Common use of PERSONAL DISABILITY LEAVE Clause in Contracts

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee shall be entitled to leaves of absence without pay for not more than two (2) periods aggregating to no more than ninety (90) calendar days within a twelve (12)-month period upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. of this MOU, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. The Agency/Department Head may require acceptable proof of the employee’s ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection shall be returned to the same classification and the Agency/Department Head shall make his/her best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time Except for employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions classification of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time Juvenile Institutional Officer Intermittent, employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee with tenure shall be entitled to leaves of absence without pay for not more than two (2) periods segments aggregating to no more than ninety (90) 90 calendar days within a twelve (12)-month any four year period of continuous employment upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. 16 of this MOUMemorandum, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. For the purposes of this Section, time during which a person is temporarily not employed by the County, if followed by reemployment within four years, shall not be considered as an interruption of continuous employment; but the period of time such employee is not employed shall not be counted in computing the four years of continuous employment for the purpose of qualifying for the two segments aggregating to no more than 90 calendar days. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection paragraph shall be returned to the same classification and the Agency/Department Head shall make his/her its best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. 7L applies only to part-time employees who work less than one-thousand two-hundred fifty (1,250) 1,250 hours in a twelve (12)-month 12-month period and therefore do not qualify under the provisions of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee shall be entitled to leaves of absence without pay for not more than two (2) periods aggregating to no more than ninety (90) 90 calendar days within a twelve (12)-month 12-month period upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. of this MOUMemorandum of Understanding, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection shall be returned to the same classification and the Agency/Department Head shall make his/her best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time Except for employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions classification of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time Group Counselor Intermittent, employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee with tenure shall be entitled to leaves of absence without pay for not more than two (2) periods segments aggregating to no more than ninety (90) 90 calendar days within a twelve (12)-month any four year period of continuous employment upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. 16 of this MOUMemorandum, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. For the purposes of this Section, time during which a person is temporarily not employed by the County, if followed by reemployment within four years, shall not be considered as an interruption of continuous employment; but the period of time such employee is not employed shall not be counted in computing the four years of continuous employment for the purpose of qualifying for the two segments aggregating to no more than 90 calendar days. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection paragraph shall be returned to the same classification and the Agency/Department Head shall make his/her its best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only Section 1. Paid Disability Leave functions as a short term disability plan providing income for time lost due to partan illness/disability for oneself or a dependent child. PDL may be used after the employee has missed four (4) consecutive days of scheduled work. The first four (4) days of an illness/disability must be paid from the employee’s PTO account prior to accessing PDL. Eligible employees accrue PDL based upon compensated hours. Full Time employees working 75 or more hours per pay period will accrue 60 hours per year. Accrual is pro-time rated for Regular Part Time employees who work with an authorized FTE status (bid) of between 37.5 and 74.9 hours per pay period. Effective March 4, 2016, employees with an authorized FTE status (bid) of less than one37.5 hours per pay period are not eligible to accrue PDL. Section 2. Should an employee be absent from work for more than three (3) consecutive scheduled work days due to the illness/disability of self or a dependent child, contact must be made with Human Resources/Payroll and the employee’s manager to notify them of continued absence. Section 3. An employee is expected to provide a “return-thousand twoto-hundred fifty work” certification from a medical provider should his/her/dependent child’s illness/disability extend more than three (1,2503) consecutive work days. Section 4. PDL may accumulate to a maximum of 225 hours. Once the maximum accrual is reached, no further accrual will occur. Employees are not compensated for hours in a twelve excess of their PDL balance. Section 5. Should an employee exhaust their PDL account, he/she must return to the use of PTO for the illness/disability to make them whole. Section 6. Accrued, unused PDL balances are not paid out upon either voluntary or involuntary termination of employment. Section 7. An employee with an authorized FTE status (12)-month bid) of less than 37.5 hours per pay period and therefore do not qualify under who becomes ineligible to accrue PDL upon the provisions effective date of this Agreement will have until the last day of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time employees are provided benefits equivalent last pay period in payroll year 2016 to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee shall be entitled to leaves of absence without pay for not more than two (2) periods aggregating to no more than ninety (90) calendar days within a twelve (12)-month period upon presentation of acceptable proof of use his/her personal disabilitypreviously-accrued PDL hours. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off Any unused PDL hours as a supplement to disability insurance benefits under Section 21. of this MOU, in which event, the employee that date shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. The Agency/Department Head may require acceptable proof of the employee’s ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection shall be returned to the same classification and the Agency/Department Head shall make his/her best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedureforfeited.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies ‌ Section 1. Paid Disability Leave functions as a short term disability plan providing income for time lost due to an illness/disability for oneself or a dependent child. PDL may be used after the employee has missed four (4) consecutive days of scheduled work. The first four (4) days of an illness/disability must be paid from the employee’s PTO account prior to accessing PDL. Eligible employees accrue PDL based upon compensated hours. Full Time employees working 75 or more hours per pay period will accrue 60 hours per year. Accrual is pro-rated for Regular Part Time employees with an authorized FTE status (bid) of between 37.5 and 74.9 hours per pay period. Effective March 4, 2016, employees with an authorized FTE status (bid) of less than 37.5 hours per pay period are not eligible to accrue PDL. For eligible employees, PDL accrues from the first day of employment and is considered “earned” and made available for use only after successful completion of the probationary period. Full Time PDL Accrual Per Year Accrual Rate Maximum PDL Accrual Hours 60 Hours (8 days) .03077 225 Section 2. Should an employee be absent from work for more than three (3) consecutive scheduled work days due to the illness/disability of self or a dependent child, contact must be made with Human Resources/Payroll and the employee’s manager to notify them of continued absence. Section 3. An employee is expected to provide a “return-to-work” certification from a medical provider should his/her/dependent child’s illness/disability extend more than three (3) consecutive work days. Section 4. PDL may accumulate to a maximum of 225 hours. Once the maximum accrual is reached, no further accrual will occur. Employees are not compensated for hours in excess of their PDL balance. Section 5. Should an employee exhaust their PDL account, he/she must return to the use of PTO for the illness/disability to make them whole. Section 6. Accrued, unused PDL balances are not paid out upon either voluntary or involuntary termination of employment. Section 7. An employee with an authorized FTE status (bid) of less than 37.5 hours per pay period who becomes ineligible to accrue PDL upon the effective date of this Agreement will have until the last day of the last pay period in payroll year 2016 to use his/her previously-accrued PDL hours. Any unused PDL hours as of that date shall be forfeited. Article 29: Health, Dental and Life Insurance‌ Employees with an authorized FTE status (bid) of 60 or more hours per pay period are eligible for health insurance coverage. Health insurance coverage is effective the first of the month sixty (60) days following date of hire. For eligible employees the Employer will pay seventy-five (75%) percent of the premium for single coverage, and sixty-seven (67%) of the premium for single plus one, or family coverage at the option of the employee. The Employer will also contribute $1,000 to a Health Reimbursement Account (HRA) for single, $1,500 for single plus one, and $2,000 for family to employees enrolled in the plan. Employees with an authorized FTE status (bid) of 60 or more hours per pay period are eligible for dental insurance coverage. Dental insurance coverage is effective the first of the month ninety days following date of hire. For full-time employees the Employer will pay fifty (50) percent of the premium for single or family coverage at the option of the employee. The Employer may if it so chooses offer part-time employees who work less than one-thousand two-hundred fifty (1,250) hours in at or above a twelve (12)-month period and therefore do not qualify under specified FTE threshold the provisions of the Family and Medical Leave Act of 1993option to enroll for dental insurance. If state and federal law changes so that such offered, eligible part-time employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee shall be entitled to leaves of absence without pay responsible for not more than two (2) periods aggregating to no more than ninety (90) calendar days within a twelve (12)-month period upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. of this MOU, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent full cost of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. The Agency/Department Head may require acceptable proof of the employee’s ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection shall be returned to the same classification and the Agency/Department Head shall make his/her best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedurepremium.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time Except for employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions classification of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time Probation Intern employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee with tenure shall be entitled to leaves of absence without pay for not more than two (2) periods segments aggregating to no more than ninety (90) 90 calendar days within a twelve (12)-month any four year period of continuous employment upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. 16 of this MOUMemorandum, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. For the purposes of this Section, time during which a person is temporarily not employed by the County, if followed by reemployment within four years, shall not be considered as an interruption of continuous employment; but the period of time such employee is not employed shall not be counted in computing the four years of continuous employment for the purpose of qualifying for the 2 segments aggregating to no more than 90 calendar days. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection paragraph shall be returned to the same classification and the Agency/Department Head shall make his/her its best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time Except for employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions classification of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time Probation Intern employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee with tenure shall be entitled to leaves of absence without pay for not more than two (2) periods segments aggregating to no more than ninety (90) calendar days within a twelve any four (12)-month 4) year period of continuous employment upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 2116. (Disability Insurance Benefits) of this MOU, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. For the purposes of this Section, time during which a person is temporarily not employed by the County, if followed by reemployment within four (4) years, shall not be considered as an interruption of continuous employment; but the period of time such employee is not employed shall not be counted in computing the four years of continuous employment for the purpose of qualifying for the two (2) segments aggregating to no more than ninety (90) calendar days. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection paragraph shall be returned to the same classification and the Agency/Department Head shall make his/her its best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time employees who work less than one-thousand two-hundred fifty (1,250) hours in a twelve (12)-month period and therefore do not qualify under the provisions of the Family and Medical Leave Act of 1993. If state and federal law changes so that such part-time employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee Employees with tenure shall be entitled to leaves of absence without pay for not more than two (2) periods segments aggregating to no more than ninety (90) 90 calendar days within a twelve (12)-month any four year period of continuous employment upon presentation of acceptable proof of his/her personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time off, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. 16 of this MOUMemorandum, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s 's weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. For the purposes of this Section, time during which a person is temporarily not employed by the County, if followed by reemployment within four years, shall not be considered as an interruption of continuous employment; but the period of time such employee is not employed shall not be counted in computing the four years of continuous employment for the purpose of qualifying for the 2 segments aggregating to no more than 90 calendar days. The Agency/Department Head may require acceptable proof of the employee’s 's ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection paragraph shall be returned to the same classification and the Agency/Department Head shall make his/her its best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her best effort herein shall not be subject to the grievance procedure.

PERSONAL DISABILITY LEAVE. This subsection 7.L. applies only to part-time employees who work less than one-thousand two-hundred fifty (1,250) 1,250 hours in a twelve (12)-month 12-month period and therefore do not qualify under the provisions of the Family and Medical Leave Act of 19931993 (“FMLA”). If state and federal law changes so that such part-time employees are provided benefits equivalent to or exceeding those in this subsection, this subsection will no longer be in effect. After six (6) months from date of employment, an employee shall be entitled to leaves of absence without pay for not more than two (2) periods aggregating to no more than ninety (90) -calendar days within a twelve (12)-month 12-month period upon presentation of acceptable proof of his/her their personal disability. Before such leave, the employee must have used all accrued vacation, paid sick leave or compensating time offCTO, unless the employee is receiving accrued vacation, paid sick leave or compensating time off as a supplement to disability insurance benefits under Section 21. (Disability Insurance Benefits) of this MOU, in which event, the employee shall be entitled to personal disability leave. But the employee's entitlement to personal disability leave shall be reduced by the hourly equivalent of the disability insurance payment (hours of personal disability deducted per pay period equals two (2) times the employee’s weekly disability insurance entitlement divided by the employee's normal hourly rate) provided, however, that an employee who has exhausted paid leave balances and is receiving disability insurance only shall have personal disability leave deducted on a day-for-day basis. Such leave may be extended by mutual agreement of the employee and the Agency/Department Head. The Agency/Department Head may require acceptable proof of the employee’s ability to return to work provided that the Agency/Department Head shall notify the employee in writing of such requirement in advance. If the submitted proof is deemed unacceptable, the Agency/Department Head shall immediately notify the employee in writing of existing deficiencies in the submitted proof. Employees granted leave under this subsection shall be returned to the same classification and the Agency/Department Head shall make his/her their best effort to return such employee to the same geographical location, shift and, where there is specialization within a classification, to the same specialization. Questions as to whether or not the Agency/Department Head has used his/her their best effort herein shall not be subject to the grievance procedureSection 25. (Grievance Procedure).