Leave of Absence Prior to Testing. 1. An employee shall be permitted to take leave of absence in accordance with the FMLA or applicable State leave laws for the purpose of undergoing treatment pursuant to an approved program of alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action.
Leave of Absence Prior to Testing. An employee may be permitted to take a leave of absence to participate in an approved treatment program for alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. An employee requesting such a leave of absence must use any paid benefit time prior to using unpaid leave and must comply with any requirements of FMLA. Employees requesting to return to work from a leave of absence for drug or alcohol treatment may be required to submit to tests without prior notice if the City has reasonable belief based upon objective evidence that testing is necessary to address safety concerns in the workplace during the six months following the employees return to work. A positive test result or a refusal to submit to testing will subject the employee to discharge.
Leave of Absence Prior to Testing. An employee shall be permitted to take leave of absence in accordance with the FMLA or applicable State leave laws for the purpose of undergoing treatment pursuant to an approved program of alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. This provision does not alter or amend the disciplinary provision (Article 35, Section 4 L) of this Section. Before returning to work from a voluntary leave of absence, the employee must have completed any recommended treatment and taken a return to duty test, with a result of less than 0.02% BAC, and further be subject to six (6) unannounced follow-up alcohol tests in the first twelve (12) months following the employee’s return to duty. The Supplemental Agreements shall address the issue of an extra-board driver who, while at his home terminal, has consumed alcohol, is then called for dispatch and requests additional time off. Requesting time off under this provision shall not be used as a subterfuge to avoid taking a random alcohol (and/or drug) test.
Leave of Absence Prior to Testing. An employee may be permitted to take a leave of absence to participate in an approved treatment program for alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. An employee requesting such a leave of absence must use any paid benefit time prior to using unpaid leave and must comply with any requirements of FMLA. Employees requesting to return to work from a leave of absence for drug or alcohol treatment shall be required to submit to three tests without prior notice: • Two (2) tests to occur within six (6) months of the employee’s return to employment. • One (1) test to occur within 6 – 12 months after the employee’s return to employment. A positive test result or a refusal to submit to testing will subject the employee to discharge.
Leave of Absence Prior to Testing. An employee shall be permitted to take a leave of absence for the purpose of undergoing treatment pursuant to an approved program of alcoholism or drug use. The leave of absence must be requested prior to a positive test result or the commission of any act subject to disciplinary action. Such leave of absence shall be granted on a one-time basis and shall be for a maximum of sixty (60) days unless extended by mutual agreement. While on such leave, the employee shall not receive any of the benefits provided by this Agreement or Supplements thereto except continued accrual of seniority, nor does this provision amend or alter the disciplinary provision. Employees requesting to return to work from a leave of absence for drug use or alcoholism shall be required to submit to testing as provided for in Part (E) of this Section. Failure to do so will subject the employee to discipline including discharge without the receipt of a prior warning letter. The above provisions shall not apply to probationary employees.
Leave of Absence Prior to Testing. An employee shall be permitted to take leave of absence in accordance with the FMLA, State or applicable Village leave laws for the purpose of undergoing treatment pursuant to an approved program of alcoholism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. This provision does not alter or amend the disciplinary provision set forth in Section K. Before returning to work from a voluntary leave of absence, the employee must have completed any recommended treatment and taken a return to duty test, with a result of less than 0.02% BAC, and further be subject to six (6) unannounced follow-up alcohol tests in the first twelve (12) months following the employee's return to duty.
Leave of Absence Prior to Testing. An employee shall be permitted to take leave of absence in accordance 131
Leave of Absence Prior to Testing. An employee shall be permitted to take leave of absence in accor- dance with the FMLA or applicable State leave laws for the purpose of undergoing treatment pursuant to an approved program of alco- holism or drug use. The leave of absence must be requested prior to the commission of any act subject to disciplinary action. This pro- vision does not alter or amend the disciplinary provision (Article 35, Section 4 L) of this Section. Before returning to work from a voluntary leave of absence, the employee must have completed any recommended treatment and taken a return to duty test, with a result of less than 0.02% BAC, and further be subject to six (6) unannounced follow-up alcohol tests in the first twelve (12) months following the employee’s re- turn to duty. The Supplemental Agreements shall address the issue of an extra board driver who, while at his home terminal, has consumed alco- hol, is then called for dispatch and requests additional time off. Requesting time off under this provision shall not be used as a sub- terfuge to avoid taking a random alcohol (and/or drug) test. Article 35, Section 4 L. Disciplinary Action Based on Positive Test Results 1. First Positive Test 0.02% BAC-0.039% BAC Out of Service for 24 hours 0.04% BAC-Less than State DWI/DUI Limit Out of Service for the length of time determined by the SAP with a minimum of twenty-four (24) hours State DWI/DUI Limit and Above Subject to discharge 2. Second Positive Test 0.02% BAC-0.039% BAC Out of Service for a five (5) calendar day suspension 0.04% BAC-Less than State DWI/DUI Limit Out of Service for the length of time determined by the SAP with a minimum of a twenty (20) calendar day suspension State DWI/DUI Limit and Above Subject to discharge 3. Third Positive Test 0.02% BAC-0.039% BAC Out of Service for a fifteen (15) calendar day suspension 0.04% BAC-Less than State DWI/DUI Limit Out of Service for the length of time determined by the SAP with a minimum of a thirty (30) calendar day suspension State DWI/DUI Limit and Above Subject to discharge 4. Fourth Positive Test 0.02% BAC-0.039% BAC Subject to discharge 0.04% BAC-Less than State DWI/DUI Limit Subject to discharge State DWI/DUI Limit and Above Subject to discharge
