Common use of Disability Leave Clause in Contracts

Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78). (2) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty days’ notice, except that if the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (3) The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee is unable to perform the essential functions of his/her position. (5) The employer may require, at its expense that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (10) If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78). (2) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty days’ notice, except that if the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (3) The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee is unable to perform the essential functions of his/her their position. (5) The employer may require, at its expense that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (10) If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78). (2) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty days’ notice, except that if the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (3) The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee is unable to perform the essential functions of his/her position. (5) The employer may require, at its expense expense, that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (10) If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her job duties because of a disability (including those related to a pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. . (FMLA2) Leave for disability due An employee is entitled to pregnancy or childbirth is in addition to a total of twelve (12) weeks under either workweeks for disability leave, parental leave, and family medical leave-serious health condition during any twelve-month period. The employer may change the twelve- month period for FMLA and/ or from the Washington State Family Leave Act current calendar year definition to a rolling twelve (RCW 49.78)12) month period and will notify the union if such a change is made, and will be in compliance with all applicable laws and regulations. (23) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty (30) days' notice, except that if the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. (34) The disability and recovery period shall be as defined and certified by the employee’s 's licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (45) Certification provided under this section shall be sufficient if it states: (a) The date on which the serious health condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee is unable to perform the essential functions of his/her position. (56) The employer may require, at its expense expense, that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (67) In any case in which the second opinion differs from the original certification, the employer may require, at its expense expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) 8) The employer may require that the employee obtain subsequent re-certifications recertifications on a reasonable basis. (8) 9) Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employeeemployee unless the leave is pursuant to FMLA. Disability leave under the FMLA, the Employer may require that employees use a portion of their accrued but unused paid leave subject to the following: (a) The Employer will not require the use of paid leave such that it would result in the employee having fewer than eighty (80) hours of accrued vacation leave or eighty (80) hours of accrued sick leave, counted separately, upon return to work. (9b) Vacation and sick leave that has been requested and approved prior to the request for the use of FMLA for disability leave will not be considered under (a) above when requiring employees to use leave during FMLA-covered disability leave. (c) Employees are encouraged to work with their supervisors to agree on a leave use rate that will consider the employee’s historical leave usages, such as the need to retain additional hours for later health leaves. (d) Employees may choose to use all of their accrued but unused paid leave during disability leave. (10) The institution shall maintain health care coverage during disability leave granted hereunder 15.3(2), in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLApublic employee's benefits board. As specified in the FMLAfederal Family and Medical Leave Act of 1993, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (1011) If necessary due to continued disability, the employee shall be allowed to use eight (8) hours of accrued paid leave per month for the duration of the leaveup to four (4) months, including the twelve (12) workweeks provided in section 13.16 of this Agreement15.3(2), to provide for continuation of benefits as provided by the PEBBpublic employee's benefits board. The employer shall designate on which day of each month the eight (8) hours paid leave will be used.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Disability Leave. (1) 13.16.1 Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78).the (2) 13.16.2 In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty (30) days’ notice, except that if the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. (3) 13.16.3 The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) 13.16.4 Certification provided under this section shall be sufficient if it states: (a) a. The date on which the condition commenced; (b) b. The probable duration of the condition; (c) c. The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) d. A statement that the employee is unable to perform the essential functions of his/her their position. (5) 13.16.5 The employer may require, at its expense that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) 13.16.6 In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) 13.16.7 The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) 13.16.8 Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) 13.16.9 The institution Employer shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution Employer may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (10) 13.16.10 If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, leave to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.

Appears in 1 contract

Samples: Employment Agreement

Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent A. An employee who is precluded from performing hisdisabled may request and may be granted an unpaid disability leave of not more than twenty-six (26) consecutive weeks. The employee must have a reasonable expectation that she/her job duties because of he will return to work based on a physician’s statement in order to request disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition leave. B. With the application for such leave, which shall specifically state the first day of the employee as provided in requested leave and the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due anticipated return to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78). (2) In any case in which the necessity for leave is foreseeable based on planned medical treatmentwork date, the employee shall provide not less than thirty days’ notice, except that if the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (3) The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate submit medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee is unable to perform the essential functions verification of his/her position. (5) disability which forms the basis for the requested leave and the anticipated duration of the disability. The employer may require, at its expense that Library reserves the employee obtain the opinion of right to require a second opinion by a health care provider designated or approved by of the employerLibrary's choice and at the expense of the Library. The health care provider shall not be employed on a regular basis by Should the employer. (6) In any case in which the second opinion differs from the original certificationopinions disagree, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly selected by the employer employee’s and Library's health care providers shall be appointed to conduct an examination and to resolve the dispute. This cost shall be paid by the employee, and the employee. The opinion of Library shall reimburse the employee for one-half (1/2) his/her actual out-of- pocket expense for the third health care provider shall be final and bindingopinion. (7) The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) C. Disability leave may be a combination shall not commence prior to the employee's exhaustion of accumulated sick leave, vacation leave, personal holiday, compensatory time, and sick leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) The institution shall maintain health care coverage during disability leave granted herebank, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not is eligible for sick leave bank, and all paid time off benefits (vacation and holiday compensatory time). However, upon prior written request to the Human Resources Manager, an employee may reserve up to forty (40) hours of his/her accrued vacation time (or pro-rated equivalent for part-time employees) for use following return from disability leave. D. Prior to returning to work from an approved disability leave, an employee must provide the Human Resources Manager with a satisfactory statement from his/her treating healthcare provider confirming the employee’s release to work and specifying any work restrictions recommended by the healthcare provider . E. If the employee, for medical reasons, is unable to return to work. work on the anticipated return date, he/she shall within three (103) If necessary due to continued disability, the employee shall be allowed to use eight hours days of accrued paid leave per month for the duration learning of the leave, including the twelve workweeks provided need to delay his/her return to work date and in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.any event not less than three

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Leave. (1) 13.16.1 Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78). (2) 13.16.2 In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty (30) days’ notice, except that if the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. (3) 13.16.3 The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer. (4) 13.16.4 Certification provided under this section shall be sufficient if it states: (a) a. The date on which the condition commenced; (b) b. The probable duration of the condition; (c) c. The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) d. A statement that the employee is unable to perform the essential functions of his/her their position. (5) 13.16.5 The employer may require, at its expense that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) 13.16.6 In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding. (7) 13.6.7 The employer may require that the employee obtain subsequent re-certifications on a reasonable basis. (8) 13.6.8 Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee. (9) 13.6.9 The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work. (10) 13.6.10 If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, leave to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.

Appears in 1 contract

Samples: Employment Agreement

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Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee nurse who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee nurse as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78)FMLA. (2) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee nurse shall provide not less than thirty (30) days' notice, except that if the treatment requires leave to begin in less than thirty days, the employee nurse shall provide such notice as is practicable.. DocuSign Envelope ID: 30769EA9-B007·45A2·9332·2628A4FA8BAE (3) The disability and recovery period shall be as defined and certified by the employee’s nurse's licensed health care provider. The employee nurse shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee nurse is unable to perform the essential functions of his/her their position. (5) The employer may require, at its expense that the employee nurse obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee nurse obtain the opinion of a third health care provider designated or approved jointly by the employer and the employeenurse. The opinion of the third health care provider shall be final and binding. (7) The employer may require that the employee nurse obtain subsequent re-certifications on a reasonable basis. (8) Disability leave may be a combination of sick leavetime off, vacation leavetime off, personal holiday, holiday credit, compensatory time, and leave of absence without pay unpaid time off and shall be granted at the written request of the employeenurse. The combination and use of paid and unpaid leave time off during a disability leave shall be per the choice of the employeenurse. (9) The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s 's Benefits Board (PEBB) ), FMLA, and FMLAPFML. As specified in the FMLAFMLA and PFML, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee nurse does not return to work. (10) If necessary due to continued disability, the employee nurse shall be allowed to use eight (8) hours of accrued paid leave time off per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight (8) hours paid leave time off will be used.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Leave. (1) Disability leave shall be granted for a reasonable period to a permanent employee nurse who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee nurse as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78)FMLA. (2) In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee nurse shall provide not less than thirty (30) days’ notice, except that if the treatment requires leave to begin in less than thirty days, the employee nurse shall provide such notice as is practicable. (3) The disability and recovery period shall be as defined and certified by the employeenurse’s licensed health care provider. The employee nurse shall provide, in a timely manner, a copy of such certification to the employer. (4) Certification provided under this section shall be sufficient if it states: (a) The date on which the condition commenced; (b) The probable duration of the condition; (c) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) A statement that the employee nurse is unable to perform the essential functions of his/her their position. (5) The employer may require, at its expense that the employee nurse obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer. (6) In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee nurse obtain the opinion of a third health care provider designated or approved jointly by the employer and the employeenurse. The opinion of the third health care provider shall be final and binding. (7) The employer may require that the employee nurse obtain subsequent re-certifications on a reasonable basis. (8) Disability leave may be a combination of sick leavetime off, vacation leavetime off, personal holiday, holiday credit, compensatory time, and leave of absence without pay unpaid time off and shall be granted at the written request of the employeenurse. The combination and use of paid and unpaid leave time off during a disability leave shall be per the choice of the employeenurse. (9) The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) ), FMLA, and FMLAPFML. As specified in the FMLAFMLA and PFML, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee nurse does not return to work. (10) If necessary due to continued disability, the employee nurse shall be allowed to use eight (8) hours of accrued paid leave time off per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight (8) hours paid leave time off will be used.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Leave. (1) ‌ 13.16.1 Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her their job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993. (FMLA) Leave for disability due to pregnancy or childbirth is in addition to twelve (12) weeks under either the FMLA and/ or the Washington State Family Leave Act (RCW 49.78).49.78).‌ (2) 13.16.2 In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty (30) days’ notice, except that if the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable.practicable.‌ (3) 13.16.3 The disability and recovery period shall be as defined and certified by the employee’s licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer.employer.‌ (4) 13.16.4 Certification provided under this section shall be sufficient if it states:states:‌ (a) a. The date on which the condition commenced; (b) b. The probable duration of the condition; (c) c. The appropriate medical facts within the knowledge of the health care provider regarding the condition; (d) d. A statement that the employee is unable to perform the essential functions of his/her their position. (5) 13.16.5 The employer may require, at its expense that the employee obtain the opinion of a second health care provider designated or approved by the employer. The health care provider shall not be employed on a regular basis by the employer.employer.‌ (6) 13.16.6 In any case in which the second opinion differs from the original certification, the employer may require, at its expense that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be final and binding.binding.‌ (7) 13.6.7 The employer may require that the employee obtain subsequent re-certifications on a reasonable basis.basis.‌ (8) 13.6.8 Disability leave may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee.employee.‌ (9) 13.6.9 The institution shall maintain health care coverage during disability leave granted here, in accordance with the requirements of the Public Employee’s Benefits Board (PEBB) and FMLA. As specified in the FMLA, the institution may recover the premium for maintaining coverage during the period of unpaid disability leave if the employee does not return to work.work.‌ (10) 13.6.10 If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for the duration of the leave, including the twelve workweeks provided in section 13.16 of this Agreement, leave to provide for continuation of benefits as provided by the PEBB. The employer shall designate on which day of each month the eight hours paid leave will be used.used.‌

Appears in 1 contract

Samples: Employment Agreement

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