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.
EXTENDED LEAVES OF ABSENCE A. Extended Leaves of Absence: As applicable, staff members employed during the 2015-16 school year will be “grandfathered” under the terms of the previous language. Provision has been made by the Board of Education for absence from duty of Professional Employees as follows: Health Leave Association Business Leave Parental Leave Military Leave Foreign Travel or Teaching - Academic Study Personal All requests for extended leaves of absence will be applied for and those approved shall be granted in writing. Professional Employees requesting reassignment upon completion of an extended leave of absence will be assigned to the first available position based upon their professional preparation, experience, and certification. Except for Association Business Leave and Military Leave, if a vacancy is not available by the beginning of the second year following the completion of the leave, the leave status ends and the Professional Employee is terminated from the district. Part-time Professional Employees who go on Extended Leave of Absence should not expect to return to a position which would increase their contract time. A part-time Professional Employee returning from Extended Leave of Absence may be offered a position of greater contract time.
B. Health Leave (extended) Any Professional Employee, having served the district for a minimum of three years, or with approval from the Superintendent and/or their designee, whose personal illness or physical incapacity extends beyond accumulated Xxxx Leave will be granted leave of absence without pay or increment for the remainder of the current semester. Health leave may be extended for one additional semester with application, as appropriate and available, made no less than 30 days prior to the conclusion of the current semester. In cases where such notice is not available, consideration will be made at the discretion of the Superintendent and/or their designee. At such time as the employee is diagnosed by their medical advisor as able to return to work, the employee may be returned to a position for which they are licensed, provided one is available, at the beginning of the subsequent semester or school year. Under no circumstances will an employee be entitled to return to a position.
C. Association Business Leave (extended)
1. Professional Employees designated by the recognized employees' organization may, upon request, be granted a leave of absence for up to two years without pay, for the purpose of engaging in activities of local, state, and national affiliates of the Association. Upon return from such a leave, a Professional Employee will be assigned to the same position, if available; or, if not, to a substantially equivalent position.
2. The president of the NEA SM may, upon request, be granted a leave of absence for up to six years for the purposes of performing those duties. The district will annually issue an employment contract to the NEA SM president during the term of the president's service. Such president shall receive Experience Credit as outlined in Article XI (Contracts and Salaries) C. (Experience Credit), 2. (Present Employees), hereof. During the tenure of the NEA SM president, the provisions of Article VIII (Temporary Leaves of Absence) hereof shall not apply to said president, including the accumulation of temporary leave and the reporting of absences to the district. The NEA SM will reimburse the district for all salary and benefits costs associated with the president's compensation. The Association agrees that the NEA SM president does not serve as an agent of the district while performing duties of the NEA SM president. Accordingly, the Association agrees to indemnify and hold the district harmless for any action of the NEA SM president while performing duties of the NEA SM president. Upon return from such leave, the NEA SM president will be assigned to the same position, if available, or, if not, to a substantially equivalent position. During the president's leave of absence, the president may agree to accept an additional assignment from the district. In that case, the district and the president shall agree (a) to the president's duties and responsibilities, (b) the terms and conditions of that assignment, and (c) an appropriate credit toward the NEA SM reimbursement for the president's salary and benefits.
D. Parental Leave (extended)
1. A Professional Employee may be granted a leave of absence, without pay or increment, for the purpose of prenatal care, or for the purpose of childcare, upon the birth of or adoption of a child. Under special/appropriate circumstances, approved Parental Leave (extended) may be adjusted/discontinued with the approval of the Superintendent and/or their designee.
a. In the event of pregnancy, the Professional Employee shall file a request for extended parental leave with the Human Resources Office at the beginning of the third trimester of pregnancy.
b. In the event of an adoption, the Professional Employee shall file written notice with Human Resources at the time the Professional Employee received notice from the adoption agency.
c. Such leave may commence at any time and will extend through the end of the current semester.
d. Upon written application, such leave may be extended for one semester. Exceptions to this policy will be governed by the requirements of the Family and Medical Leave Act.
E. Military Leave (extended)
1. Leave for military or alternate civilian service, as provided by law or in the regulations of the Selective Service System, will be granted, without pay or increment, to any Professional Employee who is inducted or enlists in active military or civilian services. This leave shall continue for the duration of the period of actual service and for ninety (90) days immediately following the honorable discharge or separation of the employee.
2. Within ninety (90) days following the honorable discharge, each person desiring reinstatement shall so notify the Board and shall furnish evidence of physical fitness and mental competence to do the kind of work the Professional Employee was doing at the time leave was granted, or such work as may be available.
3. This leave does not include or guarantee any assignment in addition to, or independent of, the standard assignment or any extra-standard salary allotment therefor.
4. Every possible consideration and preference in assignment shall be accorded to persons returning to the schools from the Armed Services.
5. This leave applies only to persons who enter military service, and does not apply to persons who voluntarily seek employment in war industries or other governmental positions.
6. Professional Employees who are members of units of the National Guard or reserve forces of the United States and who are called to serve a mandated tour of duty for training or other service by proper authority pursuant to the laws of the United States or of the State of Kansas, shall be granted a leave of absence not to exceed fifteen (15) days during a contract period. Professional Employees called to serve will select those duty options which least interfere with the educational program of the District. The Professional Employee will be reimbursed by the District to make up any difference between the Professional Employee's base contract daily rate and the Professional Employee's military pay during this leave of absence.
F. Foreign Travel or Teaching; Academic Study (extended)
1. Foreign Travel
Paid Leaves of Absence Paid leaves of absences granted under this Article shall not exceed the employee's normal work schedule.
Other Leaves of Absence In the event that you are on a bona fide leave of absence, not otherwise described in this definition, from which you have not returned to employment with the Company or an Affiliate, your Separation from Service has occurred on the first day on which your leave of absence period exceeds six months or, if earlier, upon your termination of employment (provided that such termination of employment constitutes a Separation from Service in accordance with the last sentence of the first paragraph of this definition).
General Leaves of Absence A. Upon written request from the employee and upon approval of the College President, unpaid leave of absence may be granted to any employee for such things as: (a) illness; (b) family emergency; (c) maternity/paternity; (d) adoption; (e) education; and (f) military leave. The terms of the leave of absence will be confirmed in writing by the College.
B. The leave of absence of an employee on leave for reasons other than military service will terminate at the end of one (1) full year in which no service has been rendered. No more than one (1) year will be granted to any family unit for maternity/paternity leave for any one (1) child.
C. Except for military service, there shall be no other employment while on leave without prior approval of the President.
D. The returning employee will be assigned to the position occupied before the leave of absence. If that position is unavailable/eliminated, the employee may choose a vacant position substantially equal in duties and compensation or any opening for which the employee is qualified.
E. Employees filling positions of employees on leave of absence will be assigned to such positions for a specific period of time, during which they shall be subject to all provisions of this Agreement. It shall be the responsibility of the College to inform replacement employees of these provisions. This provision does not apply to leaves of short duration for which the College presently hires temporary employees.
F. The employee will retain accrued sick leave, vested vacation rights, and seniority rights while on leave of absence. However, vacation credits, sick leave, and seniority shall not accrue while the employee is on leave of absence; provided, however, that if such leave is approved for extended illness or injury, seniority shall accrue.
Educational Leave of Absence Leaves of absence may be granted up to six (6) months under the above provisions only if the course would be beneficial to both the University and the employee.
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.
General Leave of Absence a) Leave of absence without pay may be granted to employees for valid reasons as set out by Company policy.
b) An employee on general leave of absence shall not accumulate sick leave credits, or earn vacation but shall retain the seniority, sick leave credits, and vacation credits earned prior to commencing leave of absence.
c) Employees do not have the option of continuing their benefit coverage during the leave.
d) Employees on leave of absence shall be required to apply for any extension.
Unpaid Leaves of Absence 24.01 An employee who has completed one (1) year of continuous service with the Employer may be granted a leave of absence without pay or benefits because of injury, illness, education purposes, employment by the Union, or other personal reasons, including maternity leave. The decision to grant the leave or the length of the leave period will be at the discretion of the Employer with due consideration given to the reasons and evidence presented by the employee to the Employer. Such requests shall not be unreasonably denied.
24.02 All leaves of absence (and any extensions thereof) must be applied for and granted in writing on forms provided by the Employer (with a copy to the employee). Except in cases of emergency, the leave request shall be filed with the employee's Department Head not later than two (2) weeks prior to the date on which the leave is to start. Along with the request for the leave, he shall supply any and all available documentation in support of said leave. This documentation shall consist of medical proof of disability in cases where the leave is for medical purposes and the specific reason for the leave when the leave is for other purposes. An employee will be notified in writing within five (5) working days from the date the application was made of the approval or disapproval of the leave of absence request for ten (10) working days or less. For a leave request in excess of ten (10) working days, the employee will be notified within two (2) weeks from the date the application was made of the approval or disapproval of the leave. An employee who is granted such a leave shall not accrue any benefits during his absence, including seniority.
24.03 Leaves of absence will not be granted for the employee to seek employment with another employer, nor shall any employee work for another employer during the time period he is on leave. Any employee who works for another employer while on leave shall have his leave canceled immediately and be subject to disciplinary action.
24.04 When an employee returns to work after a leave of absence, he will be assigned to the position which he formerly occupied or to a similar position if his former position no longer exists at the applicable rate of pay, provided the employee is able to perform the work.
24.05 An employee may, upon request, return to work prior to the expiration of any leave of absence, provided that such early return is agreed to by the Employer.
24.06 Employees absent from work without authorization or approval shall be considered on an unauthorized leave. An unauthorized leave for a period of more than four (4) eight (8) hour consecutive working days may, at the Employers discretion, subject the employee to disciplinary action, including discharge.
Medical Leave of Absence Where you have a medical leave of absence due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and you have not returned to employment with the Company or an Affiliate, a Separation from Service has occurred on the earlier of: (A) the first day on which you would not be considered “disabled” under any disability policy of the Company or Affiliate under which you are then receiving a benefit; or (B) the first day on which your medical leave of absence period exceeds 29 months.
