Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West 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
as the employee’s spouse, parents, child, registered domestic partner or the child of a registered domestic partner. c. A serious medical condition of the employee. d. Care for an injured servicemember. An eligible employee who is the spouse, son, daughter, parent, next of kin or registered domestic partner of a covered U.S. Armed Forces servicemember who incurs an illness or injury in the line of duty. Such eligible employees shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve (12) month period to care for the servicemember. The leave described in this paragraph shall only be available during a single twelve (12) month period. 3. Additionally, employees shall be granted leaves of absence for physical or mental disabilities for a period not to exceed one (1) year, where the necessity for such absence has been certified by the employee's attending physician; such leaves shall be subject to the return from leave provisions of Section U below. M. Personal Leave A personal/emergency leave of absence may be granted to full-time and regular part-time employees. Length of a personal leave of absence may range up to 90 calendar days. Approval of personal/emergency leave of absence shall be made by the employee's immediate supervisor with the concurrence of the Human Resources Department. The Employer will not unreasonably withhold approval of requests for personal/emergency leaves of absence. N. Industrial Leave 1. Leaves due to industrial illness or injury shall be granted and applied consistent with applicable laws governing workers compensation. Service credit, accrual of seniority, and Employer contributions toward the employee's benefit package shall continue during the entire period of a leave of absence due to industrial illness or injury. 2. An Employee who is injured or suffers a work related illness on the job shall be placed on an industrial leave of absence beginning with the first day of such injury or illness. Employees covered by Workers Compensation will remain on industrial leave until such time as the employee has been released by a physician, and/or cleared by the Employee Health Process. When released to return to work, the Employee must be available and physically capable of performing the job, with legal obligations of the employer to make reasonable accommodations, where legally necessary or required. 103
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it is understood that recurring requests may be denied since such requests cause a burden<br />
on the process <strong>of</strong> scheduling, staffing and quality patient care.<br />
I. Return to Duty.<br />
Unless otherwise specified above, when an employee returns from leave <strong>of</strong> absence not<br />
exceeding thirty (30) days in compliance with the approved terms <strong>of</strong> the leave, such an<br />
employee shall be assigned to the same classification, position, unit and shift he/she held<br />
before the leave. Unless otherwise specified above, if the leave is in excess <strong>of</strong> thirty (30)<br />
days and the employee returns in compliance with the approved terms <strong>of</strong> the leave, the<br />
Employers will use their best efforts, and will not unreasonably deny return <strong>of</strong> the<br />
employee to the same classification, position, unit, and shift as occupied at the start <strong>of</strong> the<br />
leave. If conditions have changed so that this is not possible, the employee shall be<br />
reinstated in a position, unit and shift as nearly comparable as is possible under the<br />
circumstances.<br />
J. Notice to Replacements.<br />
A person hired or assigned as a replacement for an employee on a leave <strong>of</strong> absence shall<br />
be so advised by the Employers.<br />
K. Non-forfeiture <strong>of</strong> Accrued Rights.<br />
By reason <strong>of</strong> such leave <strong>of</strong> absence, the employee shall not lose any accrued rights under<br />
this Agreement but likewise he/she shall not accrue rights under this Agreement, unless<br />
otherwise provided for above.<br />
At St. Francis Only:<br />
L. Family, Medical, Pregnancy and <strong>Workers</strong>' Compensation Leaves<br />
1. The employer will comply with its obligations under federal and state law<br />
regarding leaves <strong>of</strong> absence, including those related to individual, family,<br />
medical, pregnancy, military and workers' compensation leaves, including without<br />
limitation with respect to the granting <strong>of</strong> such leaves and return from such leaves.<br />
2. Employees continuously employed by the Employers for twelve (12) consecutive<br />
months and who have worked at least 1250 hours within the twelve (12) months<br />
preceding the commencement <strong>of</strong> the leave shall be eligible for Family Medical<br />
Leave in accordance with the provisions <strong>of</strong> the federal Family Medical Leave Act<br />
(FMLA) and the California Family Rights Act (CFRA). Such leaves shall be<br />
made available for:<br />
a. The birth <strong>of</strong> the employee’s child, or receipt <strong>of</strong> a child in foster<br />
care or adoption;<br />
b. The care <strong>of</strong> an employee’s immediate family member. For the<br />
purposes <strong>of</strong> this provision, members <strong>of</strong> the immediate family are defined<br />
102