Shared Leave The purpose of the leave sharing program is to permit state employees, to donate leave to come to the aid of another state employee who has been called to service in the uniformed services, who is responding to a state of emergency anywhere within the United States declared by the federal or state government, who is a victim of domestic violence, sexual assault, or stalking, or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition, which has caused or is likely to cause the employee to take leave without pay or terminate their employment. For purposes of the leave sharing program, the following definitions apply:
Return from Leave (a) On return from leave, an employee will be placed in their former position. (b) Vacation entitlement, not vacation pay, will continue to accrue while an employee is on leave pursuant to Clause 21.1 (Maternity Leave) or Clause 21.2 (Parental Leave).
Distributions Upon Income Inclusion Under Section 409A of the Code Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liability, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.
Pre-Paid Leave The Employer agrees to introduce a pre-paid leave program, funded solely by the employee, subject to the following terms and conditions: (a) The plan is available to employees wishing to spread four (4) years’ salary over a five (5) year period or three (3) years’ salary over a four (4) year period, in accordance with Part LXVII of the Income Tax Regulations, Section 6801, to enable them to take a maximum one (1) year leave of absence following the four (4) years or three (3) years of salary deferral. The plan is not to provide benefits to employees on or after retirement. (b) The employee must make written application to the appropriate Director at least three (3) months prior to the intended commencement date of the program (i.e., the salary deferral portion). (c) The number of employees that may be absent at any one (1) time shall be three (3), with a maximum of one (1) per program or department, subject to operational requirements. (d) Written applications will be reviewed by the appropriate Director or designate and granted subject to operational requirements. The principle of seniority shall govern in cases of suitable applications greater than the number outlined in (c). Decisions will be made twice a year, February 15th and September 15th. (e) During the years of salary deferral, twenty percent (20%) or twenty-five percent (25%) as applicable, of the employee’s gross annual earnings will be deducted and held for the employee and will not be accessible to her or him until the year of the leave or upon withdrawal from the plan. (f) The manner in which the deferred salary is held shall be at the discretion of the Employer. (g) All deferred salary shall be paid to the employee at the commencement of leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee. (h) Accrued interest, if any, shall be payable to the employee in the year that it is earned. (i) All benefits shall be kept whole during the years of salary deferral. (j) During the year of the leave, seniority will be retained but will not accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. Employees shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Pension Plan will be in accordance with the Plan. Employees will not be eligible to participate in the disability income plan during the year of leave. (k) An employee may withdraw from the plan only as a result of financial or other hardship, provided one (1) month’s notice is given to the Director. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time. (l) If the employee terminates employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case of the employee’s death, the funds will be paid to the employee’s estate. (m) If the Employer intends to fill the temporary vacancy, then Article 10 shall apply. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and rearranging the leave at a mutually agreeable time or of withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (n) The employee will be reinstated to her or his former position unless the position has been discontinued in which case the employee may exercise her/his seniority to bump as per Article 11. The employee must plan to return for a minimum of one (1) year. (o) Final approval for entry into the pre-paid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee’s pay. Such agreement will include: i) A statement that the employee is entering the pre-paid leave program in accordance with Article 13.10 of the Collective Agreement. ii) The period of salary deferral and the period for which the leave is requested. iii) The manner in which the deferral salary is to be held. iv) The letter of application from the employee to enter the prepaid leave program will be appended to and form part of the written agreement.
Return from Leave of Absence (a) Before a Nurse may return to work from a leave granted under Article 9.00, she or he must provide a minimum of four (4) weeks written notice of the specific date of his or her return to work, or such shorter time as mutually agreed. (b) Upon return from an approved Unpaid Leave of Absence, a Nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the Nurse shall be appointed to an equivalent position. (c) This clause requiring four (4) weeks written notice, does not apply to other leaves granted by an express provision of this Collective Agreement with different requirements for written notice.
Failure to Return from Leave Any employee who has been granted any type of unpaid leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence shall be considered as having resigned her or his position with the County, and her or his position shall thereupon be declared vacated, except and unless she or he has furnished evidence that she or he was unable to return to work for reasons protected by applicable Federal or State laws.
Special Leave Without Pay Section 1. Employees may participate in a Special Leave Without Pay Program as established by the Hennepin County Board of Commissioners. The Special Leave Without Pay Program period is from date of County Board Approval through December 31, 2021. Section 2. Upon the request of either party, the EMPLOYER and the UNION shall meet and confer on the extension of this Special Leave Without Pay Program each year through 2021. Section 3. The EMPLOYER's policy on use of Special Leave Without Pay (SLWOP) provides that employees may use SLWOP in cases where they would otherwise not take the leave. The EMPLOYER will therefore interpret its policy on SLWOP to allow SLWOP for Union Leave and Parenting Leave in cases where the employee would not otherwise take the leave.
Return of Employer Property Within five (5) days after the Employees termination of employment, Employee shall return to Employer all products, books, records, forms, specifications, formulae, data processes, designs, papers and writings relating to the business of Employer including without limitation proprietary or licensed computer programs, customer lists and customer data, and/or copies or duplicates thereof in Employee’s possession or under Employee’s control. Employee shall not retain any copies or duplicates of such property and all licenses granted to him by Employer to use computer programs or software shall be revoked on the termination date.
Return of Employer's Property After Employee has received notice of termination or at the end of the term hereof, whichever first occurs, Employee shall promptly return to Employer all documents and other property in his possession belonging to Employer.
Pre-Paid Leave Plan The Hospital agrees to introduce a pre-paid leave program, funded solely by the nurse, subject to the following terms and conditions: (a) The plan is available to nurses wishing to spread four (4) years' salary over a five (5) year period, in accordance with Part LXVIII of the Income (b) The nurse must make written application to the Chief Nursing Officer or Supervisor at least six (6) months prior to the intended commencement date of the program (i.e., the salary deferral portion), stating the intended purpose of the leave. (c) The number of nurses that may be absent at any one time shall be determined by local negotiations. The year for purposes of the program shall be September 1 of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the nurse, the local Union and the Hospital. (d) Written applications will be reviewed by the Chief Nursing Officer, Supervisor or designate. Leaves requested for the purpose of pursuing further formal nursing education will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority. (e) During the four (4) years of salary deferral, 20% of the nurse's gross annual earnings will be deducted and held for the nurse and will not be accessible to her or him until the year of the leave or upon withdrawal from the plan. (f) The manner in which the deferred salary is held shall be at the discretion of the Hospital. (g) All deferred salary, plus accrued interest, if any, shall be paid to the nurse at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the nurse. (h) All benefits shall be kept whole during the four (4) years of salary deferral. During the year of the leave, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. Full-time nurses shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan. Full-time nurses will not be eligible to participate in the disability income plan during the year of leave. (i) A nurse may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Chief Nursing Officer or Supervisor. Deferred salary, plus accrued interest, if any, will be returned to the nurse, within a reasonable period of time. (j) If the nurse terminates employment, the deferred salary held by the Hospital plus accrued interest, if any, will be returned to the nurse within a reasonable period of time. In case of the nurse's death, the funds will be paid to the nurse's estate. (k) The Hospital will endeavour to find a temporary replacement for the nurse as far in advance as practicable. If the Hospital is unable to find a suitable replacement, it may postpone the leave. The Hospital will give the nurse as much notice as is reasonably possible. The nurse will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary, plus accrued interest, if any, paid out to the nurse within a reasonable period of time. (l) The nurse will be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job. (m) Final approval for entry into the pre-paid leave program will be subject to the nurse entering into a formal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the nurse's pay. Such agreement will include: i) A statement that the nurse is entering the pre-paid leave program in accordance with Article 11.11 of the Collective Agreement. ii) The period of salary deferral and the period for which the leave is requested. iii) The manner in which the deferred salary is to be held. The letter of application from the nurse to the Hospital to enter the pre- paid leave program will be appended to and form part of the written agreement.
