Reinstatement to Former Position. A regular employee who accepts a lower level position under this Article shall have the right to reinstatement of her/his former position or one substantially derived from it, if such becomes available within one (1) year from the date of accepting the lower level position. The job, in such instances, will not be posted and the employee shall receive the salary she/he would have attained assuming she/he had not transferred to a lower level job.
Reinstatement to Former Position. An employee generally is entitled to be restored to an equivalent position and to equivalent conditions of employment. This may not be applicable to employees who are designated as "highly compensated employees". The District cannot guarantee that an employee will be returned to his or her original job. The District will make a determination as to whether a position is an “equivalent position”. A highly compensated employee is one who is salaried, and is "among the highest paid 10 percent" of the employees employed within 75 miles of the employee's worksite. An employee who qualifies as a "highly compensated" employee may be denied restoration to employment if necessary to prevent substantial and grievous economic injury to the operations of the District. An employee who is ready to return from leave must complete a "Notice of Intention to Return from Family or Medical Leave" before he or she can be returned to work. An employee may return to work before the expiration of a family or medical leave of absence. In this event notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return.
Reinstatement to Former Position. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the former position from which he/she was promoted, provided the employee has not been discharged or disciplined pursuant to this MOU.
Reinstatement to Former Position. Upon the expiry of any leave of absence, the Society-represented lawyer will be returned to their former position and location if such position and location still exists. If the position does not exist, the lawyer shall be reinstated in accordance with the lay-off/redeployment provisions in place at the time that the leave expires. At the end of the leave of absence, the Employer is obligated to relocate the Society-represented lawyer within LAO at a position as close as possible to the position held at the time the leave of absence was granted. A Society-represented lawyer on leave will be neither advantaged nor disadvantaged in a surplus situation.
Reinstatement to Former Position. An employee generally is entitled to be restored to an equivalent position and to equivalent conditions of employment. This may not be applicable to employees who are designated as "highly compensated employees". The District cannot guarantee that an employee will be returned to his or her original job. A determination as to whether a position is an "equivalent position" will be made by the District. A highly compensated employee is one who is salaried, and is "among the highest paid 10 percent" of the employees employed within 75 miles of the employee's worksite. An employee who qualifies as a "highly compensated" employee may be denied restoration to employment if necessary to prevent substantial and grievous economic injury to the operations of the District. An employee who is ready to return from leave must complete a "Notice of Intention to Return from Family or Medical Leave" before he or she can be returned to work. An employee may return to work before the expiration of a family or medical leave of absence. In this event notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return. FAILURE TO RETURN FROM LEAVE The failure of an employee to return to work upon the expiration of a family or medical leave of absence will subject the employee to immediate termination unless an extension is granted. Any termination, as a result of this provision, is subject to the same rights as a termination for cause. An employee who requests an extension of family leave or medical leave due to the continuance, recurrence or onset of her or his own serious health condition, or the serious health condition of the employee's spouse, child or parent, must submit a request for an extension, in writing, to the employee's immediate supervisor with a copy to the office of the Superintendent. This written request should be made as soon as the employee realizes that she or he will not be able to return at the expiration of the leave period. INTERPRETATION OF ACT The District intends to remain faithful to the requirements of the Act. Questions regarding the interpretation, administration, and application of the Act to eligible employees shall be resolved by reliance on the FMLA and its interpretive regulations. Where relevant, the District will also consider its policies, rules, practices, and negotiated agreements.
