HW Maintenance – ART. 20: Leaves Of Absence

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ARTICLE 20

LEAVES OF ABSENCE

SECTION 1.  The Company agrees to grant the necessary time off, without discrimination or loss of seniority rights and without pay, to no more than two (2) employees designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided at least two (2) weeks written notice is given to the Company by the Union, specifying length of time off.

SECTION 2.  A leave of absence may be granted for personal reasons for a period not to exceed one (1) month upon application of the employee to and approval by the General Manager.  Such leave of absence shall not be renewed and seniority will not accumulate during the leave.  Employees will retain seniority earned prior to leave upon return from leave.

SECTION 3.  Job Related Illness or Injury.  In the event of an on the job illness, or injury which prevents the performance of regular duties, an employee with seniority status will be granted a leave of absence after medical evidence satisfactory to the Company is presented for a period not to exceed six (6) months.  The employee shall keep the general manager informed monthly, in writing, of the approximate time when he/she will be able to resume his/her regular duties.

The employee’s return to work shall be subject to approval of the attending physician and/or the Company’s designated physician.  There shall be no loss of seniority during such leave, however, no wage progression improvement increase or time credit shall be gained during such leave.

SECTION 4.  Family Leave: Notwithstanding any other provision of this agreement, the employer shall provide unpaid leaves of absence and maintain benefits during such leaves, and conformity with the California Family Rights Act of 1993, which appears at Section 12945.2 of the California Government Code, and the Family Medical Leave Act of 1993, and any amendments to either.  Pursuant to said statutes, the Company shall grant to each employee who has completed one year of service preceding the leave, leave for the birth, adoption of a child, or placement of a child or foster care, or for the care of a parent or person similarly situated or a spouse.  Leave shall also be granted for an employee’s own serious health condition, including pregnancy related disabilities.

The duration of leave under this Article 21 shall be up to twelve (12) weeks during a one (1) year period.  The Company may, at its discretion, require or permit an employee taking leave under this Article 21 to substitute for such leave, accrued, but untaken vacation time. Intermittent leave shall also be allowed for the care of a spouse, parent or child subject to appropriate medical certification.  Employees, who qualify for leave pursuant to this Article 21 and return within the time specified, shall be assigned to the position which they occupied at the time of taking such leave, unless a general bid is taken, providing such position exists. Any employee seeking reinstatement following a leave taken pursuant to this Article 21 shall have no greater rights to a position than if the employee had been continuously employed during the period of the leave.  Employees who qualify for leave under this Article 21 shall continue to be covered by the Group Health Insurance Plan for the duration of said leave; provided, however, that in the event that the employee does not return at the end of the leave period, the Company may recover the cost of said premiums from the employee.  There shall be no loss of seniority during such leave, however, no wage progression improvement increase or time credit shall be gained during such leave.  At the sole discretion of the Company, an additional three (3) months unpaid leave of absence may be granted.  Such decision shall not be subject to Article 4 Grievance and Arbitration Procedure.