Unpaid Leave of Absence If an employee is on an unpaid leave of absence, then vacation leave, compensatory time, or sick leave cannot be used for the purpose of maintaining eligibility for an Employer Contribution by keeping the employee on a State payroll for one (1) working day per pay period.
LEAVE OF ABSENCE Section 13.1 In the event a regular employee takes a leave of absence because of illness and returns to the Unit within the time specified in Section 26.1(c), the employee's seniority for all purposes upon returning shall include the period of such leave of absence. Section 13.2 The Company shall, upon written application from a regular employee, grant a special leave of absence not exceeding six (6) months, without pay, for maternity reasons (other than disability for which paid sick leave is provided pursuant to Article XXVI) or paternity reasons, with full reinstatement privileges. Such employee's seniority for all purposes upon returning shall include the period of such leave of absence. (a) The Company will arrange a long-term leave of absence for Union activity for not more than two (2) employees (not more than three (3) employees in New York) at any one time at any office of the Company for specific periods of not less than sixty (60) days and up to one (1) year in duration. The Union must give three (3) weeks’ advance notice for such leave requests. Any requests for extension of the sixty (60) day up to one (1) year period shall be granted provided that the total period of the original leave of absence and any extension thereof shall not exceed five (5) years in duration, unless a longer period is agreed to by both the Company and the Union. Upon the mutual agreement of both the Company and the Union, additional employees may be permitted to go on a long-term leave of absence for Union activity for periods which shall be mutually agreed upon. (b) In addition to the long-term leaves of absence granted pursuant to paragraph (a) above, the Company will give reasonable consideration to requests for short-term leaves of absence for Union activity. Reasonable notice for leaves of absence for Union activity shall be given to the Company by the Union; whenever possible, such notice shall be given at least two (2) weeks prior to the date requested for the beginning of such leave. (c) The Union shall not make repeat leave requests for any individual for periods of less than sixty (60) days with the intent or effect of avoiding reaching the cap of two (2) employees (three (3) employees in New York) provided in subparagraph (a) above. (d) An employee granted a leave of absence pursuant to this Paragraph 13.3 shall accrue seniority for all purposes during such leave of absence or any extension thereof granted pursuant hereto. Section 13.4 An employee who is granted a leave of absence of ninety (90) calendar days or less under circumstances where seniority is not otherwise accrued under the foregoing provisions of this Article XIII, shall nevertheless accrue seniority for all purposes. Such leave of absence will be granted only if approved in advance by both the Company and the Union, in writing. If the Union refuses to approve such leave, the leave may be granted, but the employee will not accrue seniority during such leave. Except as otherwise provided in Article XIII and in Sections 11.6 and 11.8, any employee leaving the Unit shall forfeit his or her Unit Seniority. Section 13.5 Upon request, the Company may grant a leave of absence of up to one (1) year to an employee for civic, educational or similar purposes. Such requests from employees will be processed expeditiously. If the Union and the Company agree, the employee's seniority upon resumption of employment shall be that which the employee had on the date of such leave. (a) A regular employee who is granted a leave of absence in accordance with the terms of this Article shall be permitted to continue to participate in the Company's Employee Life Insurance Plan, Medical Plan, Long Term Disability Income Plan, Dental Plan and the ABC-NABET-CWA Retirement Trust Fund, provided that during the period of the employee's leave of absence such employee shall make all employee contributions that he or she is otherwise obligated to make and that the employee shall also make all contributions that the Company is otherwise obligated to make to provide coverage for such employee, commencing at such time as the Company normally requires its personnel on leave of absence to commence such contributions. (b) The New York arbitration award in Grievance AN 82-41 is deemed null and void. Section 13.7 A regular employee will be granted a leave of absence of three (3) days with pay in the event of a death in the immediate family (parents, parents-in-law, husband, wife, children, same sex domestic partner, brothers, sisters and grandparents). In the case of a serious illness in the immediate family (as defined above), leaves in such cases will be granted at the discretion of the Department Head of three (3) days with pay. With the approval of the Department Head, an extension of up to seven (7) consecutive days without pay may be granted in the case of either of the foregoing leaves due to death or serious illness in the immediate family. For other justifiable personal reasons which cannot be attended to outside of working hours (which may include travel days, where required, in addition to the allowable three (3) days for death in the family), leaves of absence with pay may be granted on the approval of the Department Head. If a leave because of death in the immediate family coincides with any part of an employee's vacation, the employee's vacation time shall not be reduced as a result of such leave. In any case above where the discretion of the Department Head is allowed or such approval is required, the Department Head will make such determination in a manner that is neither arbitrary nor capricious.
