Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West
3. The employer will place employees released to return to work from an industrial injury or illness on a temporarily restricted basis, in their former job, provided the employee can perform substantially all the essential job functions per the medical restrictions, or in an appropriate job opening on a preferential basis at their regular rate of pay. 4. Upon release to return to work from an occupational injury or illness, the employer will require the Employee to provide a return to work authorization giving the name of the attending physician, the physician's signature, the date the Employee is released to return to work and a description of any continuing disability. 5. Upon release to work from an occupational injury or illness and is cleared by the Employee Health Process, an employee will be placed in the former or comparable job if it is available. If neither is available, the employee will be placed in the next available job for which the employee is qualified as soon as practical. 6. The employer will place employees released to return to work from an industrial injury or illness on a permanently restricted basis, in the former job or a comparable job, provided the employee is physically capable of performing essential functions, with reasonable accommodation where legally necessary or required, per the medical restrictions and limitations. If the employee is unable to perform their former job, that employee has the opportunity to bid on any job vacancy that she or he is physically capable of and qualified to perform per their medical restrictions and limitations with reasonable accommodations where legally necessary or required. Where there is no appropriate job, the employer will provide all the necessary vocational/rehabilitation training program benefits as approved by the Division of Industrial Accidents/Workers Compensation Appeals Board pursuant to the administration of the California Labor Code. Those employees who complete an applicable vocational/rehabilitation training program under Workers Compensation will then have ninety (90) days to bid on open position(s) for which they are qualified. O. Pregnancy Disability Leave Employees disabled due to pregnancy or pregnancy-related conditions shall be eligible for a maximum of four (4) months unpaid leave of absence, in addition to CFRA leave, in accordance with the provisions of California Law. P. Voluntary Leaves for Disaster Services 1. Policy Statement When a significant disaster occurs, the Employer is committed to providing voluntary assistance to governmental agencies and non-profit agencies that may 104
equest our services. Response to all such requests must be approved in advance by the Employer’s Chief Executive Officer or designee. Voluntary leave for disaster service by employees will only be approved if such leave does not unduly impact the Employer’s operations, including health care delivery to patients. Denial of such leave shall not be subject to the grievance and arbitration provisions of this Agreement. Q. Military Leave Military leave of absence shall be granted to eligible employees who are absent from employment in order to perform duty, on either a voluntary or involuntary basis, in the uniformed services of the United States. Eligibility for military leave, and all other rights and obligations in connection with such leave, shall be in accordance with, and fully governed by, the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA). An employee who is the spouse or registered domestic partner of a servicemember of the U.S. Armed Forces deployed in a combat zone during a period of military conflict may take up to ten (10) days of unpaid leave. To be eligible for such a leave, an employee must be regularly scheduled to work twenty (20) or more hours a week, and must submit documentation to the Employer of his/her intention to take such a leave within two (2) business days of receiving notice that the servicemember will be on leave from deployment. R. Other Leaves of Absence Leaves of absence for reasons other than those specified herein above shall be granted only by agreement between the employee and the Employer and if a real and compelling reason for time off exists. A leave of absence shall not be unreasonably denied, although 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. S. 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 Employer. T. 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. U. Return from Leave 105
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equest our services. Response to all such requests must be approved in advance<br />
by the Employer’s Chief Executive Officer or designee. Voluntary leave for<br />
disaster service by employees will only be approved if such leave does not unduly<br />
impact the Employer’s operations, including health care delivery to patients.<br />
Denial <strong>of</strong> such leave shall not be subject to the grievance and arbitration<br />
provisions <strong>of</strong> this Agreement.<br />
Q. Military Leave<br />
Military leave <strong>of</strong> absence shall be granted to eligible employees who are absent<br />
from employment in order to perform duty, on either a voluntary or involuntary<br />
basis, in the uniformed services <strong>of</strong> the United States. Eligibility for military<br />
leave, and all other rights and obligations in connection with such leave, shall be<br />
in accordance with, and fully governed by, the Uniformed Service Employment<br />
and Reemployment Rights Act <strong>of</strong> 1994 (USERRA).<br />
An employee who is the spouse or registered domestic partner <strong>of</strong> a<br />
servicemember <strong>of</strong> the U.S. Armed Forces deployed in a combat zone during a<br />
period <strong>of</strong> military conflict may take up to ten (10) days <strong>of</strong> unpaid leave. To be<br />
eligible for such a leave, an employee must be regularly scheduled to work twenty<br />
(20) or more hours a week, and must submit documentation to the Employer <strong>of</strong><br />
his/her intention to take such a leave within two (2) business days <strong>of</strong> receiving<br />
notice that the servicemember will be on leave from deployment.<br />
R. Other Leaves <strong>of</strong> Absence<br />
Leaves <strong>of</strong> absence for reasons other than those specified herein above shall be<br />
granted only by agreement between the employee and the Employer and if a real<br />
and compelling reason for time <strong>of</strong>f exists. A leave <strong>of</strong> absence shall not be<br />
unreasonably denied, although it is understood that recurring requests may be<br />
denied since such requests cause a burden on the process <strong>of</strong> scheduling, staffing<br />
and quality patient care.<br />
S. Notice to Replacements<br />
A person hired or assigned as a replacement for an employee on a leave <strong>of</strong><br />
absence shall be so advised by the Employer.<br />
T. 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<br />
rights under this Agreement but likewise he/she shall not accrue rights under this<br />
Agreement.<br />
U. Return from Leave<br />
105
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