Common use of Reinstatement from LWOP Clause in Contracts

Reinstatement from LWOP. LWOP is granted with the expectation of reinstatement to the bargaining unit member’s previous position or an equivalent position within the College when reasonable. During the leave of absence, however, the College may attempt to fill the bargaining unit employee’s position with a temporary employee, but reserves the right to eliminate the position, leave the position unfilled, or fill it with a regular employee as approved by the President. If the bargaining unit member’s previous position is no longer available for any reason or the employee is unable to perform the essential functions of the bargaining unit member’s previous position, the College will try to place the bargaining unit member in a similar available position or if there is no similar available position and the bargaining employee refuses any other position offered to the bargaining unit member for which the bargaining unit member is qualified, the college has no further reinstatement obligation. The bargaining unit member’s employment will terminate. Reinstatement following FMLA leave is addressed in SFCC’s Family and Medical Leave Act Policy.