Section 16. Leaves of Absence Without Pay: Difference between revisions

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#Employees may be granted leaves of absence without pay for a variety of circumstances.  In all cases, the BSC intends to follow applicable federal and state laws.  The information in this section of the policy is provided as a general guidance for planning purposes.  As soon as an employee learns of the need for a leave of absence, a manager’s request should be submitted to the BSC Cabinet and all other employees’ requests to the appropriate supervisor and manager.  If the need for the leave is known more than thirty days in advance, the employee is required to provide at least thirty days of notice.  If the need is such that thirty days of notice cannot be provided, the request must be made as soon as possible.  Leave may be delayed if proper notice is not provided.  Any leave request must be made in writing and is subject to the approval of the Executive Director.  A reduction in hours shall be interpreted as a change in work schedule, not as a leave of absence.
#REDIRECT [[Employee_Association_Contract#V._Holiday.2C_Vacation.2C_Sick_Days.2C_Leave]]
#An employee returning from a leave of absence ordinarily will be entitled to return to the same or a comparable position, unless the position has been eliminated due to an alteration or termination, or the employee would have been terminated for reasons unrelated to the leave.  Employees returning from leave due to their own serious health conditions or disability are required to provide medical certification that they are released to return to work.  Failure to return as scheduled from a leave will ordinarily result in termination of employment.
#Six Month Maternity Leave: A female employee is eligible for and shall be granted, upon request of the employee, a maternity leave of six months or less during the period immediately preceding and/or following the child’s birth.
## Such Six Months Maternity Leave shall be deemed to include any compensated vacation leave, sick leave, compensatory time, or holiday pay.
## Such Six Months Maternity Leave shall not commence more than five months prior to the projected date of birth.
## If an employee is required to cease working for any reason during the last three months of pregnancy, such leave shall be charged against the employee’s Six Months Maternity Leave, for medical reasons as verified by the appropriate medical personnel.
## In exceptional circumstances, the employee may request an extension of leave for personal reasons. The Executive Director shall grant such an extension, if in his/her opinion, the operations of the BSC will not be significantly disrupted.
## The BSC shall continue to pay the monthly health plan contribution for the employee as defined in Section 10.F.
#A male employee, upon his request, shall be granted Six Months Paternity Leave for the purposes of assisting or caring for the newborn baby, the mother, or caring for his other minor children in connection with the pregnancy. The terms, conditions, and benefits of paternity leave shall exist in the same manner as described under maternity leave above.
#Neither vacation nor sick leave shall accrue to an employee who is on a leave of absence without pay.
#Medical benefits shall only be carried for one month during a non-medical leave, and for up to six months during a leave of absence for medical reasons. A leave of absence for medical reasons from an on-the-job injury may require that benefits be continued for more than six months (according to applicable laws).
#In circumstances where the state of an employee’s physical or mental health is, in the judEDent of the Executive Director, inadequate for the competent performance of the regular duties of the position held, the employee shall be required to take a medical leave of absence without pay not to exceed three months.
#Employees may be granted, upon request, a leave of absence for up to six months in any twelve-month period for the following reasons:
## Birth of the employee’s child, adoption of a child by the employee, or placement of a child with the employee for foster care.
## Care for the employee’s child, spouse, or parent with a serious health condition.
## Serious health condition of the employee, meaning one of the following:
### Incapacity or treatment in connection with inpatient hospital care.
### Incapacity requiring absence from work, school, and other daily activities for more than three days and involving continuing treatment from a health care provider.
### Continuing treatment of a chronic or long-term health condition that would result in more than three days of incapacity if not treated.
### Pregnancy disability.
#A leave of absence will be granted to an employee who is disabled from work as a result of a work-related injury or illness.  Employees will be retained on work-related disability status until one of the following circumstances occurs:
## The employee is released with no restrictions.
## The employee is released to work with some restrictions and work is offered by the employer which is consistent with the restrictions.
## Medical evidence established that the employee is permanently disabled from returning to usual duties.
## The employee informs the employer of the intent not to return to work (either by directly communicating to the employer or by actions inconsistent with intent to return, such as moving out of state or accepting other employment). <br><br>An employee returning to work must provide the employer with reasonable advance notice of release to return and provide a physician’s statement indicating fitness to perform former duties.  An employee returning to work will be returned to the former position, or, if such a position is not available, will be offered the first available comparable position for which the employee is qualified.
#For all medical leaves of absence, the employee must regularly provide the employer with medical verification regarding the status of the disability, including the expected date of return to work and changes in medical condition.  Benefits such as vacation and sick leave will not accrue while on an unpaid medical leave of absence.
#Seniority and benefits will accrue during any period that paid leave is used, but will not accrue during an unpaid leave of absence.

Latest revision as of 08:37, 28 July 2021