Court Leave Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay or under suspension, who is required:
Paid Jury or Court Witness Duty Leave The Employer shall grant leave of absence without loss of seniority to an Employee who serves as a juror or witness in any court. The Employer shall pay such an Employee the difference between normal earnings and the payment received for jury service or court witness, excluding payment for traveling, meals or other expenses. The Employee will present proof of service and the amount of pay received. Time spent by an Employee required to serve as a court witness in any matter arising out of her employment, shall be considered as time worked at the appropriate rate of pay.
Written Employee Jury Service Policy 54.2.1 Unless Contractor has demonstrated to the County’s satisfaction either that Contractor is not a “contractor” as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor must have and adhere to a written policy that provides that its Employees must receive from Contractor, on an annual basis, no less than five Days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with Contractor or that Contractor deduct from the Employee’s regular pay the fees received for jury service.
54.2.2 For purposes of this Paragraph 54.2 (Written Employee Jury Service Policy), “Contractor” means a person, partnership, corporation, or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts. “Employee” means any California resident who is a full-time employee of Contractor. “Full-time” means 40 hours or more worked per week, or a lesser number of hours if: i) the lesser number is a recognized industry standard as determined by the County, or ii) Contractor has a long- standing practice that defines the lesser number of hours as full-time. Full- time employees providing short-term, temporary services of 90 Days or less within a 12-month period are not considered full-time for purposes of the Jury Service Program. If Contractor uses any Subcontractor to perform Services for the County under this Contract, the Subcontractor is also be subject to the provisions of this Paragraph 54.2 (Written Employee Jury Service Policy). The provisions of this Paragraph 54.2 (Written Employee Jury Service Policy) must be inserted into any such Subcontract agreement and a copy of the Jury Service Program must be attached to the agreement.
Labor Relations; Employees (a) Except as set forth on Section 5.15(a) of the Company Disclosure Letter, (i) neither the Company nor any of its Subsidiaries is a party to or bound by any collective bargaining agreement or any similar agreement, (ii) no such agreement is being negotiated by the Company or any of the Company’s Subsidiaries, and (iii) no labor union or any other employee representative body has requested or, to the knowledge of the Company, has sought to represent any of the employees of the Company or its Subsidiaries in the past three (3) years. In the past three (3) years, to the knowledge of the Company, there has been no labor organization activity involving any employees of the Company or any of its Subsidiaries and there has been no actual or, to the knowledge of the Company, threatened strike, slowdown, work stoppage, lockout or other labor dispute against or affecting the Company or any Subsidiary of the Company, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(b) Each of the Company and its Subsidiaries are, and have been for the past three (3) years, in compliance with all applicable Laws respecting labor and employment including, but not limited to, all Laws respecting terms and conditions of employment, health and safety, wages and hours, holiday pay and the calculation of holiday pay, working time, employee classification (with respect to both exempt vs. non-exempt status and employee vs. independent contractor and worker status), child labor, immigration, employment discrimination, disability rights or benefits, equal opportunity and equal pay, plant closures and layoffs, affirmative action, workers’ compensation, labor relations, employee leave issues, unemployment insurance and contributions required to be made with respect to any statutory plan, program, practice or arrangement that is required under applicable law and maintained by any Governmental Authority, except where the failure to comply would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(c) Except where it would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, in the past three (3) years, the Company and its Subsidiaries have not received written (i) notice of any unfair labor practice charge or material complaint pending or threatened before any applicable Governmental Authority against them, (ii) notice of any complaints, grievances or arbitrations arising out of any collective bargaining agreement or any other material complaints, grievances or arbitration procedures against them, (iii) notice of any material charge or complaint with respect to or relating to them pending before any applicable Governmental Authority responsible for the prevention of unlawful employment practices, (iv) notice of the intent of any Governmental Authority responsible for the enforcement of labor, employment, wages and hours of work, child labor, immigration, or occupational safety and health Laws to conduct an investigation with respect to or relating to them or notice that such investigation is in progress, or (v) notice of any complaint, lawsuit or other proceeding pending or threatened in any forum by or on behalf of any present or former employee of such entities, any applicant for employment or classes of the foregoing alleging breach of any express or implied Contract of employment, any applicable Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct in connection with the employment relationship.
(d) To the knowledge of the Company, no present or former employee, worker or independent contractor of the Company or any of the Company’s Subsidiaries’ is in material violation of (i) any restrictive covenant, nondisclosure obligation or fiduciary duty to the Company or any of the Company’s Subsidiaries or (ii) any restrictive covenant or nondisclosure obligation to a former employer or engager of any such individual relating to (A) the right of any such individual to work for or provide services to the Company or any of the Company’s Subsidiaries’ or (B) the knowledge or use of trade secrets or proprietary information, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(e) Neither the Company nor any of the Company’s Subsidiaries is party to a settlement agreement with a current or former officer, employee or independent contractor of the Company or any of the Company’s Subsidiaries that involves allegations relating to sexual harassment, sexual misconduct or discrimination by either (i) an officer of the Company or any of the Company’s Subsidiaries or (ii) an employee of the Company or any of the Company’s Subsidiaries at the level of Director (for the avoidance of doubt, such title does not refer to a member of the board of directors) or above. To the knowledge of the Company, in the last three (3) years, no allegations of sexual harassment, sexual misconduct or discrimination have been made against (i) an officer of the Company or any of the Company’s Subsidiaries or (ii) an employee of the Company or any of the Company’s Subsidiaries at the level of Director (for the avoidance of doubt, such title does not refer to a member of the board of directors) or above, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the Company and its Subsidiaries, taken as a whole.
Employment Relations Education Leave Employment Relations Education Leave will be allowed in accordance with the Employment Relations Act.
Court Leave With Pay The Company shall grant leave with pay to an employee for the period of time he or she is required:
(a) to be available for jury selection;
(b) to serve on a jury; or
(c) by subpoena or summons to attend as a witness in any proceeding to which he or she is not a party held:
(i) in or under the authority of a court of justice or before a grand jury;
(ii) before a court, judge, justice, magistrate or coroner;
(iii) before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, otherwise than in the performance of the duties of his or her position;
(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it, other than an arbitrator appointed under this Collective Agreement or the Canada Industrial Relations Board.
Civic Leave Civic leave is provided to faculty members who are a) subpoenaed to appear before any court or other legally constituted body authorized to compel the attendance of witnesses, where the employee is not a party to the action; or b) summoned for jury duty by any court of competent jurisdiction. Faculty members required to report or serve for only part of a day for court or jury duty are obligated to return for the remainder of that day unless otherwise authorized by the Chair. Faculty members are required to provide written notification of civic leave to the Chair as far in advance of the leave as possible. Documentation regarding the leave (e.g., a copy of the summons, subpoena) shall be attached to the notification. The faculty member may retain any money received as compensation or expense reimbursement for jury duty or court attendance compelled by the summons or subpoena.
Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn.
Subpoena Leave 4.11.1 When a unit member is absent because of a mandatory court appearance, except as a litigant, the unit member shall suffer no monetary or sick leave loss by reason of this service.
4.11.2 Fees, exclusive of mileage, paid by the court or party requiring a unit member's appearance shall be paid to the District unless the fees are greater than the unit member's salary, in which case the unit member may retain the fees and be listed as absent due to personal business without pay.
4.11.3 A copy of the subpoena or certificate of the clerk of the court must be filed with the absence report.
Union Leave of Absence 22:01 (a) The Employer shall grant leave of absence to employees to attend Union conventions, seminars, educational classes or other Union business. It is understood that the Union will not request leave of absence for more than four (4) full-time employees and three (3) part-time employees at any one time and the total leave of absence in any year shall be not more than an aggregate of thirty (30) working days for full- time employees and fifteen (15) working days for part- time employees. Longer leaves of absence will be approved at management’s discretion and will not be unreasonably withheld. Such leaves of absence shall not seriously disrupt the operations of the Home, and shall be requested as far in advance as possible, in writing to the Home Administrator, with a copy to the Human Resources Associate. It is further understood that the leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of absence.
(b) The parties agree the employer will continue the regular compensation for the employees on such leave, and the Union agrees to reimburse the Employer in a timely fashion for all costs associated with the compensation for the employees. The parties agree that the Employer is not liable for any WSIB claims that may arise while the employee is on union leave as described in 22.01 (a).
22:02 An employee who is elected or appointed to office in the Unifor, upon request and provision of six (6) weeks notice, shall be granted a leave of absence without loss of seniority and benefits for up to three (3) years. During such leaves of absence, salary and benefits shall be kept whole by the Employer and the Union agrees to reimburse the Employer for such salary and the Employers' contribution to said benefits. The employee agrees to notify the Employer of the employee's intention to return to work within four (4) weeks following termination of office for which the leave was granted. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Employer as required, or be transferred to the employee's previous position, if the substitution was a transfer.
22:03 Employees who are on leave of absence will not engage in gainful employment while on such leave and if an employee does engage in gainful employment while on such leave of absence they may forfeit all seniority rights and privileges contained in this Agreement. Ft&Pt 22:04 Employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this Agreement.
