Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years. Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer. Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences. Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years. a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six month
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 30 (1. Employees ) Bargaining unit employees in the classified and exempt service may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a 31 leave of absence without pay at upon request during the sole discretion first six (6) months 32 following the birth or adoption of a child, not to exceed six (6) months. Such 1 leave shall not be unreasonably denied. In the event that a medical disability 2 leave was granted immediately prior to the request for a leave without pay due 3 to parenting, the total combined leaves, including the disability leave, shall not 4 exceed six (6) months.
5 (2) Leaves of absence without pay not exceeding 30 calendar days shall be granted 6 for any good reason to any bargaining unit employee upon request with the 7 approval of the Employer employee's department head or appointing authority after said 8 employee has exhausted all of his/her accrued time (i.e. compensatory, 9 holiday, vacation and sick leave for educational purposesmedical leaves of absence). Such leave 10 shall not be unreasonably denied. Employees shall return to their former 11 classification upon return from such leave.
12 (3) Leaves of absence without pay in excess of 30 days may be granted in the 13 same manner and for the same reason set forth in Rule VIII, Section 2, of the 14 Rules of the Civil Service Commission. Such leave shall not exceed one be unreasonably
16 (14) year and Employees returning from an approved leave of absence without pay for six 17 months or less shall not be granted more than once every four years.
a. return to their former classification from which the leave 18 was granted. After completing twelve (12) an approved leave of absence without pay of 6 months of serviceor 19 more, permanent employees shall be grantedreturned to their former classification if a vacant 20 position authorized to be filled exists. If not, upon written requestthe County will make every 21 reasonable effort to place such employee in another vacant position authorized 22 to be filled within the same classification in the County service. If no such 23 vacancy exists, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours shall be placed on the reinstatement list for that 24 classification.
25 (5) Failure to return from leave of actual work time within absence upon the twelve (12) months preceding the commencement expiration of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, such leave shall 26 be granted for less than two (2) consecutive weeks. The requestconsidered a resignation in absentia, which and shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis terminate any and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthall rights to 27 reinstatement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at (a) Family & Medical Leave Act (FMLA) In compliance with the sole discretion Family and Medical Leave Act of the Employer for any reason for a period not 1993, eligible employees are entitled to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks 12 workweeks of unpaid leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4for certain family and medical reasons during a 12 month period. After completing Eligible employees are those who have been employed by the City for one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has have worked for at least 1250 1,250 hours of actual work time within the twelve (12) months immediately preceding the commencement of the leave (900 hours requested. The employee must not have used all available FMLA leave in the 12 months preceding the date on which the requested leave will begin. FMLA leave may be taken for permanent part-time employees)any one or a combination of the following: to care for the employee’s child after birth; the placement of a child with the employee for adoption or xxxxxx care; to care for the employee’s spouse, son, daughter or parent who has a serious health condition; for the employee’s own serious health condition which makes the employee unable to perform one or more of the essential functions of the employee’s job; and/or for qualified exigencies for an employee’s spouse, son, daughter or parent who is a member of the Armed Forces on active duty or who is called to active duty in support of a contingency operation, as that term is defined by statute. Leave may be taken for birth or placement of a child only within 12 months of that birth or placement. An eligible husband and wife who are both employed by the City who wish to take leave for the birth of a son or daughter, for the placement of a child with them for adoption or xxxxxx care or to care for a parent with a serious health condition, are limited to combined total of 12 workweeks during any 12 month period. If the illness leave is requested because of a serious health condition of the employee’s son or daughter, of the employee him/herself, or of the employee’s spouse, each spouse is entitled to 12 workweeks of leave. In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember (a current member of the Armed Forces who is undergoing medical treatment, recuperation or therapy or is in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness), is entitled to take up to 26 workweeks of unpaid leave during a single 12 month period to care for the servicemember with the serious injury or illness. An eligible husband and wife who both work for the City will be limited to a combined total of 26 workweeks for the above-referenced military caregiver leave during any 12 month period. After all paid leave is exhausted, the City will provide enough unpaid leave to total 12 weeks. This leave is not automatic. It must be applied for on the form provided by the Human Resources Department. A request for leave due to a serious health condition as defined of the employee or the employee’s spouse, son, daughter or parent must be supported by a medical certification on the form provided by the Family Human Resources Department, which form must be completed by the health care provider of the employee’s spouse, son, daughter or parent within 15 calendar days of the request. FMLA leave may be delayed or denied until the required certification is provided. FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Leave in connection with birth, adoption or xxxxxx placement of a son or daughter may not be taken intermittently unless the Department Head/Director and Medical Leave Actthe Human Resources Director agree to such an arrangement. However, the employee may be required to transfer temporarily to an alternate position with equivalent pay and benefits that better accommodates periods of recurring leave shall be granted for less than two (2) consecutive weeksthe employee’s regular position. The requestCity’s agreement is not required for intermittent leave during which the mother has a serious health condition in connection with the birth of the child, or if the newborn child has a serious health condition. During FMLA leave, the City will maintain the employee’s health insurance under the same terms that the coverage would have been provided had the employee not taken the leave. If an employee’s contribution is more than 30 days late, the City may terminate the employee’s insurance coverage. Prior to such termination, the City will provide written notice to the employee that the payment was not received and that coverage will terminate on a specified date (at least 15 days after the date of the written notice unless payment is received by that date). The City shall not, however, continue to pay life insurance or other non-health benefit premiums during the unpaid leave. If an employee voluntarily fails to return from leave, the City shall recover from the employee the cost of health insurance premiums paid by the City for the employee during the leave. As with other unpaid leave, the employee will not continue to accrue sick leave, vacation or any other benefit. Upon return to work from Family & Medical Leave, the employee may return to his previous position or may, at the City’s option, be placed in a position equivalent in pay, benefits and other terms and conditions of employment. The employee’s restoration rights are the same as they would have been had the employee not been on leave. Thus, if the employee’s position would have been eliminated or the employee would have been terminated but for the leave, the employee shall not have the right to be reinstated upon return from leave. If the City has reason to doubt a certification, it may require (at its own expense) that the employee obtain a second opinion from another health care provider who is not employed by the City. In the event of a conflict between the two opinions, the City may require (at its own expense) a third, which shall be submitted in binding upon the City and the employee. The third doctor shall be jointly selected by the City and the employee. The employee is required to provide the City with at least 30 days’ advance notice of his/her intention to take FMLA leave when the leave if circumstances permitis foreseeable. If this is medically not practicable, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis employee must provide as much notice as is practicable. Prior to returning to work, employees who took FMLA leave due to their own serious health condition may be asked to provide medical authorization for return to work. The Department Head/Director may require employees on leave to report their medical status and expected anticipated date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthreturn at specified intervals.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 123.1 The CSU may provide leave(s) without pay for an employee who has exhausted his/her accumulated sick leave. Employees The President may authorize the use of vacation leave when the employee has exhausted his/her accumulated sick leave.
23.2 Other leaves of absence without pay shall be granted leaves without pay to a requesting employee at the sole discretion of the Employer President for any reason for a period not purposes and lengths of time the President deems appropriate. The employee may be required to exceed two (2) yearsprovide verification that the conditions of the leave were met.
Section 2. Employees who are elected 23.3 Family care or appointed as Union officials or representatives shall, at medical leave shall refer to a leave for reason of the written request birth of a child of the employee, be granted leaves without pay the placement of a child with an employee in connection with the adoption of the child by the employee; or to care for a child, parent or spouse of the employee who has a serious health condition; or for the maximum term employee's own serious health condition. Family care leave shall be pursuant to provisions 23.5 through 23.15 of office, not this Article.
23.4 Maternity/paternity/adoption leave" shall refer to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent a leave for the purpose of a parent preparing for the Union arrival of a new infant and the Employer.
Section 3care of a new infant. Union officials or elected delegates shall be granted up A permanent employee is entitled to six (6) weeks a maternity/paternity/ adoption leave without pay each year without loss of seniority credit where such time is necessary up to enable them twelve (12) months upon his/her written request, subject to attend official union conventions the conditions of provision 23.11 of this article. This leave shall satisfy the family care leave requirements of permanent employees for reason of the birth of a child of the employee, the placement of an infant child with an employee in connection with the adoption of the child by the employee; or conferencesto care for an infant child who has a serious health condition. At least thirty (30) days prior to the ending date of the leave, the employee shall inform the appropriate administrator in writing of his/her intention to return from leave. Changes in the terms of the leave may be made by mutual agreement of the appropriate administrator and the employee.
Section 4. After completing one (1) year of service, an 23.5 An employee may be granted a leave of absence without pay who has at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing least twelve (12) months of service, permanent is entitled to a family care or medical leave without pay.
23.6 Full-time employees shall be granted, upon written request, may take up to six (6) months a total of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling family care or medical leave in a twelve (12) month yearperiod, including any periods of absence with pay for family care or medical leave purposes. After Employees who work less than full-time may take family leave on a pro rata basis.
23.7 For family leave taken for reason of the birth of a child or adoption of a child by an employee, any leave taken shall be initiated within one (1) year of the birth of a child or placement of a child with the employee in the case of adoption.
23.8 Before granting a family leave for the serious health condition of a child, parent or spouse, the President may require certification of the serious health condition from the health care provider.
23.9 Upon expiration of the period which the health care provider originally estimated that the employee needed to care for the child, parent or spouse, the President may require the employee to obtain re-certification if additional leave is requested.
23.10 An employee may use sick leave during the period of family leave upon mutual agreement between the employee and appropriate administrator, and the use of such sick leave during the period of family leave shall not be limited to forty (40) hours as required in provision 22.2d of this Agreement. The use of sick leave shall be in accordance with the appropriate provisions of Article 22 of this Agreement.
23.11 Family care and medical leave are separate and distinct from the right of a female employee to take a pregnancy disability leave under Government Code Section 12945, subdivision (b) (2). If a female employee takes part or all of the maximum four (4) months of pregnancy disability leave, she may request up to twelve (12) weeks additional family care or medical leave for reason of absence, whether taken intermittently, on a reduced-time basisthe birth of her child, or continuouslydue to her own serious medical condition. Any combination of family care or medical leave and pregnancy disability leave shall run concurrently with the period of maternity/ paternity/adoption leave available to a permanent employee pursuant to provision 23.4 of this Article.
23.12 An employee shall provide the President with reasonable written notice of the need for family leave as soon as the event necessitating the leave becomes known to the employee. In general, subsequent leaves in as much advance notice as possible will be provided. In cases of emergency, when no advance notice is possible, written notice of the rolling twelve need for leave shall be provided within five (125) month year working days of learning of the need for the leave.
23.13 If the employee's need for family leave is foreseeable due to the planned medical treatment or planned supervision of a child, parent or spouse with a serious health condition, the employee shall provide the President with not less than fourteen (14) days notice of the need for the leave. The employee shall consult with the appropriate administrator regarding the scheduling of the treatment or supervision so as to minimize disruption of the operations of the University.
23.14 The granting of a family care or medical leave assures to the employee a right to return to his/her former position or a comparable position upon expiration of the family leave. If the former position and any comparable position has ceased to exist due to legitimate business reasons unrelated to the leave, the University shall make reasonable accommodation by alternative means only if such alternative means would not cause an undue hardship on the campus. Such alternative means shall include, but not be limited to, offering the employee any other position which is available and for which the employee is qualified. The University is not required, however, to create additional employment which would otherwise not be created, discharge or layoff another employee, transfer another employee, or promote another employee who is not qualified to perform the job. The family care or medical leave shall not be approved constitute a break in service for periods the purposes of length of service and/or seniority under this Agreement.
23.15 An employee on family care or medical leave shall retain employee status and shall continue to accrue seniority points pursuant to Article 25 of the Agreement during the period of the family care or medical leave. During a family care or medical leave an employee may continue to participate in benefits to the same extent and under the same conditions as would apply to any other personal leave of absence without pay pursuant to this Agreement. However, if any paid portion of the family care or medical leave is less than two (2) consecutive 12 weeks, except as described in subsection 5.d below. For eligible permanent part-time employeesupon request of the employee to continue coverage, both the six monthCSU shall continue to make employer contributions toward health, dental and vision coverage for the unpaid remainder of the twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees Officers may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees Officers who are elected or appointed as Union FOP officials or representatives shall, at the written request of the employeeofficer, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union FOP and the Employer.
Section 3. Union FOP officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union FOP conventions or conferences.
Section 4. After completing one (1) year of service, an employee officer may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
Section 5. a. After completing twelve (12) months one year of service, permanent employees officers shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee officer has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)leave. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which and shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six month.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at (a) Family & Medical Leave Act (FMLA) In compliance with the sole discretion Family and Medical Leave Act of the Employer for any reason for a period not 1993, eligible employees are entitled to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) 12 work weeks of unpaid leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4for certain family and medical reasons during a 12 month period. After completing Eligible employees are those who have been employed by the City for one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has have worked for at least 1250 1,250 hours of actual work time within the twelve (12) months immediately preceding the commencement of the leave (900 hours requested. The employee must not have used all available FMLA leave in the 12 months preceding the date on which the requested leave will begin. FMLA leave may be taken for permanent part-time employees)any one or a combination of the following: to care for the employee’s child after birth ; the placement of a child with the employee for adoption or xxxxxx care; to care for the employee’s spouse, son, daughter or parent who has a serious health condition; for the employee’s own serious health condition which makes the employee unable to perform one or more the essential functions of the employee’s job; and/or for qualified exigencies for an employee’s spouse, son, daughter or patient who is a member of the Armed Forces on active duty or who is called to active duty in support of a contingency operation, as that term is defined by statute. Leave may be taken for birth or placement of a child only within 12 months of that birth or placement. An eligible husband and wife who are both employed by the City who wish to take leave for the birth of a son or daughter, for the placement of a child with them for adoption or xxxxxx care or to care for a parent with a serious health condition are limited to a combined total of 12 workweeks during any 12 month period. If the illness leave is requested because of a serious health condition of the employee’s son or daughter, of the employee him/herself, or of the employee’s spouse, each spouse is entitled to 12 work weeks of leave. In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember (a current member of the Armed Forces who is undergoing medical treatment, recuperation or therapy or is in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness), is entitled to take up to 26 workweeks of unpaid leave during a single 12 month period to care for the servicemember with the serious injury or illness. An eligible husband and wife who both work for the City will be limited to a combined total of 26 workweeks for the above-referenced military caregiver leave during any 12 month period. After all paid leave is exhausted, the City will provide enough unpaid leave to total 12 weeks. This leave is not automatic. It must be applied for on the form provided by the Human Resources Department. A request for leave due to a serious health condition as defined of the employee or the employee’s spouse, son, daughter or parent must be supported by a medical certification on the form provided by the Family Human Resources Department, which form must be completed by the health care provider of the employee’s spouse, son, daughter or parent within 15 calendar days of the request. FMLA leave may be delayed or denied until the required certification is provided. FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Leave in connection with birth, adoption or xxxxxx placement of a son or daughter may not be taken intermittently unless the Department Head/Director and Medical Leave Actthe Chief Human Resources Officer agree to such an arrangement. However, the employee may be required to transfer temporarily to an alternate position with equivalent pay and benefits that better accommodates periods of recurring leave shall be granted for less than two (2) consecutive weeksthe employee’s regular position. The requestCity’s agreement is not required for intermittent leave during which the mother has a serious health condition in connection with the birth of the child, or if the newborn child has a serious health condition. During FMLA leave, the City will maintain the employee’s health insurance under the same terms that the coverage would have been provided had the employee not taken the leave. If an employee’s contribution is more than 30 days late, the City may terminate the employee’s insurance coverage. Prior to such termination, the City will provide written notice to the employee that the payment was not received and that coverage will terminate on a specified date (at least 15 days after the date of the written notice unless payment is received by that date). The City shall not, however, continue to pay life insurance or other non-health benefit premiums during the unpaid leave. As with other unpaid leave, the employee will not continue to accrue sick leave, vacation or any other benefit. If an employee voluntarily fails to return from leave, the City shall recover from the employee the cost of health insurance premiums paid by the City for the employee during the leave. Upon return to work from Family & Medical Leave, the employee may return to his previous position or may, at the City’s option, be placed in a position equivalent in pay, benefits and other terms and conditions of employment. The employee’s restoration rights are the same as they would have been had the employee not been on leave. Thus, if the employee’s position would have been eliminated or the employee would have been terminated but for the leave, the employee shall not have the right to be reinstated upon return from leave. If the City has reason to doubt a certification, it may require (at its own expense) that the employee obtain a second opinion from another health care provider who is not employed by the City. In the event of a conflict between the two opinions, the City may require (at its own expense) a third, which shall be submitted in advance binding upon the City and the employee. The third doctor shall be jointly selected by the City and the employee. The employee is required to provide the City with at least 30 days’ notice of his/her intention to take FMLA leave when the leave if circumstances permitis forseeable. If this is medically not practicable, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis employee must provide as much notice as is practicable. Prior to returning to work, employees who took FMLA leave due to their own serious health condition may be asked to provide medical authorization for return to work. The Department Head/Director may require employees on leave to report their medical status and expected anticipated date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthreturn at specified intervals.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees A. Leaves of absence without pay may be granted leaves without pay at the sole discretion for any of the Employer for any reason for following reasons:
1. All bargaining unit members may be granted a period not to exceed two (2) years.
Section 2. Employees who are elected health leave after their accumulated sick leave is depleted and their health, or appointed as Union officials or representatives shall, at the written request health of a member of the employeeimmediate family, which shall be granted leaves without pay for the maximum term of officedefined as parents, not to exceed three (3) years. Such leaves may be renewed spouse, children, siblings, parents-in-law, or extended by written mutual consent dependents of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted immediate household residence, warrants it up to a maximum of six (6) weeks months. Said leave without pay each year without loss may be extended upon approval of seniority credit where such time is necessary to enable them to attend official union conventions the superintendent's designee. When the health of the bargaining unit member, or conferencesthat of the member of his/her immediate family, as defined above, permits his/ her return, he/she shall so request of the superintendent's designee.
Section 42. After completing A bargaining unit member may take a short, unpaid leave of absence (one to six weeks) due to disability because of child delivery.
3. A leave of absence for maternity and/or child care may be granted for up to one (1) year year. A written request must be submitted and approved prior to the start of serviceany leave or extensions thereof. Original leaves and extensions shall not exceed one
(1) year. When the employee is re-employed, an employee it will be to the same or equivalent position, if possible.
4. All bargaining unit members availing themselves of leave provisions 1, 2, and 3 above may be granted requested to verify the time used with a physician’s statement. Further, return to work shall be contingent upon the employee's ability to return to unrestricted employment. The employer, if it feels that the employee is not able to return to unrestricted employment, may request, at its own expense, a second physician's statement from its own physician. In the event the employee is not approved for unrestricted employment by the employer's physician, the parties shall request an examination by a mutually agreeable third physician who shall determine whether the employee is capable of working without restriction. The third party neutral physician's examination shall be binding for no less than two weeks nor more than three months. At the expiration of such period, either party may request the employee be examined by a third mutually agreeable physician. The cost of all such examinations by third party doctors shall be shared equally between the employee and the employer.
5. Office employees who are officers of professional organizations such as MEA, NEA and MCESA or are appointed to its staff, may, upon proper application, be given leave of absence without pay for the purpose of performing duties for the aforementioned organizations. Employees given leaves of absence shall be held at the sole step and position at the time of leave for a period of one (1) year. After that, they must return or resign.
6. A leave of absence without pay may be granted at the discretion of the Employer superintendent. A written request for educational purposessaid leave must be submitted to the superintendent and approved prior to the beginning of the leave or any extension thereof. Such The leave may be extended by the superintendent. When the employee is re-employed, it will be to the same or equivalent position if possible. The leave and any extension shall not exceed one (1) year and shall not year.
7. Leaves of absence without pay may be granted upon written application for the purpose of further educational study if approved by his/her immediate supervisor and the superintendent's designee.
8. All requests for leaves of absence will be applied for and granted in writing and must be applied for at least sixty (60) calendar days prior to its commencement, except in cases of emergency.
9. A bargaining unit member on a leave of absence (more than once every four years.
a. After completing twelve sixty (1260) months of service, permanent employees shall be grantedcalendar days) may return, upon written requestthe expiration of his/her leave, up to six his/her former position, or to another position in the school system, providing a position is available in the employee’s classification (6vacant). In the event no position is available (vacant) months or if the person does not possess the necessary qualifications for the vacant position, he/she shall receive notice of sick leave without pay with benefitsopenings by certified mail, return receipt requested. The bargaining unit member shall have fourteen (14) calendar days to report for work after the receipt of such notice. The person shall continue to receive such notice until they are returned to employment or their seniority is broken by any of the reasons specified in Article VI, Section J. An employee on a rolling twelve (12) month year basis, leave of absence due to the employee's illness or disability shall on the expiration of his/her leave be reassigned to his/her former position or an equivalent position provided the employee on such leave has at least 1250 hours not been given notice of actual work time within layoff while on such leave.
10. All bargaining unit members on leave of absence (less than sixty (60) calendar days) may return, upon the twelve (12) months preceding expiration of their leave, to their former position.
11. An employee on disability/sick leave shall accumulate seniority for the commencement duration of the leave (900 hours up to one year. An employee on maternity/child care leave shall accumulate seniority only for permanent part-time employees)the period of actual disablement.
12. If Eligible bargaining unit members are entitled to benefits under the illness or disability is due to a serious health condition as defined by the federal Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance Copies of Board policies related to this act are available on the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthdistrict public server.
Appears in 1 contract
Samples: Master Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. Section 5. After completing twelve (12) six months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick extended leave without pay with benefits, on for illness for a rolling twelve (12) month year basis, provided the employee has period of at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)two consecutive weeks, but not more than six months. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return.
Section 6. If requested and properly documented as medically necessaryUpon request of the employee, an extension of up to an additional six months of leave under this Section without pay for illness shall be approved on an intermittent granted provided the employee provides proof of continuing illness or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves disability in the rolling twelve (12) month year form of a doctor's certificate which shall state a prognosis and expected date of return. The extension shall be without benefits. Upon certification from the employee's doctor that the employee is able to return to work, the employee shall be offered a position in the
Section 7. Employees shall not be required to use accumulated sick, annual, and/or personal leave prior to the commencement of a leave without pay.
Section 8. Upon the expiration of any approved for periods less than two (2) consecutive weeksleave of absence without pay, except the employee is entitled to return to a position in the same or equivalent classification within the agency, subject to the furlough provisions of Article 26, Seniority.
Section 9. It is understood by both parties that the provisions of Sections 5, 6 , 7 and 8 are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq. and that leave granted in accordance with Sections 5, 6, 7 and 8 shall be designated as described in subsection 5.d below. For eligible permanent part-time employees, both leave under the six monthprovisions of the Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees Association representatives may be granted leaves without pay granted, at the sole discretion of the Employer for any reason for Superintendent, a period leave of absence to attend Massachusetts Teachers Association and/or National Education Association conferences and conventions, provided, however, that the total amount of time taken by all such representatives will not exceed fifteen (15) days per school year.
2. A leave of absence of up to exceed two (2) yearsyears may be granted to any teacher who joins the Peace Corps, or serves as an exchange teacher, provided the teacher is a full-time participant in one such program. Upon return from such leave, the teacher shall be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.
Section 23. Employees Military leave will be granted to any teacher who are elected is inducted or appointed as Union officials or representatives shall, at the written request enlists in any branch of the employeeArmed Forces of the United States. Upon satisfactory completion of his/her military service and after making application for reemployment within the applicable time period as provided by law, the teacher shall be accorded all reemployment rights to which he/she is entitled under the U.S. Military Training Act, the Armed Forces Reserve Act and the applicable laws of the Commonwealth of Massachusetts.
4. Parenting leave to care for a newborn child or a child placed in the member' s home through adoption, xxxxxx care, or court placement, as described in and as defined by M.G.L. Chapter 149, Section 105D (the Massachusetts Parental Leave Act), may be granted leaves without pay to a unit member for the maximum term a period of office, not to exceed eight (8) weeks if she/he has been employed for three (3) yearsconsecutive months and gives two (2) weeks’ notice prior to her/his departure date. Such leaves Those members who are also eligible for leave under the Family Medical Leave Act (“FMLA”) may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six a combined total of twelve (612) weeks leave. A teacher who receives leave without pay each year without loss pursuant to Section 105D and/or the Family and Medical Leave Act of seniority credit where such time is necessary 1993 may use up to enable them to attend official union conventions or conferences.
Section 4forty (40) days of his/her accumulated sick leave for these purposes. After completing one (1) year of service, an employee may be granted a Otherwise said leave of absence shall be without pay at pay. Accumulated sick leave usage shall increase to forty-five (45) days in the sole discretion 2022-2023 school year, and up to fifty (50) days in the 2023-2024 school year. For leave taken under the Massachusetts Parental Leave Act, any two (2) employees of the Employer District shall only be entitled to eight (8) weeks of parental leave in the aggregate for educational purposesthe birth or placement of the same child. If two employees take parental leave under the FMLA, then the leave is restricted to twelve (12) weeks in the aggregate. In the event a teacher desires additional child rearing leave in excess of that granted under Section 105D and/or the Family and Medical Leave Act for the purpose of caring for the newborn, newly adopted, or newly placed child, he/she may submit a written request for unpaid childrearing leave to the Superintendent. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months and the termination of servicesuch unpaid childrearing leave shall coincide with either the start of the school year or term, permanent employees as determined by the Superintendent, based upon the needs of the District and the best interests of the students.
5. A leave of absence may be granted by the Superintendent or his/her designee at his/her sole discretion for the purpose of caring for a sick member of the teacher’s immediate family. For purposes of this section and elsewhere in this Agreement, where the term is used, immediate family is defined as the teacher’s father, mother, sister, brother, spouse, child, or domestic partner, and those held in legal guardianship. For the purposes of this section and elsewhere in this Agreement where the term is used, “domestic partner” shall be granted, upon written request, up to six (6) months of sick leave without pay defined as an individual with benefits, on a rolling twelve (12) month year basis, provided whom the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability shares a common residence, is due unmarried and not related to a serious health condition as defined each other by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability blood that would bar marriage in the form Commonwealth of a doctor's certificate which shall state a prognosis Massachusetts, and expected date of return. If requested share financial arrangements and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month yeardaily living expenses related to their common welfare.
6. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthfour
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees Officers may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees Officers who are elected or appointed as Union FOP officials or representatives shall, at the written request of the employeeofficer, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union FOP and the Employer.
Section 3. Union FOP officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union FOP conventions or conferences.
Section 4. After completing one (1) year of service, an employee officer may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. Section 5. After completing twelve (12) six months of service, permanent employees officers shall be granted, upon written request, up to extended leave of absence without pay for reason of illness for a period of at least two (2) consecutive weeks, but not more than six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)months. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, request shall include proof of illness or disability in the form of a doctor's certificate which and shall state a prognosis and expected date of return.
Section 6. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year Officers shall not be required to use accumulated sick, annual, and/or personal leave prior to the commencement of a leave without pay.
Section 7. Upon the expiration of any approved for periods less than two (2) consecutive weeksleave of absence without pay, except which begins on or after the effective date of this Agreement, the officer is entitled to return to a position in the same or equivalent classification within the agency, subject to the furlough provisions of Article 28 Seniority.
Section 8. It is understood by both parties that the provisions of Sections 5, 6, and 7 are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq. and that leave granted in accordance with Sections 5, 6, and 7 shall be designated as described in subsection 5.d below. For eligible permanent part-time employees, both leave under the six monthprovisions of the Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves
A. Leave without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shallmay, at the on written request of the employeeapplication, be granted leaves for up to fifteen (15) days by the Chief, or their designee, to a regular, full-time employee.
B. Leave without pay for the maximum term of officemay, not to exceed three (3) years. Such leaves may be renewed or extended by on written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall application, be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months by the Chief, or their designee, to an employee who has completed at least five (5) years of sick continuous service with the Department for the following reasons:
1. The physical or mental disability of the employee.
2. The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and will return to full-time employment with the City for a period of not less than three (3) years.
3. Extraordinary reasons, sufficient in the opinion of the Chief to warrant such leave of absence.
C. Leave for any of the above reasons shall be subject to the following regulations:
1. Such leave may not be granted for more than six (6) months but may, under the provisions of the paragraphs above, be renewed upon written application by the employee and approved by the Chief and City Manager.
2. During such leave, the Employee’s position may be filled by another Employee. If the leave is for longer than a three (3) month period, the Employee shall advise the Chief at least thirty (30) days in advance of their desire to return to the Department. At the expiration of a leave without pay, the Employee may be reinstated in the position previously held, if available, or offered another vacant position for which they are fully qualified.
3. The employee may be required to successfully complete a medical/physical examination, side arm qualification, drug screen, background verification or any other job-related qualification as determined by the Chief.
4. Leaves of absence, except military leave, of over thirty (30) calendar days shall result in an “adjusted start date” for the purpose of vacation accrual, longevity payment, and adjustment to “anniversary date” to account for lost service time. No leave is accrued while an Employee is in leave without pay status and the time spent in such status shall not count toward eligibility for any pay increase, retirement, or for the purpose of meeting the qualification for any position.
5. Failure of an Employee to comply with benefitsthe conditions of their leave without pay may be cause for refusal of reinstatement, on a rolling twelve (12) month year basis, provided and the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)Employee may be terminated from any further employment obligations.
6. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave The above provisions shall not be granted for less than two (2) consecutive weeks. The requestcriminal allegations against an employee, which in that instance the employee shall be submitted in advance subject City of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis Las Cruces Personnel Rules and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthRegulations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at (a) Family & Medical Leave Act (FMLA) In compliance with the sole discretion Family and Medical Leave Act of the Employer for any reason for a period not 1993, eligible employees are entitled to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) 12 work weeks of unpaid leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4for certain family and medical reasons during a 12 month period. After completing Eligible employees are those who have been employed by the City for one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has have worked for at least 1250 1,250 hours of actual work time within the twelve (12) months immediately preceding the commencement of the leave (900 hours requested. The employee must not have used all available FMLA leave in the 12 months preceding the date on which the requested leave will begin. FMLA leave may be taken for permanent part-time employees)any one or a combination of the following: to care for the employee’s child after birth ; the placement of a child with the employee for adoption or xxxxxx care; to care for the employee’s spouse, son, daughter or parent who has a serious health condition; for the employee’s own serious health condition which makes the employee unable to perform one or more the essential functions of the employee’s job; and/or for qualified exigencies for an employee’s spouse, son, daughter or patient who is a member of the Armed Forces on active duty or who is called to active duty in support of a contingency operation, as that term is defined by statute. Leave may be taken for birth or placement of a child only within 12 months of that birth or placement. An eligible husband and wife who are both employed by the City who wish to take leave for the birth of a son or daughter, for the placement of a child with them for adoption or xxxxxx care or to care for a parent with a serious health condition are limited to a combined total of 12 workweeks during any 12 month period. If the illness leave is requested because of a serious health condition of the employee’s son or daughter, of the employee him/herself, or of the employee’s spouse, each spouse is entitled to 12 work weeks of leave. In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember (a current member of the Armed Forces who is undergoing medical treatment, recuperation or therapy or is in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness), is entitled to take up to 26 workweeks of unpaid leave during a single 12 month period to care for the servicemember with the serious injury or illness. An eligible husband and wife who both work for the City will be limited to a combined total of 26 workweeks for the above-referenced military caregiver leave during any 12 month period. After all paid leave is exhausted, the City will provide enough unpaid leave to total 12 weeks. This leave is not automatic. It must be applied for on the form provided by the Human Resources Department. A request for leave due to a serious health condition as defined of the employee or the employee’s spouse, son, daughter or parent must be supported by a medical certification on the form provided by the Family Human Resources Department, which form must be completed by the health care provider of the employee’s spouse, son, daughter or parent within 15 calendar days of the request. FMLA leave may be delayed or denied until the required certification is provided. FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Leave in connection with birth, adoption or xxxxxx placement of a son or daughter may not be taken intermittently unless the Department Head/Director and Medical Leave Actthe Human Resources Director agree to such an arrangement. However, the employee may be required to transfer temporarily to an alternate position with equivalent pay and benefits that better accommodates periods of recurring leave shall be granted for less than two (2) consecutive weeksthe employee’s regular position. The requestCity’s agreement is not required for intermittent leave during which the mother has a serious health condition in connection with the birth of the child, or if the newborn child has a serious health condition. During FMLA leave, the City will maintain the employee’s health insurance under the same terms that the coverage would have been provided had the employee not taken the leave. If an employee’s contribution is more than 30 days late, the City may terminate the employee’s insurance coverage. Prior to such termination, the City will provide written notice to the employee that the payment was not received and that coverage will terminate on a specified date (at least 15 days after the date of the written notice unless payment is received by that date). The City shall not, however, continue to pay life insurance or other non-health benefit premiums during the unpaid leave. As with other unpaid leave, the employee will not continue to accrue sick leave, vacation or any other benefit. If an employee voluntarily fails to return from leave, the City shall recover from the employee the cost of health insurance premiums paid by the City for the employee during the leave. Upon return to work from Family & Medical Leave, the employee may return to his previous position or may, at the City’s option, be placed in a position equivalent in pay, benefits and other terms and conditions of employment. The employee’s restoration rights are the same as they would have been had the employee not been on leave. Thus, if the employee’s position would have been eliminated or the employee would have been terminated but for the leave, the employee shall not have the right to be reinstated upon return from leave. If the City has reason to doubt a certification, it may require (at its own expense) that the employee obtain a second opinion from another health care provider who is not employed by the City. In the event of a conflict between the two opinions, the City may require (at its own expense) a third, which shall be submitted in advance binding upon the City and the employee. The third doctor shall be jointly selected by the City and the employee. The employee is required to provide the City with at least 30 days’ notice of his/her intention to take FMLA leave when the leave if circumstances permitis forseeable. If this is medically not practicable, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis employee must provide as much notice as is practicable. Prior to returning to work, employees who took FMLA leave due to their own serious health condition may be asked to provide medical authorization for return to work. The Department Head/Director may require employees on leave to report their medical status and expected anticipated date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthreturn at specified intervals.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at a) The Employer may, subject to the sole discretion staffing requirement of the Employer for Employer, grant to any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted Teacher a leave of absence without pay at for good reason. In those circumstances where leave is granted, there shall be no guarantee that the sole discretion Teacher will be able to return to the same position held prior to the leave, unless mutually agreed upon in writing between the Teacher and the Employer prior to the leave taking effect.
b) Subject to the requirements of the Employer Employer, Employees who have worked at ILSC for educational purposesmore than 8 (eight) years may apply for a leave of absence of at least 6 (six) months and not exceeding 1 (one) year. Such an extended leave shall not exceed one (1) year and shall not will only be granted more than once every four yearsfor an Employee and seniority will be maintained but not accrued.
a. After completing twelve (12) months 18.2 Notice of service, permanent employees requested leave of absence shall be granted, upon written request, up provided to six the Employer 4 (6four) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted weeks in advance of the proposed commencement.
18.3 Leave shall be with no gain or loss of seniority and be for a maximum of 1 (one) year.
18.4 Educational leave if circumstances permit(only for regular Employees who have completed probation) may be granted without pay for a period not exceeding 12 (twelve) months. The Employer will advise the Employee in writing, with stated reasons, in a reasonable period of time of the approval or refusal of such. Such Employees will accumulate seniority and shall include proof be returned to their former position at the end of illness or disability such leave. Educational leave shall be requested in writing 4 (four) weeks before commencement of leave and notice of return shall be given 4 (four) weeks before the end of the leave.
18.5 Employees on unpaid leave are not permitted to work for a competitor Employer in the form of a doctor's certificate which shall state a prognosis 416 and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis 905 telephone regions during the first twelve (12) weeks course of absence per rolling twelve (12) month year. After twelve (12) weeks the leave, unless mutually agreed upon in writing between the Employer and the Employee prior to the commencement of absence, whether taken intermittently, leave.
18.6 The Employee taking the leave shall retain benefits coverage provided that the Employee pays the full premium cost.
18.7 Employees on a reduced-time basis, or continuously, subsequent leaves leave in accordance with Articles 18.01 and 18.05 who are enrolled in the rolling twelve benefit plans may arrange to reimburse the Employer for the cost of the benefit premiums by way of automatic chequing.
18.8 Employees who are reimbursing the Employer for the cost of benefit premiums by way of automatic chequing must give the Employer 2 (12two) month year shall not be approved for periods less than two (2) consecutive weeks, except as described months clear notice in subsection 5.d below. For eligible permanent part-time employees, both writing before the six monthEmployees will cease requesting withdrawals.
Appears in 1 contract
Samples: Collective Agreement
Leaves of Absence Without Pay. Section 1. Employees A. Leaves of absence without pay may be granted leaves without pay at the sole discretion for any of the Employer for any reason for following reasons:
1. All bargaining unit members may be granted a period not to exceed two (2) years.
Section 2. Employees who are elected health leave after their accumulated sick leave is depleted and their health, or appointed as Union officials or representatives shall, at the written request health of a member of the employeeimmediate family, which shall be granted leaves without pay for the maximum term of officedefined as parents, not to exceed three (3) years. Such leaves may be renewed spouse, children, siblings, parents-in-law, or extended by written mutual consent dependents of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted immediate household residence, warrants it up to a maximum of six (6) weeks months. Said leave without pay each year without loss may be extended upon approval of seniority credit where such time is necessary to enable them to attend official union conventions the superintendent's designee. When the health of the bargaining unit member, or conferencesthat of the member of his/her immediate family, as defined above, permits his/ her return, he/she shall so request of the superintendent's designee.
Section 42. After completing A bargaining unit member may take a short, unpaid leave of absence (one to six weeks) due to disability because of child delivery.
3. A leave of absence for maternity and/or child care may be granted for up to one
(1) year year. A written request must be submitted and approved prior to the start of service, an employee may be granted a any leave of absence without pay at the sole discretion of the Employer for educational purposesor extensions thereof. Such leave Original leaves and extensions shall not exceed one (1) year year. When the employee is re-employed, it will be to the same or equivalent position, if possible.
4. All bargaining unit members availing themselves of leave provisions 1, 2, and 3 above may be requested to verify the time used with a physicians statement. Further, return to work shall be contingent upon the employee's ability to return to unrestricted employment. The employer, if it feels that the employee is not able to return to unrestricted employment, may request, at its own expense, a second physician's statement from its own physician. In the event the employee is not approved for unrestricted employment by the employer's physician, the parties shall request an examination by a mutually agreeable third physician who shall determine whether the employee is capable of working without restriction. The third party neutral physician's examination shall be binding for no less than two weeks nor more than three months. At the expiration of such period, either party may request the employee be examined by a third mutually agreeable physician. The cost of all such examinations by third party doctors shall be shared equally between the employee and the employer.
5. Office employees who are officers of professional organizations such as MEA, NEA and MCESA or are appointed to its staff, may, upon proper application, be given leave of absence without pay for the purpose of performing duties for the aforementioned organizations. Employees given leaves of absence shall be held at the step and position at the time of leave for a period of one (1) year. After that, they must return or resign.
6. A leave of absence without pay may be granted at the discretion of the superintendent. A written request for said leave must be submitted to the superintendent and approved prior to the beginning of the leave or any extension thereof. The leave may be extended by the superintendent. When the employee is re-employed, it will be to the same or equivalent position if possible. The leave and any extension shall not exceed one year.
7. Leaves of absence without pay may be granted upon written application for the purpose of further educational study if approved by his/her immediate supervisor and the superintendent's designee.
8. All requests for leaves of absence will be applied for and granted in writing and must be applied for at least sixty (60) calendar days prior to its commencement, except in cases of emergency.
9. A bargaining unit member on a leave of absence (more than once every four yearssixty (60) calendar days) may return, upon the expiration of his/her leave, to his/her former position, or to another position in the school system, providing:
a. A position is available (vacant).
a. After completing twelve b. The person is qualified to assume the responsibilities of such position. In the event no position is available (12vacant) months or if the person does not possess the necessary qualifications for the vacant position, he/she shall receive notice of serviceopenings by certified mail, permanent employees return receipt requested. The bargaining unit member shall be grantedhave fourteen (14) calendar days to report for work after the receipt of such notice. The person shall continue to receive such notice until they are returned to employment or their seniority is broken by any of the reasons specified in Article VI, upon written request, up to six (6) months of sick leave without pay with benefits, Section J. An employee on a rolling twelve (12) month year basis, leave of absence due to the employee's illness or disability shall on the expiration of his/her leave be reassigned to his/her former position or an equivalent position provided the employee on such leave has at least 1250 hours not been given notice of actual work time within layoff while on such leave.
10. All bargaining unit members on leave of absence (less than sixty (60)calendar days) may return, upon the twelve (12) months preceding expiration of their leave, to their former position.
11. An employee on disability/sick leave shall accumulate seniority for the commencement duration of the leave (900 hours up to one year. An employee on maternity/child care leave shall accumulate seniority only for permanent part-time employees)the period of actual disablement.
12. If Eligible bargaining unit members are entitled to benefits under the illness or disability is due to a serious health condition as defined by the federal Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance Copies of Board policies related to this act are available on the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthdistrict public server.
Appears in 1 contract
Samples: Master Agreement
Leaves of Absence Without Pay. Section 1. Employees may A. Any employee who is elected or appointed as a representative of the Union in any activity necessitating absence shall be granted leaves a leave without pay at the sole discretion of upon adequate advance notice thereof to the Employer for any reason in writing for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum his term of office. Such leaves of absence shall be renewed and extended for additional periods of office terms.
B. Employees with more than one year of service shall be entitled to written leaves of absence for any reasons mutually acceptable to the Union and Employer, for a period not to exceed three (3) yearsone year. Such This request shall be made by the employee in writing and shall be confirmed by the Employer in writing with a copy to the Union. By written mutual agreement between the Employer and employee, such leaves may be renewed or extended by written mutual consent of the Union and the Employerextended.
C. Upon the expiration of a leave of absence of six months or less, the employee shall have a right to return to a position in the same or equivalent classification, subject to the furlough and recall provisions of Article 9. Upon the expiration of a leave of absence of more than six months, except as provided in Article 22, Section 3. Union officials G, the employee shall have a right to return to a vacant position, which the Employer intends to fill, in the same or elected delegates shall be granted up equivalent classification, subject to six (6) weeks leave without pay each year without loss the furlough and recall provisions of seniority credit where such time is necessary to enable them to attend official union conventions or conferencesArticle 9.
Section 4D. 1. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year permanent full-time and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent regular part-time employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time (900 hours for part-time employees) within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)leave. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods of less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthmonth and 12 week entitlements provided by this Subsection will be pro-rated based on the employee’s percentage of full-time regular hours worked.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates 11.1 All absences under this article shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferencesby the Superintendent consistent with policies established by the Committee and as provided in this Collective Bargaining Agreement.
Section 4. After completing one (1) year of service11.2 The Superintendent may, an employee in his/her sole discretion and not subject to grievance and arbitration, or in accordance with law, as the case may be granted be, grant a leave of absence without pay at to any Administrator for any purpose permitted by law as it shall determine, including but not limited to military leave, family sickness and maternity.
11.3 During such leave of absence without pay, the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and Administrator shall not be granted more than once every four yearseligible for, nor shall the Administrator accrue, nor shall the Committee be required to pay for, except to the extent required by law, any benefits including but not limited to sick leave, health and life insurance and retirement.
a. After completing twelve (12) months 11.4 The return to service and the status of the Administrator, upon the return of the Administrator to service, permanent employees shall be grantednegotiated between the Administrator and the Superintendent or his/her designee on an individual basis prior to the commencement of a leave of absence without pay.
11.5 Any Administrator who expects to be delivered of a child between Labor Day and April 30th of any year shall be eligible for the maternity leave without pay to commence no later than the delivery date to the end of the school year, upon written request, up notice to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has Superintendent at least 1250 hours two weeks prior to the date the leave shall commence, but in any event no later than March 1. During such leave, the provisions of actual work time within Article 11.2 shall be applicable, except that the twelve (12) months preceding Committee shall be required to return the Administrator to the position occupied prior to the commencement of the leave (900 hours if such position has not been abolished. Any Administrator who expects to be delivered of a child between May 1 and Labor Day of any year shall be eligible for permanent part-time employees). If a maternity leave without pay to commence no later than the illness or disability is due delivery date to a serious health condition as defined by April 30, upon written notice to the Family and Medical Leave Act, Superintendent at least two weeks prior to the date the leave shall be granted for less commence but in any event no later than two (2) consecutive weeksAugust 15. The requestDuring such leave, which the provisions of Article 11.2 shall be submitted in advance applicable, except that the Committee shall be required to return the Administrator to the position occupied prior to the commencement of the leave if circumstances permit, shall include proof such position has not been abolished. The extension of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, maternity leave under this Section beyond that set forth above shall be approved on an intermittent or reduced-time basis during in accordance with the first twelve (12) weeks provisions of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthArticle 11.1 and 11.2 above.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 6 (1. Employees ) Bargaining unit employees in the classified and exempt service may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a 7 leave of absence without pay at upon request during the sole discretion first six (6) months 8 following the birth or adoption of a child, not to exceed six (6) months. Such 9 leave shall not be unreasonably denied. In the event that a medical disability 10 leave was granted immediately prior to the request for a leave without pay due 11 to parenting, the total combined leaves, including the disability leave, shall not 12 exceed six (6) months.
13 (2) Leaves of absence without pay not exceeding 30 calendar days shall be granted 14 for any good reason to any bargaining unit employee upon request with the 15 approval of the Employer employee's department head or appointing authority after said 16 employee has exhausted all of his/her accrued time (i.e. compensatory, 17 holiday, vacation and sick leave for educational purposesmedical leaves of absence). Such leave 18 shall not be unreasonably denied. Employees shall return to their former 19 classification upon return from such leave.
20 (3) Leaves of absence without pay in excess of 30 days may be granted in the 21 same manner and for the same reason set forth in Rule VIII, Section 2, of the 22 Rules of the Civil Service Commission. Such leave shall not exceed one be unreasonably
24 (14) year and Employees returning from an approved leave of absence without pay for six 25 months or less shall not be granted more than once every four years.
a. return to their former classification from which the leave 26 was granted. After completing twelve (12) an approved leave of absence without pay of 6 months of serviceor 27 more, permanent employees shall be grantedreturned to their former classification if a vacant 28 position authorized to be filled exists. If not, upon written requestthe County will make every 29 reasonable effort to place such employee in another vacant position authorized 30 to be filled within the same classification in the County service. If no such 31 vacancy exists, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours shall be placed on the reinstatement list for that 32 classification.
1 (5) Failure to return from leave of actual work time within absence upon the twelve (12) months preceding the commencement expiration of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, such leave shall 2 be granted for less than two (2) consecutive weeks. The requestconsidered a resignation in absentia, which and shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis terminate any and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthall rights to
Appears in 1 contract
Samples: Labor Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthmonth and 12 week entitlements provided by this subsection will be pro-rated based on the employee’s percentage of full-time regular hours worked.
b. Employees shall be required to use all accrued paid sick leave upon commencement of sick leave without pay. Such sick leave used will run concurrently with and reduce the six month entitlement to leave without pay with benefits. Employees shall not be required to use annual, personal, compensatory or holiday leave upon the commencement of sick leave without pay; however, if annual, personal, compensatory or holiday leave is used, it also will run concurrently with and reduce such entitlement.
c. Subsection 5.b. applies except that employees may choose to retain up to ten days of accrued sick leave. The choice to retain or not retain sick leave cannot be made retroactively, and saved days will be measured based on accrued sick leave available at the commencement of the absence. Saved days may be used by employees at any time during the first 12 weeks of the six month entitlement to leave without pay with benefits. Such sick leave used will run concurrently with and reduce the six month entitlement to leave without pay with benefits. Days saved and requested for intermittent or reduced-time absences for periods less than two consecutive weeks after the first 12 weeks of the six month entitlement to leave without pay with benefits will be reviewed for approval under the provisions of Article 13. Such use will not be counted against the six month entitlement to leave without pay with benefits.
d. Intermittent or reduced-time sick leave without pay may be approved for absences after the first 12 weeks of the six month leave entitlement to leave without pay with benefits when due to a catastrophic illness or injury of the employee that poses a direct threat to life or the vital function of major bodily systems or organs, and would cause the employee to take leave without pay or terminate employment. All accrued and anticipated leave must be used before granting leave without pay under this subsection. Such leave without pay used will run concurrently with and reduce
e. One aggregate six month entitlement of leave without pay with benefits will be provided for sick leave without pay used under this Section, parental leave without pay used under Article 17, Section 1.a., and family care leave without pay used under Article 41, Section 1. Leave used under these Articles, as well as military exigency leave used under Section 12 below, will be deducted from the six month entitlement and run concurrently.
f. After the employee has used an aggregate of six (6) months of leave without pay with benefits under this Section, Article 17, Section 1.a., Article 41, Section 1, and/or military exigency leave under Section 12 below, the Employer is not required to grant subsequent leave without pay with benefits until such time that the employee again becomes eligible for some portion of the six month entitlement under the rolling twelve month year, provided that the employee has 1250 hours of actual work time within the twelve month period preceding commencement of the leave (900 hours for permanent part-time employees).
g. The continuation of benefits under this Section is subject to the employee’s payment of any required employee contribution under Article 24, Section 3.
h. This section shall not apply to a work-related injury.
Section 6. Upon request of the employee, an extension of up to an additional six months of leave without pay shall be granted provided the employee provides proof of continuing illness or disability in the form of a doctor’s certificate which shall state a prognosis and expected date of return. The extension shall be without benefits and shall be contiguous to the termination of the initial six months of leave without pay with benefits.
Section 7. For denied work-related injuries, up to six months of leave without pay without benefits may be granted when the employee does not meet eligibility requirements for leave under
Section 8. Up to six months of leave without pay without benefits may be granted to employees with less than one year of employment since the most recent hire date, provided the absence is at least two consecutive weeks in duration; however, only one occasion within a twelve month rolling year may be approved.
Section 9. Upon the expiration of any approved leave of absence without pay, except as provided in Section 6 above, Article 17, Section 3, Article 25, Section 7, and in Article 41, Section 5, the employee is entitled to return to a position in the same or equivalent classification within the university, subject to the furlough provisions of Article 28, Seniority.
Section 10. It is understood by both parties that the provisions of Sections 5, 6, and 9 are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq.
Section 11. State-paid coverage for life insurance and state payments toward coverage for health benefits as provided in Articles 23 and 24 will continue for the period of time the employee is on sick leave without pay with benefits under Section 5 of this Article.
Section 12. After completing one year of service, employees may be eligible to use unpaid military exigency or military caregiver leave. Military exigency absence provides 12 weeks of leave within a rolling calendar year. Military caregiver absence provides 26 weeks of leave within a single 12 month period. Both military exigency leave and military caregiver leave may be used intermittently or on a reduced time basis.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may A. Any employee who is elected or appointed as a representative of the Union in any activity necessitating absence shall be granted leaves a leave without pay at the sole discretion of upon adequate advance notice thereof to the Employer for any reason in writing for a period not to exceed two (2) yearshis term of office.
Section 2B. Such leaves of absence shall be renewed and extended for additional periods of office terms.
C. Employees shall be eligible for parental leave as provided by the Personnel Rules, Chapter 8, Sections 8.101 to 8.105.
D. Employees with more than one year of service shall be entitled to written leaves of absence for the following reasons, for a period not to exceed one year:
1. Employees who are elected Illness or appointed as Union officials or representatives shall, at the written request injury of the employeeemployee which requires absence from work. After the employee has used an aggregate of six months of leave without pay under this Section, be granted leaves the Employer is not required to grant subsequent leave without pay for this purpose unless 6 months in an active pay status have elapsed from the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent termination of the Union and the Employer.
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected last date of returnapproved leave under this Section. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during basis.
2. Any other reason mutually acceptable to the first twelve (12) weeks Union and Employer. This request shall be made by the employee in writing and shall be confirmed by the Employer in writing with a copy to the Union. By written mutual agreement between the Employer and employee, such leaves may be extended. Upon the expiration of a leave of absence per rolling twelve (12) month year. After twelve (12) weeks of absencesix months or less, whether taken intermittently, on the employee shall have a reduced-time basis, or continuously, subsequent leaves right to return to a positio n in the rolling twelve (12) month year same or equivalent classification, subject to the furlough and recall provisions of Article 9. Upon the expiration of a leave of absence of more than six months, the employee shall not have a right to return to a vacant position, which the Employer intends to fill, in the same or equivalent classification, subject to the furlough and recall provisions of Article 9.
E. It is understood by both parties that the provisions of Sections C and D are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq. and that leave granted in accordance with Sections C and D shall be approved for periods less than two (2) consecutive weeks, except designated as described in subsection 5.d below. For eligible permanent part-time employees, both leave under the six monthprovisions of the Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may be granted leaves without pay at the sole discretion of the Employer for any reason for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum term of office, not to exceed three (3) years. Such leaves may be renewed or extended by written mutual consent of the Union and the Employer.of
Section 3. Union officials or elected delegates shall be granted up to six (6) weeks leave without pay each year without loss of seniority credit where such time is necessary to enable them to attend official union conventions or conferences.
Section 4. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees). If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six monthmonth and 12 week entitlements provided by this subsection will be pro-rated based on the employee’s percentage of full-time regular hours worked.
b. Employees shall be required to use all accrued paid sick leave upon commencement of sick leave without pay. Such sick leave used will run concurrently with and reduce the six month entitlement to leave without pay with benefits. Employees shall not be required to use annual, personal, compensatory or holiday leave upon the commencement of sick leave without pay; however, if annual, personal, compensatory or holiday leave is used, it also will run concurrently with and reduce such entitlement.
c. Subsection 5.b. applies except that employees may choose to retain up to ten days of accrued sick leave. The choice to retain or not retain sick leave cannot be made retroactively, and saved days will be measured based on accrued sick leave available at the commencement of the absence. Saved days may be used by employees at any time during the first 12 weeks of the six month entitlement to leave without pay with benefits. Such sick leave used will run concurrently with and reduce the six month entitlement to leave without pay with benefits. Days saved and requested for intermittent or reduced-time absences for periods less than two consecutive weeks after the first 12 weeks of the six month entitlement to leave without pay with benefits will be reviewed for approval under the provisions of Article 13. Such use will not be counted against the six month entitlement to leave without pay with benefits.
d. Intermittent or reduced-time sick leave without pay may be approved for absences after the first 12 weeks of the six month leave entitlement to leave without pay with benefits when due to a catastrophic illness or injury of the employee that poses a direct threat to life or the vital function of major bodily systems or organs, and would cause the employee to take leave without pay or terminate employment. All accrued and anticipated leave must be used before granting leave without pay under this subsection. Such leave without pay used will run concurrently with and reduce the six month entitlement to leave without pay with benefits.
e. One aggregate six month entitlement of leave without pay with benefits will be provided for sick leave without pay used under this Section, parental leave without pay used under Article 17, Section 1.a., and family care leave without pay used under Article 41, Section 1. Leave used under these Articles, as well as military exigency leave used under Section 12 below, will be deducted from the six month entitlement and run concurrently.
f. After the employee has used an aggregate of six (6) months of leave without pay with benefits under this Section, Article 17, Section 1.a., Article 41, Section 1, and/or military exigency leave under Section 12 below, the Employer is not required to grant subsequent leave without pay with benefits until such time that the employee again becomes eligible for some portion of the six month entitlement under the rolling twelve month year, provided that the employee has 1250 hours of actual work time within the twelve month period preceding commencement of the leave (900 hours for permanent part-time employees).
g. The continuation of benefits under this Section is subject to the employee’s payment of any required employee contribution under Article 24, Section 3.
h. This section shall not apply to a work-related injury.
Section 6. Upon request of the employee, an extension of up to an additional six months of leave without pay shall be granted provided the employee provides proof of continuing illness or disability in the form of a doctor’s certificate which shall state a prognosis and expected date of return. The extension shall be without benefits and shall be contiguous to the termination of the initial six months of leave without pay with benefits.
Section 7. For denied work-related injuries, up to six months of leave without pay without benefits may be granted when the employee does not meet eligibility requirements for leave under subsection 5.a. of this Article.
Section 8. Up to six months of leave without pay without benefits may be granted to employees with less than one year of employment since the most recent hire date, provided the absence is at least two consecutive weeks in duration; however, only one occasion within a twelve month rolling year may be approved.
Section 9. Upon the expiration of any approved leave of absence without pay, except as provided in Section 6 above, Article 17, Section 3, Article 25, Section 7, and in Article 41, Section 5, the employee is entitled to return to a position in the same or equivalent classification within the university, subject to the furlough provisions of Article 28, Seniority.
Section 10. It is understood by both parties that the provisions of Sections 5, 6, and 9 are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq.
Section 11. State-paid coverage for life insurance and state payments toward coverage for health benefits as provided in Articles 23 and 24 will continue for the period of time the employee is on sick leave without pay with benefits under Section 5 of this Article.
Section 12. After completing one year of service, employees may be eligible to use unpaid military exigency or military caregiver leave. Military exigency absence provides 12 weeks of leave within a rolling calendar year. Military caregiver absence provides 26 weeks of leave within a single 12 month period. Both military exigency leave and military caregiver leave may be used intermittently or on a reduced time basis.
Section 13. Leaves of absence under this Article which commence prior to April 1, 2015 will be administered under the terms of the September 1, 2011 – August 31, 2014 Collective Bargaining Agreement. Leaves of absence under this Article commencing on or after April 1, 2015 will be administered under the terms of this Collective Bargaining Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leaves of Absence Without Pay. Section 1. Employees may A. Any employee who is elected or appointed as a representative of the Union in any activity necessitating absence shall be granted leaves a leave without pay at the sole discretion of upon adequate advance notice thereof to the Employer for any reason in writing for a period not to exceed two (2) years.
Section 2. Employees who are elected or appointed as Union officials or representatives shall, at the written request of the employee, be granted leaves without pay for the maximum his term of office. Such leaves of absence shall be renewed and extended for additional periods of office terms.
B. Employees with more than one year of service shall be entitled to written leaves of absence for any reasons mutually acceptable to the Union and Employer, for a period not to exceed three (3) yearsone year. Such This request shall be made by the employee in writing and shall be confirmed by the Employer in writing with a copy to the Union. By written mutual agreement between the Employer and employee, such leaves may be renewed or extended by written mutual consent of the Union and the Employerextended.
C. Upon the expiration of a leave of absence of six months or less, the employee shall have a right to return to a position in the same or equivalent classification, subject to the furlough and recall provisions of Article 9. Upon the expiration of a leave of absence of more than six months, except as provided in Article 22, Section 3. Union officials G, the employee shall have a right to return to a vacant position, which the Employer intends to fill, in the same or elected delegates shall be granted up equivalent classification, subject to six (6) weeks leave without pay each year without loss the furlough and recall provisions of seniority credit where such time is necessary to enable them to attend official union conventions or conferencesArticle 9.
Section 4D. 1. After completing one (1) year of service, an employee may be granted a leave of absence without pay at the sole discretion of the Employer for educational purposes. Such leave shall not exceed one (1) year permanent full-time and shall not be granted more than once every four years.
a. After completing twelve (12) months of service, permanent regular part- time employees shall be granted, upon written request, up to six (6) months of sick leave without pay with benefits, on a rolling twelve (12) month year basis, provided the employee has at least 1250 hours of actual work time within the twelve (12) months preceding the commencement of the leave (900 hours for permanent part-time employees)leave. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave shall be granted for less than two (2) consecutive weeks. The request, which shall be submitted in advance of the leave if circumstances permit, shall include proof of illness or disability in the form of a doctor's certificate which shall state a prognosis and expected date of return. If requested and properly documented as medically necessary, leave under this Section shall be approved on an intermittent or reduced-time basis during the first twelve (12) weeks of absence per rolling twelve (12) month year. After twelve (12) weeks of absence, whether taken intermittently, on a reduced-time basis, or continuously, subsequent leaves in the rolling twelve (12) month year shall not be approved for periods of less than two (2) consecutive weeks, except as described in subsection 5.d below. For eligible permanent part-time employees, both the six month.
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Samples: Collective Bargaining Agreement