Daughters of Charity - SEIU-UHW Healthcare Workers West

it is understood that recurring requests may be denied since such requests cause a burden
on the process of scheduling, staffing and quality patient care.
I. Return to Duty.
Unless otherwise specified above, when an employee returns from leave of absence not
exceeding thirty (30) days in compliance with the approved terms of the leave, such an
employee shall be assigned to the same classification, position, unit and shift he/she held
before the leave. Unless otherwise specified above, if the leave is in excess of thirty (30)
days and the employee returns in compliance with the approved terms of the leave, the
Employers will use their best efforts, and will not unreasonably deny return of the
employee to the same classification, position, unit, and shift as occupied at the start of the
leave. If conditions have changed so that this is not possible, the employee shall be
reinstated in a position, unit and shift as nearly comparable as is possible under the
circumstances.
J. Notice to Replacements.
A person hired or assigned as a replacement for an employee on a leave of absence shall
be so advised by the Employers.
K. Non-forfeiture of Accrued Rights.
By reason of such leave of absence, the employee shall not lose any accrued rights under
this Agreement but likewise he/she shall not accrue rights under this Agreement, unless
otherwise provided for above.
At St. Francis Only:
L. Family, Medical, Pregnancy and Workers' Compensation Leaves
1. The employer will comply with its obligations under federal and state law
regarding leaves of absence, including those related to individual, family,
medical, pregnancy, military and workers' compensation leaves, including without
limitation with respect to the granting of such leaves and return from such leaves.
2. Employees continuously employed by the Employers for twelve (12) consecutive
months and who have worked at least 1250 hours within the twelve (12) months
preceding the commencement of the leave shall be eligible for Family Medical
Leave in accordance with the provisions of the federal Family Medical Leave Act
(FMLA) and the California Family Rights Act (CFRA). Such leaves shall be
made available for:
a. The birth of the employee’s child, or receipt of a child in foster
care or adoption;
b. The care of an employee’s immediate family member. For the
purposes of this provision, members of the immediate family are defined
102