Common use of Maintenance of Position Clause in Contracts

Maintenance of Position. An employee returning to work after being on a short-term or long-term disability leave for a period of up to one (1) year will return to their former position. After one (1) year the employee shall be entitled to return to a reasonable position for which the employee is qualified to perform at the same rate of pay.

Maintenance of Position. An employee returning to work after being on a short-term or long-term disability leave for a period of up to one (1) year will return to their the employee’s former position or to a comparable position. After one (1) year the employee shall only be entitled to return to a reasonable position for which the employee is qualified to perform job at the same rate of paypay with no position or classification guarantee.