Daughters of Charity - SEIU-UHW Healthcare Workers West

An employee who returns from leave of absence on the approved due date will be
returned to the same position and shift if the leave is for ninety (90) calendar days
or less. Except where otherwise required by applicable law, an employee
returning on the approved due date from a leave in excess of ninety (90) days will
be assigned a vacant position and shift as similar as is practicable to the one
occupied prior to the leave of absence. If no such vacancy exists as of the return
date, the employee will be given the option of accepting another position for
which she/he is determined to be qualified or accepting a Per Diem position until
a vacancy in his/her classification for which (s)he is determined to be qualified
arises, or waiting until a comparable position becomes available. If the vacant
position has more hours (irrespective of the shift), the vacancy will be filled by
use of the posting and filling of vacancies procedure of this Agreement. If a
vacant position has comparative hours and is on the same shift, the position will
be assigned to the employee without regard to the bidding procedure. If the vacant
position has fewer hours than his/her former position (irrespective of shift) or has
comparable hours and is on a different shift, the employee will be offered the
vacant position and will have the option of accepting the position, or remaining in
per diem status, until a position comparable in hours and shift to his/her former
position becomes available. While in such per diem status, however, the employee
must meet the Employer's minimum availability requirements for per diem
employees.
V. Failure to Return from Leave
Any employee who does not return to work on the due date may be disciplined,
and an employee who does not return to work within three (3) days of the due
date will be terminated as of that date, unless an extension of the leave of absence
has been requested in writing by the employee and granted in writing by the
Employer, prior to the return due date. If the employer denies an extension, the
employee must return to work as of the original date authorized, unless the
Employer acted unreasonably in denying such request. In the event of emergent
circumstances, where the employee could not return to work (i.e. auto accident,
emergency hospitalization) and the employee requested an extension in timely
fashion, an extension of the leave may be granted and not unreasonably denied.
W. Concurrent Leaves
Except as otherwise required by law, if a condition or reason for leave entitles an
employee to more than one type of leave under this Article, such leaves shall run
concurrently.
ARTICLE 26: PHYSICAL EXAMINATIONS
All physical examinations required of employees in connection with their employment,
according to the practice of the Employers, shall be given without charge, and all costs
incident to those examinations shall be borne by the Employers. Notwithstanding the
foregoing, nothing in this Article shall be construed to obligate the Employers to pay for
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