Common use of Job Restoration Clause in Contracts

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-highly- paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: •  notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; •  notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; •  offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and •  make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: •  medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; •  second or third medical opinions (at the employer's expense) and periodic recertification; and •  periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: •  notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; •  notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; •  offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and •  make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: •  medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; •  second or third medical opinions (at the employer's expense) and periodic recertification; and •  periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-highly- paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: •  notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; •  notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; •  offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and •  make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: •  medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; •  second or third medical opinions (at the employer's expense) and periodic recertification; and •  periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's ’s use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day written advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.. ATTACHMENT/ADDENDUM A7 Wage Schedule 7/1/2021 LEVEL Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 2 Junior Library Assistant $13.94 $14.37 $14.80 $15.24 $15.70 $16.16 $16.65 $17.49 Accounting Clerk 3 Senior Clerk $16.47 $16.97 $17.48 $18.00 $18.54 $19.10 $19.68 $20.67 Senior Accounting Clerk Senior Assessing Clerk Senior Library Assistant Meal Site Manager 4 Principal Accounting Clerk $19.00 $19.57 $20.18 $20.77 $21.40 $22.05 $22.70 $23.84 Principal Clerk Principal Library Assistant Principal Assessing Clerk 5 Administrative Assistant $20.28 $20.90 $21.52 $22.17 $22.84 $23.51 $24.23 $25.45 Administrative Assessing Assistant Assistant Town Clerk Assistant to the Sewer Business Mgr Head Accounting Clerk Head Clerk 6 Assistant Treasurer $21.54 $22.20 $22.86 $23.56 $24.27 $24.97 $25.73 $27.03 Assistant Collector Assistant Assessor Assistant Town Accountant Staff Librarian 7 Public Safety Desk Officer $22.83 $23.50 $24.21 $24.93 $25.67 $26.45 $27.22 $28.62 Technical Support 8 Public Safety Coordinator $24.09 $24.83 $25.55 $26.35 $27.11 $27.95 $28.76 $29.64 DPW Executive Assistant 9 Conservation Administrator $24.76 $25.48 $26.24 $27.04 $27.84 $28.68 $29.56 $31.02 7 Arithmetic subject to verification by the Town and the Union. 7/1/2022 LEVEL Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 2 Junior Library Assistant $14.22 $14.66 $15.10 $15.54 $16.01 $16.48 $16.98 $17.84 Accounting Clerk 3 Senior Clerk $16.80 $17.31 $17.83 $18.36 $18.91 $19.48 $20.07 $21.08 Senior Accounting Clerk Senior Assessing Clerk Senior Library Assistant Meal Site Manager 4 Principal Accounting Clerk $19.38 $19.96 $20.58 $21.19 $21.83 $22.49 $23.15 $24.32 Principal Clerk Principal Library Assistant Principal Assessing Clerk 5 Administrative Assistant $20.69 $21.32 $21.95 $22.61 $23.30 $23.98 $24.71 $25.96 Administrative Assessing Assistant Assistant Town Clerk Assistant to the Sewer Business Mgr Head Accounting Clerk Head Clerk 6 Assistant Treasurer $21.97 $22.64 $23.32 $24.03 $24.76 $25.47 $26.24 $27.57 Assistant Collector Assistant Assessor Assistant Town Accountant Staff Librarian 7 Public Safety Desk Officer $23.29 $23.97 $24.69 $25.43 $26.18 $26.98 $27.76 $29.19 Technical Support 8 Public Safety Coordinator $24.57 $25.33 $26.06 $26.88 $27.65 $28.51 $29.34 $30.23 DPW Executive Assistant 9 Conservation Administrator $25.26 $25.99 $26.76 $27.58 $28.40 $29.25 $30.15 $31.64 ATTACHMENT B RECLASSIFICATION REQUEST FORM To: (Appointing Authority) (Date) I, hereby appeal my current classification title, , to the Union and Town Manager. I believe that the classification title of appropriately describes my duties and responsibilities. The general reason(s) for this appeal is (are): I submit the following information to assist in the processing of my appeal: Home Address: Tel #: Work Address: Tel #: Name and address of Union Representative (optional): My position (check one) has / has not been reviewed through the classification maintenance process. On notified my agency of the result of the review which was as follows: Sincerely, (Your Signature)

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • ● notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • ● notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • ● offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • ● make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • ● medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • ● second or third medical opinions (at the employer's expense) and periodic recertification; and • ● periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-highly- paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

Job Restoration. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must: • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and • make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site. NOTICE AND CERTIFICATION Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer's expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee's status and intent to return to work. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. Also, covered employers must inform employees of his/her their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.