Common use of Medical Leaves of Absence Clause in Contracts

Medical Leaves of Absence. When an employee continues to be absent from work due to an illness or injury after having used up his/her sick leave credit, he/she must apply for an unpaid sick leave of absence. Upon departmental approval of the unpaid sick leave of absence, he/she shall be removed from the payroll until he/she returns to work. If he/she does not return to work within twelve (12) consecutive months after he/she has been placed in a non-pay status, his/her seniority shall terminate. If, however, an employee is separated from his/her employment as provided in this subsection because of his/her absence from work due to a disability covered by worker’s compensation, his/her seniority shall be frozen as of the date of his/her separation. If and when such employee is reinstated within thirty (30) days following the cessation of such disability presenting medical evidence of his/her physical ability to perform the necessary work, such employee shall be entitled to exercise the amount of seniority he/she had acquired prior to his/her separation to obtain a job within the bargaining unit, in accordance with the seniority provisions then in effect, which job he/she has the seniority and the then-present ability to satisfactorily perform. Meaningful consideration will be given to an employee who applies for reinstatement under this Subsection. 16.§2.1 When there is a question as to whether an employee is medically able to return to work following his/her illness or injury, the Employer may require that the employee present a statement from a physician attesting to the fact the employee is medically able to return to work. If the Employer is not satisfied with the employee’s physician’s statement, the Employer may require the employee to be examined by a physician of the Employer’s own choosing and expense. If the dispute continues, the Employer’s medical practitioner and the employee’s medical practitioner shall jointly select a physician to examine the employee and submit a report to both parties. Any additional costs not covered by the employee’s health insurance shall be borne by the University and the MSEA. The opinion of the jointly-selected physician shall be binding. 16.§2.2 When an employee, absent due to illness or injury, has exhausted the paid sick leave credited to his/her account, he/she shall thereupon draw upon his/her accumulated annual leave to the extent of his/her accrual. However, the employee may direct the university not to draw upon his/her annual leave by notifying the university in writing prior to the end of the pay period during which the unpaid sick leave occurred. Retroactive payments for prior pay periods shall not be permitted. 16.§2.3 If an employee with five (5) or more years of continual service is not able to return from the medical leave within twelve (12) months, he/she shall upon providing medical certification of his/her ability to return to his/her regular job responsibilities, be entitled to be considered for the next available vacancy for which the employee has the- then present ability to perform, for an additional three years following the end of the medical leave. 16.§2.4 This Section shall not apply to an employee absent due to illness or injury which is compensable under the Worker’s Compensation Act as long as the employee is being paid weekly disability benefits thereunder. This exemption shall cease immediately upon the redemption of liability or lump sum settlement by the University.

Medical Leaves of Absence. When an employee continues to be absent from work due to an illness or injury after having used up his/her Upon depletion of accrued sick leave credit, he/she must apply for an unpaid sick leave of absence. Upon departmental approval of the unpaid sick leave of absence, he/she shall be removed from the payroll until he/she returns to work. If he/she does not return to work within twelve (12) consecutive months after he/she has been placed in a non-pay status, his/her seniority shall terminate. If, howevercredits, an employee is separated from his/her employment as provided in this subsection because upon request shall be granted a leave of absence for personal illness, injury or temporary disability necessitating his/her absence from work if that employee is in satisfactory employment status. This guarantee shall only apply when the employee has had less than six (6) months medical leave of absence within the preceding five (5) years. Time off on medical leave of absence due to a disability covered by worker’s compensation, his/her seniority pregnancy shall not be counted against the six (6) month guarantee. An employee whose leaves including any extensions totals less than six (6) months during the five (5) year period shall be frozen granted a subsequent leave(s) up to a cumulative total of six (6) months within such five (5) year period. Employees with twenty years or more of continuous service shall be granted up to an additional six months of medical leave of absence beyond the guarantee as referenced above. In all other cases an employee may be granted such leave for the above reasons. Such leave may be granted for a period of up to six (6) months upon providing required medical information. The employee's request shall include a written statement from the employee's physician indicating the medical condition and prognosis necessitating the employee's absence from work and the expected return to work date. The Employer shall not count paid leave time toward any medical leave of absence entitlement. In addition to the operational needs of the Employer and the employee's work record, the Appointing Authority in considering requests for extension will consider verifiable medical information that the employee will be able to return at the end of the extension period with the ability to return to normal duties (any limitation and duration and date of such return). Prior to returning to work from a medical leave of absence, the employee will be required to present medical certification of his/her separation. If fitness to resume performing normal duties (any limitations and when such employee is reinstated within thirty (30) days following the cessation duration and date of such disability presenting medical evidence of his/her physical ability return). The Employer reserves the right to perform have the necessary work, such employee shall be entitled to exercise the amount of seniority he/she had acquired prior to his/her separation to obtain examined by a job within the bargaining unit, in accordance with the seniority provisions then in effect, which job he/she has the seniority physician selected and the then-present ability to satisfactorily perform. Meaningful consideration will be given to an employee who applies for reinstatement under this Subsection. 16.§2.1 When there is a question as to whether an employee is medically able to return to work following his/her illness or injury, paid by the Employer may require that for the employee present a statement from a physician attesting to the fact the employee is medically able to employee's initial request, extension and/or return to work. If the Employer is not satisfied with the employee’s physician’s statement, the Employer Employees who object to examination by a state employed doctor may require the employee to be examined by a physician mutually approved doctor. In the absence of the Employer’s own choosing and expense. If the dispute continuesmutual agreement, the Employer’s medical practitioner and the employee’s medical practitioner shall jointly parties will select a physician to examine from recommendations from a county or local medical society, by alternate striking if necessary. Such records are, by their very nature, confidential and such confidentiality must be preserved and protected. Where the employee and submit a report to both parties. Any additional costs not covered by claims that such verification might compromise the employee’s health insurance shall be borne by the University and the MSEA. The opinion confidential nature of the jointly-selected physician shall be binding. 16.§2.2 When an employee, absent due to illness or injury, has exhausted the paid sick leave credited to his/her account, he/she shall thereupon draw upon his/her accumulated annual leave to the extent of his/her accrual. Howeverdisability, the employee may direct the university not to draw upon his/her annual leave by notifying the university in writing prior submit such verification directly to the end of Appointing Authority. Employees who, after providing the pay period during which the unpaid sick leave occurred. Retroactive payments for prior pay periods shall not be permitted. 16.§2.3 If an employee with five (5) or more years of continual service is not able to return from the information as required by this Article, are subsequently denied a medical leave within twelve (12) monthsof absence, he/she shall upon providing medical certification of his/her the employee’s ability to return to his/her regular job responsibilitiesperform the essential functions of the job, be entitled upon request to have their name placed on all applicable recall lists, provided that such medical certification is presented within two (2) years of the date of the denial. Such employees shall be considered for the next available vacancy for which the employee has the- then present ability to perform, for an additional three years following the end of the medical leave. 16.§2.4 This Section as laid off with recall rights as described in this Section. Employees recalled under this provision shall not apply to an employee absent due to illness or injury which is compensable under the Worker’s Compensation Act have such time treated as long as the employee is being paid weekly disability benefits thereunder. This exemption shall cease immediately upon the redemption of liability or lump sum settlement by the Universitya break in service.

Medical Leaves of Absence. When A. An employee absent because of illness, except Workers’ Compensation injuries, shall be considered to be on Medical Leave of Absence after one (1) continuous absence of more than seven (7) calendar days. The leave shall be limited to a period of six (6) months beginning with the first day of continuous absence. To be eligible for a Medical Leave of Absence an employee continues to shall present a physician’s certificate stating that the Operator must be absent from work due to an illness or injury after having used up his/her sick leave credit, he/she must apply for an unpaid sick leave of absence. Upon departmental approval of the unpaid sick leave of absence, he/she shall be removed from the payroll until he/she returns to work. If he/she does not return to work within twelve (12) consecutive months after he/she has been placed in a non-pay status, his/her seniority shall terminate. If, however, an employee is separated from his/her employment as provided in this subsection because of his/her absence from off work due to a disability covered by worker’s compensation, his/her seniority shall be frozen as medical condition. METRO may require an Operator to provide a current physician's certificate of the date of his/her separation. If and when such employee is reinstated medical conditions within thirty (30) days following of the cessation first continuous day of such disability presenting medical evidence of his/her physical ability to perform the necessary work, such absence and every thirty (30) days thereafter. For industrial injury leaves an employee shall present a physician’s certificate of medical conditions every thirty-five (35) days after the initial certificate is provided. An employee may present the certificate by any reliable means such as email or certified mail. In some circumstances, due to the serious nature of a medical condition, an employee may be entitled unable to exercise the amount of seniority he/she had acquired prior to his/her separation to obtain a job provide medical documentation within the bargaining unit, in accordance with specified time limits. If sufficient documentation is provided METRO may waive the seniority provisions then in effect, which job he/she has the seniority and the then-present ability to satisfactorily perform. Meaningful consideration will be given to an employee who applies thirty (30) day requirement for reinstatement under this Subsectiona physician’s certificate. 16.§2.1 When there is a question as to whether an B. An employee is medically able on medical leave unable to return to work following his/her illness with or injury, without reasonable accommodation and who is unable to perform the Employer may require that the employee present a statement from a physician attesting to the fact essential job functions of an employee's position or other positions for which the employee is medically able qualified, within the twelve (12) month maximum leave period will be placed on Furlough status. C. An employee who desires to return to work. If the Employer is not satisfied with the employee’s from Medical Leave will present a physician’s statement, release stating a return-to- work date. Should an employee returning from a leave require retraining the Employer may require the employee Employee will be returned to be examined by a physician service within seven (7) calendar days from receipt of the Employer’s own choosing and expense. If the dispute continues, the Employer’s medical practitioner and the employee’s medical practitioner shall jointly select a physician to examine the employee and submit a report to both parties. Any additional costs not covered by the employee’s health insurance shall be borne by the University and the MSEA. The opinion of the jointly-selected physician shall be bindingwritten release. 16.§2.2 When an employeeD. An employee who is on Medical Leave of Absence on account of illness and who accepts regular, absent due to illness or injury, has exhausted the paid sick leave credited to his/her account, he/she shall thereupon draw upon his/her accumulated annual leave to the extent of his/her accrual. However, the employee may direct the university not to draw upon his/her annual leave by notifying the university in writing prior to the end of the pay period during which the unpaid sick leave occurred. Retroactive payments for prior pay periods outside gainful employment shall not be permittedterminated unless at the time the Employee performs the outside employment the Employee is physically able to perform their duties as an employee on a regular, full-time basis. The employee will notify METRO and the Union of the employment. An employee who is on Medical Leave of Absence because of physical restrictions, and who is receiving benefits under any State law which requires the Employee to accept gainful employment to be eligible for these benefits, shall not have their services terminated provided that the Employee immediately informs METRO and the Union of the employment and its duration. 16.§2.3 If an employee with E. METRO shall respond in writing within five (5) or more years working days to all requests for extensions with copies of continual service is not able said response given to return from the medical leave within twelve (12) months, he/she shall upon providing medical certification of his/her ability to return to his/her regular job responsibilities, be entitled to be considered for the next available vacancy for which the employee has the- then present ability to perform, for an additional three years following and the end of the medical leaveUnion. 16.§2.4 This Section shall not F. The employee may apply accumulated Sick or Annual Leave in order to an employee absent cover absences due to illness or injury which is compensable under or to supplement State Disability Insurance benefits. Total compensation shall not exceed eight (8) hours pay per day at the Workeremployee’s Compensation Act as long as the employee is being paid weekly disability benefits thereunder. This exemption shall cease immediately upon the redemption of liability or lump sum settlement by the Universitybase wage rate.

Medical Leaves of Absence. When an employee continues i. Work-related illness and/or injury Where the inability to be absent from work perform is due to an illness work-related injury or injury after having used up his/her illness, the ARTIST shall be entitled in addition to paid sick leave creditas provided for in this Section, he/she must apply and, thereafter, shall be assigned modified duty for thirty (30) hours per week as described in Section IV. A. 1. a. ii., below to the extent ARTIST is medically cleared to engage in such modified duty. Such modified duty will be compensated at the ARTIST’s contracted rate. An ARTIST who does not accept modified duty within fourteen (14) days of modified duty being offered by EMPLOYER shall be considered to have accepted an unpaid sick leave of absence. Upon departmental approval absence for the duration of the contract year or until which time ARTIST shall return to work, whichever comes first. Should an ARTIST require a longer unpaid sick leave of absenceabsence beyond the conclusion of the contract year, he/she or should ARTIST be unable to make such aforementioned request due to physical or mental inability, EMPLOYER, AGMA and ARTIST (if available) will meet in good faith in an attempt to reach a resolution as to the extent and duration of unpaid leave and terms of such leave. ● Notice of Injury ARTISTs shall be removed give the EMPLOYER notice of any injury within three (3) working days after the occurrence, in order to comply with the Workers’ Compensation Laws. The EMPLOYER has the right to make reasonable requests from the payroll until he/she returns ARTIST for medical updates. ● Injury from Unusual Appliances If an ARTIST is injured to the extent that it prohibits employment due to a substantiated work-related injury while working with any unusual appliances (e.g., ropes, wires, trampolines) for the EMPLOYER, the EMPLOYER shall continue full payment of the contract salary, less any Workers’ Compensation allowed by the State of Utah, for the remainder of the contracted period. If he/she does not return ● Return to work within twelve (12) consecutive months after he/she has been placed in Work An ARTIST who experiences a nonwork-pay status, his/her seniority shall terminate. If, however, an employee is separated from his/her employment related injury or illness as provided in this subsection because section shall return to work without a loss of his/her absence position or seniority only upon being fully medically cleared to resume all duties by ARTIST’s treating physician as well as the appropriate Worker’s Compensation physician (if different from work due ARTIST’s treating physician) to a disability covered by the extent such injury involves worker’s compensation, his/her seniority shall be frozen as of . ii. Non Work-related illness and/or injury Where the date of his/her separation. If and when such employee is reinstated within thirty (30) days following the cessation of such disability presenting medical evidence of his/her physical ability inability to perform is due to non-work-related injury or illness, in addition to paid sick leave as provided for in this Section, the necessary work, such employee ARTIST shall be entitled to exercise an unpaid leave of absence for three (3) months, provided the amount ARTIST requests the leave in writing before the earlier of seniority he/she had acquired prior to his/her separation to obtain a job within the bargaining unitexpiration of all paid sick leave or 14 days after the occurrence of the non-work related illness and/or injury, in accordance with the seniority provisions then in effect, which job he/she has the seniority and the then-present ability ARTIST’s treating physician provides written recommendation for the leave. EMPLOYER will notify ARTIST of their obligation to satisfactorily performmake such request and will copy AGMA staff on said notification. Meaningful consideration No compensation will be given paid to an employee ARTIST who applies for reinstatement under this Subsection. 16.§2.1 When there requests and is granted an unpaid leave of absence during such period. An ARTIST whose inability to perform due to a question as to whether non-work-related injury or illness, who requests and is granted an employee is medically able to unpaid leave of absence shall return to work following his/her illness without a loss of position or injury, seniority only upon being fully medically cleared to resume all duties by ARTIST’s treating physician. An ARTIST who fails to request an unpaid leave of absence before the Employer may require that the employee present a statement from a physician attesting to the fact the employee is medically able to return to work. If the Employer is not satisfied with the employee’s physician’s statement, the Employer may require the employee to be examined by a physician expiration of the Employer’s own choosing and expense. If the dispute continues, the Employer’s medical practitioner and the employee’s medical practitioner shall jointly select a physician to examine the employee and submit a report to both parties. Any additional costs not covered by the employee’s health insurance shall be borne by the University and the MSEA. The opinion of the jointly-selected physician shall be binding. 16.§2.2 When an employee, absent due to illness or injury, has exhausted the paid sick leave credited shall be considered to his/her account, he/she have voluntarily terminated ARTIST’s employment and shall thereupon draw upon his/her accumulated annual leave to the extent of his/her accrual. However, the employee may direct the university not to draw upon his/her annual leave by notifying the university in writing prior to the end of the pay period during which the unpaid sick leave occurred. Retroactive payments for prior pay periods shall not be permitted. 16.§2.3 If an employee with five (5) or more years of continual service is not able to return from the medical leave within twelve (12) months, he/she shall upon providing medical certification of his/her ability to return to his/her regular job responsibilities, be entitled to be considered for the next available vacancy for which the employee has the- then present ability to perform, for an additional three years following the end of the medical leaveno further compensation. 16.§2.4 This Section shall not apply to an employee absent due to illness or injury which is compensable under the Worker’s Compensation Act as long as the employee is being paid weekly disability benefits thereunder. This exemption shall cease immediately upon the redemption of liability or lump sum settlement by the University.