Common use of Right to Refuse Recall Clause in Contracts

Right to Refuse Recall. A teacher on unrequested leave of absence may refuse a recall to a position of less time than the one held prior to placement on unrequested leave, without jeopardizing the teacher's seniority and reemployment rights to future positions, provided that refusal of a recall to such lesser position than the one held prior to placement on unrequested leave of absence shall constitute a waiver, terminating the teacher's seniority and reemployment rights with respect to the waived position, until the waived position becomes vacant through termination, resignation, or reassignment of the position incumbent. Termination or reduction of an incumbent's position, and a rehiring of the incumbent, shall not create a vacancy.