Common use of General Leave Provisions Clause in Contracts

General Leave Provisions. 1. All reasons for leave of absence shall be in writing, stating the reason for the request and the approximate length of leave requested with a copy of the request to be maintained by the Board. If leave is taken under this Article, the Board shall notify the Union of the identity of the bargaining unit member taking the leave but shall not be required to disclose confidential information pertaining to the leave (e.g. medical information) to the Union without the consent of the bargaining unit member. 2. An employee who meets all of the requirements as specified in this Article shall be granted a leave of absence (with the exception of child care leaves or other discretionary leaves) without pay and benefits. Other leaves of absence(s) may be granted at the discretion of the Board for reasons other than those listed above when they are deemed beneficial to the employee and the Board. 3. Return from any leave of absence not covered by law shall be in accordance with the following: (a) An employee who is on leave for six (6) months or less shall be entitled to resume his/her regular seniority status and all job and recall rights. (b) An employee who is on a leave of more than six (6) months (to a maximum of two [2] years) must inform the Board, in writing, sixty (60) calendar days prior to the date of return, and he/she will be given the opportunity to return to the first open position for which he/she possesses seniority and for which he/she is qualified. (1) A position will be considered “open” after it has been posted as per the terms of Article 10 of this Agreement. (2) An employee who has informed the Board of his/her intent to return from leave shall have the right to bid on open positions which have been posted under the provisions of Article 10 of this Agreement. 4. The Employer has the right to receive medical certification from the employee’s health care provider regarding the necessity for personal illness/disability leave taken under this Article. The employee will facilitate and cooperate in the furnishing of such information, which shall include the information that may permissibly be requested under Form WH 380-E (or its successor form) as developed by the United States Department of Labor to implement the Family and Medical Leave Act. The Employer has the right to require that a second medical opinion (at Employer expense) be obtained. If that opinion differs from that of the employee’s health provider, the employee and Employer (in consultation with the Union, if requested by the employee) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Employer, the employee and the Union. The cost of this examination shall be paid by the Employer. The Employer shall have the right to require the medical certification of the employee’s fitness to return to duty at the expiration of the leave period, including the securing of a second medical opinion (at Employer expense).

Appears in 4 contracts

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

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General Leave Provisions. 1. All Employees on leave for health reasons must either return, resign or request special extension for a maximum of up to one (1) additional year. When an employee's health permits his/her return, he/she shall make his/her request known in writing to the Superintendent and will submit a statement from a physician of the employee's fitness for work. In the event there is a question of the employee's fitness to return to work, the Board has the right to request an examination at Board expense. 2. Requests for an unpaid leave of absence shall be in writing, stating include the reason for the request and the approximate length of leave requested together with a copy an identification of the request to be maintained by the Board. If leave is taken under this Article, the Board shall notify the Union beginning and ending dates of the identity of the bargaining unit member taking the leave but shall not be required to disclose confidential information pertaining to the leave (e.g. medical information) to the Union without the consent of the bargaining unit member. 2. An employee who meets all of the requirements as specified in this Article shall be granted a leave of absence (with the exception of child care leaves or other discretionary leaves) without pay and benefits. Other leaves of absence(s) may be granted at the discretion of the Board for reasons other than those listed above when they are deemed beneficial to the employee and the Boardsaid leave. 3. Return An employee returning from any an unpaid leave of absence not covered by law shall be in accordance with the following: (a) An employee who is on leave for six (6) months or less shall be entitled to resume his/her regular seniority status and all job and recall rights. (b) An employee who is on a leave of more than six (6) months (to a maximum of two [2] years) must inform the Board, in writing, sixty (60) calendar days prior or less shall be required to notify the date of returnSuperintendent in writing, and he/she will be given the opportunity to return to the first open position for which he/she possesses seniority and for which he/she is qualified. (1) A position will be considered “open” after it has been posted as per the terms of Article 10 of this Agreement. (2) An employee who has informed the Board of his/her intent to return from leave shall have at least five (5) working days prior to the right to bid on open positions which have been posted under the provisions date of Article 10 of this Agreementhis/her return. 4. The Employer has Employees wishing to return from an unpaid leave of absence of more than sixty (60) calendar days shall be required to notify the right Superintendent in writing at least twenty (20) working days prior to receive medical certification from the employee’s health care provider regarding the necessity for personal illnessdate of their return. An employee who is requesting an extension of his/disability her leave taken under this Articleor who is submitting his/her resignation must do so in writing, at least twenty (20) working days prior to his/her date of return. The employee will facilitate and cooperate in be considered as terminating his/her employment with the furnishing Board, if the above procedure is not followed. 5. An employee returning from an unpaid approved leave of such informationabsence within three (3) months, which shall include be reinstated to his/her position if available, or to the information that may permissibly be requested under Form WH 380-E (or its successor form) as developed next available position comparable to the one vacated by the United States Department employee. 6. Any employee absent because of Labor an extended or serious illness of three (3) days or more may be required, and will be required with five (5) days or more, to implement present to the Family and Medical Leave Act. The Employer has the right Business Office, prior to require returning to service, a statement from a doctor indicating that a second medical opinion (at Employer expense) be obtainedhis/her health is satisfactory to resume normal duties. If that opinion differs from that the district is in doubt, the employee may be sent to another doctor of the district's choice for further examination at the expense of the district. 7. All leaves are considered as time off for the reasons stated and necessary for the protection of the employee’s health provider, . Any employee who willfully violates or misuses the employee and Employer (in consultation with leave provision or who misrepresents shall forfeit all pay for the Union, if requested by the employee) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Employer, the employee and the Unionstated period. The cost of this examination shall be paid by the Employer. The Employer shall have the right to require the medical certification of the employee’s fitness to return to duty at the expiration Violations of the leave periodprovision may constitute grounds for discipline, up to and including the securing of a second medical opinion (at Employer expense)dismissal.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Leave Provisions. 1. All reasons for leave of absence shall be in writing, stating the reason for the request and the approximate length of leave requested with a copy of the request to be maintained by the Board. If leave is taken under this Article, the Board shall notify the Union of the identity of the bargaining unit member taking the leave but shall not be required to disclose confidential information pertaining to the leave (e.g. medical information) to the Union without the consent of the bargaining unit member. 2. An employee who meets all of the requirements as specified in this Article shall be granted a leave of absence (with the exception of child care leaves or other discretionary leaves) without pay and benefits. Other leaves of absence(s) may be granted at the discretion of the Board for reasons other than those listed above when they are deemed beneficial to the employee and the Board. The Superintendent may grant a leave of sixty (60) days or less. 3. Return from any leave of absence not covered by law shall be in accordance with the following: (a) An employee who is on leave for six (6) months or less shall be entitled to resume his/her regular seniority status and all job and recall rights. (b) An employee who is on a leave of more than six (6) months (to a maximum of two [2] years) must inform the Board, in writing, sixty (60) calendar days prior to the date of return, and he/she will be given the opportunity to return to the first open position for which he/she possesses seniority and for which he/she is qualified. (1) A position will be considered “open” after it has been posted as per the terms of Article 10 of this Agreement. (2) An employee who has informed the Board of his/her intent to return from leave shall have the right to bid on open positions which have been posted under the provisions of Article 10 of this Agreement. 4. The Employer has the right to receive medical certification from the employee’s health care provider regarding the necessity for personal illness/disability leave taken under this Article. The employee will facilitate and cooperate in the furnishing of such information, which shall include the information that may permissibly be requested under Form WH 380-E (or its successor form) as developed by the United States Department of Labor to implement the Family and Medical Leave Act. The Employer has the right to require that a second medical opinion (at Employer expense) be obtained. If that opinion differs from that of the employee’s health provider, the employee and Employer (in consultation with the Union, if requested by the employee) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Employer, the employee and the Union. The cost of this examination shall be paid by the Employer. The Employer shall have the right to require the medical certification of the employee’s fitness to return to duty at the expiration of the leave period, including the securing of a second medical opinion (at Employer expense).

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Leave Provisions. 1. All reasons for leave of absence shall be in writing, stating the reason for the request and the approximate length of leave requested with a copy of the request to be maintained by the Board. If leave is taken under this Article, the Board shall notify the Union of the identity of the bargaining unit member taking the leave but shall not be required to disclose confidential information pertaining to the leave (e.g. medical information) to the Union without the consent of the bargaining unit member. 2. An employee who meets all of the requirements as specified in this Article shall be granted a leave of absence without pay and benefits (with the exception of child care leaves or other discretionary leaves) without pay and benefits). Other leaves of absence(s) may be granted at the discretion of the Board for reasons other than those listed above when they are deemed beneficial to the employee and the Board. 3. Return from any leave of absence not covered by law shall be in accordance with the following: (a) An employee who is on leave for six (6) months or less shall be entitled to resume his/her regular seniority status and all job and recall rights. (b) An employee who is on a leave of more than six (6) months (to months(to a maximum of two [2] years) must inform the Board, in writing, sixty (60) calendar days prior to the date of return, and he/she will be given the opportunity to return to the first open position for which he/she possesses seniority and for which he/she is qualified. (1) A position will be considered "open" after it has been posted as per the terms of Article 10 of this Agreement. (2) An employee who has informed the Board of his/her intent to return from leave shall have the right to bid on open positions which have been posted under the provisions of Article 10 of this Agreement. 4. The Employer has the right to receive medical certification certitication from the employee’s 's health care provider regarding the necessity for personal illness/disability leave taken under this Article. The employee will facilitate and cooperate in the furnishing of such information, which shall include the information that may permissibly be requested under Form WH 380-E WH-380 (or its successor form) as developed by the United States Department of Labor to implement the Family and Medical Leave Act. The Employer has the right to require that a second medical opinion (at Employer expense) be obtained. If that opinion differs from that of the employee’s 's health provider, the employee and Employer (in consultation with the Union, if requested by the employee) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Employer, the employee and the Union. The cost of this examination shall be paid by the Employer. The Employer shall have the right to require the medical certification of the employee’s 's fitness to return to duty at the expiration of the leave period, including the securing of a second medical opinion (at Employer expense).

Appears in 1 contract

Samples: Labor Agreement

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General Leave Provisions. 1. All reasons for leave of absence requests shall be in writing, stating the reason for the request and the approximate length of leave requested with a copy of the request to be maintained by the Boardleave. If leave is taken granted under this Article, the Board shall notify the Union of the unit employee’s identity of the bargaining unit member taking the leave but shall not be required to disclose confidential information pertaining to the leave (e.g. e.g., medical information) to the Union without the consent of the bargaining unit memberemployee’s consent. 2. An employee who meets all of the requirements as specified in this Article shall be granted a leave of absence (with the exception of child care leaves except for childcare leave or other discretionary leavesleave) without pay and benefits. Other leaves of absence(s) absence may be granted at the Board’s sole discretion of the Board for reasons other than those listed above when they are if deemed beneficial to the employee and the Board. The Superintendent may grant a leave of sixty (60) days or less. 3. Return from any leave of absence not covered by law shall be in accordance with the following: (a) A. An employee who is on leave for six (6) months or less shall be is entitled to resume his/her regular seniority status and all job and recall rightsrights upon return from leave. (b) B. An employee who is on a leave of more than six (6) months (to a maximum of two [(2] years) years must inform the Board, in writing, sixty (60) calendar days prior to before the return date of return, and he/she will be given receive the opportunity to return to the first open position for which he/she the employee is qualified and possesses seniority and for which he/she is qualifiedseniority. (1) i. A position will be is considered “open” after it has been posted as per the terms of Article 10 of this Agreement9. (2) ii. An employee who has informed the Board of his/her the intent to return from leave shall have has the right to bid on open positions which have been position(s) posted under the provisions of Article 10 of this Agreement9. 4. The Employer has the right to receive medical certification from the employee’s health care provider regarding about the necessity for any personal illness/disability leave taken under this Article. The employee will facilitate and cooperate in the furnishing of such information, which shall include the information that may permissibly be requested under Form WH 380-E (or its successor formsuccessor) as developed by the United States Department of Labor to implement the Family and Medical Leave Act. The Employer has the right to require that a second medical opinion (at Employer expense) be obtained). If that opinion differs from that of the employee’s health care provider, the employee and Employer (in consultation with the Union, if requested by the employee) shall mutually designate a third health care provider whose opinion relative to about leave eligibility or initial fitness to return to work shall be is considered final and binding on the Employer, the employee employee, and the Union. The cost of this examination shall be paid by the Employer. The Employer shall have has the right to require the medical certification of the employee’s fitness to return to duty at the expiration of the leave period, including the securing of a second medical opinion (at Employer expense).

Appears in 1 contract

Samples: Master Agreement

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