, DISCIPLINARY AND PRE DISCIPLINARY ACTIONS.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, authorization for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absenceresignation. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from When the Department Head prior to the expiration of the time limit specified in A., above. C. When County believes an employee has been absent without authorization and the County plans to invoke the provisions of 8.A.9.A., above, the County shall send written notice by certified mail to the employee's last known address at least ten (10) calendar days prior to accepting and entering implementing an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the County's intention to accept and enter implement the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the automatic resignation shall be implemented. C. An automatic resignation shall not be implemented if the employee has waived any right responds to appeal the notice before the effective date and 1) it was physically impossible for the employee to contact his or her Department; or 2) the employee can show that it would be arbitrary, capricious or discriminatory to implement the automatic resignation. D. An automatic resignation employee who responds prior to the effective date of the proposed action shall not be accepted and entered if the employee 1) responds sent written notice of any action taken pursuant to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her positionintent. E. An employee who is permitted to continue his or her employment pursuant to C. subsection B. and/or D.C., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use sick of healthcare leave, compensatory time, vacation, annual leave or other paid leave to cover the absenceabsences is appropriate. F. If an employee does not have authorization to be absent from work, such employee may request authorization from the Department Head prior to the expiration of the time limit specified in subsection A., above. G. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. H. Automatic resignations resignation shall not be considered a discharge under the provisions of Article IX,

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, authorization for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absenceresignation. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from When the Department Head prior to the expiration of the time limit specified in A., above. C. When County believes an employee has been absent without authorization and the County plans to invoke the provisions of 8.A.9.A., above, the County shall send written notice by certified mail to the employee's last known address at least ten (10) calendar days prior to accepting and entering implementing an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the County's intention to accept and enter implement the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the automatic resignation shall be implemented. C. An automatic resignation shall not be implemented if the employee has waived any right responds to appeal the notice before the effective date and 1) it was physically impossible for the employee to contact his or her Department; or 2) the employee can show that it would be arbitrary, capricious or discriminatory to implement the automatic resignation. D. An automatic resignation employee who responds prior to the effective date of the proposed action shall not be accepted and entered if the employee 1) responds sent written notice of any action taken pursuant to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her positionintent. E. An employee who is permitted to continue his or her employment pursuant to C. subsection B. and/or D.C., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use sick of healthcare leave, compensatory time, vacation, annual leave or other paid leave to cover the absenceabsences is appropriate. F. If an employee does not have authorization to be absent from work, such employee may request authorization from the Department Head prior to the expiration of the time limit specified in subsection A., above. G. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. H. Automatic resignations resignation shall not be considered a discharge under the provisions of Article IX,

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Absence Without Authorization. A. Absence X. Xxxxxxx without authorization, whether voluntary or involuntary, for three (3) consecutive working days for staff employees or two (2) consecutive duty shifts for shift employees, shall be considered an automatic resignation from County Authority employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absence. B. If an employee does not have prior authorization to be absent from work, such employee he/she may request specific authorization from the Department Head Fire Chief prior to the expiration of the time limit specified in A., aboveSection 9.A of this Article. C. When an employee has been absent without authorization and the County Authority plans to invoke the provisions of 8.A., aboveSection 9.A of this Article, at least ten (10) calendar days prior to accepting and entering an automatic resignation, the County Authority shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the CountyAuthority's intention to accept and enter the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions provisions, which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the employee has waived any right to appeal the automatic resignation. D. An automatic resignation shall not be accepted and entered if the employee: (1) responds to the notice before the effective date, ; (2) provides an explanation satisfactory to the Department Authority as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, leave and submits any pertinent documentation to substantiate such reasons, ; and (3) is found by the Department Authority to be ready, able, and willing to resume the full duties of his or his/her position. E. An employee who is permitted to continue his or his/her employment pursuant to C. Section 9.C and/or D., above9.D of this Article, shall not be paid for the period of his or his/her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department Authority determines it is appropriate to use sick leaveSick Leave, compensatory time, vacation, or other paid leave Leave to cover the absence. F. Notwithstanding any other provision of this Section, the County Authority may rescind an automatic resignation. G. Automatic resignations shall not be considered a discharge under the provisions of Article IX,VIII, DISCIPLINARY AND PRE DISCIPLINARY ACTIONS.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, authorization for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absenceresignation. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from When the Department Head prior to the expiration of the time limit specified in A., above. C. When Superior Court believes an employee has been absent without authorization and the County Superior Court plans to invoke the provisions of 8.A., above, the Superior Court shall send written notice by certified mail to the employee's last known address at least ten (10) calendar days prior to accepting and entering implementing an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a statement of the CountySuperior Court's intention to accept and enter implement the employee's automatic resignation and its effective date; 2. a statement of the reasons for considering the employee to have automatically resigned; 3. a statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a statement of the employee's right to representation; 5. a copy of the automatic resignation provisions which apply to the employee; 6. a statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the automatic resignation shall be implemented. C. An automatic resignation shall not be implemented if the employee has waived any right responds to appeal the notice before the effective date and 1) it was physically impossible for the employee to contact the Superior Court; or 2) the employee can show that it would be arbitrary, capricious or discriminatory to implement the automatic resignation. D. An automatic resignation employee who responds prior to the effective date of the proposed action shall not be accepted and entered if the employee 1) responds sent written notice of any action taken pursuant to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her positionintent. E. An employee who is permitted to continue his or her employment pursuant to C. B. and/or D.C., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use of sick leave, compensatory time, vacation, vacation or other paid leave to cover the absenceabsences is appropriate. F. If an employee does not have authorization to be absent from work, such employee may request authorization from the Superior Court prior to the expiration of the time limit specified in A., above. G. Notwithstanding any other provision of this Section, the County Superior Court may rescind an automatic resignation. G. H. Automatic resignations resignation shall not be considered a discharge under the provisions of Article IXVIII,

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absence. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from the Department Head prior to the expiration of the time limit specified in A., above. C. When an employee has been absent without authorization and the County plans to invoke the provisions of 8.A.9.A., above, at least ten (10) calendar days prior to accepting and entering an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a statement of the County's intention to accept and enter the employee's automatic resignation resignation, the date the County plans to take this action and its effective datedate as determined by X., above; 2. a statement of the reasons for considering the employee to have automatically resigned; 3. a statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed actionthe County plans to accept and enter the automatic resignation; 4. a statement of the employee's right to representation; 5. a copy of the automatic resignation provisions which apply to the employee; 6. a statement that if the employee fails to respond to the written notice before the effective date of the County plans to accept and enter the automatic resignation, the employee has waived any right to appeal the automatic resignation. D. An automatic resignation shall not be accepted and entered if the employee : 1) responds to the notice before the effective date, date the County plans to accept and enter the automatic resignation; 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and absence, the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, ; and 3) is found by the Department to be ready, able, able and willing to resume the full duties of his or her position. E. An employee who is permitted to continue his or her employment pursuant to C. and/or D., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use sick leave, compensatory time, vacation, annual leave or other paid leave to cover the absence. F. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. Automatic resignations shall not be considered a discharge under the provisions of Article IX,

Appears in 1 contract

Samples: Memorandum of Understanding

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, authorization for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absenceresignation. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from When the Department Head prior to the expiration of the time limit specified in A., above. C. When County believes an employee has been absent without authorization and the County plans to invoke the provisions of 8.A.9.A., above, the County shall send written notice by certified mail to the employee's last known address at least ten (10) calendar days prior to accepting and entering implementing an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the County's intention to accept and enter implement the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the automatic resignation shall be implemented. C. An automatic resignation shall not be implemented if the employee has waived any right responds to appeal the notice before the effective date and 1) it was physically impossible for the employee to contact his or her Department; or 2) the employee can show that it would be arbitrary, capricious or discriminatory to implement the automatic resignation. D. An automatic resignation employee who responds prior to the effective date of the proposed action shall not be accepted and entered if the employee 1) responds sent written notice of any action taken pursuant to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her positionintent. E. An employee who is permitted to continue his or her employment pursuant to C. subsection B. and/or D.C., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use of sick leave, compensatory time, vacation, annual leave or other paid leave to cover the absenceabsences is appropriate. F. If an employee does not have authorization to be absent from work, such employee may request authorization from the Department Head prior to the expiration of the time limit specified in subsection A., above. G. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. H. Automatic resignations resignation shall not be considered a discharge under the provisions of Article IX,

Appears in 1 contract

Samples: Memorandum of Understanding

Absence Without Authorization. A. Absence without authorization, whether voluntary or involuntary, authorization for three (3) consecutive working days shall be considered an automatic resignation from County employment as of the last date on which the employee worked or the last date the employee was to return to work from an authorized absenceresignation. B. If an employee does not have prior authorization to be absent from work, such employee may request specific authorization from When the Department Head prior to the expiration of the time limit specified in A., above. C. When County believes an employee has been absent without authorization and the County plans to invoke the provisions of 8.A.9.A., above, the County shall send written notice by certified mail to the employee's last known address at least ten (10) calendar days prior to accepting and entering implementing an automatic resignation, the County shall send written notice to the employee's last known address by certified mail with return receipt requested, and shall deposit such notice in the United States mail with postage fully prepaid. Notice is complete upon mailing. Such written notice shall contain: 1. a A statement of the County's intention to accept and enter implement the employee's automatic resignation and its effective date; 2. a A statement of the reasons for considering the employee to have automatically resigned; 3. a A statement of the employee's right to respond, either orally or in writing, prior to the effective date of such proposed action; 4. a A statement of the employee's right to representation; 5. a A copy of the automatic resignation provisions which apply to the employee; 6. a A statement that if the employee fails to respond to the written notice before the effective date of the automatic resignation, the automatic resignation shall be implemented. C. An automatic resignation shall not be implemented if the employee has waived any right responds to appeal the notice before the effective date and 1) it was physically impossible for the employee to contact his or her Department; or 2) the employee can show that it would be arbitrary, capricious or discriminatory to implement the automatic resignation. D. An automatic resignation employee who responds prior to the effective date of the proposed action shall not be accepted and entered if the employee 1) responds sent written notice of any action taken pursuant to the notice before the effective date, 2) provides an explanation satisfactory to the Department as to the cause of the unauthorized absence and the reasons for failing to obtain an authorized leave, and submits any pertinent documentation to substantiate such reasons, and 3) is found by the Department to be ready, able, and willing to resume the full duties of his or her positionintent. E. An employee who is permitted to continue his or her employment pursuant to C. subsection B. and/or D.C., above, shall not be paid for the period of his or her unauthorized absence and shall be treated as if on a Leave of Absence for purposes of continuity of employment and other appropriate benefits, unless the Department determines it is appropriate to use sick of healthcaresick leave, compensatory time, vacation, annual leave or other paid leave to cover the absenceabsences is appropriate. F. If an employee does not have authorization to be absent from work, such employee may request authorization from the Department Head prior to the expiration of the time limit specified in subsection A., above. G. Notwithstanding any other provision of this Section, the County may rescind an automatic resignation. G. H. Automatic resignations resignation shall not be considered a discharge under the provisions of Article IX,

Appears in 1 contract

Samples: Memorandum of Understanding

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