Common use of National Emergency Clause in Contracts

National Emergency. 12.1 Any employee who is required by the United States or voluntarily enlists or reenlists into the Armed Forces or military reserves or National Guard will be eligible for a military leave of absence. The period of such absence shall be considered employment time with the Publisher in computing severance pay. 12.2 The Publisher will pay employees required by the United States to enter active military service, or those employees who voluntarily enlist, the difference between their military or guard pay and their regular base pay for the first 90 calendar days of their military service. 12.3 The Publisher will pay full-time employees required to attend military reserve training the difference between their military pay and their regular base pay for a period of up to two weeks per year. 12.4 During the time the Publisher is paying the difference between military pay and base pay, the Publisher will continue to pay the company portion of the employee's and their dependents' group health insurance. 12.5 An employee on military leave may elect to receive part or all of his or her accrued vacation and will earn additional vacation based on regular hours paid by the Publisher. 12.6 A regular employee who returns from military leave is entitled to qualify for re- employment rights as long as the Publisher is in the same business and employs individuals in similar classifications to that previously held by the employee. If the Publisher is no longer in the same business and/or no longer employs individuals in similar classifications, the employee would be eligible for the appropriate severance as described in Section 7. 12.7 To qualify for re-employment rights a returning veteran or reservist must meet the following criteria: (a) The employee must have satisfactorily completed their military service; i.e., discharged or released under honorable conditions, and (b) For leaves up to 90 days: The employee must apply for re-employment within 31 days after the release from active duty or discharge from hospitalization due to military service. (c) The right to re-employment following hospitalization applies if the employee was hospitalized for up to one year after discharge from military service. 12.8 An employee who qualifies for re-employment rights will be restored with no loss of seniority. The seniority will include pre-military service, employment seniority, a reasonable period of time following departure from employment prior to entering military service, the period of military service and the period between the employee's release from military service and their return to work. 12.9 In the event an employee, upon the resumption of his or her position is found not to be able to perform the essential functions of his or her position with a reasonable accommodation, the employee will be eligible for the appropriate severance pay as described in Section 7. 12.10 In the event an employee is physically or mentally disabled as a result of such service, and as documented by a medical physician, is unable to return to work within the timeframe established in Section 12.7, the application for re-employment shall be deemed to have been made and severance shall be paid as of the date of the employee's termination of service as described in Section 7. 12.11 An employee promoted to take the place of one entering such service, upon the re- employment of such employee, shall be returned to his/her previous position and salary, but at not less than the salary he/she made before the promotion, or not less than the previous classification's minimum salary, whichever is greater. 12.12 An employee hired as a replacement for one entering such service shall be covered by all provisions of this Agreement except by this military service clause. Such replacement employee, however, on entering such service shall receive severance pay in accordance with Section 7 and pro-rated vacation pay. 12.13 Upon return of an employee from military service, the temporary employee displaced by the return shall be given first consideration when a vacancy occurs. 12.14 If an employee is released or discharged due to his or her race, color, national origin, ancestry, sex, marital or parental status, sexual preference, age, mental or physical disability, medical condition, religious creed, or for refusal to perform an illegal act, the employee will be deemed to have satisfactorily completed his or her military service. 12.15 Employees on military leave upon resumption of employment shall resume his/her position or a comparable one without diminution of salary immediately upon their timely request for re-employment as described in Section 12.7 and shall return with severance pay eligibility and other rights under this Agreement unimpaired. 12.16 Upon an employee's entering such service as set forth during the lifetime of this Agreement, his/her rights under this section shall become vested in the employee and shall survive the expiration of the Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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National Emergency. 12.1 Any employee who is required by the United States or voluntarily enlists or reenlists into the Armed Forces or military reserves or National Guard will be eligible for a military leave of absence. The period of such absence shall be considered employment time with the Publisher in computing severance pay. 12.2 The Publisher will pay employees required by the United States to enter active military service, or those employees who voluntarily enlist, the difference between their military or guard pay and their regular base pay for the first 90 calendar days of their military service. 12.3 The Publisher will pay full-time employees required to attend military reserve training the difference between their military pay and their regular base pay for a period of up to two weeks per year. 12.4 During the time the Publisher is paying the difference between military pay and base pay, the Publisher will continue to pay the company portion of the employee's ’s and their dependents' group health insurance. 12.5 An employee on military leave may elect to receive part or all of his or her accrued vacation and will earn additional vacation based on regular hours paid by the Publisher. 12.6 A regular employee who returns from military leave is entitled to qualify for re- employment rights as long as the Publisher is in the same business and employs individuals in similar classifications to that previously held by the employee. If the Publisher is no longer in the same business and/or no longer employs individuals in similar classifications, the employee would be eligible for the appropriate severance as described in Section 7. 12.7 To qualify for re-employment rights a returning veteran or reservist must meet the following criteria: (a) The employee must have satisfactorily completed their military service; i.e., discharged or released under honorable conditions, and (b) For leaves up to 90 days: The employee must apply for re-employment within 31 days after the release from active duty or discharge from hospitalization due to military service. (c) The right to re-employment following hospitalization applies if the employee was hospitalized for up to one year after discharge from military service.was 12.8 An employee who qualifies for re-employment rights will be restored with no loss of seniority. The seniority will include pre-military service, employment seniority, a reasonable period of time following departure from employment prior to entering military service, the period of military service and the period between the employee's ’s release from military service and their return to work. 12.9 In the event an employee, upon the resumption of his or her position is found not to be able to perform the essential functions of his or her position with a reasonable accommodation, the employee will be eligible for the appropriate severance pay as described in Section 7. 12.10 In the event an employee is physically or mentally disabled as a result of such service, and as documented by a medical physician, is unable to return to work within the timeframe established in Section 12.7, the application for re-employment shall be deemed to have been made and severance shall be paid as of the date of the employee's ’s termination of service as described in Section 7. 12.11 An employee promoted to take the place of one entering such service, upon the re- employment of such employee, shall be returned to his/her previous position and salary, but at not less than the salary he/she made before the promotion, or not less than the previous classification's ’s minimum salary, whichever is greater. 12.12 An employee hired as a replacement for one entering such service shall be covered by all provisions of this Agreement except by this military service clause. Such replacement employee, however, on entering such service shall receive severance pay in accordance with Section 7 and pro-rated vacation pay. 12.13 Upon return of an employee from military service, the temporary employee displaced by the return shall be given first consideration when a vacancy occurs. 12.14 If an employee is released or discharged due to his or her race, color, national origin, ancestry, sex, marital or parental status, sexual preference, age, mental or physical disability, medical condition, religious creed, or for refusal to perform an illegal act, the employee will be deemed to have satisfactorily completed his or her military service. 12.15 Employees on military leave upon resumption of employment shall resume his/her position or a comparable one without diminution of salary immediately upon their timely request for re-employment as described in Section 12.7 and shall return with severance pay eligibility and other rights under this Agreement unimpaired. 12.16 Upon an employee's ’s entering such service as set forth during the lifetime of this Agreement, his/her rights under this section shall become vested in the employee and shall survive the expiration of the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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National Emergency. 12.1 Any employee who is required by the United States or voluntarily enlists or reenlists into the Armed Forces or military reserves or National Guard will be eligible for a military leave of absence. The period of such absence shall be considered employment time with the Publisher in computing severance pay. 12.2 The Publisher will pay employees required by the United States to enter active military service, or those employees who voluntarily enlist, the difference between their military or guard pay and their regular base pay for the first 90 calendar days of their military service.military 12.3 The Publisher will pay full-time employees required to attend military reserve training the difference between their military pay and their regular base pay for a period of up to two weeks per year. 12.4 During the time the Publisher is paying the difference between military pay and base pay, the Publisher will continue to pay the company portion of the employee's ’s and their dependents' group health insurance. 12.5 An employee on military leave may elect to receive part or all of his or her accrued vacation and will earn additional vacation based on regular hours paid by the Publisher. 12.6 A regular employee who returns from military leave is entitled to qualify for re- employment rights as long as the Publisher is in the same business and employs individuals in similar classifications to that previously held by the employee. If the Publisher is no longer in the same business and/or no longer employs individuals in similar classifications, the employee would be eligible for the appropriate severance as described in Section 7.for 12.7 To qualify for re-employment rights a returning veteran or reservist must meet the following criteria: (a) The employee must have satisfactorily completed their military service; i.e., discharged or released under honorable conditions, and (b) For leaves up to 90 days: The employee must apply for re-employment within 31 days after the release from active duty or discharge from hospitalization due to military service. For leaves in excess of 90 days: The employee must apply for re-employment within 90 days of the date of release of military service or discharge from hospitalization due to military service. (c) The right to re-employment following hospitalization applies if the employee was hospitalized for up to one year after discharge from military service. 12.8 An employee who qualifies for re-employment rights will be restored with no loss of seniority. The seniority will include pre-military service, employment seniority, a reasonable period of time following departure from employment prior to entering military service, the period of military service and the period between the employee's release from military service and their return to work.a 12.9 In the event an employee, upon the resumption of his or her position is found not to be able to perform the essential functions of his or her position with a reasonable accommodation, the employee will be eligible for the appropriate severance pay as described in Section 7.reasonable 12.10 In the event an employee is physically or mentally disabled as a result of such service, and as documented by a medical physician, is unable to return to work within the timeframe established in Section 12.7, the application for re-employment shall be deemed to have been made and severance shall be paid as of the date of the employee's termination of service as described in Section 7.the 12.11 An employee promoted to take the place of one entering such service, upon the re- employment of such employee, shall be returned to his/her previous position and salary, but at not less than the salary he/she made before the promotion, or not less than the previous classification's minimum salary, whichever is greater.the 12.12 An employee hired as a replacement for one entering such service shall be covered by all provisions of this Agreement except by this military service clause. Such replacement employee, however, on entering such service shall receive severance pay in accordance with Section 7 and pro-rated vacation pay.replacement 12.13 Upon return of an employee from military service, the temporary employee displaced by the return shall be given first consideration when a vacancy occurs. 12.14 If an employee is released or discharged due to his or her race, color, national origin, ancestry, sex, marital or parental status, sexual preference, age, mental or physical disability, medical condition, religious creed, or for refusal to perform an illegal act, the employee will be deemed to have satisfactorily completed his or her military service.physical 12.15 Employees on military leave upon resumption of employment shall resume his/her position or a comparable one without diminution of salary immediately upon their timely request for re-employment as described in Section 12.7 and shall return with severance pay eligibility and other rights under this Agreement unimpaired. 12.16 Upon an employee's ’s entering such service as set forth during the lifetime of this Agreement, his/her rights under this section shall become vested in the employee and shall survive the expiration of the Agreement.this

Appears in 1 contract

Samples: Collective Bargaining Agreement

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